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, 6665-6671 [2023-01959]
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Federal Register / Vol. 88, No. 21 / Wednesday, February 1, 2023 / Rules and Regulations
6665
TABLE 4—ACCOUNTING STATEMENT—CLASSIFICATION OF ESTIMATED TRANSFERS
Discount rate
Category
Period covered
7%
Transfers:
Annualized Monetized Transfers ($ in Millions) ............................................
$410
From Whom to Whom ...................................................................................
We estimate that from 2022 through
2031 this final rule will generate Federal
annualized monetized transfers of $410
million and $433 million, at the 7
percent and 3 percent discount rates
respectively, from MAOs back to the
Medicare Trust Fund.
This final rule is subject to the
Congressional Review Act provisions of
the Small Business Regulatory
Enforcement Fairness Act of 1996 (5
U.S.C. 801 et seq.) and has been
transmitted to the Congress and the
Comptroller General for review.
Chiquita Brooks-LaSure,
Administrator of the Centers for
Medicare & Medicaid Services,
approved this document on January 24,
2023.
List of Subjects in 42 CFR Part 422
Health facilities, Health maintenance
organizations (HMO), Medicare,
Penalties, Privacy Reporting and record
keeping requirements.
For the reasons stated in the
preamble, the Centers for Medicare &
Medicaid Services proposes to amend
42 CFR part 422 as follows:
PART 422—MEDICARE ADVANTAGE
PROGRAM
1. The authority citation for part 422
continues to read as follows:
■
Authority: 42 U.S.C. 1302 and 1395hh.
Subpart G—PAYMENTS TO MEDICARE
ADVANTAGE ORGANIZATIONS
2. Section 422.300 is revised to read
as follows:
■
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§ 422.300
Basis and scope.
This subpart is based on sections
1106, 1128J(d), 1852, 1853, 1854, and
1858 of the Act. It sets forth the
requirements for making payments to
MA organizations offering local and
regional MA policies, including
calculation of MA capitation rates and
benchmarks, conditions under which
payment is based on plan bids,
adjustments to capitation rates
(including risk adjustment), collection
of risk adjustment data, conditions for
use and disclosure of risk adjustment
data, collection of improper payments
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*
*
*
*
*
(e) Validation of risk adjustment data.
MA organizations and their providers
and practitioners are required to submit
a sample of medical records for the
validation of risk adjustment data, as
required by CMS. There may be
penalties for submission of false data.
MA organizations must remit improper
payments based on RADV audits, in a
manner specified by CMS. For RADV
audits, CMS may extrapolate RADV
Contract-Level audit findings for
payment year 2018 and subsequent
payment years.
*
*
*
*
*
■ 4. Section 422.311 is amended by
revising paragraph (a) to read as follows:
§ 422.311 RADV audit dispute and appeal
processes.
(a) Risk adjustment data validation
(RADV) audits. In accordance with
§§ 422.2 and 422.310(e), the Secretary
annually conducts RADV audits to
ensure risk-adjusted payment integrity
and accuracy.
(1) Recovery of improper payments
from MA organizations will be
conducted in accordance with the
Secretary’s payment error extrapolation
and recovery methodologies.
(2) CMS may apply extrapolation to
audits for payment year 2018 and
subsequent payment years.
*
*
*
*
*
Dated: January 26, 2023.
Xavier Becerra,
Secretary, Department of Health and Human
Services.
[FR Doc. 2023–01942 Filed 1–30–23; 4:15 pm]
PO 00000
CYs 2023–2032.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 230126–0026]
Risk adjustment data.
BILLING CODE 4120–01–P
$433
MAOs to Federal Government.
and other payment rules. Section
422.458 specifies the requirements for
risk sharing payments to MA regional
organizations.
■ 3. Section 422.310 is amended by
revising paragraph (e) to read as follows:
§ 422.310
3%
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action implements
approved measures for 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 including 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 that Atlantic mackerel stock
remains overfished and overfishing is
occurring. Amendment 23 is intended to
ensure that Atlantic mackerel are
sustainably managed to achieve
optimum yield on a continuing basis.
Additionally, this action approves the
updated management goals and
objectives of the Mackerel, Squid, and
Butterfish Fishery Management Plan
with the purpose of ensuring that
management continues to reflect and
address the current needs and condition
of the mackerel, squid, and butterfish
fisheries.
SUMMARY:
DATES:
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Effective February 1, 2023.
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Copies of Amendment 23,
including the Environmental
Assessment, the Regulatory Impact
Review, and the Regulatory Flexibility
Act Analysis (EA/RIR/RFAA) prepared
in support of this action are available
from Dr. Christopher M. Moore,
Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201,
800 North State Street, Dover, DE 19901.
The supporting documents are also
accessible via the internet at: https://
www.mafmc.org/s/Mackerel-Rebuilding2_2023-01-10.pdf.
NMFS also prepared a Categorical
Exclusion (CE) for this action in
compliance with the National
Environmental Policy Act, detailing
why part of this action is administrative
in nature and may be categorically
excluded from requirements to prepare
either an Environmental Impact
Statement or EA. Copies of the CE for
this action are available upon request
from NMFS.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, Fishery Policy Analyst, (978)
281–9150.
SUPPLEMENTARY INFORMATION:
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ADDRESSES:
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. Inseason 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 specifications
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, total allowable levels of foreign
fishing, joint venture processing, and
commercial and recreational annual
catch targets (ACT) for up to 3 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
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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. However, using data
through 2019, a July 2021 Atlantic
mackerel management track assessment
concluded that the Atlantic mackerel
stock remained overfished and subject
to overfishing and that because previous
assumptions about potential recruitment
that did not come to fruition, the 2019
rebuilding plan 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 Fishery Science Center
website (https://www.fisheries.
noaa.gov/new-england-mid-atlantic/
population-assessments/fishery-stockassessments-new-england-and-midatlantic).
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 domestic annual harvest (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 expired on
January 13, 2023.
In response to the 2021 Atlantic
mackerel management track assessment,
the Council developed Amendment 23
to revise the Atlantic mackerel
rebuilding plan to prevent overfishing
and rebuild the stock, as required by
section 303 of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act). At its June
2022 meeting, the Council
recommended to establish a 10-year
Atlantic mackerel rebuilding plan and
the 2023 Atlantic mackerel specification
through Amendment 23. On August 19,
2022, the Council submitted the
amendment and draft EA to NMFS for
preliminary review. The Council
reviewed the regulations in this rule, as
drafted by NMFS, and deemed them to
be necessary and appropriate, as
specified in Section 303(c) of the
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Magnuson-Stevens Act. This action also
includes 2023 Atlantic mackerel
specifications based on the Amendment
23 Atlantic mackerel 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.
A notice of availability (NOA) for the
amendment published in the Federal
Register on October 25, 2022 (87 FR
64430), with a comment period ending
on December 27, 2022. We published a
proposed rule in the Federal Register on
November 2, 2022 (87 FR 66120), with
a comment period ending on January 3,
2023.
When a Council approves and then
transmits a fishery management plan or
amendment to NMFS, NMFS publishes
a notice of availability in the Federal
Register announcing a 60-day comment
period. 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. After considering
public comment on the NOA and
proposed rule, we approved
Amendment 23. This final rule
implements the management measures
in Amendment 23. The details of the
development of the measures in
Amendment 23 were described in the
NOA and proposed rule, and are not
repeated here.
This final rule also announces
previously-approved goals and
objectives to the Mackerel, Squid, and
Butterfish FMP that were developed in
Amendment 22 to the FMP. The focus
of Amendment 22 was to revise the
number and type of Illex squid permits
and to update the goals and objectives
of the FMP. An NOA for Amendment 22
was published in the Federal Register
on June 7, 2022 (87 FR 34629). No
proposed rule was published for
Amendment 22 pending a final decision
on the Amendment. On September 6,
2022, NMFS informed the Council that,
in accordance with section 304(a)(3) of
the Magnuson-Stevens Act, while the
management actions of Amendment 22
were disapproved, we would revise the
FMP goals and objectives in a future
rulemaking. These updates to the FMP
do not require associated federal
regulations.
Approved Measures
1. Atlantic Mackerel Rebuilding Plan
This action implements an Atlantic
mackerel rebuilding plan that is
predicted to have a 61-percent
probability of rebuilding the Atlantic
mackerel stock in 10 years. This
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rebuilding plan assumes a fishing
mortality rate of 0.12, and that
recruitment starts low (similar to
recruitment from 2009 to present) and
then increases toward long-term typical
recruitment as the stock rebuilds. Table
1 shows the projected ABCs for the
duration of the rebuilding plan. The
2023 ABC specified in Table 1 is
implemented through this action, but
the other ABCs provided are projections
that will be revisited during future
specification setting. A new stock
assessment in 2023 will inform the
quotas set beyond 2023.
6667
average ex-vessel revenue. However,
TABLE 1—PROJECTED ATLANTIC
MACKEREL ABC AND STOCK BIO- given the relatively few vessels
participating in the Atlantic mackerel
MASS—Continued
Catch
(mt)
2027
2028
2029
2030
2031
2032
......................
......................
......................
......................
......................
......................
Biomass
(mt)
13,408
15,004
16,631
18,261
19,814
21,215
131,291
146,553
162,239
177,731
192,045
204,796
While less or zero catch would
rebuild the Atlantic mackerel stock
faster, the Council recommended a
TABLE 1—PROJECTED ATLANTIC
rebuilding plan that is as short a time as
MACKEREL ABC AND STOCK BIOMASS possible given the stock’s status,
biology, needs of fishing communities,
Catch
Biomass
and the interaction of the stock within
(mt)
(mt)
the marine ecosystem. This rebuilding
2023 ......................
8,094
80,745 alternative and associated 2023 ABC
2024 ......................
9,274
91,738 will set a quota 41-percent lower than
2025 ......................
10,540
103,756 the 2019–2021 average landings of 6,187
2026 ......................
11,906
116,857 mt with an associated $3.62 million
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 above Atlantic mackerel
rebuilding plan, the 2023 ABC is 8,094
mt. The 2023 Atlantic mackerel
specifications include ABC deductions
for expected Canadian catch (2,197 mt),
recreational catch (2,143 mt), and
estimated commercial discards (115 mt)
to set a commercial quota of 3,639 mt
as shown in Table 2. This commercial
quota is a 27-percent decrease from the
interim 2022 commercial quota.
TABLE 2—2023 ATLANTIC MACKEREL SPECIFICATIONS
ABC/ACL .....................................................................................................................................................
Canadian Catch Deduction .........................................................................................................................
Recreational Catch Deduction ....................................................................................................................
Commercial Discards ..................................................................................................................................
Commercial Quota ......................................................................................................................................
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 new 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 in-season 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
8,094 mt .....
2,197 mt .....
2,143 mt .....
115 mt ........
3,639 mt .....
a.
b.
c.
d.
e = a¥b¥c¥d.
mackerel fishery, this action
implements a modified closure
approach. This modified closure
approach includes an initial closure
with different thresholds based on the
time of year, and a final closure when
the fishery is close to harvesting the full
commercial quota (see Table 3). This
action retains the existing measures in
the regulations that provide NMFS with
the discretion to not close the fishery in
November and December if performance
suggests that a quota overage is unlikely.
TABLE 3—ATLANTIC MACKEREL COMMERCIAL FISHERY CLOSURE APPROACH
Unharvested
DAH
remaining
(mt)
Time of year
Initial Closure ....................
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Final Closure ....................
Before May 1 ...................
886
2,753
May 1 or after ..................
443
3,196
Any time of year ..............
100
3,539
4. Recreational Possession Limit
Because of the low Atlantic mackerel
ABCs needed, at least at the beginning
of the rebuilding period, a recreational
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2023 Closure
threshold
amounts
(mt)
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Possession limit adjustments
40,000 lb (18.14 mt) for Tier 1, 2, or 3 limited access permits;
5,000 lb (2.27 mt) for incidental/open access permits.
5,000 lb (2.27 mt) for all federal Atlantic mackerel
permit holders.
possession limit was deemed necessary
to ensure recreational catch is reduced
to commensurate with the reduction in
the commercial quota. This action
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implements a 20-fish per person
Atlantic mackerel possession limit. This
limit applies to all Atlantic mackerel
charter/party permit holders (including
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crew members) and private anglers. The
20-fish recreational possession limit is
estimated to reduce recreational catch
by 17 percent compared to average
2019–2021 recreational catch which is
expected to assist in 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 the Federal
recreational possession limit. This
coordination is needed in order to
achieve the necessary reduction in
catch.
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.
This action implements a river
herring and shad catch cap in the
Atlantic mackerel fishery of 129 mt.
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6. FMP Goals and Objectives
This action announces the previouslyapproved updated and revised goals and
objectives of the Mackerel, Squid, and
Butterfish FMP as follows:
Goal 1: Maintain sustainable
mackerel, squid, and butterfish stocks.
• Objective 1.1: Prevent overfishing
and maintain sustainable biomass levels
that achieve optimum yield in the
mackerel, squid, and butterfish
fisheries.
• Objective 1.2: Consider and, to the
extent practicable, account for the roles
of mackerel, squid, and butterfish
species/fisheries in the ecosystem.
Goal 2: Acknowledging the difficulty
in quantifying all costs and benefits,
achieve the greatest overall net benefit
to the Nation, balancing the needs and
priorities of different user groups and
effects of management on fishing
communities.
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• Objective 2.1: Provide the greatest
degree of freedom and flexibility to
harvesters and processors (including
shoreshide infrastructure) of mackerel,
squid, and butterfish resources
consistent with attainment of the other
objectives of this FMP, including
minimizing additional restrictions.
• Objective 2.2: Allow opportunities
for commercial and recreational
mackerel, squid, and butterfish fishing,
considering the opportunistic nature of
the fisheries, changes in availability that
may result from changes in climate and
other factors, and the need for
operational flexibility.
• Objective 2.3: Consider and strive to
balance the social and economic needs
of various sectors of the mackerel,
squid, and butterfish fisheries
(commercial including shoreside
infrastructure and recreational) as well
as other fisheries or concerns that may
be ecologically linked to mackerel,
squid, and butterfish fisheries.
• Objective 2.4: Investigate
opportunities to access international/
shared resources of mackerel, squid, and
butterfish species.
Goal 3: Support science, monitoring,
and data collection to enhance effective
management of mackerel, squid, and
butterfish fisheries.
• Objective 3.1: Improve data
collection to better understand the
status of mackerel, squid, and butterfish
stocks, the role of mackerel, squid, and
butterfish species in the ecosystem, and
the biological, ecological, and
socioeconomic impacts of management
measures, including impacts to other
fisheries.
• Objective 3.2: Promote
opportunities for industry collaboration
on research.
• Objective 3.3: Encourage research
that may lead to practicable
opportunities to further reduce bycatch
in the mackerel, squid, and butterfish
fisheries.
Comments and Responses
We received 11 comments on the
NOA and proposed rule from individual
constituents and non-governmental
organizations including from The Pew
Charitable Trusts, Oceans North, Wild
Oceans, Conservation Law Foundation,
Bennet Nickerson Environmental
Consulting, and Natural Resource
Defense Council. One comment was not
relevant to the proposed rule and is not
discussed further. One comment was
not relevant to the rule itself, but had
questions about how industry is
involved in the rule making process.
Five comments supported the Atlantic
mackerel rebuilding plan, four opposed
the rebuilding plan. Those opposed to
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the rebuilding plan advocated for
disapproval of Amendment 23 and to
have the Council select a different
rebuilding alternative, and one
comment opposed to the action
advocated for only subsistence fishing
for Atlantic mackerel.
We received zero comments on the
updated FMP goals and objectives in
response to the Amendment 22 NOA.
Some of the comments received in
response to the Amendment 22 NOA
referenced the updated goals and
objectives, but there were no comments
on the goals and objectives themselves.
Comment 1: Five commenters support
the proposed Atlantic mackerel
rebuilding plan. One stated that it was
in alignment with the MagnusonStevens Act, one noted the importance
of protecting historical food sources,
and one noted that this action is a good
first step, but would like to see more
done to protect the long-term
population of Atlantic mackerel and to
protect other marine species.
Additionally, one comment supported
the rebuilding plan, but would like to
see more animal welfare taken into
account.
Response: We have approved the
proposed Atlantic mackerel rebuilding
plan and the 2023 specifications. We
will continue to monitor the Atlantic
mackerel stock status through regular
stock assessments and base future catch
limits on the most recent stock
information available.
Comment 2: One comment requested
clarification on how commercial and
recreational fishermen’s input is
collected and used during the
development of this action.
Response: The public, including
industry members, are invited to
participate several times through the
development of any amendment. For
this action, public comments were
solicited at Council meetings in August
and December 2021 and June 2022; two
informational webinars were hosted by
Council staff on January 11 and 12,
2021, to provide background and gather
public input; the Council also hosted
five public hearings throughout April
and May of 2022; and, finally, the
public was asked to provide comment
on the NOA and proposed rule.
Comments were accepted both orally
and/or written at these various
opportunities. Public comments were
presented to the Mackerel, Squid, and
Butterfish Monitoring Committee and
the Council prior to meetings and taken
into account by those members when
making recommendations and decisions
on this action. The comments on the
NOA and proposed rule were provided
directly to NMFS to ensure the public
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Federal Register / Vol. 88, No. 21 / Wednesday, February 1, 2023 / Rules and Regulations
had the opportunity to comment and
notify the government of any proposed
action that would not satisfy applicable
statues.
Comment 3: Three comments opposed
the proposed Atlantic mackerel
rebuilding plan and advocated that
NMFS disapprove this action and either
close the fishery, develop a new
rebuilding plan, or have the Council
select a different alternative. Two of
these comments claimed that the best
available science was not taken into
consideration when selecting the
preferred alternatives for this action.
One of these comments goes on to
further claim that the Council violated
the Magnuson-Stevens Act by selecting
a rebuilding alternative that was not the
recommendation of the SSC. This
comment also opined that the EA
drafted for this action did not conduct
a thorough evaluation of the cumulative
impacts of climate change and the
Atlantic Ocean ecosystem in the face of
a depleted forage base and advocated
that the 129-mt river herring and shad
catch cap be disapproved and that a 3inch (7.62-cm) minimum codend mesh
size be required for the Atlantic
mackerel fishery.
Response: Amendment 23 was
developed using the best available
science, including new information
provided in the 2021 Atlantic mackerel
management track assessment results
and the 2021 Canadian Atlantic
mackerel assessment. The SSC endorsed
that all the rebuilding plan alternatives
in this action are expected to rebuild
Atlantic mackerel within 10 years based
on the best scientific information
available, which is consistent with the
Magnuson-Stevens Act and the National
Standards. The SSC also identified that
the 2023 ABCs for each potential
rebuilding plan were consistent with the
best scientific information available.
The EA for this action did evaluate
the cumulative impacts of climate
change and the Atlantic Ocean
ecosystem as describe in section 7.6.
Additionally, the Council developed
this action under the guidance of their
Ecosystem Approach to Fisheries
Management and in reference to the
most recent State of the Ecosystem
Reports.
The river herring and shad catch cap
of 129 mt is the No Action alternative
and we do not have the authority to
select a different alternative through the
amendment process. This alternative
was selected by the Council because
lower caps may be impracticable to
monitor. Additionally, the revised
commercial fishery closure approach
will have added benefits to river herring
and shad by lowering the possession
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limits for mackerel will below the
20,000-lb (9.08-mt) possession limit
required when reaching the river
herring and shad catch cap. The 3-inch
(7.62-cm) minimum mesh requirement
measure that was considered, but
ultimately rejected during the
development of this action due to the
lack of gear selectivity studies for
Atlantic mackerel that would allow
quantitative analysis of this measure.
Additional investigation of the effects of
a minimum mesh may be evaluated in
the future.
Finally, if this action were to be
disapproved, it would have the opposite
desired effect of both this action and
these comments received. A disapproval
of this action would result in the
implementation of the No Action
alternative that reverts the Atlantic
mackerel quota to 2021 levels including
a DAH of 17,312 mt due to the rollover
provisions found in § 648.22(d)(1) and
the expiration of the 2022 interim rule
on January 13, 2023. Disapproval of
Amendment 23 would be detrimental to
the Atlantic mackerel stock because it
would allow for potential overfishing to
continue throughout the 2023 fishing
year. Moreover, the alternative that the
commenters prefer has a lower
likelihood of accomplishing rebuilding
than the one implemented in this final
rule.
Comment 4: One comment opposed
the proposed action advocating for a
closure of the Atlantic mackerel
commercial fishery and to only allow
subsistence fishing for Atlantic
mackerel.
Response: This comment did not
supply any rationale or evidence in
support of closing the Atlantic mackerel
commercial fishery and for subsistence
fishing for Atlantic mackerel.
Changes From the Proposed Rule
There are no changes to the regulatory
text from the proposed rule, but this
final rule announces the approval of the
updated FMP goals and objectives
which were not included in the
proposed rule. The updated goals and
objectives were the subject of public
notice and comment in the NOA for
Amendment 22. This change to the FMP
is solely administrative, and does not
necessitate associated Federal
regulations, and therefore did not
require additional public comment.
Classification
Pursuant to section 304(b)(3) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
Mackerel, Squid, and Butterfish FMP,
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6669
other provisions of the MagnusonStevens Act, and other applicable law.
The Assistant Administrator for
Fisheries finds that the need to
implement these measures in a timely
manner constitutes good cause, under
the authority contained in 5 U.S.C.
553(d)(3), to waive the 30-day delay in
effective date of this action. This action
implements the Atlantic mackerel
rebuilding plan and the 2023 Atlantic
mackerel specifications. This rule is
being issued at the earliest possible date
following a 2021 Atlantic mackerel
management track assessment that
identified the need for a revised
rebuilding plan. The Council took
immediate action to develop this
revised rebuilding plan which was
developed throughout 2022.
Additionally, we implemented an
interim rule to reduce the catch limits
of Atlantic mackerel for the 2022 fishing
year and that interim rule expired
January 13, 2023, after which the
original 2022 harvest quotas became
effective. Failure to implement the new
lower quotas of this rule creates a risk
of additional overfishing in a stock that
is the subject of rebuilding because until
this rule is implemented, the Atlantic
mackerel quota reverts back to 17,312
mt which is almost five times the quota
calculated for this year in order to
rebuild the stock. Additionally,
approximately 500 mt of Atlantic
mackerel has already been harvested for
the 2023 fishing year, and a delay in
implementation could lead to the 2023
quota being exceeded.
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. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
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Dated: January 26, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
§ 648.21 Mid-Atlantic Fishery Management
Council risk policy.
*
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:
■
§ 648.24 Fishery closures and
accountability measures.
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.14, revise paragraph
(g)(1)(ii) and add paragraph (g)(1)(iii),
and revise paragraph (g)(4) to read as
follows:
*
■
§ 648.14
Prohibitions.
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*
*
*
*
*
(g) * * *
(1) * * *
(ii) Recreational possession. Take and
retain, possess, or land Atlantic
mackerel in excess of the recreational
limits contained in § 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 § 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.
*
*
*
*
*
■ 3. In § 648.21, revise paragraph (c)(2)
to read as follows:
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*
*
*
*
(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.
*
*
*
*
*
■ 4. In § 648.24, revise paragraphs
(b)(1)(i) through (iii) to read as follows:
*
*
*
*
(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 § 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 § 648.26.
(C) Unless previously closed pursuant
to paragraph (b)(1)(i)(A) or (b)(1)(i)(B) of
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 § 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
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Sfmt 4700
EEZ applicable to all commercial
Atlantic mackerel permits for the
remainder of the fishing year as
specified in § 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.
*
*
*
*
*
■ 5. In § 648.26, revise paragraphs (a)(1)
introductory text, (a)(1)(i) through (iv),
and (a)(2), and add paragraph (a)(3) to
read as follows:
§ 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 § 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 § 648.24(b)(1)(i) or
§ 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 § 648.24(b)(1)(i) or
§ 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
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percent of the Tier 3 landings cap has
been harvested, as specified in
§ 648.24(b)(1)(i) or § 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 § 648.24(b)(1)(i) or § 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 § 648.24(b)(6) before a first
phase or second phase commercial
fishery closure, then the Atlantic
mackerel possession restrictions
specified in § 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
§ 648.26(a)(2)(iii)(A).
(i) Limited Access Fishery. (A) During
a closure of the commercial Atlantic
mackerel fishery pursuant to
§ 648.24(b)(1)(i), when 886 mt of the
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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 § 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
§ 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.
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6671
(iii) Entire commercial fishery—(A)
Commercial quota closure. During a
closure of the entire commercial
Atlantic mackerel fishery pursuant to
§ 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 § 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. 2023–01959 Filed 1–31–23; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 21 (Wednesday, February 1, 2023)]
[Rules and Regulations]
[Pages 6665-6671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01959]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230126-0026]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action implements approved measures for 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 including 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 that
Atlantic mackerel stock remains overfished and overfishing is
occurring. Amendment 23 is intended to ensure that Atlantic mackerel
are sustainably managed to achieve optimum yield on a continuing basis.
Additionally, this action approves the updated management goals and
objectives of the Mackerel, Squid, and Butterfish Fishery Management
Plan with the purpose of ensuring that management continues to reflect
and address the current needs and condition of the mackerel, squid, and
butterfish fisheries.
DATES: Effective February 1, 2023.
[[Page 6666]]
ADDRESSES: Copies of Amendment 23, including the Environmental
Assessment, the Regulatory Impact Review, and the Regulatory
Flexibility Act Analysis (EA/RIR/RFAA) prepared in support of this
action are available from Dr. Christopher M. Moore, Executive Director,
Mid-Atlantic Fishery Management Council, Suite 201, 800 North State
Street, Dover, DE 19901. The supporting documents are also accessible
via the internet at: https://www.mafmc.org/s/Mackerel-Rebuilding-2_2023-01-10.pdf.
NMFS also prepared a Categorical Exclusion (CE) for this action in
compliance with the National Environmental Policy Act, detailing why
part of this action is administrative in nature and may be
categorically excluded from requirements to prepare either an
Environmental Impact Statement or EA. Copies of the CE for this action
are available upon request from NMFS.
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 specifications
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, total allowable
levels of foreign fishing, joint venture processing, and commercial and
recreational annual catch targets (ACT) for up to 3 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. However, using data through 2019, a
July 2021 Atlantic mackerel management track assessment concluded that
the Atlantic mackerel stock remained overfished and subject to
overfishing and that because previous assumptions about potential
recruitment that did not come to fruition, the 2019 rebuilding plan 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 Fishery Science Center
website (https://www.fisheries.noaa.gov/new-england-mid-atlantic/population-assessments/fishery-stock-assessments-new-england-and-mid-atlantic).
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 domestic
annual harvest (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 expired on January 13, 2023.
In response to the 2021 Atlantic mackerel management track
assessment, the Council developed Amendment 23 to revise the Atlantic
mackerel rebuilding plan to prevent overfishing and rebuild the stock,
as required by section 303 of the Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act). At its June 2022 meeting,
the Council recommended to establish a 10-year Atlantic mackerel
rebuilding plan and the 2023 Atlantic mackerel specification through
Amendment 23. On August 19, 2022, the Council submitted the amendment
and draft EA to NMFS for preliminary review. The Council reviewed the
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 Amendment 23 Atlantic mackerel 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.
A notice of availability (NOA) for the amendment published in the
Federal Register on October 25, 2022 (87 FR 64430), with a comment
period ending on December 27, 2022. We published a proposed rule in the
Federal Register on November 2, 2022 (87 FR 66120), with a comment
period ending on January 3, 2023.
When a Council approves and then transmits a fishery management
plan or amendment to NMFS, NMFS publishes a notice of availability in
the Federal Register announcing a 60-day comment period. 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.
After considering public comment on the NOA and proposed rule, we
approved Amendment 23. This final rule implements the management
measures in Amendment 23. The details of the development of the
measures in Amendment 23 were described in the NOA and proposed rule,
and are not repeated here.
This final rule also announces previously-approved goals and
objectives to the Mackerel, Squid, and Butterfish FMP that were
developed in Amendment 22 to the FMP. The focus of Amendment 22 was to
revise the number and type of Illex squid permits and to update the
goals and objectives of the FMP. An NOA for Amendment 22 was published
in the Federal Register on June 7, 2022 (87 FR 34629). No proposed rule
was published for Amendment 22 pending a final decision on the
Amendment. On September 6, 2022, NMFS informed the Council that, in
accordance with section 304(a)(3) of the Magnuson-Stevens Act, while
the management actions of Amendment 22 were disapproved, we would
revise the FMP goals and objectives in a future rulemaking. These
updates to the FMP do not require associated federal regulations.
Approved Measures
1. Atlantic Mackerel Rebuilding Plan
This action implements an Atlantic mackerel rebuilding plan that is
predicted to have a 61-percent probability of rebuilding the Atlantic
mackerel stock in 10 years. This
[[Page 6667]]
rebuilding plan assumes a fishing mortality rate of 0.12, and that
recruitment starts low (similar to recruitment from 2009 to present)
and then increases toward long-term typical recruitment as the stock
rebuilds. Table 1 shows the projected ABCs for the duration of the
rebuilding plan. The 2023 ABC specified in Table 1 is implemented
through this action, but the other ABCs provided 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
------------------------------------------------------------------------
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 a rebuilding plan that is 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 rebuilding alternative and associated 2023 ABC will set
a quota 41-percent lower 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 above Atlantic mackerel rebuilding plan, the 2023 ABC
is 8,094 mt. The 2023 Atlantic mackerel specifications include ABC
deductions for expected Canadian catch (2,197 mt), recreational catch
(2,143 mt), and estimated commercial discards (115 mt) to set a
commercial quota of 3,639 mt as shown in Table 2. This commercial quota
is a 27-percent decrease from the interim 2022 commercial quota.
Table 2--2023 Atlantic Mackerel Specifications
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
ABC/ACL................................. 8,094 mt................... a.
Canadian Catch Deduction................ 2,197 mt................... b.
Recreational Catch Deduction............ 2,143 mt................... c.
Commercial Discards..................... 115 mt..................... d.
Commercial Quota........................ 3,639 mt................... e = a-b-c-d.
----------------------------------------------------------------------------------------------------------------
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 new 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 in-season 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 implements a modified closure
approach. This modified closure approach includes an initial closure
with different thresholds based on the time of year, and a final
closure when the fishery is close to harvesting the full commercial
quota (see Table 3). This action retains the existing measures in the
regulations that provide NMFS with the discretion to not close the
fishery in November and December if performance suggests that a quota
overage is unlikely.
Table 3--Atlantic Mackerel Commercial Fishery Closure Approach
----------------------------------------------------------------------------------------------------------------
Unharvested 2023 Closure
Time of year DAH remaining threshold Possession limit
(mt) amounts (mt) adjustments
----------------------------------------------------------------------------------------------------------------
Initial Closure................... Before May 1......... 886 2,753 40,000 lb (18.14 mt)
for Tier 1, 2, or 3
limited access
permits;
May 1 or after....... 443 3,196 5,000 lb (2.27 mt)
for incidental/open
access permits.
Final Closure..................... Any time of year..... 100 3,539 5,000 lb (2.27 mt)
for all federal
Atlantic mackerel
permit holders.
----------------------------------------------------------------------------------------------------------------
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. This action
implements a 20-fish per person Atlantic mackerel possession limit.
This limit applies to all Atlantic mackerel charter/party permit
holders (including
[[Page 6668]]
crew members) and private anglers. The 20-fish recreational possession
limit is estimated to reduce recreational catch by 17 percent compared
to average 2019-2021 recreational catch which is expected to assist in
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 the Federal recreational possession limit.
This coordination is needed in order to achieve the necessary reduction
in catch.
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.
This action implements a river herring and shad catch cap in the
Atlantic mackerel fishery of 129 mt.
6. FMP Goals and Objectives
This action announces the previously-approved updated and revised
goals and objectives of the Mackerel, Squid, and Butterfish FMP as
follows:
Goal 1: Maintain sustainable mackerel, squid, and butterfish
stocks.
Objective 1.1: Prevent overfishing and maintain
sustainable biomass levels that achieve optimum yield in the mackerel,
squid, and butterfish fisheries.
Objective 1.2: Consider and, to the extent practicable,
account for the roles of mackerel, squid, and butterfish species/
fisheries in the ecosystem.
Goal 2: Acknowledging the difficulty in quantifying all costs and
benefits, achieve the greatest overall net benefit to the Nation,
balancing the needs and priorities of different user groups and effects
of management on fishing communities.
Objective 2.1: Provide the greatest degree of freedom and
flexibility to harvesters and processors (including shoreshide
infrastructure) of mackerel, squid, and butterfish resources consistent
with attainment of the other objectives of this FMP, including
minimizing additional restrictions.
Objective 2.2: Allow opportunities for commercial and
recreational mackerel, squid, and butterfish fishing, considering the
opportunistic nature of the fisheries, changes in availability that may
result from changes in climate and other factors, and the need for
operational flexibility.
Objective 2.3: Consider and strive to balance the social
and economic needs of various sectors of the mackerel, squid, and
butterfish fisheries (commercial including shoreside infrastructure and
recreational) as well as other fisheries or concerns that may be
ecologically linked to mackerel, squid, and butterfish fisheries.
Objective 2.4: Investigate opportunities to access
international/shared resources of mackerel, squid, and butterfish
species.
Goal 3: Support science, monitoring, and data collection to enhance
effective management of mackerel, squid, and butterfish fisheries.
Objective 3.1: Improve data collection to better
understand the status of mackerel, squid, and butterfish stocks, the
role of mackerel, squid, and butterfish species in the ecosystem, and
the biological, ecological, and socioeconomic impacts of management
measures, including impacts to other fisheries.
Objective 3.2: Promote opportunities for industry
collaboration on research.
Objective 3.3: Encourage research that may lead to
practicable opportunities to further reduce bycatch in the mackerel,
squid, and butterfish fisheries.
Comments and Responses
We received 11 comments on the NOA and proposed rule from
individual constituents and non-governmental organizations including
from The Pew Charitable Trusts, Oceans North, Wild Oceans, Conservation
Law Foundation, Bennet Nickerson Environmental Consulting, and Natural
Resource Defense Council. One comment was not relevant to the proposed
rule and is not discussed further. One comment was not relevant to the
rule itself, but had questions about how industry is involved in the
rule making process. Five comments supported the Atlantic mackerel
rebuilding plan, four opposed the rebuilding plan. Those opposed to the
rebuilding plan advocated for disapproval of Amendment 23 and to have
the Council select a different rebuilding alternative, and one comment
opposed to the action advocated for only subsistence fishing for
Atlantic mackerel.
We received zero comments on the updated FMP goals and objectives
in response to the Amendment 22 NOA. Some of the comments received in
response to the Amendment 22 NOA referenced the updated goals and
objectives, but there were no comments on the goals and objectives
themselves.
Comment 1: Five commenters support the proposed Atlantic mackerel
rebuilding plan. One stated that it was in alignment with the Magnuson-
Stevens Act, one noted the importance of protecting historical food
sources, and one noted that this action is a good first step, but would
like to see more done to protect the long-term population of Atlantic
mackerel and to protect other marine species. Additionally, one comment
supported the rebuilding plan, but would like to see more animal
welfare taken into account.
Response: We have approved the proposed Atlantic mackerel
rebuilding plan and the 2023 specifications. We will continue to
monitor the Atlantic mackerel stock status through regular stock
assessments and base future catch limits on the most recent stock
information available.
Comment 2: One comment requested clarification on how commercial
and recreational fishermen's input is collected and used during the
development of this action.
Response: The public, including industry members, are invited to
participate several times through the development of any amendment. For
this action, public comments were solicited at Council meetings in
August and December 2021 and June 2022; two informational webinars were
hosted by Council staff on January 11 and 12, 2021, to provide
background and gather public input; the Council also hosted five public
hearings throughout April and May of 2022; and, finally, the public was
asked to provide comment on the NOA and proposed rule. Comments were
accepted both orally and/or written at these various opportunities.
Public comments were presented to the Mackerel, Squid, and Butterfish
Monitoring Committee and the Council prior to meetings and taken into
account by those members when making recommendations and decisions on
this action. The comments on the NOA and proposed rule were provided
directly to NMFS to ensure the public
[[Page 6669]]
had the opportunity to comment and notify the government of any
proposed action that would not satisfy applicable statues.
Comment 3: Three comments opposed the proposed Atlantic mackerel
rebuilding plan and advocated that NMFS disapprove this action and
either close the fishery, develop a new rebuilding plan, or have the
Council select a different alternative. Two of these comments claimed
that the best available science was not taken into consideration when
selecting the preferred alternatives for this action. One of these
comments goes on to further claim that the Council violated the
Magnuson-Stevens Act by selecting a rebuilding alternative that was not
the recommendation of the SSC. This comment also opined that the EA
drafted for this action did not conduct a thorough evaluation of the
cumulative impacts of climate change and the Atlantic Ocean ecosystem
in the face of a depleted forage base and advocated that the 129-mt
river herring and shad catch cap be disapproved and that a 3-inch
(7.62-cm) minimum codend mesh size be required for the Atlantic
mackerel fishery.
Response: Amendment 23 was developed using the best available
science, including new information provided in the 2021 Atlantic
mackerel management track assessment results and the 2021 Canadian
Atlantic mackerel assessment. The SSC endorsed that all the rebuilding
plan alternatives in this action are expected to rebuild Atlantic
mackerel within 10 years based on the best scientific information
available, which is consistent with the Magnuson-Stevens Act and the
National Standards. The SSC also identified that the 2023 ABCs for each
potential rebuilding plan were consistent with the best scientific
information available.
The EA for this action did evaluate the cumulative impacts of
climate change and the Atlantic Ocean ecosystem as describe in section
7.6. Additionally, the Council developed this action under the guidance
of their Ecosystem Approach to Fisheries Management and in reference to
the most recent State of the Ecosystem Reports.
The river herring and shad catch cap of 129 mt is the No Action
alternative and we do not have the authority to select a different
alternative through the amendment process. This alternative was
selected by the Council because lower caps may be impracticable to
monitor. Additionally, the revised commercial fishery closure approach
will have added benefits to river herring and shad by lowering the
possession limits for mackerel will below the 20,000-lb (9.08-mt)
possession limit required when reaching the river herring and shad
catch cap. The 3-inch (7.62-cm) minimum mesh requirement measure that
was considered, but ultimately rejected during the development of this
action due to the lack of gear selectivity studies for Atlantic
mackerel that would allow quantitative analysis of this measure.
Additional investigation of the effects of a minimum mesh may be
evaluated in the future.
Finally, if this action were to be disapproved, it would have the
opposite desired effect of both this action and these comments
received. A disapproval of this action would result in the
implementation of the No Action alternative that reverts the Atlantic
mackerel quota to 2021 levels including a DAH of 17,312 mt due to the
rollover provisions found in Sec. 648.22(d)(1) and the expiration of
the 2022 interim rule on January 13, 2023. Disapproval of Amendment 23
would be detrimental to the Atlantic mackerel stock because it would
allow for potential overfishing to continue throughout the 2023 fishing
year. Moreover, the alternative that the commenters prefer has a lower
likelihood of accomplishing rebuilding than the one implemented in this
final rule.
Comment 4: One comment opposed the proposed action advocating for a
closure of the Atlantic mackerel commercial fishery and to only allow
subsistence fishing for Atlantic mackerel.
Response: This comment did not supply any rationale or evidence in
support of closing the Atlantic mackerel commercial fishery and for
subsistence fishing for Atlantic mackerel.
Changes From the Proposed Rule
There are no changes to the regulatory text from the proposed rule,
but this final rule announces the approval of the updated FMP goals and
objectives which were not included in the proposed rule. The updated
goals and objectives were the subject of public notice and comment in
the NOA for Amendment 22. This change to the FMP is solely
administrative, and does not necessitate associated Federal
regulations, and therefore did not require additional public comment.
Classification
Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this final rule is
consistent with the Mackerel, Squid, and Butterfish FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law.
The Assistant Administrator for Fisheries finds that the need to
implement these measures in a timely manner constitutes good cause,
under the authority contained in 5 U.S.C. 553(d)(3), to waive the 30-
day delay in effective date of this action. This action implements the
Atlantic mackerel rebuilding plan and the 2023 Atlantic mackerel
specifications. This rule is being issued at the earliest possible date
following a 2021 Atlantic mackerel management track assessment that
identified the need for a revised rebuilding plan. The Council took
immediate action to develop this revised rebuilding plan which was
developed throughout 2022. Additionally, we implemented an interim rule
to reduce the catch limits of Atlantic mackerel for the 2022 fishing
year and that interim rule expired January 13, 2023, after which the
original 2022 harvest quotas became effective. Failure to implement the
new lower quotas of this rule creates a risk of additional overfishing
in a stock that is the subject of rebuilding because until this rule is
implemented, the Atlantic mackerel quota reverts back to 17,312 mt
which is almost five times the quota calculated for this year in order
to rebuild the stock. Additionally, approximately 500 mt of Atlantic
mackerel has already been harvested for the 2023 fishing year, and a
delay in implementation could lead to the 2023 quota being exceeded.
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. As a result, a regulatory flexibility
analysis was not required and none was prepared.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
[[Page 6670]]
Dated: January 26, 2023.
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 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 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 paragraphs (a)(1) introductory text,
(a)(1)(i) through (iv), and (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
[[Page 6671]]
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. 2023-01959 Filed 1-31-23; 8:45 am]
BILLING CODE 3510-22-P
