[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Rules and Regulations]
[Pages 1700-1702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00402]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 220105-0003]
RIN 0648-BL05


Fisheries of the Northeastern United States; Atlantic Mackerel; 
2022 Interim Action

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; interim measures; request for comments.

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SUMMARY: This temporary rule implements interim specifications for the 
2022 fishing year to address new assessment information regarding the 
status of the Atlantic mackerel stock. This action is intended to 
reduce potential Atlantic mackerel overfishing based on new 2021 
assessment findings while a rebuilding plan is being developed.

DATES: Effective January 7, 2022, through July 11, 2022. Comments must 
be received by February 11, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2021-0137 by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and 
enter NOAA-NMFS-2021-0137 in the Search box. Click on the ``Comment'' 
icon, complete the required fields, and enter or attach your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    The supporting documents for the action are available upon request 
from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic Fishery 
Management Council, Suite 201, 800 N State Street, Dover, DE 19901. 
These documents are also accessible via the internet at https://www.mafmc.org.

FOR FURTHER INFORMATION CONTACT: Aly Pitts, Fishery Management 
Specialist, (978) 281-9352.

SUPPLEMENTARY INFORMATION:

Background

    The Mid-Atlantic Fishery Management Council (Council) manages the 
Atlantic mackerel fishery under the Mackerel, Squid, and Butterfish 
(MSB) Fishery Management Plan (FMP). Section 305(c) of the Magnuson-
Stevens Act allows the Secretary to implement interim measures to 
reduce or address overfishing. In situations such as this, in which the 
Mid-Atlantic Council has begun the development of a rebuilding plan, 
section 304(e)(6) allows the Council to request the Secretary to 
implement interim measures to reduce overfishing, even if such measures 
are not sufficient themselves to stop overfishing, until such measures 
can be replaced by the rebuilding plan. As further described below, 
NMFS implements this action to adjust the domestic annual harvest (DAH, 
or commercial quota) from the previously implemented amount of 17,312 
metric tons (mt) to 4,963 mt in order to minimize overfishing while the 
Council responds to the most recent stock assessment information and 
completes work on a revised rebuilding plan. This revised DAH takes 
into account new information on Canadian harvest and U.S. recreational 
landings.
    The 2017 stock assessment indicated that Atlantic mackerel was 
overfished and subject to overfishing. To end overfishing and rebuild 
the species, the Council adopted a rebuilding plan under Framework 
Adjustment 13 to the Mackerel, Squid, and Butterfish FMP (84 FR 58053; 
October 30, 2019). The rebuilding plan became effective in November 
2019 and set Atlantic mackerel catch levels to prevent overfishing and 
rebuild the stock by 2023 based on the strength of a larger than 
average year class from 2015. However, shortly after the rebuilding 
program was implemented, updated information, including a Canadian 
stock assessment, suggested that more recent recruitment was lower than 
expected when specifications were set in the original rebuilding plan. 
In response, the Council maintained, and we implemented, the overall 
2019 acceptable biological catch (ABC) (29,184 mt) and DAH (17,312 mt) 
through 2023 instead of increasing catch levels based on expected 
rebuilding progress as a precautionary measure to help the species 
continue to rebuild as

[[Page 1701]]

planned. On July 22, 2021, we published a final rule in the Federal 
Register (86 FR 38586), implementing the previously approved 2021-2022 
Atlantic mackerel specifications to maintain the 2020 specifications.
    At its July 2021 meeting, the Council's Scientific and Statistical 
Committee (SSC) reviewed the 2021 management track assessment results 
from the Northeast Fisheries Science Center, which concluded that 
Atlantic mackerel remains overfished, overfishing is occurring, and the 
2015 recruitment has not been as productive as expected. Based on this 
information, the SSC recommended that measures be implemented to 
eliminate or minimize additional catch for the rest of 2021 and 2022. 
At its August 2021 meeting, the Council requested that NMFS take action 
to reduce potential mackerel overfishing while it develops a rebuilding 
plan for this species during the 2022 fishing year. In response to the 
Council's request and to address concerns over 2021 catch, we recently 
published an in-season action reducing the mackerel possession limit to 
5,000 lb (2,268 kg) for the remainder of 2021 (86 FR 57376; October 15, 
2021) to minimize landings and overfishing based on the latest 
scientific information. We have also projected that the U.S. commercial 
fishery is expected to land over 5,400 mt of Atlantic mackerel during 
2021. Therefore, taking into account new estimates of Canadian landings 
and U.S. recreational harvest, this rule will adjust the commercial 
2022 DAH to 4,963 mt so that total catch in 2022 is similar to 2021.

Interim Atlantic Mackerel Specifications for 2022

    Based on the recommendations of the SSC, the MSB Monitoring 
Committee, and the Council, this action sets the 2022 Atlantic mackerel 
specifications, specifically the DAH to 4,963 mt. These specifications 
also maintain the 129-mt river herring and shad catch cap. There is an 
Atlantic mackerel stock assessment update scheduled for 2022 that will 
inform future ABC specifications.
    This temporary rule has an effective period limited by the 
Magnuson-Stevens Act to 180 days, with a potential extension of an 
additional 186 days. The Council has begun development of a revised 
rebuilding plan which it intends to be implemented by January 1, 2023. 
However, if the expected rulemaking implementing the rebuilding plan is 
not in place before the expiration of this rule (180 days following 
publication), an extension of the interim measures for 186 days will be 
considered.

Justification for Interim Measures

    Section 305(c) of the Magnuson-Stevens Act (16 U.S.C. 1855(c)) 
authorizes the Secretary of Commerce to implement interim measures to 
address overfishing. This action meets the 305(c) requirements for 
interim measures because it is necessary to minimize overfishing on the 
Atlantic mackerel stock that remains overfished while the Council 
develops a new rebuilding program for the stock.
    While some changes resulting from the 2021 stock assessment were 
expected, the magnitude of the shift in the perception of stock status 
necessitating changes to the catch limits was not, and could not have 
been, foreseen. The assessment results only recently became available, 
after the Council took final action on, and we implemented, the 2022 
specifications. Based on this new information, and only two years after 
the implementation of the original rebuilding program for mackerel, the 
Council must develop a new rebuilding plan to incorporate the most 
recent scientific information. However, given that the new information 
only recently became available, the Council could not complete an 
action to develop a new rebuilding plan and adjust specifications in 
time for the fishing year. Because of unforeseen specification 
adjustments necessary to address the recent stock assessment, the 
Council requested that NMFS take action to reduce potential additional 
Atlantic mackerel harvest in 2022 via a reduction in the commercial 
quota while the Council modifies Atlantic mackerel rebuilding for 2023. 
Delayed implementation of these measures increases the risk and 
magnitude of overfishing for 2022 by allowing the current 17,312 mt 
commercial catch rather than 4,963 mt, implemented by this rule.
    These interim measures are intended to minimize overfishing in the 
Atlantic mackerel fishery and additional negative impacts to the 
already overfished fishery resource. Therefore, avoiding the serious 
conservation and management problem of subjecting the overfished 
Atlantic mackerel stock to continued overfishing conditions due to 
reasonably unforeseen circumstances justifies these interim measures, 
and outweighs the benefit of advance notice and comment.

Renewal of Interim Regulations

    The Magnuson-Stevens Act limits NMFS' authority to implement 
interim measures for an initial period of 180 days, with a potential 
extension up to an additional 186 days, if warranted. The public has an 
opportunity to comment on the specification measures in this temporary 
rule (see ADDRESSES). After considering public comments on this rule, 
NMFS may extend the interim measures for one additional period of not 
more than 186 days to maintain the interim measures until permanent 
rulemaking can be implemented.

Classification

    NMFS issues this action pursuant to section 305(c) of the Magnuson-
Stevens Act. This action is required by 50 CFR part 648, which was 
issued pursuant to section 304(b).
    The Assistant Administrator for Fisheries, NOAA, finds that it 
would be unnecessary and contrary to the public interest to provide for 
prior notice and an opportunity for public comment, pursuant to 5 
U.S.C. 553(b)(B). This action reduces the allowable Atlantic mackerel 
catch based on new assessment information that recently became 
available. This adjustment is allowed pursuant to section 305(c) of the 
Magnuson-Stevens Act in order to minimize overfishing while the Council 
responds to the new, updated information. A delay would be contrary to 
the public interest for the Atlantic mackerel fishery. Implementing a 
reduced DAH was anticipated and discussed during development and 
implementation of the original specifications action (86 FR 38586, June 
22, 2021), as well as at the August and October 2021 Council meetings. 
Fishery stakeholders are anticipating action to reduce mackerel harvest 
in 2022, and they will have the opportunity to comment on this action 
in response to the current public notice.
    Where the public has had an opportunity to review the development 
of the Council motion to reduce Atlantic mackerel catch for 2022 based 
on the best available science (the purpose of this action), the value 
of a delay in its effectiveness would be outweighed by the need to 
implement this adjustment as quickly as possible. Failure to implement 
this action as quickly as possible for the 2022 fishing year could 
result in 2022 catch that could have potential negative biological 
impacts, as well as the potential to result in lower catch limits in 
the future than would otherwise be required by the new rebuilding plan. 
The Atlantic mackerel fishery is active in November-February. Given the 
high-volume nature of the fishery and the reduced DAH, it is likely 
that the fishery will exceed the DAH. A delay would be contrary to the 
public interest while we take action to reduce potential mackerel 
overfishing while the

[[Page 1702]]

Council responds to recent scientific information and develops a 
rebuilding plan and new specifications for this species. For the same 
reasons, the Assistant Administrator finds good cause under 5 U.S.C. 
553(d)(3) to waive the 30-day delay of effectiveness period for this. 
This rule should be effective as close to January 1, 2022, as possible, 
to fully realize the intended benefits to this high-volume fishery that 
is most active during the November-February months.
    This action is being taken pursuant to the 305(c) emergency action 
and interim measures provision of the Magnuson-Stevens Act and is 
exempt from OMB review.
    This temporary rule is has been determined to be not significant 
for purposes of Executive Order 12866.
    This rule does not duplicate, conflict, or overlap with any 
existing Federal rules.
    This action would not establish any new reporting or record-keeping 
requirements.
    This interim rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995

    Authority: 16 U.S.C. 1801 et seq.

    Dated: January 6, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-00402 Filed 1-7-22; 4:15 pm]
BILLING CODE 3510-22-P