Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Amendment 23 to the Mackerel, Squid, and Butterfish Fishery Management Plan, 66120-66124 [2022-23751]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 211 (Wednesday, November 2, 2022)]
[Proposed Rules]
[Pages 66120-66124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23751]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 221026-0226]
RIN 0648-BL75


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Amendment 23 
to the Mackerel, Squid, and Butterfish Fishery Management Plan

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

ACTION: Proposed rule; request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS proposes regulations to implement Amendment 23 to the 
Mackerel, Squid, and Butterfish Fishery Management Plan. Amendment 23 
was developed by the Mid-Atlantic Fishery Management Council to 
establish a revised Atlantic mackerel rebuilding plan, set the 2023 
Atlantic mackerel specifications and a river herring and shad catch cap 
for the Atlantic mackerel fishery, establish a recreational possession 
limit, and modify in-season closure measures. This action is necessary 
to prevent overfishing and rebuild the Atlantic mackerel stock based on 
a 2021 management track assessment that found the Atlantic mackerel 
stock remains overfished and subject to overfishing. The intended 
effect of this rule is to sustainably manage the Atlantic mackerel 
fishery and achieve optimum yield on a continuing basis.

DATES: Public comments must be received by January 3, 2023.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0098, by the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter NOAA-NMFS-2022-0098 in the Search box. Click 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 Mid-Atlantic Fishery Management Council prepared a draft 
environmental assessment (EA) for Amendment 23 that describes the 
proposed action and other alternatives considered and provides a 
thorough analysis of the impacts of the proposed action and 
alternatives considered. Copies of Amendment 23, including the draft EA 
and the preliminary Regulatory Impact Review, and the Regulatory 
Flexibility Act analysis, are available from: Christopher Moore, 
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 
800 State Street, Dover, DE 19901. The EA and associated analysis is 
accessible via the internet at https://www.mafmc.org/s/Mack-Rebuild-2-2022-08-19-sub.pdf.

FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Policy Analyst, 
(978) 281-9150.

SUPPLEMENTARY INFORMATION:

Background

    The Atlantic mackerel fishery is managed under the Mackerel, Squid, 
and Butterfish Fishery Management Plan (FMP) through an annual quota, 
possession limits, and a catch cap for bycatch of river herring and 
shad. In-season accountability measures (AM), including closures of the 
fishery through possession limit reductions, help ensure catch does not 
exceed the Atlantic mackerel annual catch limit (ACL) or the river 
herring and shad catch cap. Reactive AMs require a pound-for-pound 
payback the following year if landings exceed the Atlantic mackerel 
ACL.
    Current regulations require the Council's Mackerel, Squid, and 
Butterfish Monitoring Committee to develop specification 
recommendations based upon the acceptable biological catch (ABC) advice 
of the Council's Scientific and Statistical Committee (SSC). 
Specifications are the combined suite of commercial and recreational 
catch levels and management measures necessary to prevent such catch 
levels from being exceeded. As part of this process, the Council sets 
the ACL, domestic annual harvest (DAH), domestic annual processing, 
total allowable level of foreign fishing, joint venture processing, and 
commercial and recreational annual catch targets (ACT) for up to three 
years. These specifications are reviewed annually, and may be revised 
by the Council based on updated information.
    Atlantic mackerel recruitment has been declining since 1999 and has 
been below the long-term average since 2009. On November 29, 2019 (84 
FR 58053), as requested by the Council, NMFS implemented a 5-year 
Atlantic mackerel rebuilding plan. A July 2021 Atlantic mackerel 
management track assessment concluded that the Atlantic mackerel stock 
remained overfished and subject to overfishing. This management track 
assessment also determined that due to previous assumptions about 
potential recruitment that did not come to fruition, the original 
rebuilding no longer provided a realistic rebuilding approach. Stock 
biomass is estimated to have nearly tripled in size from 2014 to 2019 
(from approximately 8 percent to 24 percent of rebuilt), but full 
rebuilding on the original schedule, by 2023, now appears impossible. 
The stock is expected to be less than half rebuilt by 2023. The final 
assessment summary report is available on the Northeast Fisheries 
Science Center (NEFSC) website (www.nefsc.noaa.gov/saw/reports.html).
    In response to the 2021 Atlantic mackerel management track 
assessment, the SSC recommended that measures be implemented to 
eliminate or minimize additional catch to reduce the potential 
biological impacts of catch levels while the Council developed a 
revised Atlantic mackerel rebuilding plan. On January 12, 2022 (87 FR 
1700), NMFS published an interim rule that reduced the 2022 DAH of 
Atlantic mackerel from 17,312 mt to 4,963 mt in order to limit U.S. 
commercial catch to approximately the levels realized during 2021. 
These interim measures were extended on July 6, 2022 (87 FR 40139), to 
remain effective for the entire 2022 Atlantic mackerel fishing year and 
will expire on January 13, 2023.

[[Page 66121]]

    In response to the 2021 Atlantic mackerel management track 
assessment, the Council developed Amendment 23 to revise the Atlantic 
mackerel rebuilding plan that would prevent overfishing and rebuild the 
stock, as required by section 303 of the Magnuson-Stevens Fishery 
Conservation and Management Act. At its June 2022 meeting, the Council 
recommended to establish a 10-year Atlantic mackerel rebuilding plan 
and the 2023 Atlantic mackerel specifications through Amendment 23. On 
August 19, 2022, the Council submitted the amendment and draft EA to 
NMFS for preliminary review. The Council reviewed the proposed 
regulations in this rule, as drafted by NMFS, and deemed them to be 
necessary and appropriate, as specified in section 303(c) of the 
Magnuson-Stevens Act. This action also includes 2023 Atlantic mackerel 
specifications based on the proposed rebuilding plan including a 
modified fishery closure approach, a status quo river herring and shad 
catch cap, and a new recreational possession limit, as described 
further below.

Proposed Measures

    Under the Magnuson-Stevens Act, NMFS is required to publish 
proposed rules for public comment after preliminarily determining 
whether they are consistent with applicable law. When a Council 
approves and then transmits a fishery management plan or amendment to 
NMFS, a notice of availability announcing a 60-day comment period is 
published in the Federal Register (87 FR 64430). Within 30 days of the 
end of the comment period, NMFS must approve, disapprove, or partially 
approve the plan or amendment based on consistency with law. We are 
seeking comments on the Council's proposed measures in Amendment 23, as 
described below, and whether they are consistent with the Mackerel, 
Squid, and Butterfish FMP, the Magnuson-Stevens Act and its National 
Standards, and other applicable law.

1. Atlantic Mackerel Rebuilding Plan

    For stocks that are overfished, section 304(e)(4) the Magnuson-
Stevens Act requires that a rebuilding program shall be as short as 
possible, taking into account the status and biology of any overfished 
stocks, the needs of fishing communities, and the interaction of the 
overfished stock within the marine ecosystem. The Magnuson-Stevens Act 
also requires the Council to develop measures for a rebuilding plan as 
soon as possible and the rebuilding plan must rebuild the stock within 
10 years. In this action, the Council considered five rebuilding 
alternatives that made a variety of recruitment assumptions and used 
different fishing mortality rates as risk buffers that resulted in a 
range of probability (52 percent to 62 percent) of the stock being 
rebuilt in 10 years. The Council proposed an alternative that assumes 
that recruitment starts low (similar to recruitment from 2009 to 
present) and then increases toward long-term typical recruitment as the 
stock rebuilds. This alternative also assumes a fishing mortality rate 
of 0.12, which is predicted to have a 61 percent probability of 
rebuilding the Atlantic mackerel stock in 10 years. This proposed 
action sets the overall rebuilding plan and the 2023 ABC specified in 
Table 1. The other ABCs provided in Table 1 are projections that will 
be revisited during future specification setting. A new stock 
assessment in 2023 will inform the quotas set beyond 2023.

 Table 1--Projected Atlantic Mackerel ABC and Stock Biomass for Proposed
                         Rebuilding Alternative
------------------------------------------------------------------------
                                                        Catch    Biomass
                                                        (mt)      (mt)
------------------------------------------------------------------------
2023................................................     8,094    80,745
2024................................................     9,274    91,738
2025................................................    10,540   103,756
2026................................................    11,906   116,857
2027................................................    13,408   131,291
2028................................................    15,004   146,553
2029................................................    16,631   162,239
2030................................................    18,261   177,731
2031................................................    19,814   192,045
2032................................................    21,215   204,796
------------------------------------------------------------------------

    While less or zero catch would rebuild the Atlantic mackerel stock 
faster, the Council recommended the rebuilding plan alternative that 
was as short a time as possible given the stock's status, biology, 
needs of fishing communities, and the interaction of the stock within 
the marine ecosystem. This proposed rebuilding alternative and 
associated 2023 ABC would set a quota 41-percent less than the 2019-
2021 average landings of 6,187 mt with an associated $3.62 million 
average ex-vessel revenue. However, given the relatively few vessels 
participating in the Atlantic mackerel fishery in recent years, the 
relatively low landings, and the small reduction in quota from recent 
landings, the impacts would be slightly negative in the short term. 
However, from a long-term perspective, a rebuilt Atlantic mackerel 
stock could return about $7.1 million annually to the Atlantic mackerel 
fishery.

2. Atlantic Mackerel Specifications

    Based on the Council's recommendation, NMFS published an interim 
rule (87 FR 1700 (January 12, 2022) and 87 FR 40139 (July 6, 2022)) 
that implemented revised 2022 Atlantic mackerel specifications which 
will expire on January 13, 2023. This interim rule intended to minimize 
additional 2022 catch to reduce the potential biological impacts of 
catch levels while the Council developed this rebuilding plan. The 
original Atlantic 2022 mackerel specifications were established in 2021 
under the original rebuilding plan (86 FR 38586; July 22, 2021), and 
these much higher specifications would roll over into 2023 after 
expiration of the interim rule if Amendment 23 is not approved. If 
approved, Amendment 23 would replace those 2022 roll-over 
specifications that were previously set in 2021. Table 2 presents the 
proposed 2023 Atlantic mackerel specifications. The proposed 2023 
commercial quota would be a 27-percent decrease from the interim 2022 
commercial quota and a 79-percent decrease from the original 2022 
commercial quota set in 2021, which would become effective after the 
interim rule expires on January 13, 2023, if final Amendment 23 
measures are not in place.

         Table 2--Proposed 2023 Atlantic Mackerel Specifications
------------------------------------------------------------------------
 
------------------------------------------------------------------------
ABC/ACL..............................           8,094                  a
Canadian Catch Deduction.............           2,197                  b
Rec Catch Deduction..................           2,143                  c
Commercial Discards..................             115                  d
Commercial Quota.....................           3,639        e = a-b-c-d
Before May 1 First Closure Threshold            2,753          f = e-886
 (-886 mt)...........................
May1/after First Closure Threshold (-           3,196          g = e-443
 443 mt).............................

[[Page 66122]]

 
Final Closure Threshold (-100 mt)....           3,539          h = e-100
------------------------------------------------------------------------

    The Canadian catch deduction is based on recent Canadian landings. 
The 2021 Canadian landings were 4,395 mt. Canada closed its directed 
Atlantic mackerel fishery for 2022 and therefore may have minimal 
landings in 2022. The Council decided to deduct 2,197 mt from the 2023 
ABC, which represents half of the 2021 Canadian landings. The 2,143-mt 
recreational deduction is the 2019-2021 average recreational catch 
minus 17 percent to account for an expected reduction in recreational 
catch due to the proposed recreational possession limit. The 115-mt 
commercial discard deduction is based on the average discard rate from 
2017-2019. There have been no ABC overages in the mackerel fishery, so 
it was determined that a management uncertainty buffer is not necessary 
at this time, and the modified inseason closure measures below are 
expected to effectively manage catch and prevent overages.

3. In-Season Closure Provisions

    To address the lower quota available to the U.S. commercial 
Atlantic mackerel fishery, this action proposes a modified closure 
approach. This modified approach proposes an initial directed fishery 
closure that is dependent on the time of year, and a final directed 
fishery closure that would happen sequentially after an initial 
closure. An initial directed fishery closure would occur before May 1, 
once 886 mt of the commercial quota is remaining, or on or after May 1, 
once 443 mt of the commercial quota is remaining. Only one initial 
closures would occur within a fishing year. If either of these closures 
of the directed mackerel fishery are triggered, the following trip 
limits would be implemented: 40,000 lb (18.14 mt) for Tier 1, 2, or 3 
limited access permits; and 5,000 lb (2.27 mt) for incidental/open 
access permits.
    This action also proposes a final closure threshold when 100 mt of 
the commercial quota is remaining at any point during the fishery year 
following the initial closure thresholds. Once a final closure is 
triggered, all commercial permits would be limited to a 5,000-lb (2.27-
mt) trip limit to minimize any potential quota overages. Finally, this 
action proposes that NMFS would have the discretion not to close the 
fishery in November and December if performance suggests that a quota 
overage is unlikely, which applies to any type of Atlantic mackerel 
closure. This final measure is intended to increase the likelihood that 
optimum yield can be harvested, while still minimizing the likelihood 
of and overage by limiting this authority to November and December at 
the end of the fishing year.

4. Recreational Possession Limit

    Because of the low Atlantic mackerel ABCs needed, at least at the 
beginning of the rebuilding period, a recreational possession limit was 
deemed necessary to ensure recreational catch is reduced to 
commensurate with the reduction in the commercial quota. The Council 
considered alternatives of 10-, 15-, and 20-fish per person 
recreational possession limits. This action proposes the 20-fish per 
person Atlantic mackerel possession limit. The Council preferred this 
alternative to support ongoing rebuilding, while recognizing that 
smaller possession limits could cause substantial economic impact that 
would ripple through tuna and other fisheries that have not dealt with 
a mackerel possession limit to date. A 20-fish limit marks a meaningful 
first step in managing the recreational mackerel fishery for 2023 and 
can be revised in a future specifications action. This proposed 
recreational possession limit would reduce recreational catch by 17 
percent compared to average 2019-2021 recreational catch which is 
expected to assisting achieving a rebuilt stock.
    The Council has been working closely with the states of Maine, New 
Hampshire, and Massachusetts, as the majority of recreational Atlantic 
mackerel catch occurs in these state waters (there has been minimal 
recreational mackerel catch south of Massachusetts in recent years). 
The Council has coordinated with the aforementioned states in the 
development of these recreational measures, and it appears likely that 
these states will mirror this proposed Federal recreational possession 
limit. This coordination is needed in order to achieve the reduction in 
catch necessary.

5. River Herring and Shad Catch Cap

    In 2014, Amendment 14 to the FMP (February 24, 2014; 79 FR 10029) 
implemented a catch cap to manage the bycatch of river herring and shad 
in the Atlantic mackerel fishery. Once this cap is reached in a given 
fishing year, Atlantic mackerel commercial possession limits are 
reduced to 20,000 lb (9.08 mt) for the rest of the year. The catch caps 
are monitored based on river herring and shad bycatch recorded in 
observer and portside sampling data for mackerel trips by limited 
access vessels, or trips in which at least 20,000 lb (9.08 mt) of 
Atlantic mackerel are landed.
    The Council considered three alternatives for the river herring and 
shad catch cap including 129 mt (status quo), 89 mt (median river 
herring and shad catch 2005-2012), and a cap amount that would scale 
with the Atlantic mackerel commercial quota. To continue to manage 
river herring and shad catch in the Atlantic mackerel fishery, this 
action proposes a status quo catch cap of 129 mt. This alternative was 
preferred because lower caps may be impracticable to monitor, and the 
small scale of the Atlantic mackerel fishery at current quotas should 
lead to small incidental catch of river herring and shad regardless of 
the catch cap amount.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this proposed rule is 
consistent with Amendment 23 to the Mackerel, Squid, and Butterfish 
FMP, other provisions of the Magnuson-Stevens Act, and other applicable 
law, subject to further consideration after public comment. In making a 
final determination, NMFS will take into account the data, views, and 
comments received during the comment period.
    This proposed 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 (SBA) that this proposed action, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities. More information on this determination is provided below.
    The Council conducted an evaluation of the potential socioeconomic 
impacts of the proposed measures in conjunction with an environmental 
assessment. This proposed action would affect all vessels that hold any 
for-hire or commercial permits for Atlantic mackerel. Some small 
entities own multiple vessels with Atlantic mackerel permits.

[[Page 66123]]

For-Hire

    In 2021, there were 630 vessels with for-hire permits allowing 
catch of Atlantic mackerel in Federal waters; 315 had revenues that 
classified them as for-hire operations. These 315 permits were owned by 
265 entities, all of which qualified as small businesses under current 
SBA definitions (under $7.5 million to be a for-hire fishing small 
business entity). The preferred rebuilding plan and recreational 
possession limit were chosen considering the impacts on fishing 
businesses, and the Council chose the 20-fish possession limit 
specifically to limit impacts on recreational fishing including for-
hire fishing. The anticipated 17-percent catch reduction expected with 
this proposed possession limit should not have a significant adverse 
impact on a substantial number of small entities to its limited impact.

Commercial

    In 2021, there were 1,535 vessels with commercial Atlantic mackerel 
permits allowing catch of mackerel in Federal waters. Of those vessels, 
1,433 vessels were listed as commercial fishing operations or had no 
revenue in 2021. These 1,433 vessels were owned by 1,037 entities, 
1,026 of which qualified as small businesses under current SBA 
definitions (under $11 million to be a commercial fishing small 
business entity).
    Overall, the 1,026 relevant small commercial entities derived 0.2-
0.3 percent of their revenues from Atlantic mackerel 2019-2022 (annual 
totals). The proposed rebuilding plan would reduce the quota compared 
to 2019-2021 landings, to some degree for a few years, before 
potentially increasing beyond 2019-2021 landings. As a result, this 
action would have some short-term impacts on these entities, but 
because Atlantic mackerel make up such a small proportion of revenues 
the proposed action should not have a significant adverse impact on a 
substantial number of small entities. Also, only 12 individual entities 
had total 2019-2021 Atlantic mackerel revenues that represented at 
least 5 percent of total revenues. Rebuilding Atlantic mackerel to a 
more productive stock size should also help these entities in the long 
run.
    This action would slightly reduce catch compared to 2019-2021 
landings (but would set a quota similar to expected 2022 catch), with 
the goal of creating a more productive stock. The reduction of catch in 
combination with the evidence that Atlantic mackerel is a small 
proportion of total revenues, provides the conclusion that this rule 
affects a substantial number of small entities, but is not expected to 
have a significant economic impact on a substantial number of small 
entities. Therefore, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    There are no new information collection requirements, including 
reporting or recordkeeping requirements, contained in this action.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: October 26, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be 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.  648.14, revise paragraph (g)(1)(ii) and add paragraph 
(g)(1)(iii), and revise paragraph (g)(4) to read as follows:


Sec.  648.14  Prohibitions.

* * * * *
    (g) * * *
    (1) * * *
    (ii) Recreational possession. Take and retain, possess, or land 
Atlantic mackerel in excess of the recreational limits contained in 
Sec.  648.26(a)(3).
    (iii) Transfer and purchase.
    (A) Purchase or otherwise receive for a commercial purpose; other 
than solely for transport on land; Atlantic chub mackerel, Atlantic 
mackerel, Illex squid, longfin squid, or butterfish caught by a vessel 
that has not been issued a Federal Atlantic mackerel, Illex squid, 
longfin squid, or butterfish vessel permit, unless the vessel fishes 
exclusively in state waters.
    (B) Transfer longfin squid, Illex squid, or butterfish within the 
EEZ, unless the vessels participating in the transfer have been issued 
the appropriate LOA from the Regional Administrator along with a valid 
longfin squid, butterfish, or Illex squid moratorium permit and are 
transferring species for which the vessels are permitted, or a valid 
squid/butterfish incidental catch permit.
* * * * *
    (4) Presumption. For purposes of this part, the following 
presumption applies: All Atlantic chub mackerel, Atlantic mackerel, 
Illex squid, longfin squid, or butterfish possessed on a vessel issued 
any permit under Sec.  648.4 are deemed to have been harvested from the 
EEZ, unless the preponderance of all submitted evidence demonstrates 
that such species were purchased for bait or harvested by a vessel 
fishing exclusively in state waters or, for Atlantic chub mackerel, 
outside of the Atlantic Chub Mackerel Management Unit.
* * * * *
0
3. In Sec.  648.21, revise paragraph (c)(2) to read as follows:


Sec.  648.21  Mid-Atlantic Fishery Management Council risk policy.

* * * * *
    (c) * * *
    (2) The SSC may specify higher 2023-2032 ABCs for Atlantic mackerel 
based on FREBUILD instead of the methods outlined in 
paragraph (a) of this section to implement a rebuilding program that 
would rebuild this stock by 2032.
* * * * *
0
4. In Sec.  648.24, revise paragraphs (b)(1)(i) through (iii) to read 
as follows:


Sec.  648.24  Fishery closures and accountability measures.

* * * * *
    (b) * * *
    (1) * * *
    (i) First phase commercial closure.
    (A) Unless otherwise determined in paragraph (b)(1)(iii) of this 
section, NMFS will close the commercial Atlantic mackerel fishery, 
which includes vessels issued an open access or limited access Atlantic 
mackerel permit, including a limited access Tier 3 Atlantic mackerel 
permit, in the EEZ when the Regional Administrator projects before May 
1 that 886 mt of the Atlantic mackerel DAH is remaining. The closure of 
the commercial fishery shall be in effect for the remainder of that 
fishing year, with incidental catches allowed, as specified in Sec.  
648.26.
    (B) Unless otherwise determined in paragraph (b)(1)(iii) of this 
section, NMFS will close the commercial Atlantic mackerel fishery, 
which includes vessels issued an open access or limited access Atlantic 
mackerel permit, including a limited access Tier 3 Atlantic mackerel 
permit, in the EEZ when the Regional Administrator projects on or after 
May 1 that 443 mt of the Atlantic mackerel DAH is remaining. The 
closure of the commercial fishery shall be in effect for the remainder 
of that fishing year, with incidental catches allowed, as specified in 
Sec.  648.26.
    (C) Unless previously closed pursuant to paragraph (b)(1)(i)(A) or 
(b)(1)(i)(B) of

[[Page 66124]]

this section, NMFS will close the Tier 3 commercial Atlantic mackerel 
fishery in the EEZ when the Regional Administrator projects that 90 
percent of the Tier 3 Atlantic mackerel landings cap will be harvested. 
Unless otherwise restricted, the closure of the Tier 3 commercial 
Atlantic mackerel fishery will be in effect for the remainder of that 
fishing period, with incidental catches allowed as specified in Sec.  
648.26.
    (ii) Second phase commercial quota closure. When the Regional 
Administrator projects that 100 mt of the Atlantic mackerel DAH is 
remaining, NMFS will reduce the possession of Atlantic mackerel in the 
EEZ applicable to all commercial Atlantic mackerel permits for the 
remainder of the fishing year as specified in Sec.  
648.26(a)(2)(iii)(A).
    (iii) NMFS has the discretion to not implement measures outlined in 
paragraphs (b)(1)(i)(B) or (b)(1)(ii) of this section during November 
and December if the Regional Administrator projects that commercial 
Atlantic mackerel landings will not exceed the DAH during the remainder 
of the fishing year.
* * * * *
0
5. In Sec.  648.26, revise paragraph (a)(1)(i) introductory text, 
paragraphs (a)(1)(i) through (iv), and paragraph (a)(2), and add 
paragraph (a)(3) to read as follows:


Sec.  648.26  Mackerel, squid, and butterfish possession restrictions.

    (a) * * *
    (1) Initial commercial possession limits. A vessel must be issued a 
valid limited access Atlantic mackerel permit to fish for, possess, or 
land more than 20,000 lb (9.08 mt) of Atlantic mackerel in or harvested 
from the EEZ per trip, provided the fishery has not been closed as 
specified in Sec.  648.24(b)(1).
    (i) A vessel issued a Tier 1 limited access mackerel permit is 
authorized to fish for, possess, or land Atlantic mackerel with no 
possession restriction in or harvested from the EEZ per trip, and may 
only land Atlantic mackerel once on any calendar day, which is defined 
as the 24-hr period beginning at 0001 hours and ending at 2400 hours, 
provided that the fishery has not been closed because of a first phase 
or second phase commercial fishery closure, as specified in Sec.  
648.24(b)(1)(i) or Sec.  648.24(b)(1)(ii).
    (ii) A vessel issued a Tier 2 limited access mackerel permit is 
authorized to fish for, possess, or land up to 135,000 lb (61.23 mt) of 
Atlantic mackerel in or harvested from the EEZ per trip, and may only 
land Atlantic mackerel once on any calendar day, which is defined as 
the 24-hr period beginning at 0001 hours and ending at 2400 hours, 
provided that the fishery has not been closed because of a first phase 
or second phase commercial fishery closure, as specified in Sec.  
648.24(b)(1)(i) or Sec.  648.24(b)(1)(ii).
    (iii) A vessel issued a Tier 3 limited access mackerel permit is 
authorized to fish for, possess, or land up to 100,000 lb (45.36 mt) of 
Atlantic mackerel in or harvested from the EEZ per trip, and may only 
land Atlantic mackerel once on any calendar day, which is defined as 
the 24-hr period beginning at 0001 hours and ending at 2400 hours, 
provided that the fishery has not been closed because of a first phase 
or second phase commercial fishery closure, or 90 percent of the Tier 3 
landings cap has been harvested, as specified in Sec.  648.24(b)(1)(i) 
or Sec.  648.24(b)(1)(ii).
    (iv) A vessel issued an open access Atlantic mackerel permit may 
fish for, possess, or land up to 20,000 lb (9.08 mt) of Atlantic 
mackerel in or harvested from the EEZ per trip, and may only land 
Atlantic mackerel once on any calendar day, which is defined as the 24-
hr period beginning at 0001 hours and ending at 2400 hours, provided 
that the fishery has not been closed because of a first phase or second 
phase commercial fishery closure, as specified in Sec.  648.24(b)(1)(i) 
or Sec.  648.24(b)(1)(ii).
* * * * *
    (2) Atlantic mackerel closure possession restrictions. Any Atlantic 
mackerel possession restrictions implemented under paragraph (a)(2) of 
this section will remain in place for the rest of the fishing year, 
unless further restricted by a subsequent action. If the entire 
commercial Atlantic mackerel fishery is closed due to harvesting the 
river herring/shad catch cap, as specified in Sec.  648.24(b)(6) before 
a first phase or second phase commercial fishery closure, then the 
Atlantic mackerel possession restrictions specified in Sec.  
648.26(a)(2)(iii)(B) shall remain in place for the rest of the fishing 
year unless further reduced by the possession restrictions specified in 
Sec.  648.26(a)(2)(iii)(A).
    (i) Limited Access Fishery.
    (A) During a closure of the commercial Atlantic mackerel fishery 
pursuant to Sec.  648.24(b)(1)(i), when 886 mt of the DAH is remaining 
before May 1 or when 443 mt of the DAH is remaining on or after May 1, 
vessels issued a Tier 1, 2, or 3 limited access Atlantic mackerel 
permit, may not take and retain, possess, or land more than 40,000 lb 
(18.14 mt) of Atlantic mackerel per trip at any time, and may only land 
Atlantic mackerel once on any calendar day, which is defined as the 24-
hr period beginning at 0001 hours and ending at 2400 hours.
    (B) During a closure of the Tier 3 commercial Atlantic mackerel 
fishery pursuant to Sec.  648.24(b)(1)(i)(C), when 90 percent of the 
Tier 3 landings cap is harvested, vessels issued a Tier 3 limited 
access Atlantic mackerel permit may not take and retain, possess, or 
land more than 40,000 lb (18.14 mt) of Atlantic mackerel per trip at 
any time, and may only land Atlantic mackerel once on any calendar day, 
which is defined as the 24-hr period beginning at 0001 hours and ending 
at 2400 hours.
    (ii) Open Access Fishery. During a closure of the Atlantic mackerel 
commercial sector pursuant to Sec.  648.24(b)(1)(i), when 886 mt of the 
DAH is remaining before May or when 443 mt of the DAH is remaining on 
or after May 1, vessels issued an open access Atlantic mackerel permit 
may not take and retain, possess, or land more than 5,000 lb (2.27 mt) 
of Atlantic mackerel per trip at any time, and may only land Atlantic 
mackerel once on any calendar day, which is defined as the 24-hr period 
beginning at 0001 hours and ending at 2400 hours.
    (iii) Entire commercial fishery.
    (A) Commercial quota closure. During a closure of the entire 
commercial Atlantic mackerel fishery pursuant to Sec.  
648.24(b)(1)(ii), when 100 mt of the DAH is remaining, vessels issued 
an open or limited access Atlantic mackerel permit may not take and 
retain, possess, or land more than 5,000 lb (2.27 mt) of Atlantic 
mackerel per trip at any time, and may only land Atlantic mackerel once 
on any calendar day, which is defined as the 24-hr period beginning at 
0001 hours and ending at 2400 hours.
    (B) River herring/shad catch cap closure. During a closure of the 
limited access commercial Atlantic mackerel fishery pursuant to Sec.  
648.24(b)(6), when 95 percent of the river herring/shad catch cap has 
been harvested, vessels issued an open or limited access Atlantic 
mackerel permit may not take and retain, possess, or land more than 
20,000 lb (9.08 mt) of Atlantic mackerel per trip at any time, and may 
only land once on any calendar day, which is defined as the 24-hr 
period beginning at 0001 hours and ending at 2400 hours.
    (3) Recreational possession limits. The recreational Atlantic 
mackerel possession limit for charter/party and private recreational 
anglers is 20 Atlantic mackerel per person per trip, including for-hire 
crew.
* * * * *
[FR Doc. 2022-23751 Filed 11-1-22; 8:45 am]
BILLING CODE 3510-22-P