Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; 2020 Specifications, 68871-68874 [2019-27152]
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jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Proposed Rules
Washington, DC. The EPA will begin
pre-registering speakers for the hearings
on December 17, 2019. The last day to
pre-register to speak at either hearing
will be January 9, 2020, at 5:00 p.m.
(ET). The EPA will not provide
audiovisual equipment for
presentations. Any media presentations
should be submitted to the public
docket at https://www.regulations.gov/,
identified by Docket ID No. EPA–HQ–
OAR–2018–0746. If you require the
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description, please pre-register for the
hearings and describe your needs by
January 9, 2020. We may not be able to
arrange accommodations without
advanced notice. Please refer to the
SUPPLEMENTARY INFORMATION section for
additional information on the public
hearings.
ADDRESSES: The hearing in Houston,
Texas, will be held in the Harris County
Commissioners Courtroom, 1001
Preston Street, Suite 934, Houston,
Texas. The hearing will convene at 9:00
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rulemaking, which includes the
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however, please plan for the hearings to
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68871
Please note that any updates made to
any aspect of the hearings will be posted
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stationary-sources-air-pollution/
miscellaneous-organic-chemicalmanufacturing-national-emission.
While the EPA expects the hearings to
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intend to publish a document in the
Federal Register announcing updates.
Dated: December 12, 2019.
Panagiotis Tsirigotis,
Director, Office of Air Quality Planning and
Standards.
[FR Doc. 2019–27154 Filed 12–16–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 191211–0108; RTID 0648–
XX019]
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; 2020
Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to maintain
Illex squid, longfin squid, and butterfish
specifications for the 2020 fishing year
and maintain the 2019 Atlantic
mackerel ABC for 2020 and adjust the
recreational deduction based on
updated scientific advice. This action is
required to promote the sustainable
utilization and conservation of the
Atlantic mackerel, squid, and butterfish
resources.
DATES: Public comments must be
received by January 16, 2020.
ADDRESSES: Copies of supporting
documents used by the Mid-Atlantic
Fishery Management Council, including
the Environmental Assessments (EA),
the Supplemental Information Report
(SIR), the Regulatory Impact Review
(RIR), and the Regulatory Flexibility Act
(RFA) analysis are available from: Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, 800 North State
Street, Suite 201, Dover, DE 19901,
SUMMARY:
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Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Proposed Rules
telephone (302) 674–2331. The analys is
also accessible via the internet at
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190122.
You may submit comments, identified
by NOAA–NMFS–2019–0122, by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20190122, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
NMFS, Greater Atlantic Regional
Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope ‘‘Comments on
2020 MSB Specifications.’’
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).
FOR FURTHER INFORMATION CONTACT:
Alyson Pitts, Fishery Management
Specialist, (978) 281–9352.
SUPPLEMENTARY INFORMATION:
jbell on DSKJLSW7X2PROD with PROPOSALS
Background
This rule proposes specifications,
which are the combined suite of
commercial and recreational catch
levels established for one or more
fishing years, for Atlantic mackerel, Illex
squid, longfin squid, and butterfish.
Section 302(g)(1)(B) of the MagnusonStevens Fishery Conservation and
Management Act states that the
Scientific and Statistical Committee
(SSC) for each regional fishery
management council shall provide its
Council ongoing scientific advice for
fishery management decisions,
including recommendations for
acceptable biological catch (ABC),
preventing overfishing, ensuring
maximum sustainable yield, and
achieving rebuilding targets. The ABC is
a level of catch that accounts for the
scientific uncertainty in the estimate of
the stock’s defined overfishing level
(OFL).
The regulations implementing the
Atlantic Mackerel, Squid, and Butterfish
Fishery Management Plan (FMP) require
the Mid-Atlantic Fishery Management
Council’s Atlantic Mackerel, Squid, and
Butterfish Monitoring Committee to
develop specification recommendations
for each species based upon the ABC
advice of the Council’s SSC. The FMP
regulations also require the specification
of annual catch limits (ACL) and
accountability measure (AM) provisions
for butterfish and Atlantic mackerel.
Both squid species are exempt from the
ACL/AM requirements because they
have a life cycle of less than one year.
In addition, the regulations require the
specification of domestic annual harvest
(DAH), domestic annual processing
(DAP), the butterfish mortality cap in
the longfin squid fishery, and initial
optimum yield (IOY) for both squid
species.
On August 1, 2019 (84 FR 37778), we
published a final rule in the Federal
Register implementing Illex squid,
longfin squid, and butterfish
specifications for 2019. On October 29,
2019 (84 FR 58053), we published a
final fule in the Federal Register
implementing the Atlantic mackerel
specifications for 2019–2021. The
Council’s SSC met in May 2019, to
reevaluate the 2020 specifications based
upon the latest information. At that
meeting, the SSC concluded that no
adjustments to the Illex squid, longfin
squid, and butterfish specifications were
warranted. However, the the SSC
recommended a change to the Atlantic
mackerel ABC, an update of the
recreational catch, and a modification of
the river herring and shad catch cap.
The Council did not recommend
changes to any other regulations in
place for the Atlantic mackerel, squid,
and butterfish fisheries. Therefore, any
other fishery management measures in
place would remain unchanged for the
2020 fishing year. The Council
submitted its recommendations, as
summarized below, along with the
required analyses, for initial agency
review on September 30, 2019. NMFS
must review the Council’s
recommendations for compliance with
the FMP and applicable law, and
conduct notice-and-comment
rulemaking to propose and implement
the final specifications.
Until new specifications are
implemented, the existing Atlantic
mackerel, Illex squid, longfin squid, and
butterfish specifications, as described
below, will continue to remain in place.
2020 Atlantic Mackerel Specifications
The Atlantic mackerel specifications
for 2019–2021 were developed in May
2018 as part of Framework 13 to the
Atlantic Mackerel Squid, and Butterfish
FMP, by which the 2020 ABC for
Atlantic mackerel was set to increase
from the 2019 level (29,184 mt) (Table
1). The 2020 ABC recommended by the
SSC for Framework 13 was based on
projections that recognized a strong
2015 year class from the 2016
assessment results, which was the most
recent data available for the assessment.
However, at its May 2019 meeting, the
SSC considered preliminary results
from the 2019 Canadian Atlantic
mackerel assessment, which indicated
lower than expected recruitment. The
SSC determined that it would not be
prudent to implement the original
higher 2020 ABC level based on the
preliminary information from the
Canadian assessment and instead,
recommended maintaining the 2019
ABC for 2020 (29,184 mt). There is an
Atlantic mackerel stock assessment
update scheduled for 2020 that will
inform future ABC specifications, so
only a 1-year ABC for 2020 was
recomended.
The Atlantic Mackerel, Squid, and
Butterfish Monitoring Committee met in
May 2019 and recommended changing
the deduction for recreational catch
based on an updated recreational catch
accounting methodology. The
monitoring committee recommended a
new recreational deduction of 1,270 mt
versus the previous 1,209 mt established
in Framework 13. Using this updated
value affects the other Atlantic mackerel
specifications compared to 2019, as
described in Table 1 below, which
compares the implemented 2019
measures with the 2020 measures that
are proposed in this action.
TABLE 1—2019 ATLANTIC MACKEREL SPECIFICATIONS COMPARED TO PROPOSED 2020 SPECIFICATIONS (mt)
Specification
2019
OFL ..........................................................................................................................................................................
ABC ..........................................................................................................................................................................
Canadian Deduction ................................................................................................................................................
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31,764
29,184
10,000
2020
NA
29,184
10,000
Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Proposed Rules
68873
TABLE 1—2019 ATLANTIC MACKEREL SPECIFICATIONS COMPARED TO PROPOSED 2020 SPECIFICATIONS (mt)—Continued
Specification
2019
U.S. ABC .................................................................................................................................................................
Recreational Allocation ............................................................................................................................................
Commerical Allocation .............................................................................................................................................
Management Uncertainty Buffer (3 percent) ...........................................................................................................
Commercial Annual Catch Target ...........................................................................................................................
DAH .........................................................................................................................................................................
River Herring and Shad Catch Cap in
the Atlantic Mackerel Fishery
Consistent with maintaining the
Atlantic mackerel ABC in 2020 as in
2019, this action proposes to maintain
the 2019 river herring and shad catch
cap (129 mt) for 2020. The Council had
previously adopted an increase in the
river herring and shad catch cap to 152
mt for 2020. This action proposes to
eliminate the 89-mt trigger provision
that was implemented in Framework 13.
If the 89 mt trigger was met, a 20,000 lb
(9,071.84 kg) possession limit for
limited access permitholders would be
effective. Eliminating the initial 89 mt
trigger would allow for additional
landings by the Atlantic mackerel
fishery, without compromising the 129mt catch cap, which serves as an
incentive to avoid river herring and
shad.
Longfin Squid Specifications
This action maintains the existing
projected longfin squid ABC of 23,400
mt for 2020, as implemented on March
1, 2018 (83 FR 8764). The background
2020
19,184
1,209
17,975
539
17,436
17,371
19,184
1,270
17,914
537
17,377
17,312
for this ABC is discussed in the
proposed rule to implement the 2018–
2020 squid and butterfish specifications
(December 13, 2017; 82 FR 58583) and
is not repeated here. The IOY, DAH, and
DAP are calculated by deducting an
estimated discard rate (2 percent) from
the ABC (Table 2). This action also
maintains the existing allocation of
longfin squid DAH among trimesters
according to percentages specified in
the FMP (Table 3). The Council will
make recommendations for 2021 and
beyond in 2020.
TABLE 2—2020 LONGFIN SQUID SPECIFICATIONS IN METRIC TONS (mt)
OFL ......................................................................................................................................................................................................
ABC ......................................................................................................................................................................................................
IOY .......................................................................................................................................................................................................
DAH/DAP .............................................................................................................................................................................................
Unknown
23,400
22,932
22,932
TABLE 3—2020 LONGFIN QUOTA TRIMESTER ALLOCATIONS
Trimester
Percent
I (Jan–Apr) ...............................................................................................................................................................
II (May–Aug) ............................................................................................................................................................
III (Sep–Dec) ............................................................................................................................................................
2020 Butterfish Specifications
This action also maintains the
previously approved projected 2020
butterfish specifications outlined in
Table 4, as initially implemented on
March 1, 2018 (83 FR 8764). The
background for these specifications is
discussed in the proposed rule to
implement 2019 squid and butterfish
specifications (December 13, 2017; 82
FR 58583) and is not repeated here. In
summary, the 2020 butterfish
specifications are based on long-term
recruitment estimates and include a 7.5
percent management uncertainty buffer
Metric tons
43
17
40
9,861
3,898
9,173
and an estimated discard rate of 2.4
percent. These specifications maintain
the existing butterfish mortality cap in
the longfin squid fishery (3,884 mt) and
the existing allocation of the butterfish
mortality cap among longfin squid
trimesters (Table 5).
TABLE 4—2020 BUTTERFISH SPECIFICATIONS IN METRIC TONS (mt)
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OFL ......................................................................................................................................................................................................
ACL = ABC ..........................................................................................................................................................................................
Commercial ACT (ABC¥management uncertainty buffers for each year) ........................................................................................
DAH (ACT minus butterfish cap and discards) ...................................................................................................................................
Directed Fishery closure limit (DAH¥1,000 mt incidental landings buffer) ........................................................................................
Butterfish Cap (in the longfin squid fishery) ........................................................................................................................................
39,592
32,063
28,857
23,752
22,752
3,884
TABLE 5—TRIMESTER ALLOCATION OF BUTTERFISH MORTALITY CAP ON THE LONGFIN SQUID FISHERY FOR 2020
Trimester
Percent
I (Jan–Apr) ...............................................................................................................................................................
II (May–Aug) ............................................................................................................................................................
III (Sep–Dec) ............................................................................................................................................................
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Metric tons
43
17
40
1,670
660
1,554
68874
Federal Register / Vol. 84, No. 242 / Tuesday, December 17, 2019 / Proposed Rules
TABLE 5—TRIMESTER ALLOCATION OF BUTTERFISH MORTALITY CAP ON THE LONGFIN SQUID FISHERY FOR 2020—
Continued
Trimester
Percent
Total ..................................................................................................................................................................
2020 Illex Squid Specifications
Table 6, as implemented on August 2,
2019 (84 FR 37778). The background for
these specifications is discussed in the
proposed rule to implement the 2019
Illex squid, longfin squid, and butterfish
This action also maintains the
previously approved 2019 Illex squid
specifications for 2020, outlined in
Metric tons
100
3,844
specifications (May 1, 2019, 84 FR
18471). The Council will set
specifications for 2021 and beyond in
2020.
TABLE 6—PROPOSED 2020 ILLEX SQUID SPECIFICATIONS IN METRIC TONS (mt)
OFL ......................................................................................................................................................................................................
ABC ......................................................................................................................................................................................................
IOY .......................................................................................................................................................................................................
DAH/DAP .............................................................................................................................................................................................
Classification
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Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the Atlantic Mackerel, Squid, and
Butterfish FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This action is exempt from review
under Executive Order 12866. This
proposed rule is not subject to Executive
Order 13771 because this proposed rule
is exempt from Executive Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The purpose, context, and statutory
basis for this action is described above
and not repeated here. Business entities
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affected by this action include vessels
that are issued limited access Atlantic
mackerel, longfin squid, Illex squid, and
butterfish permits. Although vessels
issued open access incidental catch
permits for these species are also
potentially affected by this action,
because these vessels land only small
amounts of squid and butterfish and this
action would not revise the amount of
squid and butterfish that these vessels
can land, these entities would not be
affected by this proposed rule.
For purposes of complying with the
Regulatory Flexibility Act, commercial
fishing entities with combined annual
fishery landing receipts less than $11
million are considered to be small
entities (80 FR 81194, December 29,
2015). The changes to existing mackerel
specifications proposed in this action
apply to the vessels that hold limited
access permits for Atlantic mackerel.
There were 126 separate vessels that
held limited access Atlantic mackerel
permits in 2018, owned by 100 entities.
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Unknown
26,000
24,825
24,825
Ninety-three of those are small business
entities, four of which had no revenues.
For the remainder, the average revenue
was $1.6 million in 2018.
Based on recent squid and butterfish
landings, the proposed measures would
not reduce fishing opportunities, change
any entity’s access to these resources, or
impose any costs to affected entities.
Therefore, this action would not reduce
revenues or profit for affected entities
compared to recent levels. Based on the
above justification, the proposed action
is not expected to have a significant
economic impact on a substantial
number of small entities.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 12, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019–27152 Filed 12–16–19; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 84, Number 242 (Tuesday, December 17, 2019)]
[Proposed Rules]
[Pages 68871-68874]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27152]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 191211-0108; RTID 0648-XX019]
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; 2020 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to maintain Illex squid, longfin squid, and
butterfish specifications for the 2020 fishing year and maintain the
2019 Atlantic mackerel ABC for 2020 and adjust the recreational
deduction based on updated scientific advice. This action is required
to promote the sustainable utilization and conservation of the Atlantic
mackerel, squid, and butterfish resources.
DATES: Public comments must be received by January 16, 2020.
ADDRESSES: Copies of supporting documents used by the Mid-Atlantic
Fishery Management Council, including the Environmental Assessments
(EA), the Supplemental Information Report (SIR), the Regulatory Impact
Review (RIR), and the Regulatory Flexibility Act (RFA) analysis are
available from: Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, 800 North State Street, Suite 201,
Dover, DE 19901,
[[Page 68872]]
telephone (302) 674-2331. The analys is also accessible via the
internet at www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0122.
You may submit comments, identified by NOAA-NMFS-2019-0122, by any
of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0122, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope ``Comments on 2020 MSB
Specifications.''
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).
FOR FURTHER INFORMATION CONTACT: Alyson Pitts, Fishery Management
Specialist, (978) 281-9352.
SUPPLEMENTARY INFORMATION:
Background
This rule proposes specifications, which are the combined suite of
commercial and recreational catch levels established for one or more
fishing years, for Atlantic mackerel, Illex squid, longfin squid, and
butterfish. Section 302(g)(1)(B) of the Magnuson-Stevens Fishery
Conservation and Management Act states that the Scientific and
Statistical Committee (SSC) for each regional fishery management
council shall provide its Council ongoing scientific advice for fishery
management decisions, including recommendations for acceptable
biological catch (ABC), preventing overfishing, ensuring maximum
sustainable yield, and achieving rebuilding targets. The ABC is a level
of catch that accounts for the scientific uncertainty in the estimate
of the stock's defined overfishing level (OFL).
The regulations implementing the Atlantic Mackerel, Squid, and
Butterfish Fishery Management Plan (FMP) require the Mid-Atlantic
Fishery Management Council's Atlantic Mackerel, Squid, and Butterfish
Monitoring Committee to develop specification recommendations for each
species based upon the ABC advice of the Council's SSC. The FMP
regulations also require the specification of annual catch limits (ACL)
and accountability measure (AM) provisions for butterfish and Atlantic
mackerel. Both squid species are exempt from the ACL/AM requirements
because they have a life cycle of less than one year. In addition, the
regulations require the specification of domestic annual harvest (DAH),
domestic annual processing (DAP), the butterfish mortality cap in the
longfin squid fishery, and initial optimum yield (IOY) for both squid
species.
On August 1, 2019 (84 FR 37778), we published a final rule in the
Federal Register implementing Illex squid, longfin squid, and
butterfish specifications for 2019. On October 29, 2019 (84 FR 58053),
we published a final fule in the Federal Register implementing the
Atlantic mackerel specifications for 2019-2021. The Council's SSC met
in May 2019, to reevaluate the 2020 specifications based upon the
latest information. At that meeting, the SSC concluded that no
adjustments to the Illex squid, longfin squid, and butterfish
specifications were warranted. However, the the SSC recommended a
change to the Atlantic mackerel ABC, an update of the recreational
catch, and a modification of the river herring and shad catch cap.
The Council did not recommend changes to any other regulations in
place for the Atlantic mackerel, squid, and butterfish fisheries.
Therefore, any other fishery management measures in place would remain
unchanged for the 2020 fishing year. The Council submitted its
recommendations, as summarized below, along with the required analyses,
for initial agency review on September 30, 2019. NMFS must review the
Council's recommendations for compliance with the FMP and applicable
law, and conduct notice-and-comment rulemaking to propose and implement
the final specifications.
Until new specifications are implemented, the existing Atlantic
mackerel, Illex squid, longfin squid, and butterfish specifications, as
described below, will continue to remain in place.
2020 Atlantic Mackerel Specifications
The Atlantic mackerel specifications for 2019-2021 were developed
in May 2018 as part of Framework 13 to the Atlantic Mackerel Squid, and
Butterfish FMP, by which the 2020 ABC for Atlantic mackerel was set to
increase from the 2019 level (29,184 mt) (Table 1). The 2020 ABC
recommended by the SSC for Framework 13 was based on projections that
recognized a strong 2015 year class from the 2016 assessment results,
which was the most recent data available for the assessment. However,
at its May 2019 meeting, the SSC considered preliminary results from
the 2019 Canadian Atlantic mackerel assessment, which indicated lower
than expected recruitment. The SSC determined that it would not be
prudent to implement the original higher 2020 ABC level based on the
preliminary information from the Canadian assessment and instead,
recommended maintaining the 2019 ABC for 2020 (29,184 mt). There is an
Atlantic mackerel stock assessment update scheduled for 2020 that will
inform future ABC specifications, so only a 1-year ABC for 2020 was
recomended.
The Atlantic Mackerel, Squid, and Butterfish Monitoring Committee
met in May 2019 and recommended changing the deduction for recreational
catch based on an updated recreational catch accounting methodology.
The monitoring committee recommended a new recreational deduction of
1,270 mt versus the previous 1,209 mt established in Framework 13.
Using this updated value affects the other Atlantic mackerel
specifications compared to 2019, as described in Table 1 below, which
compares the implemented 2019 measures with the 2020 measures that are
proposed in this action.
Table 1--2019 Atlantic Mackerel Specifications Compared to Proposed 2020
Specifications (mt)
------------------------------------------------------------------------
Specification 2019 2020
------------------------------------------------------------------------
OFL..................................... 31,764 NA
ABC..................................... 29,184 29,184
Canadian Deduction...................... 10,000 10,000
[[Page 68873]]
U.S. ABC................................ 19,184 19,184
Recreational Allocation................. 1,209 1,270
Commerical Allocation................... 17,975 17,914
Management Uncertainty Buffer (3 539 537
percent)...............................
Commercial Annual Catch Target.......... 17,436 17,377
DAH..................................... 17,371 17,312
------------------------------------------------------------------------
River Herring and Shad Catch Cap in the Atlantic Mackerel Fishery
Consistent with maintaining the Atlantic mackerel ABC in 2020 as in
2019, this action proposes to maintain the 2019 river herring and shad
catch cap (129 mt) for 2020. The Council had previously adopted an
increase in the river herring and shad catch cap to 152 mt for 2020.
This action proposes to eliminate the 89-mt trigger provision that was
implemented in Framework 13. If the 89 mt trigger was met, a 20,000 lb
(9,071.84 kg) possession limit for limited access permitholders would
be effective. Eliminating the initial 89 mt trigger would allow for
additional landings by the Atlantic mackerel fishery, without
compromising the 129-mt catch cap, which serves as an incentive to
avoid river herring and shad.
Longfin Squid Specifications
This action maintains the existing projected longfin squid ABC of
23,400 mt for 2020, as implemented on March 1, 2018 (83 FR 8764). The
background for this ABC is discussed in the proposed rule to implement
the 2018-2020 squid and butterfish specifications (December 13, 2017;
82 FR 58583) and is not repeated here. The IOY, DAH, and DAP are
calculated by deducting an estimated discard rate (2 percent) from the
ABC (Table 2). This action also maintains the existing allocation of
longfin squid DAH among trimesters according to percentages specified
in the FMP (Table 3). The Council will make recommendations for 2021
and beyond in 2020.
Table 2--2020 Longfin Squid Specifications in Metric Tons (mt)
------------------------------------------------------------------------
------------------------------------------------------------------------
OFL..................................................... Unknown
ABC..................................................... 23,400
IOY..................................................... 22,932
DAH/DAP................................................. 22,932
------------------------------------------------------------------------
Table 3--2020 Longfin Quota Trimester Allocations
------------------------------------------------------------------------
Trimester Percent Metric tons
------------------------------------------------------------------------
I (Jan-Apr)............................. 43 9,861
II (May-Aug)............................ 17 3,898
III (Sep-Dec)........................... 40 9,173
------------------------------------------------------------------------
2020 Butterfish Specifications
This action also maintains the previously approved projected 2020
butterfish specifications outlined in Table 4, as initially implemented
on March 1, 2018 (83 FR 8764). The background for these specifications
is discussed in the proposed rule to implement 2019 squid and
butterfish specifications (December 13, 2017; 82 FR 58583) and is not
repeated here. In summary, the 2020 butterfish specifications are based
on long-term recruitment estimates and include a 7.5 percent management
uncertainty buffer and an estimated discard rate of 2.4 percent. These
specifications maintain the existing butterfish mortality cap in the
longfin squid fishery (3,884 mt) and the existing allocation of the
butterfish mortality cap among longfin squid trimesters (Table 5).
Table 4--2020 Butterfish Specifications in Metric Tons (mt)
------------------------------------------------------------------------
------------------------------------------------------------------------
OFL..................................................... 39,592
ACL = ABC............................................... 32,063
Commercial ACT (ABC-management uncertainty buffers for 28,857
each year).............................................
DAH (ACT minus butterfish cap and discards)............. 23,752
Directed Fishery closure limit (DAH-1,000 mt incidental 22,752
landings buffer).......................................
Butterfish Cap (in the longfin squid fishery)........... 3,884
------------------------------------------------------------------------
Table 5--Trimester Allocation of Butterfish Mortality Cap on the Longfin
Squid Fishery for 2020
------------------------------------------------------------------------
Trimester Percent Metric tons
------------------------------------------------------------------------
I (Jan-Apr)............................. 43 1,670
II (May-Aug)............................ 17 660
III (Sep-Dec)........................... 40 1,554
-------------------------------
[[Page 68874]]
Total............................... 100 3,844
------------------------------------------------------------------------
2020 Illex Squid Specifications
This action also maintains the previously approved 2019 Illex squid
specifications for 2020, outlined in Table 6, as implemented on August
2, 2019 (84 FR 37778). The background for these specifications is
discussed in the proposed rule to implement the 2019 Illex squid,
longfin squid, and butterfish specifications (May 1, 2019, 84 FR
18471). The Council will set specifications for 2021 and beyond in
2020.
Table 6--Proposed 2020 Illex Squid Specifications in Metric Tons (mt)
------------------------------------------------------------------------
------------------------------------------------------------------------
OFL..................................................... Unknown
ABC..................................................... 26,000
IOY..................................................... 24,825
DAH/DAP................................................. 24,825
------------------------------------------------------------------------
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the Atlantic Mackerel, Squid, and Butterfish FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This action is exempt from review under Executive Order 12866. This
proposed rule is not subject to Executive Order 13771 because this
proposed rule is exempt from Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The purpose, context, and statutory basis for this action is described
above and not repeated here. Business entities affected by this action
include vessels that are issued limited access Atlantic mackerel,
longfin squid, Illex squid, and butterfish permits. Although vessels
issued open access incidental catch permits for these species are also
potentially affected by this action, because these vessels land only
small amounts of squid and butterfish and this action would not revise
the amount of squid and butterfish that these vessels can land, these
entities would not be affected by this proposed rule.
For purposes of complying with the Regulatory Flexibility Act,
commercial fishing entities with combined annual fishery landing
receipts less than $11 million are considered to be small entities (80
FR 81194, December 29, 2015). The changes to existing mackerel
specifications proposed in this action apply to the vessels that hold
limited access permits for Atlantic mackerel. There were 126 separate
vessels that held limited access Atlantic mackerel permits in 2018,
owned by 100 entities. Ninety-three of those are small business
entities, four of which had no revenues. For the remainder, the average
revenue was $1.6 million in 2018.
Based on recent squid and butterfish landings, the proposed
measures would not reduce fishing opportunities, change any entity's
access to these resources, or impose any costs to affected entities.
Therefore, this action would not reduce revenues or profit for affected
entities compared to recent levels. Based on the above justification,
the proposed action is not expected to have a significant economic
impact on a substantial number of small entities.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 12, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019-27152 Filed 12-16-19; 8:45 am]
BILLING CODE 3510-22-P
