Fisheries of the Northeastern United States; Illex Squid Fishery; Revised 2020 Illex Squid Specifications, 47102-47103 [2020-16937]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Rules and Regulations]
[Pages 47102-47103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16937]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 200730-0202; RTID 0648-XX062]


Fisheries of the Northeastern United States; Illex Squid Fishery; 
Revised 2020 Illex Squid Specifications

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

ACTION: Temporary final rule.

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SUMMARY: NMFS is increasing the specifications for the 2020 Illex squid 
fishery. This rule is required to ensure that the 2020 specifications 
are based on the best scientific information available. This rule is 
also intended to inform the public of the changes to increase the 
specifications for the remainder of the 2020 fishing year. This action 
will allow Illex squid fishery to benefit from the quota increase and 
achieve optimal yield.

DATES: Effective August 4, 2020, through December 31, 2020.

ADDRESSES: Copies of the revised specifications, including the 
Supplemental Information Report, and other 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 manages the Illex squid 
fishery under the Atlantic Mackerel, Squid, and Butterfish (MSB) 
Fishery Management Plan (FMP). Section 302(g)(1)(B) of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens 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 MSB FMP 
require the Council's MSB Monitoring Committee to develop specification 
recommendations for each species based upon the ABC advice of the 
Council's SSC. The regulations at 50 CFR 648.22(e) allow the Regional 
Administrator, in consultation with the Council, to adjust 
specifications during the fishing year.
    At its May 2020 meeting, the Council's SSC reviewed preliminary 
work by its Illex Squid Working Group and concluded that the species 
continues to be lightly exploited and the fishery footprint is small 
relative to the entire management unit. The SSC recommended increasing 
the 2020 ABC

[[Page 47103]]

from 26,000 mt to 30,000 mt. The Council recommended this specification 
adjustment at its June 2020 meeting.
    On March 1, 2018, we published Illex squid specifications for 2018-
2020 (83 FR 8764), and the National Environmental Policy Act (NEPA) 
analysis for that rule considered a range of ABCs from 18,000-30,000 
mt, and the final rule adopted an ABC of 24,000 mt for 2019 and 
projected the same ABC for 2020. On February 27, 2020, we revised these 
specifications to implement a 26,000 mt ABC (85 FR 11309) for 2020 
based on the SSC's updated recommendation. The revised specifications 
implemented by this temporary final rule increase the 2020 Illex squid 
ABC to 30,000 mt.
    The changes to the initial 2020 Illex squid specifications included 
in this action were analyzed during the development of the original 
2018-2020 specifications. A 30,000 mt ABC was included in the range of 
alternatives. The public had an opportunity to comment on the 30,000 mt 
ABC during the development of the original 2018-2020 Illex 
specifications. These revised specifications will increase the 2020 
commercial quotas by 14 percent by implementing a 28,644-mt domestic 
annual harvest (DAH).

Revised Specifications

    We are implementing the revised 2020 specifications recommended by 
the Council and its SSC. The Council recommended that the status quo 
discard rate of 4.52 percent be reduced from the ABC, which results in 
a DAH amount of 28,644 mt for 2020 that would be maintained for the 
2020 fishing year. Table 1 summarizes the recommended changes to the 
revised 2020 Illex squid specifications. This action makes no changes 
to the current commercial management measures.

         Table 1--2020 Illex Squid Specifications in metric tons
                                  [mt]
------------------------------------------------------------------------
                                        Current            Modified
------------------------------------------------------------------------
OFL.............................  Unknown...........  Unknown.
ABC.............................  26,000............  30,000.
Initial Optimum Yield...........  24,285............  28,644.
DAH.............................  24,285............  28,644.
------------------------------------------------------------------------

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that this temporary final 
rule is consistent with the MSB FMP, the national standards and other 
provisions of the Magnuson-Stevens Act, and other applicable law.
    This final rule is exempt from review under Executive Order 12866.
    This temporary final rule does not duplicate, conflict, or overlap 
with any existing Federal rules.
    This temporary final rule is exempt from the procedures of the 
Regulatory Flexibility Act because the rule is issued without 
opportunity for prior notice and opportunity for public comment.
    The Assistant Administrator for Fisheries, NOAA, finds it is 
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 increases the 2020 specifications (i.e., annual 
catch limits) for the Illex squid fishery based on new information, 
which is allowed pursuant to our regulatory in-season authority at 50 
CFR 648.22(e). Implementing a 30,000-mt ABC was anticipated during 
development and implementation of the original specifications action 
(83 FR 8764, March 1, 2018), as well as at the June 2020 Council 
meeting. Where the public has had an opportunity to review a range of 
specifications that included the amount considered in this action, a 
delay in its effectiveness would not serve any legitimate purpose, 
while unnecessarily disadvantaging fishermen who wish to take advantage 
of the fishing opportunity that this action provides with increased 
quotas. A delay would be contrary to the public interest for this loss 
of potential economic opportunity, and it could also create confusion 
in the Illex squid fishery. This rule is being issued at the earliest 
possible date. We received the Council's Supplemental Information 
Report for this action on June 29, 2020. The revised specifications 
increase the quota and allow this predominantly summer fishery to 
benefit from the quota increase and achieve optimal yield. This rule 
should be effective as soon as possible to fully realize the intended 
benefits to the fishery.
    Additionally, unlike actions that require an adjustment period to 
comply with new rules, Illex squid fishery participants will not be 
required to purchase new equipment or otherwise expend time or money to 
comply with these management measures. Rather, complying with this rule 
simply means adhering to the higher (less restrictive) catch limits set 
for the remainder of the Illex squid fishing year. Fishery stakeholders 
have been involved in the development of this action and are 
anticipating this rule. Therefore, there would be no added benefit to 
delaying the implementation of these specifications. For these reasons, 
a 30-day delay in effectiveness would be contrary to the public 
interest. As a result, we are waiving the requirement.
    For the same reasons, the Assistant Administrator finds good cause 
under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effectiveness and 
these specifications shall be made effective on August 4, 2020.

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

    Dated: July 30, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2020-16937 Filed 8-3-20; 8:45 am]
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