Fisheries of the Northeastern United States; The 2023-2025 Specifications for the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan, 14110-14113 [2023-04298]
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Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Proposed Rules
stipulations is to reduce user conflicts
and enhance public safety in areas of
high recreational use. The framework
for managing the Refuge trapping
program was developed through
extensive public planning processes
dating back to the Refuge’s first
comprehensive conservation plan in
1986, and furbearer management plan in
1988. This framework has allowed us to
maintain a successful trapping program
on the Refuge for decades.
As to the proposed increased access
for snowmobiles, all-terrain vehicles,
and utility task vehicles on designated
lakes on the Refuge when there is
adequate snow and ice cover, the
Service believes this would result in
temporary disturbance of wildlife and
habitat impacts. The increased presence
and use of motorized vehicles on these
lakes may also negatively impact other
visitors and increase potential for
accidental fuel discharges. For example,
allowance of snowmobiles, all-terrain
vehicles, and utility task vehicles on
these lakes is likely to lead to
recreational riding of these vehicles
unassociated with ice fishing, thereby
increasing potential for conflict with
participants in this popular winter
activity on Refuge lakes. It would also
likely result in increased unauthorized
use of these vehicles on adjacent upland
and wetland habitats, with resultant
impacts to soils, habitats, and wildlife.
In further considering changes to
firearm discharge restrictions along the
Russian and Kenai Rivers, the Service
finds that limiting the firearms
restriction to the months of May through
October, as outlined in the June 11,
2020, proposed rule (85 FR 35628), is
insufficient to address public safety
issues associated with firearms
discharge along these rivers. As
previously explained, under the Refuge
Administration Act, as amended, the
Service has an obligation not to allow
any uses on a refuge that are
inconsistent with public safety (16
U.S.C. 6688dd(d)(3)(A)(i)). Additionally,
Service regulations at 50 CFR 36.42(b)
provide that in determining whether to
close an area or restrict an activity, the
Refuge Manager shall be guided by
several factors, including public health
and safety. Therefore, for the reasons
outlined in the May 5, 2016, final rule,
and having completed additional
analyses under NEPA, we are
maintaining the year-round restriction
on firearms discharge along the Kenai
and Russian Rivers to ensure public
safety in these intensively used river
corridors. Maintaining this firearm
restriction also provides consistency
with U.S. Forest Service regulations
restricting use of weapons in the
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vicinity of developed recreational
facilities (36 CFR 261.10(d)), which
apply to an adjoining area of similar size
in the Chugach National Forest from the
Russian River’s confluence with the
Kenai River upstream to the Russian
River Falls.
Lastly, the Service believes that the
provisions of the proposed rule that
would increase access for bicycles and
game carts on designated roads, rightsof-way, and trails needs further
planning, public involvement, and
compliance with NEPA.
For the reasons provided above, we
are withdrawing the proposed rule that
published on June 11, 2020 (85 FR
35628), to amend the refuge-specific
public use regulations for Kenai NWR.
References Cited
A complete list of references cited in
this document is available on the
internet at https://www.regulations.gov
at Docket No. FWS–R7–NWRS–2017–
0058 and upon request from the person
listed above under FOR FURTHER
INFORMATION CONTACT.
Authority
The authority for this action is the
National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C.
668dd–668ee), as amended by the
National Wildlife Refuge System
Improvement Act of 1997 (Pub. L. 105–
57); the Alaska National Interest Lands
Conservation Act of 1980 (Pub. L. 96–
487); and the Wilderness Act of 1964
(16 U.S.C. 1131 et seq.).
Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2023–04318 Filed 3–6–23; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 230224–0055]
RIN 0648–BL91
Fisheries of the Northeastern United
States; The 2023–2025 Specifications
for the Atlantic Mackerel, Squid, and
Butterfish Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule, request for
comments.
AGENCY:
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NMFS proposes 2023–2025
specifications for the Mackerel, Squid,
and Butterfish Fishery Management
Plan as recommended by the MidAtlantic Fishery Management Council.
This action proposes to set the 2023–
2025 chub mackerel specifications, the
2023–2024 butterfish specifications, and
the 2023 Illex squid specifications. This
action also proposes reaffirming the
2023 longfin squid specifications.
DATES: Public comments must be
received by March 22, 2023.
ADDRESSES: Copies of supporting
documents used by the Mid-Atlantic
Fishery Management Council, including
the Environmental Assessment (EA), the
Supplemental Information Report (SIR),
the Regulatory Impact Review (RIR), and
the Regulatory Flexibility Act (RFA)
analysis are available from: Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, 800 North State
Street, Suite 201, Dover, DE 19901,
telephone (302) 674–2331.
You may submit comments, identified
by NOAA–NMFS–2023–0018, by the
following method:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov and enter NOAA–
NMFS–2023–0018 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 or received after the end
of the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fishery Policy
Analyst, (978) 282–8456.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
This rule proposes specifications,
which are the combined suite of
commercial and recreational catch
levels established for one or more
fishing years, for chub mackerel, Illex
squid, and butterfish, and reaffirms
previously announced specifications for
longfin squid. Atlantic mackerel
specifications for 2023 were set through
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Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Proposed Rules
a separate action (88 FR 6665). Section
302(g)(1)(B) of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) states that
the Scientific and Statistical Committee
(SSC) for each regional fishery
management council shall provide its
Council ongoing scientific advice for
fishery management decisions,
including recommendations for
acceptable biological catch (ABC),
preventing overfishing, ensuring
maximum sustainable yield, and
achieving rebuilding targets. The ABC is
a level of catch that accounts for the
scientific uncertainty in the estimate of
the stock’s defined overfishing limit
(OFL).
The regulations implementing the
fishery management plan (FMP) require
the Mid-Atlantic Fishery Management
Council’s Mackerel, Squid, and
Butterfish Monitoring Committee to
develop specification recommendations
for each species based upon the ABC
advice of the Council’s SSC. The FMP
regulations also require the specification
of annual catch limits (ACL) and
accountability measure (AM) provisions
for butterfish. Both squid species are
exempt from the ACL/AM requirements
because they have a life cycle of less
than one year. In addition, the
regulations require the specification of
domestic annual harvest (DAH), the
butterfish mortality cap in the longfin
squid fishery, and initial optimum yield
(IOY) for both squid species.
On May 10, 2022 (87 FR 27952), we
published a final rule in the Federal
Register implementing the previously
approved 2022 specifications for the
chub mackerel, butterfish, longfin squid,
and Illex squid fisheries.
The Council’s SSC met in May and
July 2022 to reevaluate the chub
mackerel, longfin squid, Illex squid, and
butterfish 2023 specifications based
upon the latest information. At those
meetings, the SSC concluded that no
adjustments to the Illex squid, longfin
squid, and chub mackerel specifications
were warranted. However, for butterfish,
the SSC recommended to use a different
biological reference point based on new
information from the assessment. The
stock was assessed with the recently
developed model known as the Woods
Hole Assessment Model.
Proposed 2023 Longfin Squid
Specifications
This action maintains the 2022
longfin squid ABC of 23,400 mt for
2023. The background for this ABC is
discussed in the proposed rule to
implement the 2021–2022 squid and
butterfish specifications (86 FR 38586;
July 22, 2021) and is not repeated here.
The IOY, DAH, and domestic annual
processing (DAP) are calculated by
deducting an estimated discard rate (2
percent) from the ABC. This results in
a 2023 IOY, DAH, and DAP of 22,932 mt
(Table 1). This action also maintains the
existing allocation of longfin squid DAH
among trimesters according to
percentages specified in the FMP (Table
2). The Council will review these
specifications during its annual
specifications process following annual
data updates each spring, and may
change its recommendation for 2024 if
new information becomes available.
TABLE 1—2023 LONGFIN SQUID
Specification
Metric tons
OFL ...........................
ABC ...........................
IOY ............................
DAH/DAP ..................
Unknown.
23,400.
22,932.
22,932.
Percent
I (Jan–Apr)
II (May–
Aug) .......
III (Sep–
Dec) .......
This action proposes to set the 2023
butterfish specifications and projected
2024 specifications as outlined in Table
3. The SSC reviewed the research track
assessment results in May 2022. A
variety of ecosystem topics were
considered for inclusion in the
butterfish assessment. These included
predictive models for spatial
distribution patterns over time, the
influence of environmental drivers, the
potential magnitude of natural mortality
by marine mammal, bird, and fish
populations, and comparative analyses
of trends in recruitment and condition
factor for a broad range of fish species.
The proposed 2023 and projected 2024
butterfish specifications uses a new
biological reference point for fishing
mortality that is higher than earlier
values based on updated scientific
information. These specifications
propose to maintain the existing
butterfish mortality cap in the longfin
squid fishery of 3,884 mt and the
existing allocation of the butterfish
mortality cap among longfin squid
trimesters (Table 4).
TABLE 3—PROPOSED 2023 AND PROJECTED 2024 BUTTERFISH SPECIFICATIONS IN METRIC TONS
Specification
TABLE 2—2021–2022 LONGFIN
QUOTA TRIMESTER ALLOCATIONS
Trimester
Proposed 2023–2024 Butterfish
Specifications
Metric tons
43
9,861
17
3,898
40
9,173
OFL ...........
ABC ..........
ACT ...........
Assumed
discards
Total discards .....
Butterfish
cap in
longfin ....
DAH ..........
2023
2024
17,631
17,267
16,404
16,096
15,764
14,976
1,248
1,248
5,132
5,132
3,884
11,271
3,884
9,844
TABLE 4—PROPOSED 2023 TRIMESTER ALLOCATION OF BUTTERFISH MORTALITY CAP ON THE LONGFIN SQUID FISHERY
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Trimester
Percent
Metric tons
I (Jan–Apr) ...............................................................................................................................................................
II (May–Aug) ............................................................................................................................................................
III (Sep-Dec) ............................................................................................................................................................
43
17
40
1,670
660
1,554
Total ..................................................................................................................................................................
100
3,844
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Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Proposed Rules
Proposed 2023 Illex Squid
Specifications
administrative authority at section
305(d) of the Magnuson-Stevens Act.
Consistent with the Council’s
recommendation, NMFS proposes to
maintain the 2023 Illex squid ABC of
40,000 mt. The Council recommended
that the ABC be reduced by the status
quo discard rate of 4.52 percent, which
results in a 2023 IOY, DAH, and DAP of
38,192 mt (Table 5).
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the Mackerel, Squid, and
Butterfish FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
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 rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The purpose, context, and
statutory basis for this action is
described above and not repeated here.
Business entities affected by this action
include vessels that are issued limited
access chub mackerel, longfin squid,
Illex squid, and butterfish permits.
Although vessels issued open access
incidental catch permits for these
species also would be potentially
affected by this action, because these
vessels land only small amounts of chub
mackerel, squid, and butterfish and this
action would not revise the amount of
squid and butterfish that these vessels
can land, these entities would not be
affected by this proposed rule.
Any entity with combined annual
fishery landing receipts less than $11
million is considered a small entity
based on standards published in the
Federal Register (80 FR 81194,
December 29, 2015). In 2021, 69
separate vessels held commercial
limited access Illex permits.
Approximately 55 entities owned those
vessels, and based on current SBA size
standards, 49 would be small business
entities. In 2021, 33 vessels landed over
10,000 lb (4,536 kg) with total Illex
landings valued at $29.7 million. From
2019–2021 Illex ex-vessel revenues
varied from $25.3–$29.7 million,
averaging $28.2 million. The previously
approved Atlantic mackerel, Illex squid,
and longfin squid commercial landing
limits would not be changed by this
proposed action. Fishing revenue and,
therefore, economic impacts of yearly
Mackerel, Squid, and Butterfish
specifications depend upon species
availability, which may change yearly.
This action is not expected to have
negative impacts on any participating
entities. Mackerel and longfin quotas
would be maintained at status quo. Illex
TABLE 5—PROPOSED 2023 Illex
SQUID SPECIFICATIONS IN METRIC
TONS
Specification
OFL ...........................
ABC ...........................
IOY ............................
DAH/DAP ..................
2023
Unknown.
40,000.
38,192.
38,192.
Reaffirmation of 2021–2022 Atlantic
Chub Mackerel Specifications
Amendment 21 to the FMP previously
implemented chub mackerel
specifications for the 2020–2022 fishing
years. The Council reevaluated these
specifications at its June 2022 meeting
and decided to make no adjustments for
the 2023–2025 fishing years. This action
proposes to set the previously
implemented specifications for 2023
and projects the same for 2024–2025.
TABLE 7—PROPOSED 2023 AND PROJECTED 2024–2025 ATLANTIC CHUB
MACKEREL SPECIFICATIONS IN METRIC TONS
Specification
ABC ......................................
Annual Catch Limit (ACL) .....
Annual Catch Target ............
Total Allowable Landings .....
2023–2025
2,300
2,262
2,171
2,041
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Additional Measures Not Part of the
2023 Mackerel, Squid, and Butterfish
Specifications
In addition to implementing the
specifications discussed previously, this
proposed rule would reinstate
regulatory text outlining the eligibility
requirements required to issue a Tier 1
longfin squid moratorium permits found
at § 648.4(a)(5)(A)(1) and the
requirement to close the directed Illex
fishery once a certain percenatage of the
DAH has been landed found at
§ 648.24(a)(2) that were inadvertently
removed from the Code of Federal
Regulations on January 1, 2023. These
changes simply restore the regulatory
text that was removed by mistake by the
expiration of a previous action, and
would be made under our
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squid specifications would be
maintained at status quo, although the
closure threshold would be lowered
from 95 percent to 94 percent to avoid
quota overages, which have occurred in
recent years. Still, any landings that
could occur up to the 94 percent closure
threshold would be higher than the
2017–2019 quotas. In 2019, landings
were only slightly above the landings at
the 94 percent threshold, even with the
2019 overage. Avoiding quota overages
also has the long term benefit of
avoiding overfishing. Although
butterfish quotas would be slightly
reduced, the fishery has landed less
than 75 percent of the DAH for the past
several years, and therefore, the
proposed quotas would still allow for a
higher harvest level compared to what
the fishery has recently landed.
In determining the significance of the
economic impacts of the proposed
action, we considered the following two
criteria outlined in applicable NMFS
guidance: Disproportionality and
profitability. The proposed measures
would not place a substantial number of
small entities at a significant
competitive disadvantage to large
entities; all entities affected by this
action would be equally affected.
Accordingly, there are no
disproportionate economic effects from
this action between small and large
entities. Proposed measures would not
reduce fishing opportunities based on
recent squid and butterfish landings,
change any entity’s access to these
resources, or impose any costs to
affected entities. Therefore, this action
would not be expected to reduce
revenues or profit for affected entities
compared to recent levels. Based on the
above justification, the proposed action
is not expected to have a significant
economic impact on a substantial
number of small entities.
This proposed rule does not contain
a change to a collection of information
requirement for purposes of the
Paperwork Reduction Act of 1995. The
existing collection of information
requirements would continue to apply
under the following OMB Control
Number: 0648–0229, Greater Atlantic
Region Dealer Purchase Reports.
Notwithstanding any other provision of
the law, no person is required to
respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB Control Number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Fishery closures
and accountability measures.
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Federal Register / Vol. 88, No. 44 / Tuesday, March 7, 2023 / Proposed Rules
Dated: February 27, 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 proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.4, add paragraph
(a)(5)(i)(A)(1) to read as follows:
■
§ 648.4
Vessel permits.
ddrumheller on DSK120RN23PROD with PROPOSALS1
(a) * * *
(5) * * *
(i) * * *
(A) * * * (1) Tier 1 longfin squid
moratorium permit. Beginning in
February 2019, the Regional
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Administrator shall automatically issue
a Tier 1 longfin squid moratorium
permit to any vessel that is issued a
longfin squid/butterfish moratorium
permit or eligible to be issued such a
permit held in confirmation of permit
history (CPH) during calendar year 2018
that meets the eligibility criteria in this
paragraph (a)(5)(i)(A)(1). To be eligible
for a Tier 1 permit, a vessel must have
been issued a valid longfin squid/
butterfish moratorium permit and
landed more than 10,000 lb (4,536 kg)
of longfin squid in at least one calendar
year between January 1, 1997, and
December 31, 2013. Fishing history,
including for a permit held in
confirmation of permit history, can be
used by a vessel to qualify for and be
issued a tier 1 longfin squid moratorium
permit, provided the Regional
Administrator has determined that the
fishing and permit history of such vessel
has been lawfully retained by the
applicant. Landings data used in this
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14113
qualification must be verified by dealer
reports submitted to NMFS. A vessel
that was not automatically issued a Tier
1 longfin squid moratorium permit may
apply for such a permit in accordance
with paragraph (a)(5)(i)(B) of this
section.
*
*
*
*
*
■ 3. In § 648.24, add paragraph (a)(2) to
read as follows:
§ 648.24 Fishery closures and
accountability measures.
(a) * * *
(2) Illex. NMFS shall close the
directed Illex fishery in the EEZ when
the Regional Administrator projects that
94 percent of the Illex DAH is harvested.
The closure of the directed fishery shall
be in effect for the remainder of that
fishing period, with incidental catches
allowed as specified at § 648.26.
*
*
*
*
*
[FR Doc. 2023–04298 Filed 3–6–23; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 88, Number 44 (Tuesday, March 7, 2023)]
[Proposed Rules]
[Pages 14110-14113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04298]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230224-0055]
RIN 0648-BL91
Fisheries of the Northeastern United States; The 2023-2025
Specifications for the Atlantic 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 2023-2025 specifications for the Mackerel,
Squid, and Butterfish Fishery Management Plan as recommended by the
Mid-Atlantic Fishery Management Council. This action proposes to set
the 2023-2025 chub mackerel specifications, the 2023-2024 butterfish
specifications, and the 2023 Illex squid specifications. This action
also proposes reaffirming the 2023 longfin squid specifications.
DATES: Public comments must be received by March 22, 2023.
ADDRESSES: Copies of supporting documents used by the Mid-Atlantic
Fishery Management Council, including the Environmental Assessment
(EA), the Supplemental Information Report (SIR), the Regulatory Impact
Review (RIR), and the Regulatory Flexibility Act (RFA) analysis are
available from: Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, 800 North State Street, Suite 201,
Dover, DE 19901, telephone (302) 674-2331.
You may submit comments, identified by NOAA-NMFS-2023-0018, by the
following method:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal. Go to www.regulations.gov and enter
NOAA-NMFS-2023-0018 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 or received after
the end of the comment period, may not be considered by NMFS. All
comments received are a part of the public record and will generally be
posted for public viewing on www.regulations.gov without change. All
personal identifying information (e.g., name, address, etc.),
confidential business information, or otherwise sensitive information
submitted voluntarily by the sender will be publicly accessible. NMFS
will accept anonymous comments (enter ``N/A'' in the required fields if
you wish to remain anonymous).
FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Policy
Analyst, (978) 282-8456.
SUPPLEMENTARY INFORMATION:
Background
This rule proposes specifications, which are the combined suite of
commercial and recreational catch levels established for one or more
fishing years, for chub mackerel, Illex squid, and butterfish, and
reaffirms previously announced specifications for longfin squid.
Atlantic mackerel specifications for 2023 were set through
[[Page 14111]]
a separate action (88 FR 6665). Section 302(g)(1)(B) of the Magnuson-
Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act)
states that the Scientific and Statistical Committee (SSC) for each
regional fishery management council shall provide its Council ongoing
scientific advice for fishery management decisions, including
recommendations for acceptable biological catch (ABC), preventing
overfishing, ensuring maximum sustainable yield, and achieving
rebuilding targets. The ABC is a level of catch that accounts for the
scientific uncertainty in the estimate of the stock's defined
overfishing limit (OFL).
The regulations implementing the fishery management plan (FMP)
require the Mid-Atlantic Fishery Management Council's Mackerel, Squid,
and Butterfish Monitoring Committee to develop specification
recommendations for each species based upon the ABC advice of the
Council's SSC. The FMP regulations also require the specification of
annual catch limits (ACL) and accountability measure (AM) provisions
for butterfish. Both squid species are exempt from the ACL/AM
requirements because they have a life cycle of less than one year. In
addition, the regulations require the specification of domestic annual
harvest (DAH), the butterfish mortality cap in the longfin squid
fishery, and initial optimum yield (IOY) for both squid species.
On May 10, 2022 (87 FR 27952), we published a final rule in the
Federal Register implementing the previously approved 2022
specifications for the chub mackerel, butterfish, longfin squid, and
Illex squid fisheries.
The Council's SSC met in May and July 2022 to reevaluate the chub
mackerel, longfin squid, Illex squid, and butterfish 2023
specifications based upon the latest information. At those meetings,
the SSC concluded that no adjustments to the Illex squid, longfin
squid, and chub mackerel specifications were warranted. However, for
butterfish, the SSC recommended to use a different biological reference
point based on new information from the assessment. The stock was
assessed with the recently developed model known as the Woods Hole
Assessment Model.
Proposed 2023 Longfin Squid Specifications
This action maintains the 2022 longfin squid ABC of 23,400 mt for
2023. The background for this ABC is discussed in the proposed rule to
implement the 2021-2022 squid and butterfish specifications (86 FR
38586; July 22, 2021) and is not repeated here. The IOY, DAH, and
domestic annual processing (DAP) are calculated by deducting an
estimated discard rate (2 percent) from the ABC. This results in a 2023
IOY, DAH, and DAP of 22,932 mt (Table 1). This action also maintains
the existing allocation of longfin squid DAH among trimesters according
to percentages specified in the FMP (Table 2). The Council will review
these specifications during its annual specifications process following
annual data updates each spring, and may change its recommendation for
2024 if new information becomes available.
Table 1--2023 Longfin Squid
------------------------------------------------------------------------
Specification Metric tons
------------------------------------------------------------------------
OFL....................................... Unknown.
ABC....................................... 23,400.
IOY....................................... 22,932.
DAH/DAP................................... 22,932.
------------------------------------------------------------------------
Table 2--2021-2022 Longfin Quota Trimester Allocations
------------------------------------------------------------------------
Trimester Percent Metric tons
------------------------------------------------------------------------
I (Jan-Apr)............................. 43 9,861
II (May-Aug)............................ 17 3,898
III (Sep-Dec)........................... 40 9,173
------------------------------------------------------------------------
Proposed 2023-2024 Butterfish Specifications
This action proposes to set the 2023 butterfish specifications and
projected 2024 specifications as outlined in Table 3. The SSC reviewed
the research track assessment results in May 2022. A variety of
ecosystem topics were considered for inclusion in the butterfish
assessment. These included predictive models for spatial distribution
patterns over time, the influence of environmental drivers, the
potential magnitude of natural mortality by marine mammal, bird, and
fish populations, and comparative analyses of trends in recruitment and
condition factor for a broad range of fish species. The proposed 2023
and projected 2024 butterfish specifications uses a new biological
reference point for fishing mortality that is higher than earlier
values based on updated scientific information. These specifications
propose to maintain the existing butterfish mortality cap in the
longfin squid fishery of 3,884 mt and the existing allocation of the
butterfish mortality cap among longfin squid trimesters (Table 4).
Table 3--Proposed 2023 and Projected 2024 Butterfish Specifications in
Metric Tons
------------------------------------------------------------------------
Specification 2023 2024
------------------------------------------------------------------------
OFL..................................... 17,631 16,096
ABC..................................... 17,267 15,764
ACT..................................... 16,404 14,976
Assumed discards........................ 1,248 1,248
Total discards.......................... 5,132 5,132
Butterfish cap in longfin............... 3,884 3,884
DAH..................................... 11,271 9,844
------------------------------------------------------------------------
Table 4--Proposed 2023 Trimester Allocation of Butterfish Mortality Cap
on the Longfin Squid Fishery
------------------------------------------------------------------------
Trimester Percent Metric tons
------------------------------------------------------------------------
I (Jan-Apr)............................. 43 1,670
II (May-Aug)............................ 17 660
III (Sep-Dec)........................... 40 1,554
-------------------------------
Total............................... 100 3,844
------------------------------------------------------------------------
[[Page 14112]]
Proposed 2023 Illex Squid Specifications
Consistent with the Council's recommendation, NMFS proposes to
maintain the 2023 Illex squid ABC of 40,000 mt. The Council recommended
that the ABC be reduced by the status quo discard rate of 4.52 percent,
which results in a 2023 IOY, DAH, and DAP of 38,192 mt (Table 5).
Table 5--Proposed 2023 Illex Squid Specifications in Metric Tons
------------------------------------------------------------------------
Specification 2023
------------------------------------------------------------------------
OFL....................................... Unknown.
ABC....................................... 40,000.
IOY....................................... 38,192.
DAH/DAP................................... 38,192.
------------------------------------------------------------------------
Reaffirmation of 2021-2022 Atlantic Chub Mackerel Specifications
Amendment 21 to the FMP previously implemented chub mackerel
specifications for the 2020-2022 fishing years. The Council reevaluated
these specifications at its June 2022 meeting and decided to make no
adjustments for the 2023-2025 fishing years. This action proposes to
set the previously implemented specifications for 2023 and projects the
same for 2024-2025.
Table 7--Proposed 2023 and Projected 2024-2025 Atlantic Chub Mackerel
Specifications in Metric Tons
------------------------------------------------------------------------
Specification 2023-2025
------------------------------------------------------------------------
ABC..................................................... 2,300
Annual Catch Limit (ACL)................................ 2,262
Annual Catch Target..................................... 2,171
Total Allowable Landings................................ 2,041
------------------------------------------------------------------------
Additional Measures Not Part of the 2023 Mackerel, Squid, and
Butterfish Specifications
In addition to implementing the specifications discussed
previously, this proposed rule would reinstate regulatory text
outlining the eligibility requirements required to issue a Tier 1
longfin squid moratorium permits found at Sec. 648.4(a)(5)(A)(1) and
the requirement to close the directed Illex fishery once a certain
percenatage of the DAH has been landed found at Sec. 648.24(a)(2) that
were inadvertently removed from the Code of Federal Regulations on
January 1, 2023. These changes simply restore the regulatory text that
was removed by mistake by the expiration of a previous action, and
would be made under our administrative authority at section 305(d) of
the Magnuson-Stevens Act.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with the Mackerel, Squid, and Butterfish FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
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 rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The purpose, context, and statutory basis for this action is
described above and not repeated here. Business entities affected by
this action include vessels that are issued limited access chub
mackerel, longfin squid, Illex squid, and butterfish permits. Although
vessels issued open access incidental catch permits for these species
also would be potentially affected by this action, because these
vessels land only small amounts of chub mackerel, squid, and butterfish
and this action would not revise the amount of squid and butterfish
that these vessels can land, these entities would not be affected by
this proposed rule.
Any entity with combined annual fishery landing receipts less than
$11 million is considered a small entity based on standards published
in the Federal Register (80 FR 81194, December 29, 2015). In 2021, 69
separate vessels held commercial limited access Illex permits.
Approximately 55 entities owned those vessels, and based on current SBA
size standards, 49 would be small business entities. In 2021, 33
vessels landed over 10,000 lb (4,536 kg) with total Illex landings
valued at $29.7 million. From 2019-2021 Illex ex-vessel revenues varied
from $25.3-$29.7 million, averaging $28.2 million. The previously
approved Atlantic mackerel, Illex squid, and longfin squid commercial
landing limits would not be changed by this proposed action. Fishing
revenue and, therefore, economic impacts of yearly Mackerel, Squid, and
Butterfish specifications depend upon species availability, which may
change yearly. This action is not expected to have negative impacts on
any participating entities. Mackerel and longfin quotas would be
maintained at status quo. Illex squid specifications would be
maintained at status quo, although the closure threshold would be
lowered from 95 percent to 94 percent to avoid quota overages, which
have occurred in recent years. Still, any landings that could occur up
to the 94 percent closure threshold would be higher than the 2017-2019
quotas. In 2019, landings were only slightly above the landings at the
94 percent threshold, even with the 2019 overage. Avoiding quota
overages also has the long term benefit of avoiding overfishing.
Although butterfish quotas would be slightly reduced, the fishery has
landed less than 75 percent of the DAH for the past several years, and
therefore, the proposed quotas would still allow for a higher harvest
level compared to what the fishery has recently landed.
In determining the significance of the economic impacts of the
proposed action, we considered the following two criteria outlined in
applicable NMFS guidance: Disproportionality and profitability. The
proposed measures would not place a substantial number of small
entities at a significant competitive disadvantage to large entities;
all entities affected by this action would be equally affected.
Accordingly, there are no disproportionate economic effects from this
action between small and large entities. Proposed measures would not
reduce fishing opportunities based on recent squid and butterfish
landings, change any entity's access to these resources, or impose any
costs to affected entities. Therefore, this action would not be
expected to reduce revenues or profit for affected entities compared to
recent levels. Based on the above justification, the proposed action is
not expected to have a significant economic impact on a substantial
number of small entities.
This proposed rule does not contain a change to a collection of
information requirement for purposes of the Paperwork Reduction Act of
1995. The existing collection of information requirements would
continue to apply under the following OMB Control Number: 0648-0229,
Greater Atlantic Region Dealer Purchase Reports. Notwithstanding any
other provision of the law, no person is required to respond to, nor
shall any person be subject to a penalty for failure to comply with, a
collection of information subject to the requirements of the PRA,
unless that collection of information displays a currently valid OMB
Control Number.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Fishery closures and accountability measures.
[[Page 14113]]
Dated: February 27, 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
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. 648.4, add paragraph (a)(5)(i)(A)(1) to read as follows:
Sec. 648.4 Vessel permits.
(a) * * *
(5) * * *
(i) * * *
(A) * * * (1) Tier 1 longfin squid moratorium permit. Beginning in
February 2019, the Regional Administrator shall automatically issue a
Tier 1 longfin squid moratorium permit to any vessel that is issued a
longfin squid/butterfish moratorium permit or eligible to be issued
such a permit held in confirmation of permit history (CPH) during
calendar year 2018 that meets the eligibility criteria in this
paragraph (a)(5)(i)(A)(1). To be eligible for a Tier 1 permit, a vessel
must have been issued a valid longfin squid/butterfish moratorium
permit and landed more than 10,000 lb (4,536 kg) of longfin squid in at
least one calendar year between January 1, 1997, and December 31, 2013.
Fishing history, including for a permit held in confirmation of permit
history, can be used by a vessel to qualify for and be issued a tier 1
longfin squid moratorium permit, provided the Regional Administrator
has determined that the fishing and permit history of such vessel has
been lawfully retained by the applicant. Landings data used in this
qualification must be verified by dealer reports submitted to NMFS. A
vessel that was not automatically issued a Tier 1 longfin squid
moratorium permit may apply for such a permit in accordance with
paragraph (a)(5)(i)(B) of this section.
* * * * *
0
3. In Sec. 648.24, add paragraph (a)(2) to read as follows:
Sec. 648.24 Fishery closures and accountability measures.
(a) * * *
(2) Illex. NMFS shall close the directed Illex fishery in the EEZ
when the Regional Administrator projects that 94 percent of the Illex
DAH is harvested. The closure of the directed fishery shall be in
effect for the remainder of that fishing period, with incidental
catches allowed as specified at Sec. 648.26.
* * * * *
[FR Doc. 2023-04298 Filed 3-6-23; 8:45 am]
BILLING CODE 3510-22-P
