Fisheries of the Northeastern United States; Atlantic Mackerel, Squid, and Butterfish Fisheries; Specifications, 38586-38588 [2021-15538]
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lotter on DSK11XQN23PROD with RULES1
38586
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
(ii) Map of Unit 8 is provided at
paragraph (8)(ii) of this entry.
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Family Polygonaceae: Chorizanthe
robusta var. hartwegii (Scotts Valley
spineflower)
(1) * * * The map provided is for
informational purposes only.
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Family Polygonaceae: Chorizanthe
robusta var. robusta (robust
spineflower)
(1) * * * The maps provided are for
informational purposes only.
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Family Polygonaceae: Eriogonum
gypsophilum (gypsum wild buckwheat)
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NOTE: The map provided is for
informational purposes only. Map
follows:
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Family Polygonaceae: Eriogonum
kennedyi var. austromontanum
(Southern mountain wild-buckwheat)
(1) * * * The maps provided are for
informational purposes only.
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Family Polygonaceae: Eriogonum
ovalifolium var. vineum (Cushenbury
buckwheat)
(1) Critical habitat units are depicted
for San Bernardino County, California,
on the map below. The map provided is
for informational purposes only.
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Family Polygonaceae: Eriogonum
pelinophilum (clay-loving wildbuckwheat)
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NOTE: The map provided is for
informational purposes only. Map
follows:
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Family Polygonaceae: Oxytheca
parishii var. goodmaniana (Cushenbury
oxytheca)
(1) Critical habitat units are depicted
for San Bernardino County, California,
on the map below. The map provided is
for informational purposes only.
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Family Polygonaceae: Polygonum
hickmanii (Scotts Valley polygonum)
(1) * * * The map provided is for
informational purposes only.
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Family Ranunculaceae: Delphinium
bakeri (Baker’s larkspur)
(1) * * * The maps provided are for
informational purposes only.
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Family Ranunculaceae: Delphinium
luteum (yellow larkspur)
(1) * * * The maps provided are for
informational purposes only.
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Jkt 253001
Family Rosaceae: Invesia kingii var.
eremica (Ash Meadows invesia)
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informational purposes only. Map
follows:
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Family Scrophulariaceae: Castilleja
campestris ssp. succulenta (fleshy
owl’s-clover)
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Family Sterculiaceae:
Fremontodendron mexicanum (Mexican
flannelbush)
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(ii) Map of Subunits 1A and 1B
follows:
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Family Themidaceae: Brodiaea
filifolia (thread-leaved brodiaea)
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(i) Unit 12 excludes land bounded by
the following UTM NAD83 coordinates
(E, N):
(A) 485555, 3652857; 485555,
3652822; 485572, 3652827; 485610,
3652827; 485613, 3652829; 485651,
3652882; 485667, 3652882; 485667,
3652899; 485556, 3652899; 485555,
3652857; and
(B) 485629, 3652710; 485749,
3652710; 485749, 3652807; 485746,
3652807; 485745, 3652820; 485744,
3652822; 485723, 3652822; 485717,
3652810; 485708, 3652806; 485690,
3652791; 485679, 3652788; 485671,
3652784; 485670, 3652780; 485665,
3652765; 485663, 3652761; 485649,
3652754; 485648, 3652750; 485635,
3652718; 485629, 3652710.
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Martha Williams,
Principal Deputy Director, Exercising the
Delegated Authority of the Director, U.S. Fish
and Wildlife Service.
[FR Doc. 2021–15045 Filed 7–21–21; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 210716–0148]
RIN 0648–BK59
Fisheries of the Northeastern United
States; Atlantic Mackerel, Squid, and
Butterfish Fisheries; Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
PO 00000
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Fmt 4700
Sfmt 4700
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
NMFS sets new 2021 and
projected specifications for fishing year
2022 butterfish and Illex squid, while
maintaining the current longfin squid
and Atlantic mackerel specifications for
2021 and projected for 2022–2023. This
action also adjusts the dealer reporting
requirement and adjusts the closure
threshold for the Illex squid fishery to
avoid overages. This action is required
to ensure that specifications for these
fisheries is based on the best scientific
information available. These
specifications are intended to promote
the sustainable utilization and
conservation of the mackerel, squid, and
butterfish resources. Additionally, this
action reaffirms previously approved
Atlantic chub mackerel specifications
for 2021–2022.
DATES: Effective July 22, 2021.
ADDRESSES: Copies of supporting
documents used by the Mid-Atlantic
Fishery Management Council, including
the Environmental Assessment (EA), the
Regulatory Impact Review (RIR), and the
Regulatory Flexibility Act (RFA)
analysis are available on the MidAtlantic Fishery Management Council’s
website, or from: Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic
Fishery Management Council, 800 North
State Street, Suite 201, Dover, DE 19901,
telephone (302) 674–2331.
FOR FURTHER INFORMATION CONTACT: Aly
Pitts, Fishery Management Specialist,
(978) 281–9352.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The regulations implementing the
Mackerel, Squid, and Butterfish Fishery
Management Plan (FMP) require the
Mid-Atlantic Fishery Management
Council’s Mackerel, Squid, and
Butterfish Monitoring Committee to
develop specification recommendations
for each species based upon the
acceptable biological catch (ABC) advice
of the Council’s Scientific and
Statistical Committee (SSC). The FMP
regulations also require the specification
of annual catch limits (ACL) and
accountability measure (AM) provisions
for butterfish. Both squid species are
exempt from the ACL/AM requirements
because they have a life cycle of less
than one year. The regulations for squid
require the specification of domestic
annual harvest (DAH), the butterfish
mortality cap in the longfin squid
fishery, and initial optimum yield (IOY)
for both squid species.
E:\FR\FM\22JYR1.SGM
22JYR1
38587
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
On May 26, 2021 (86 FR 28323), we
published a proposed rule in the
Federal Register seeking public
comment on setting new 2021 and
projected specifications for fishing year
2022 butterfish and Illex squid, while
maintaining the current longfin squid
and Atlantic mackerel specifications for
2021 and projected for 2022–2023, in
addition to adjusting the dealer
reporting requirement and adjusts the
closure threshold for the Illex squid
fishery to avoid overages. The proposed
rule for this action included additional
background on specifications and the
details of how the Council derived its
recommended specifications for
Atlantic mackerel, Illex squid, longfin
squid, and butterfish. Those details are
not repeated here. For additional
information, please refer to the
proposed rule for this action.
Following the publication of the
proposed rule, the Council requested
that we increase the Illex squid 2021–
2022 ABC from 30,000 mt ABC to
33,000 mt, as recommended by the SSC.
At its May 2021 meeting, the SSC
recommended this revised ABC based
on updated information, including
patterns that suggest an increase in
abundance, low levels of exploitation,
and catches that have been constrained
by existing ABCs for the last 4 years.
The SSC is confident that the Illex stock
is at a high level of abundance and
experiencing a low exploitation rate.
This increase was within the range of
alternatives considered and analyzed in
the EA for this action, and the public
had the opportunity to comment on this
increase at the May 2021 Monitoring
Committee meeting, the May 2021 SSC
meeting, and the June 2021 Council
meeting.
specifications once the final report and
results are available.
TABLE 1—ATLANTIC MACKEREL FINAL
2021 AND PROJECTED 2022 SPECIFICATIONS
Specification
Overfishing Limit (OFL) ........
ABC ......................................
Canadian Deduction .............
U.S. ABC ..............................
Recreational Allocation .........
Commerical Allocation ..........
Management Uncertainty
Buffer (3 percent) ..............
Commercial Annual Catch
Target ................................
DAH ......................................
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Jkt 253001
537
17,377
17,312
This action maintains the 2020
longfin squid ABC of 23,400 mt for
2021–2022. The background for this
ABC is discussed in the proposed rule
to implement the 2018–2020 squid and
butterfish specifications (82 FR 58583;
December 13, 2017) and is not repeated
here. The IOY, DAH, and domestic
annual processing (DAP) are calculated
by deducting an estimated discard rate
(2.0 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 review these specifications
during its annual specifications process
following annual data updates each
spring, and may change its
recommendation for 2022 if new
information is available.
TABLE 4—BUTTERFISH FINAL 2021
AND PROJECTED 2022 SPECIFICATIONS IN METRIC TONS
Specification
OFL ...........................
ABC ..........................
ACT ...........................
Assumed discards ....
Total discards ...........
Butterfish cap in
longfin fishery ........
DAH ..........................
Metric tons
OFL ......................................
ABC ......................................
IOY .......................................
DAH/DAP .............................
2021
2022
22,053
11,993
11,393
637
5,043
24, 341
17,854
16,961
637
5,466
3,884
6,350
3,884
11,495
TABLE 5—2021 TRIMESTER ALLOCATION OF BUTTERFISH MORTALITY
CAP ON THE LONGFIN SQUID FISHERY
Trimester
TABLE 2—LONGFIN SQUID FINAL 2021
AND PROJECTED 2022 SPECIFICATIONS
Specification
The original 2021 Atlantic mackerel
ABC recommended by the SSC for
Framework 13 (84 FR 58053; October
30, 2019) was based on projections that
recognized a strong 2015 year class in
the assessment results. At its July 2020
meeting, the SSC considered
preliminary results from the 2019
Canadian Atlantic mackerel assessment,
which indicated lower than expected
recruitment. As a result, the SSC
recommended maintaining the more
conservative 2020 ABC for 2021. This
action maintains the 2020 mackerel
specifications outlined in Table 1 for
2021. These specifications also maintain
the 129-mt river herring and shad catch
cap. There was an Atlantic mackerel
management track assessment June 2021
that will inform future ABC
15:56 Jul 21, 2021
NA
29,184
10,000
19,184
1,270
17,914
2021–2022 Longfin Squid Specifications
2021–2022 Atlantic Mackerel
Specifications
VerDate Sep<11>2014
2021–2022
reduction from 2020. The 2020
butterfish management track assessment
found butterfish to be not overfished
with no overfishing occurring in 2019,
but if the full ABC had been caught,
projections suggest overfishing would
have occurred and the stock would have
become overfished. While butterfish
recruitment is variable, it has been
declining since 1999 with historically
low recruitment in recent years. The
2021–2022 butterfish specifications use
the Council’s risk policy at the time and
the SSC’s assignment of a 100-percent
coefficient of variation to the projected
OFL. These specifications maintain the
existing butterfish mortality cap in the
longfin squid fishery of 3,884 mt and
the existing allocation of the butterfish
mortality cap among longfin squid
trimesters (Table 5).
Percent
Metric
tons
I (Jan–Apr) ................
II (May–Aug) .............
III (Sep–Dec) ............
43
17
40
1,670
660
1,554
Total ...................
100
3,844
Unknown.
23,400.
22,932.
22,932.
2021–2022 Illex Squid Specifications
Consistent with the Council’s June
2021 recommendation, NMFS adjusts
TABLE 3—LONGFIN QUOTA TRIMESTER the 2021 Illex squid ABC from 30,000
ALLOCATIONS FINAL 2021 AND PRO- mt to 33,000 mt. Based on the SSC’s
recommendation, the Council
JECTED 2022 SPECIFICATIONS
recommended that the ABC be reduced
by the discard rate of 4.61 percent, a
Metric
Trimester
Percent
change from the status quo discard rate
tons
of 4.52 percent, due to updated data that
I (Jan–Apr) ................
43
9,861 will be used in the 2022 Illex Squid
II (May–Aug) .............
17
3,898 Research Track Assessment. Using the
III (Sep–Dec) ............
40
9,173
updated discard rate results in a 2021–
2022 IOY, DAH, and DAP of 31,478 mt
2021–2022 Butterfish Specifications
(Table 6). The Council will review this
This action sets the 2021–2022
decision during its annual specifications
butterfish specifications as outlined in
process following annual data updates
Table 4, which are a 72-percent
each spring, and may change its
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22JYR1
38588
Federal Register / Vol. 86, No. 138 / Thursday, July 22, 2021 / Rules and Regulations
management at its meeting in August
2021, following the updated
management track assessment and the
July SSC meeting.
recommendations for 2022 if new
information is available.
TABLE 6—ILLEX SQUID FINAL 2021
AND PROJECTED 2022 SPECIFICA- Classification
TIONS IN METRIC TON
OFL .......................................
ABC ......................................
IOY ........................................
DAH/DAP ..............................
Unknown
33,000
31,478
31,478
Illex Squid In-Season Management
Measures
This action modifies the current
weekly reporting for commercial dealers
after July 15 to a 48-hour reporting
requirement for accurate landings
monitoring during the fishing season.
This action also modifies the closure
threshold from 95 percent to 94 percent.
Both measures are designed to help
avoid quota overages, which occurred in
2018 and 2019.
Reaffirmation of 2021–2022 Atlantic
Chub Mackerel Specifications
Amendment 21 to the FMP previously
implemented chub mackerel
specifications for the 2020–2022 fishing
years. The Council reevaluated these
specifications at its October 2020
meeting and decided to make no
adjustments for the 2021–2022 fishing
years. This action reaffirms the
previously implemented specifications.
TABLE 7—REAFFIRMED ATLANTIC
CHUB MACKEREL FINAL 2021 AND
PROJECTED 2022 SPECIFICATIONS
SPECIFICATIONS IN METRIC TONS
Specification
2021–2022
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ABC ......................................
Annual Catch Limit (ACL) .....
Annual Catch Target ............
Total Allowable Landings .....
2,300
2,262
2,171
2,041
Comments
We received four comments on the
proposed rule; one comment from the
MAFMC, one from a commercial fishing
industry member, and two from
environmental organizations. The
MAFMC and commercial fishing
industry member recommended we
increase the Illex squid ABC. We are
increasing the Illex squid ABC from
30,000 mt to 33,000 mt in this action
based on updated information
considered by the Council. The two
environmental organizations mentioned
the poor stock status of Atlantic
mackerel in Canada and the actions
Fisheries and Oceans Canada has taken
to manage mackerel. The Council will
be addressing Atlantic mackerel
VerDate Sep<11>2014
15:56 Jul 21, 2021
Jkt 253001
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
Atlantic Mackerel, Squid, and Butterfish
FMP, other provisions of the MagnusonStevens Act, and other applicable law.
There is good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effective date. The start of the fishing
year began on January 1, 2021. This rule
increases the Illex squid ABC and
adjusts the reporting requirements and
in-season closure trigger to avoid
another overage. A delay in
implementing final measures would
prevent the economic benefits from this
rule from being realized and prevent
achieving optimal yield in the summer
fishing season. In addition, this rule
reduces the butterfish ABC below the
current specifications based on a recent
butterfish stock assessment. Past
performance suggests that this will not
limit the fishery as recent landings have
been lower than the reduced ABC, but
there remains a risk of overages with the
fishery operating under the current
higher specifications. Therefore, it is in
the public interest to implement this
final action as soon as possible.
This final rule has been determined to
be not significant for purposes of
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 during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification and no other
information has been obtained that
suggests any other conclusion. As a
result, a regulatory flexibility analysis
was not required and none was
prepared.
This final rule does not contain a
change to a collection of information
requirement for purposes of the
Paperwork Reduction Act of 1995. The
existing collection of information
requirements would continue to apply
under the following OMB Control
Number: 0648–0229.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
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Dated: July 16, 2021.
Carrie Robinson,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.7, add paragraph (f)(1)(ii) to
read as follows:
■
§ 648.7 Recordkeeping and reporting
requirements.
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(f) * * *
(1) * * *
(ii) From July 15 through December
31, dealer or processor reports
documenting Illex squid landings
greater than 10,000 pounds (4.5 mt)
must be received with 48 hours of
landing.
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■ 3. In § 648.24, revise paragraph (a)(2)
to read as follows:
§ 648.24 Fishery closures and
accountability measures.
(a) * * *
(2) Illex. NMFS shall close the
directed Illex fishery in the EEZ when
the Regional Administrator projects that
94 percent of the Illex DAH is harvested.
The closure of the directed fishery shall
be in effect for the remainder of that
fishing period, with incidental catches
allowed as specified at § 648.26.
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[FR Doc. 2021–15538 Filed 7–21–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 210217–0022]
RTID 0648–XB064
Fisheries of the Exclusive Economic
Zone Off Alaska; Kamchatka Flounder
in the Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
E:\FR\FM\22JYR1.SGM
22JYR1
Agencies
[Federal Register Volume 86, Number 138 (Thursday, July 22, 2021)]
[Rules and Regulations]
[Pages 38586-38588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15538]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 210716-0148]
RIN 0648-BK59
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS sets new 2021 and projected specifications for fishing
year 2022 butterfish and Illex squid, while maintaining the current
longfin squid and Atlantic mackerel specifications for 2021 and
projected for 2022-2023. This action also adjusts the dealer reporting
requirement and adjusts the closure threshold for the Illex squid
fishery to avoid overages. This action is required to ensure that
specifications for these fisheries is based on the best scientific
information available. These specifications are intended to promote the
sustainable utilization and conservation of the mackerel, squid, and
butterfish resources. Additionally, this action reaffirms previously
approved Atlantic chub mackerel specifications for 2021-2022.
DATES: Effective July 22, 2021.
ADDRESSES: Copies of supporting documents used by the Mid-Atlantic
Fishery Management Council, including the Environmental Assessment
(EA), the Regulatory Impact Review (RIR), and the Regulatory
Flexibility Act (RFA) analysis are available on the Mid-Atlantic
Fishery Management Council's website, or from: Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic Fishery Management Council, 800
North State Street, Suite 201, Dover, DE 19901, telephone (302) 674-
2331.
FOR FURTHER INFORMATION CONTACT: Aly Pitts, Fishery Management
Specialist, (978) 281-9352.
SUPPLEMENTARY INFORMATION:
Background
The regulations implementing the Mackerel, Squid, and Butterfish
Fishery Management Plan (FMP) require the Mid-Atlantic Fishery
Management Council's Mackerel, Squid, and Butterfish Monitoring
Committee to develop specification recommendations for each species
based upon the acceptable biological catch (ABC) advice of the
Council's Scientific and Statistical Committee (SSC). The FMP
regulations also require the specification of annual catch limits (ACL)
and accountability measure (AM) provisions for butterfish. Both squid
species are exempt from the ACL/AM requirements because they have a
life cycle of less than one year. The regulations for squid require the
specification of domestic annual harvest (DAH), the butterfish
mortality cap in the longfin squid fishery, and initial optimum yield
(IOY) for both squid species.
[[Page 38587]]
On May 26, 2021 (86 FR 28323), we published a proposed rule in the
Federal Register seeking public comment on setting new 2021 and
projected specifications for fishing year 2022 butterfish and Illex
squid, while maintaining the current longfin squid and Atlantic
mackerel specifications for 2021 and projected for 2022-2023, in
addition to adjusting the dealer reporting requirement and adjusts the
closure threshold for the Illex squid fishery to avoid overages. The
proposed rule for this action included additional background on
specifications and the details of how the Council derived its
recommended specifications for Atlantic mackerel, Illex squid, longfin
squid, and butterfish. Those details are not repeated here. For
additional information, please refer to the proposed rule for this
action.
Following the publication of the proposed rule, the Council
requested that we increase the Illex squid 2021-2022 ABC from 30,000 mt
ABC to 33,000 mt, as recommended by the SSC. At its May 2021 meeting,
the SSC recommended this revised ABC based on updated information,
including patterns that suggest an increase in abundance, low levels of
exploitation, and catches that have been constrained by existing ABCs
for the last 4 years. The SSC is confident that the Illex stock is at a
high level of abundance and experiencing a low exploitation rate. This
increase was within the range of alternatives considered and analyzed
in the EA for this action, and the public had the opportunity to
comment on this increase at the May 2021 Monitoring Committee meeting,
the May 2021 SSC meeting, and the June 2021 Council meeting.
2021-2022 Atlantic Mackerel Specifications
The original 2021 Atlantic mackerel ABC recommended by the SSC for
Framework 13 (84 FR 58053; October 30, 2019) was based on projections
that recognized a strong 2015 year class in the assessment results. At
its July 2020 meeting, the SSC considered preliminary results from the
2019 Canadian Atlantic mackerel assessment, which indicated lower than
expected recruitment. As a result, the SSC recommended maintaining the
more conservative 2020 ABC for 2021. This action maintains the 2020
mackerel specifications outlined in Table 1 for 2021. These
specifications also maintain the 129-mt river herring and shad catch
cap. There was an Atlantic mackerel management track assessment June
2021 that will inform future ABC specifications once the final report
and results are available.
Table 1--Atlantic Mackerel Final 2021 and Projected 2022 Specifications
------------------------------------------------------------------------
Specification 2021-2022
------------------------------------------------------------------------
Overfishing Limit (OFL)................................. NA
ABC..................................................... 29,184
Canadian Deduction...................................... 10,000
U.S. ABC................................................ 19,184
Recreational Allocation................................. 1,270
Commerical Allocation................................... 17,914
Management Uncertainty Buffer (3 percent)............... 537
Commercial Annual Catch Target.......................... 17,377
DAH..................................................... 17,312
------------------------------------------------------------------------
2021-2022 Longfin Squid Specifications
This action maintains the 2020 longfin squid ABC of 23,400 mt for
2021-2022. The background for this ABC is discussed in the proposed
rule to implement the 2018-2020 squid and butterfish specifications (82
FR 58583; December 13, 2017) and is not repeated here. The IOY, DAH,
and domestic annual processing (DAP) are calculated by deducting an
estimated discard rate (2.0 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 review these specifications during its annual
specifications process following annual data updates each spring, and
may change its recommendation for 2022 if new information is available.
Table 2--Longfin Squid Final 2021 and Projected 2022 Specifications
------------------------------------------------------------------------
Specification Metric tons
------------------------------------------------------------------------
OFL..................................... Unknown.
ABC..................................... 23,400.
IOY..................................... 22,932.
DAH/DAP................................. 22,932.
------------------------------------------------------------------------
Table 3--Longfin Quota Trimester Allocations Final 2021 and Projected
2022 Specifications
------------------------------------------------------------------------
Metric
Trimester Percent tons
------------------------------------------------------------------------
I (Jan-Apr)....................................... 43 9,861
II (May-Aug)...................................... 17 3,898
III (Sep-Dec)..................................... 40 9,173
------------------------------------------------------------------------
2021-2022 Butterfish Specifications
This action sets the 2021-2022 butterfish specifications as
outlined in Table 4, which are a 72-percent reduction from 2020. The
2020 butterfish management track assessment found butterfish to be not
overfished with no overfishing occurring in 2019, but if the full ABC
had been caught, projections suggest overfishing would have occurred
and the stock would have become overfished. While butterfish
recruitment is variable, it has been declining since 1999 with
historically low recruitment in recent years. The 2021-2022 butterfish
specifications use the Council's risk policy at the time and the SSC's
assignment of a 100-percent coefficient of variation to the projected
OFL. These specifications maintain the existing butterfish mortality
cap in the longfin squid fishery of 3,884 mt and the existing
allocation of the butterfish mortality cap among longfin squid
trimesters (Table 5).
Table 4--Butterfish Final 2021 and Projected 2022 Specifications in
Metric Tons
------------------------------------------------------------------------
Specification 2021 2022
------------------------------------------------------------------------
OFL............................................... 22,053 24, 341
ABC............................................... 11,993 17,854
ACT............................................... 11,393 16,961
Assumed discards.................................. 637 637
Total discards.................................... 5,043 5,466
Butterfish cap in longfin fishery................. 3,884 3,884
DAH............................................... 6,350 11,495
------------------------------------------------------------------------
Table 5--2021 Trimester Allocation of Butterfish Mortality Cap on the
Longfin Squid Fishery
------------------------------------------------------------------------
Metric
Trimester Percent tons
------------------------------------------------------------------------
I (Jan-Apr)....................................... 43 1,670
II (May-Aug)...................................... 17 660
III (Sep-Dec)..................................... 40 1,554
---------------------
Total......................................... 100 3,844
------------------------------------------------------------------------
2021-2022 Illex Squid Specifications
Consistent with the Council's June 2021 recommendation, NMFS
adjusts the 2021 Illex squid ABC from 30,000 mt to 33,000 mt. Based on
the SSC's recommendation, the Council recommended that the ABC be
reduced by the discard rate of 4.61 percent, a change from the status
quo discard rate of 4.52 percent, due to updated data that will be used
in the 2022 Illex Squid Research Track Assessment. Using the updated
discard rate results in a 2021-2022 IOY, DAH, and DAP of 31,478 mt
(Table 6). The Council will review this decision during its annual
specifications process following annual data updates each spring, and
may change its
[[Page 38588]]
recommendations for 2022 if new information is available.
Table 6--Illex Squid Final 2021 and Projected 2022 Specifications in
Metric Ton
------------------------------------------------------------------------
------------------------------------------------------------------------
OFL..................................................... Unknown
ABC..................................................... 33,000
IOY..................................................... 31,478
DAH/DAP................................................. 31,478
------------------------------------------------------------------------
Illex Squid In-Season Management Measures
This action modifies the current weekly reporting for commercial
dealers after July 15 to a 48-hour reporting requirement for accurate
landings monitoring during the fishing season. This action also
modifies the closure threshold from 95 percent to 94 percent. Both
measures are designed to help avoid quota overages, which occurred in
2018 and 2019.
Reaffirmation of 2021-2022 Atlantic Chub Mackerel Specifications
Amendment 21 to the FMP previously implemented chub mackerel
specifications for the 2020-2022 fishing years. The Council reevaluated
these specifications at its October 2020 meeting and decided to make no
adjustments for the 2021-2022 fishing years. This action reaffirms the
previously implemented specifications.
Table 7--Reaffirmed Atlantic Chub Mackerel Final 2021 and Projected 2022
Specifications Specifications in Metric Tons
------------------------------------------------------------------------
Specification 2021-2022
------------------------------------------------------------------------
ABC..................................................... 2,300
Annual Catch Limit (ACL)................................ 2,262
Annual Catch Target..................................... 2,171
Total Allowable Landings................................ 2,041
------------------------------------------------------------------------
Comments
We received four comments on the proposed rule; one comment from
the MAFMC, one from a commercial fishing industry member, and two from
environmental organizations. The MAFMC and commercial fishing industry
member recommended we increase the Illex squid ABC. We are increasing
the Illex squid ABC from 30,000 mt to 33,000 mt in this action based on
updated information considered by the Council. The two environmental
organizations mentioned the poor stock status of Atlantic mackerel in
Canada and the actions Fisheries and Oceans Canada has taken to manage
mackerel. The Council will be addressing Atlantic mackerel management
at its meeting in August 2021, following the updated management track
assessment and the July SSC meeting.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the Atlantic Mackerel, Squid, and Butterfish FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date. The start of the fishing year began on January
1, 2021. This rule increases the Illex squid ABC and adjusts the
reporting requirements and in-season closure trigger to avoid another
overage. A delay in implementing final measures would prevent the
economic benefits from this rule from being realized and prevent
achieving optimal yield in the summer fishing season. In addition, this
rule reduces the butterfish ABC below the current specifications based
on a recent butterfish stock assessment. Past performance suggests that
this will not limit the fishery as recent landings have been lower than
the reduced ABC, but there remains a risk of overages with the fishery
operating under the current higher specifications. Therefore, it is in
the public interest to implement this final action as soon as possible.
This final rule has been determined to be not significant for
purposes of 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 during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification and no other information has been obtained
that suggests any other conclusion. As a result, a regulatory
flexibility analysis was not required and none was prepared.
This final rule does not contain a change to a collection of
information requirement for purposes of the Paperwork Reduction Act of
1995. The existing collection of information requirements would
continue to apply under the following OMB Control Number: 0648-0229.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: July 16, 2021.
Carrie Robinson,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.7, add paragraph (f)(1)(ii) to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(f) * * *
(1) * * *
(ii) From July 15 through December 31, dealer or processor reports
documenting Illex squid landings greater than 10,000 pounds (4.5 mt)
must be received with 48 hours of landing.
* * * * *
0
3. In Sec. 648.24, revise paragraph (a)(2) to read as follows:
Sec. 648.24 Fishery closures and accountability measures.
(a) * * *
(2) Illex. NMFS shall close the directed Illex fishery in the EEZ
when the Regional Administrator projects that 94 percent of the Illex
DAH is harvested. The closure of the directed fishery shall be in
effect for the remainder of that fishing period, with incidental
catches allowed as specified at Sec. 648.26.
* * * * *
[FR Doc. 2021-15538 Filed 7-21-21; 8:45 am]
BILLING CODE 3510-22-P