[Federal Register Volume 85, Number 150 (Tuesday, August 4, 2020)]
[Rules and Regulations]
[Pages 47103-47117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15969]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200717-0195]
RIN 0648-BJ16
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Amendment 21
to the Atlantic Mackerel, Squid, and Butterfish Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS approves and implements through regulations measures
included in Amendment 21 to the Atlantic Mackerel, Squid, and
Butterfish Fishery Management Plan, as adopted by the Mid-Atlantic
Fishery Management Council. This action is necessary to establish
conservation and management measures for Atlantic chub mackerel. It is
intended to promote the sustainable utilization and conservation of
Atlantic chub mackerel by integrating this species as a stock in the
fishery under the Atlantic Mackerel, Squid, and Butterfish Fishery
Management Plan. This amendment identifies goals and objectives for
managing Atlantic chub mackerel; specifies status determination
criteria; designates essential fish habitat; establishes a
specifications process; sets annual catch limits for 2020-2022; and
implements accountability measures, possession limits, permitting and
reporting requirements, exempted fisheries, and other administrative
measures for Atlantic chub mackerel
[[Page 47104]]
caught from Maine through North Carolina.
DATES: This final rule is effective September 3, 2020.
ADDRESSES: The Mid-Atlantic Council prepared an environmental
assessment (EA) for Amendment 21 that describes the action and provides
a thorough analysis of the impacts of the measures implemented by this
rule and other alternatives considered. Copies of Amendment 21,
including the EA, the Regulatory Impact Review, and the Regulatory
Flexibility Act analysis, are available from: Christopher Moore,
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201,
800 State Street, Dover, DE 19901. The EA and associated analysis is
accessible via the internet http://www.mafmc.org/supporting-documents.
Copies of the small entity compliance guide prepared for this action
are available from Michael Pentony, Regional Administrator, NMFS,
Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive,
Gloucester, MA 01930-2298, or available on the internet at: https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/.
FOR FURTHER INFORMATION CONTACT: Douglas Christel, Fishery Policy
Analyst, (978) 281-9141.
SUPPLEMENTARY INFORMATION:
Background
The purpose of this action is to establish long-term conservation
and management measures for Atlantic chub mackerel off the U.S.
Atlantic coast by integrating this species as a stock in the fishery
under the Atlantic Mackerel, Squid, and Butterfish Fishery Management
Plan (FMP). The FMP will now be referenced as the Mackerel, Squid, and
Butterfish FMP to reflect the management of two species of mackerel
(Atlantic mackerel and Atlantic chub mackerel). This action is needed
to ensure the sustainability of the targeted Atlantic chub mackerel
fishery, prevent overfishing, and resolve competing interests that have
emerged since landings of Atlantic chub mackerel substantially
increased in 2013. The measures implemented through this final rule
replace temporary measures to regulate Atlantic chub mackerel catch
implemented as part of Amendment 18 to the FMP (82 FR 40721; August 28,
2017). Those temporary measures, including a 1,297-mt annual landing
limit, a 40,000-lb (18-mt) possession limit once the annual landing
limit is reached, and permitting and reporting requirements, became
effective on September 27, 2017, and expire on August 4, 2020.
On March 7, 2019, the Mid-Atlantic Fishery Management Council
(Council) adopted final measures under Amendment 21 to the FMP. The
Council reviewed the proposed regulations to implement these measures,
as drafted by NMFS, and deemed them to be necessary and appropriate, as
specified in section 303(c) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) on December 20,
2019. NMFS published a Notice of Availability (NOA) in the Federal
Register on February 14, 2020 (85 FR 8534), informing the public that
the Council had submitted this amendment to the Secretary of Commerce
for review and approval. NMFS published a proposed rule that summarized
the background for this action and outlined regulations implementing
measures approved by the Council, corrections to existing regulations,
and new Atlantic chub mackerel fishery exemptions proposed by the
Regional Administrator (Item 13 of this preamble) on March 9, 2020 (85
FR 13603). The public comment period for the proposed rule ended on
April 8, 2020, while NOA comments were accepted through April 14, 2020.
After considering public comment on both the NOA and proposed rule,
NMFS approved Amendment 21 on May 4, 2020.
Approved Measures
NMFS approved all measures proposed in Amendment 21, as described
below. For a more detailed description of each measure, see the
proposed rule prepared for this action.
1. Goals and Objectives
This action adds goals and objectives specific to managing Atlantic
chub mackerel to the FMP's current list of goals and objectives. NMFS
will use the following goals and objectives to evaluate if changes to
Atlantic chub mackerel management measures are consistent with the FMP
when deciding whether to approve a future management action:
Goal 1: Maintain a sustainable Atlantic chub mackerel
stock.
[cir] Objective 1.1: Prevent overfishing and achieve and maintain
sustainable biomass levels that achieve optimum yield in the fisheries
and meet the needs of Atlantic chub mackerel predators.
[cir] Objective 1.2: Consider and account for, to the extent
practicable, the role of Atlantic chub mackerel in the ecosystem,
including its role as prey, as a predator, and as food for humans.
Goal 2: Optimize economic and social benefits from
utilization of chub mackerel, balancing the needs and priorities of
different user groups.
[cir] Objective 2.1: Allow opportunities for commercial and
recreational Atlantic chub mackerel 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.
[cir] Objective 2.2: To the extent practicable, minimize additional
limiting restrictions on the Illex squid fishery.
[cir] Objective. 2.3: Balance social and economic needs of various
sectors of the Atlantic chub mackerel fisheries (e.g., commercial,
recreational, regional) and other fisheries, including recreational
fisheries for highly migratory species.
Goal 3: Support science, monitoring, and data collection
to enhance effective management of Atlantic chub mackerel fisheries.
[cir] Objective 3.1: Improve data collection to better understand
the status of the Atlantic chub mackerel stock, the role of Atlantic
chub mackerel in the ecosystem, and the biological, ecological, and
socioeconomic impacts of management measures, including impacts to
other fisheries.
[cir] Objective 3.2: Promote opportunities for industry
collaboration on research.
2. Designation of Essential Fish Habitat
This action defines Atlantic chub mackerel essential fish habitat
(EFH) as follows:
Eggs: Pelagic waters throughout the exclusive economic
zone (EEZ) from North Carolina to Texas, including intertidal and
subtidal areas, at temperatures of 15-25 [deg]C;
Larvae: Pelagic waters throughout the EEZ from North
Carolina to Texas, including intertidal and subtidal areas, at
temperatures of 15-30 [deg]C; and
Juveniles and adults: Pelagic waters throughout the EEZ
from Maine to Texas, including intertidal and subtidal areas, at
temperatures of 15-30 [deg]C.
3. Management Unit
The Atlantic Chub Mackerel Management Unit is defined as Federal
waters from Maine to North Carolina. Management measures, including the
permitting and reporting requirements, possession limits, annual catch
limit (ACL), and accountability measures (AM) discussed below only
apply to vessels operating within the Atlantic Chub Mackerel Management
Unit. Annual estimates of expected Atlantic chub mackerel catch from
South Carolina through the east coast of Florida (i.e., the area
outside of the
[[Page 47105]]
management unit, but within the geographic area over which the
acceptable biological catch (ABC) applies) will be deducted from the
overall Atlantic chub mackerel ABC, as discussed further below under
Item 6 of this preamble (the specifications process).
4. Status Determination Criteria
Under this action, overfishing is assumed to have occurred if more
than 3,026 mt (6,671,188 lb) of Atlantic chub mackerel are caught from
Maine through the east coast of Florida in a given year. This will
serve as the Atlantic chub mackerel overfishing limit (OFL). If catch
exceeds the OFL in 3 consecutive years, then the stock would be
presumed to be overfished and the Council would need to develop a
rebuilding plan. These status determination criteria will remain in
effect until updated criteria are available based on an accepted stock
assessment.
5. Optimum Yield and Maximum Sustainable Yield
This action sets Atlantic chub mackerel optimum yield (OY) and
maximum sustainable yield (MSY) equal to the ABC (2,300 mt, or 5.07
million lb) until otherwise revised by the Council. Based on available
information, the Council may set OY equal to or less than the ABC in
future years through the specifications process described in the next
section of this preamble.
6. Specifications Process
The annual specifications process used for other species managed
under the FMP, as described at 50 CFR 648.22, also applies to Atlantic
chub mackerel. Specifications could be set for up to 3 years at a time,
subject to annual review. Under this action, all Atlantic chub mackerel
catch counts towards one catch limit for the entire fishery; there is
no separation of catch limits into commercial and recreational
components. The Atlantic chub mackerel ABC, management uncertainty,
discard estimate, and expected Atlantic chub mackerel catch from South
Carolina through Florida could be adjusted through the specifications
process.
As part of this process, the Council's Scientific and Statistical
Committee (SSC) will recommend a stock-wide ABC that must be equal to
or less than the OFL after considering scientific uncertainty. Each
year, the Monitoring Committee will review fishery catch, survey data,
and other available information to provide the Council with the
following recommendations:
An ACL that is calculated by deducting an estimate of
expected catch from South Carolina through the east coast of Florida
from the ABC;
An overall annual catch target (ACT) that is equal to or
less than the ACL to account for management uncertainty related to the
ability of management measures to constrain catch and prevent the ACL
from being exceeded; and
A total allowable landing (TAL) limit derived by
subtracting an estimate of expected dead discards from the ACT.
7. Final 2020 and Projected 2021-2022 Specifications
Table 1 summarizes the final Atlantic chub mackerel specifications
for 2020 and projected specifications for 2021 and 2022 based on a
fishing year that runs from January 1 through December 31 of each year.
The 2,261.7-mt (4,986,132-lb) ACL results from deducting an estimate of
South Carolina--Florida catch (38.3 mt or 84,500 lb) from the ABC.
Deducting a 4-percent management uncertainty buffer from the ACL
results in a 2,171.2-mt (4,786,687-lb) ACT for catch from Maine through
North Carolina. Deducting a 6-percent discard estimate from the ACT
results in a 2,040.9-mt (4,499,486-lb) TAL. As noted above, these
specifications will be evaluated annually, and the Monitoring Committee
could recommend adjustments to South Atlantic catch, management
uncertainty, and discard rates based on updated data.
Table 1--Final 2020 and Projected 2021-2022 Atlantic Chub Mackerel
Specifications
------------------------------------------------------------------------
Specification mt lb
------------------------------------------------------------------------
ABC..................................... 2,300 5,070,632
ACL..................................... 2,261.7 4,986,132
ACT..................................... 2,171.2 4,786,687
TAL..................................... 2,040.9 4,499,486
------------------------------------------------------------------------
8. Possession Limits
At the beginning of each fishing year, all commercial vessels and
recreational anglers are not subject to a possession limit for Atlantic
chub mackerel. As Atlantic chub mackerel landings approach the TAL,
NMFS will implement more restrictive commercial vessel possession
limits through the AMs detailed in the next section of this preamble.
9. Accountability Measures
This action implements two in-season AMs and one post-season AM. To
prevent the Atlantic chub mackerel ACT from being exceeded, NMFS will
implement an 18.1-mt (40,000-lb) commercial vessel possession limit
once 90 percent of the TAL is landed and a 4.5-mt (10,000-lb)
possession limit once 100 percent of the TAL is landed. If the ACL is
exceeded based on total catch by both the commercial and recreational
fisheries within the Management Unit, NMFS will reduce the ACT by the
amount of the overage as soon as possible in a subsequent fishing year.
10. Permit and Reporting Requirements
Any vessel fishing for, possessing, landing, or selling Atlantic
chub mackerel from the Atlantic Chub Mackerel Management Unit must be
issued either a valid Federal commercial or party/charter permit for
any species managed by the FMP (Atlantic mackerel, Illex squid, longfin
squid, or butterfish). The operator of any such commercial vessel
fishing must obtain and retain on board a valid operator permit issued
by the Greater Atlantic Regional Fisheries Office (GARFO). Similarly, a
dealer purchasing and selling Atlantic chub mackerel must obtain a
valid seafood dealer permit issued for these same species from GARFO.
Finally, vessel operators must report the catch of Atlantic chub
mackerel weekly on existing vessel trip reports (VTR, or logbooks) and
comply with any applicable vessel monitoring system (VMS) declaration
and reporting requirements for commercial vessels issued a permit under
the FMP. Dealers purchasing Atlantic chub mackerel must report such
purchases via existing weekly dealer reports.
11. Transit Provision
A vessel issued a Federal commercial fishing permit from GARFO that
[[Page 47106]]
possesses Atlantic chub mackerel in excess of the proposed possession
limits may transit the Management Unit in certain circumstances.
Transit through the Management Unit is allowed provided Atlantic chub
mackerel was harvested outside of the Atlantic Chub Mackerel Management
Unit and all gear is stowed and not available for immediate use.
12. Administrative Measures
The Council's current ABC control rule and risk policy documented
in the regulations at Sec. Sec. 648.20 and 21, respectively, now apply
to Atlantic chub mackerel, along with the standardized bycatch
reporting methodology regulations specified at Sec. 648.18. This
action clarifies that any changes to Atlantic chub mackerel measures
must be made through an FMP amendment and cannot be made through the
framework adjustment process outlined in Sec. 648.25.
13. Exemption From Northeast Multispecies Mesh Requirements
This final rule adds Atlantic chub mackerel to the species
exemption specified at Sec. 648.80(b)(3)(i) and creates a new Atlantic
chub mackerel fishery exemption at Sec. 648.80(c)(5)(iii). These
revisions exempt vessels from the Georges Bank and Southern New England
(SNE) Regulated Mesh Area gear restrictions and allow vessels to fish
for, harvest, possess, and land Atlantic chub mackerel when using
small-mesh gear within both the SNE and Mid-Atlantic Exemption Areas
defined at Sec. Sec. 648.80(b)(10) and 648.80(c)(5)(i), respectively.
Vessel operators must comply with the Mackerel, Squid, and Butterfish
FMP gear restrictions and possession limits specified at Sec. Sec.
648.23 and 26, respectively, along with the possession restrictions for
other species outlined in Sec. 648.80(b)(3)(ii).
NMFS consulted with the New England Council about these proposed
changes to exempted fishing regulations on April 14, 2020, as required
by the current regulations at Sec. 648.80(b)(8). The New England
Council considered information regarding the bycatch of regulated
groundfish species by vessels that catch more than incidental amounts
of Atlantic chub mackerel, including vessels targeting Illex squid. As
summarized in the proposed rule and in the EA prepared for this action,
available information indicates the bycatch of regulated groundfish
species by vessels catching Atlantic chub mackerel is minimal. Despite
expressing some concern regarding the limited data available on
Atlantic chub mackerel trips, the New England Council did not oppose
the proposed changes to exempted fisheries to facilitate the Atlantic
chub mackerel fishery. The Regional Administrator determined that this
information is sufficient to demonstrate bycatch levels are below
thresholds for authorizing exempted fisheries, and that the exemptions
implemented by this final rule would not jeopardize fishing mortality
objectives of the Northeast Multispecies FMP.
14. Corrections
References to ``mackerel'' are revised to reference Atlantic
mackerel throughout part 648 when appropriate; references to ``squid''
are revised to ``Illex squid'' and ``longfin squid'' when appropriate;
and references to the ``Atlantic Mackerel, Squid, and Butterfish'' FMP
or associated entities such as the Monitoring Committee are revised to
the more general ``Mackerel, Squid, and Butterfish'' reference that is
inclusive of both Atlantic mackerel and Atlantic chub mackerel.
Existing regulations at Sec. Sec. 648.4(a)(5)(v) and 648.14(g)(4)
are revised to make such text consistent with similar text for other
fisheries and to incorporate Atlantic chub mackerel.
In Sec. 648.4(a)(15), revisions to existing text ensure that a
commercial fishing vessel must be issued a Federal permit for any
commercial fishery of the Northeastern United States under part 648
instead of a specific forage species permit under Sec. 648.4(a)(15),
which does not actually exist.
In Sec. Sec. 648.5 and 6, revisions to existing text ensure that
the vessel operator and dealer permit requirements adopted by the
Council under Amendment 18 are reflected in these sections.
In Sec. 648.22, paragraph (a)(2) is revised to spell out the first
use of the term ``annual catch limit'' and ``annual catch target.''
In Sec. Sec. 648.22(a)(2), 648.22(b)(3)(v), 648.23(a)(2)(ii), and
648.24(c)(3), references to the butterfish ``mortality'' cap are
revised to the butterfish ``discard'' cap upon the request of Council
staff to more accurately reflect how such measures are implemented.
Similarly, references to the Atlantic mackerel Tier 3 ``allocation'' in
Sec. Sec. 648.22(a)(3), 648.22(b)(2)(iv)(A), 648.22(c)(6),
648.24(b)(1)(i)(B), and Sec. Sec. 648.26(a)(1)(iii) and (a)(2)(i)(B)
are revised to reference ``catch cap'' instead.
Comments and Responses
During the public comment periods for the NOA and the proposed rule
for this amendment, we received 5 comment letters from 6 individuals
and organizations, including a letter from Pew Charitable Trusts (Pew)
referencing 14,957 form letters submitted before final Council adoption
of this action. All comments generally supported integrating this
species into the FMP, but specific comments opposed setting OY equal to
the ABC and certain deductions for setting catch levels, as detailed
below. The following discussion summarizes the issues raised in the
comments that were relevant to this action and associated NMFS's
responses. Please note that, pursuant to section 304(a)(3) of the
Magnuson-Stevens Act, when NMFS considers the responses to comments,
NMFS may only approve or disapprove measures proposed in a FMP
amendment, and may not change or substitute any measure in a
substantive way.
Comment 1: Pew supported implementing conservation and management
measures for Atlantic chub mackerel by integrating this species into
the FMP, suggesting the Council take a precautionary approach to
managing this species until sufficient scientific information is
available to understand this species' role in the ecosystem. A joint
letter from Wild Oceans and Conservation Law Foundation (Wild Oceans/
CLF) noted this action demonstrates the Council's commitment to
implementing its Ecosystem Approach to Fisheries Management policies by
maintaining an adequate forage base to support ecosystem productivity.
Lund's Fisheries Incorporated suggested the Council should collect data
to better understand the stock throughout its range, including in the
Gulf of Mexico and in waters outside of U.S. jurisdiction, to estimate
the potential of the stock as ocean temperatures rise.
Response: This final rule implements Atlantic chub mackerel
conservation and management measures based on the best scientific
information available and integrates this species into the renamed
Mackerel, Squid, and Butterfish FMP. As more information becomes
available, the Council can revise such measures as appropriate.
Comment 2: Wild Oceans/CLF suggested the list of goals and
objectives are comprehensive and appropriate, reflecting the role the
species plays as prey for predators. Lund's and SeaFreeze Limited
supported Objectives 2.1 and 2.2, indicating their vessels need
operational flexibility and depend on access to the Illex squid
fishery.
Response: This final rule implements the goals and objectives, as
proposed.
Comment 3: Lund's and SeaFreeze supported EFH designations for all
life history stages. Wild Oceans/CLF
[[Page 47107]]
indicated that EFH should be based on the best scientific information
available and that the proposed broad designations limit effective
targeted conservation efforts. They suggest more information is needed
on spatial/temporal interactions with predators to inform predator EFH
and identify multispecies habitat areas of particular concern. Pew
stated that EFH information is limited and should be augmented to
accurately determine EFH for all life stages, including spawning times/
locations.
Response: The Atlantic chub mackerel EFH designations implemented
in this action are based on the best scientific information available
and encompass the breadth of known distribution of all life stages for
this species. EFH designations can be revised through a future action
if additional information becomes available to more precisely define
EFH for particular life stages. The Council considered depth-specific
EFH designations, but adopted more general definitions to include a
broader area due to the limited information available for this species.
The Council has funded efforts to collect additional information on
Atlantic chub mackerel predation by other species, but that information
is not currently available. Because identifying predator EFH and
multispecies habitat areas of particular concern are beyond the scope
of this action and were not considered by the Council, this final rule
implements only the proposed Atlantic chub mackerel EFH designations.
Comment 4: Wild Oceans/CLF suggested the Atlantic Chub Mackerel
Management Unit should extend to the east coast of Florida consistent
with the SSC's recommendation for the ABC. They state this would give
the Council the authority to regulate Atlantic chub mackerel throughout
its range consistent with an ecosystem-based approach to managing the
species. They suggested the proposed Management Unit leaves the stock
unmanaged south of North Carolina, stating that it is important to
manage a species throughout its range due to climate change. Lund's and
SeaFreeze supported the proposed Management Unit.
Response: Atlantic chub mackerel landings south of North Carolina
all occurred in Florida and accounted for only 0.3 percent of total
east coast landings from 1999-2018. Consistent with the National
Standard 3 Guidelines at Sec. 600.320, the Council determined that
such catch was immaterial to proper management, and that excluding
those states from the Management Unit would not impair the Council's
ability to sustainably manage the stock or meet the FMP goals and
objectives. Atlantic chub mackerel catch south of North Carolina is
accounted for through the deduction of estimated catch from South
Carolina through the east coast of Florida from the ABC as part of the
specifications process. The Council can adjust this catch estimate if
catch exceeds the current estimate to ensure total catch does not
exceed the ABC specified by the SSC. If the stock shifts due to climate
change, it will likely move north due to warming waters, which would
result in a greater portion of the stock covered by the Management
Unit. Based on the above, this final rule implements the proposed
Atlantic Chub Mackerel Management Unit.
Comment 5: One member of the public suggested that Atlantic chub
mackerel is subject to overfishing and that the catch limit (presumably
ABC) should be reduced to 1,200 mt. Lund's supported the proposed
2,300-mt ABC, recommending the SSC should continue to evaluate the
potential to increase the ABC in the future. PEW indicated the ABC
should not exceed the 2,300-mt ABC recommended by the SSC.
Response: This final rule implements an Atlantic chub mackerel ABC
of 2,300 mt, as recommended by the Council's SSC. In July 2018, the
Council's SSC concluded that catch levels similar to those recently
observed are unlikely to result in overfishing based on expert
judgement that the low fishery capacity in this region and generally
high productivity of this species in fisheries throughout the world.
The SSC noted that it may recommend a lower future ABC if fishing under
a 2,300-mt ABC proves too risky to the stock. Any adjustment to the
ABC, including both increases and decreases recommended by the SSC and
adopted by the Council, could be implemented through a future action.
Comment 6: Pew and Wild Oceans/CLF opposed setting Atlantic chub
mackerel OY equal to MSY and ABC. Citing National Standard 1 Guidelines
and the Council's Ecosystem Approaches to Fisheries Management Guidance
Document, they indicated that the Council should set OY lower than the
ABC to account for the role this species plays as forage within the
ecosystem. Wild Oceans/CLF noted that such guidance suggests that OY
should be set further from MSY when MSY estimates and management
controls are lacking or unavailable. They also recalled that the SSC's
ABC recommendation did not include ecosystem considerations. They
opposed the argument that forage/ecosystem importance has to be
quantified by highlighting that krill OY was set to zero in the Coastal
Pelagic Species FMP in the Pacific without any quantitative basis. Pew
recommended the Council consider the benefits of protecting Atlantic
chub mackerel beyond food production and evaluate tradeoffs between the
value of chub mackerel as forage for other predators and maintaining
trophic balance against their market value. Wild Oceans/CLF indicated
that OY should be set at 2.86 million lb (1,297 mt) consistent with the
annual landings limit set by Amendment 18.
Response: In recommending an ABC, the SSC noted that there is
insufficient information on predatory mortality and the role of
Atlantic chub mackerel in predator diets to recommend an OY lower than
the ABC. The Council acknowledged this deficiency and funded a study to
determine the importance of Atlantic chub mackerel to the diets of
recreationally-important highly migratory species. This study is
expected to be presented to the Council at its August 2020 meeting and
could inform future decisions on the appropriate level for which to set
OY. Absent information to inform the Council's decision, the Council
had no basis for which to set OY lower than the ABC specific to
Atlantic chub mackerel's role as forage for other species. The Council
considered setting OY at 1,472 mt (3.25 million lb), which would
achieve a 1,293 mt (2.85 million lb) TAL similar to temporary measures.
However, the Council did not adopt this alternative because it was not
supported by analysis or evidence that the foregone yield would result
in notable ecosystem benefits. Further, setting OY at a level below ABC
without sufficient justification for that lower level would be
inconsistent with National Standard 2 of the Magnuson-Stevens Act
requirement to use the best scientific information available. Based on
the above, this final rule sets Atlantic chub mackerel OY equal to the
ABC, as proposed.
Comment 7: Both Lund's and SeaFreeze opposed deductions for
Atlantic chub mackerel catch from South Carolina through Florida,
stating the catch is negligible and outside of the Management Unit.
Lund's also opposed the 4-percent management uncertainty buffer in
setting the ACL, stating that it is unnecessary given the low
likelihood of overfishing this species. Lund's supported not separating
commercial and recreational catch at this time, suggesting that
recreational catch could be used as an indicator of stock abundance
trends. Citing concerns that the stock was overfished, one member of
the public recommended that the
[[Page 47108]]
maximum catch (presumably TAL) should be set at 1,000 mt.
Response: As noted in the response to Comment 4, it is necessary to
deduct catch from South Carolina through Florida to fully account for
all catch under the ABC. This deduction can be revised during the
annual specifications process. Due to concerns regarding accurate
species identification and under-reporting, the Council adopted a 4-
percent management uncertainty buffer to reduce the likelihood that the
ACL would be exceeded. The Council noted there is uncertainty about how
the fishery would respond to management measures adopted in this action
because they have never been used to constrain Atlantic chub mackerel
catch previously. Historically, recreational landings have been less
than 1e percent of total Atlantic chub mackerel landings, and discards
are not well quantified in part based on difficulty differentiating
mackerel species. The Council did not adopt separate commercial and
recreational ACLs because recreational fishery sub-ACL would be quite
small, difficult to monitor, and be based on uncertain data. Finally,
as discussed above, the SSC does not think that recent catch levels
would result in overfishing this stock. Based on the above, this final
rule implements the 2020 and projected 2021-2022 catch limits as
proposed, including a 4-percent management uncertainty buffer and one
ACL that applies to both commercial and recreational catch.
Comment 8: Lund's and SeaFreeze supported the proposed possession
limits, but one member of the public suggested that an 18,000-lb (8.16-
mt) possession limit is sufficient without offering any explanation.
Response: This final rule implements the proposed possession
limits, including those implemented as an AM. The Council did not
consider an 18,000-lb (8.16-mt) possession limit and we cannot
implement such a limit through this final rule. The Council can
consider revising the possession limit through a future action,
including via annual specifications.
Comment 9: Wild Oceans/CLF and SeaFreeze supported the proposed
status determination criteria, with the former noting that alternative
methods for developing these criteria are appropriate given the poor
nature of existing science for Atlantic chub mackerel. Lund's,
SeaFreeze, and Pew supported the proposed permit and reporting
requirements, with Pew recommending collecting tow-by-tow information.
Lund's and SeaFreeze supported the transiting provision, indicating
that the flexibility is necessary to allow vessels to continue historic
operations targeting Atlantic chub mackerel outside of the Management
Unit. Lund's supported fishery/species exemptions for Atlantic chub
mackerel, administrative measures, and corrections to existing
regulations.
Response: This final rule implements the proposed status
determination criteria, permitting and reporting requirements, transit
provision, administrative measures, fishery/species exemptions for
Atlantic chub mackerel, and regulatory corrections. This rule does not
implement tow-by-tow data collections. Although the Council's Fishery
Management Action Team noted that more information is needed to support
the management of Atlantic chub mackerel and understand its role in the
ecosystem, it did not recommend the Council adopt tow-by-tow reporting
at this time. Because such reporting was not adopted by the Council and
the commenter did not provide sufficient justification to warrant the
increased time and cost burden to the public, this action implements
the reporting requirements as proposed.
Changes From the Proposed Rule
This final rule revises the introductory text in Sec.
648.7(b)(1)(i) to accommodate regulatory changes made by a final rule
implementing Amendment 6 to the Tilefish Fishery Management Plan (RIN
0648-BJ38). Reference to the expiration of temporary Atlantic chub
mackerel measures on December 31, 2020, included in that paragraph are
removed by this final rule. The paragraph header ``Jigging exemption''
was removed from Sec. 648.23(a)(2)(ii) to maintain consistent format
with paragraph (a)(2)(i) of that section which does not have a
paragraph header.
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 Amendment 21 to the Atlantic Mackerel, Squid, and
Butterfish FMP, other provisions of the Magnuson-Stevens Act, and other
applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866. This final rule is not an Executive
Order 13771 regulatory action because this rule is not significant
under Executive Order 12866.
A final regulatory flexibility analysis (FRFA) was prepared. The
FRFA incorporates the Initial Regulatory Flexibility Act (IRFA)
analysis, a summary of the significant issues raised by the public
comments in response to the IRFA, NMFS responses to those comments, and
a summary of the analyses completed in the Amendment 21 EA to support
the action. The proposed rule for this action includes a summary of the
IRFA. A description of why this action was considered, the objectives
of and the legal basis for this rule is contained in Amendment 21 and
in the preambles to the proposed and this final rule. All of the
documents that constitute the FRFA are available from NMFS (see
ADDRESSES).
Summary of the Significant Issues Raised by Public Comments in Response
to the IRFA. A Summary of the Assessment of the Agency of Such Issues,
and a Statement of Any Changes Made From the Proposed Rule as a Result
of Such Comments
The public did not raise any significant issues in response to the
IRFA, so no changes were made from the proposed rule.
Description and Estimate of the Number of Small Entities to Which This
Final Rule Would Apply
For the purposes of the Regulatory Flexibility Act (RFA) analysis,
the ownership entities (or firms), not the individual vessels, are
considered to be the regulated entities. Ownership entities are defined
as those entities or firms with common ownership personnel as listed on
the permit application. Because of this, some vessels with Federal
Atlantic mackerel, longfin squid, Illex squid, or butterfish permits
may be considered to be part of the same firm because they may have the
same owners. The North American Industry Classification System (NAICS)
is the standard used by Federal statistical agencies in classifying
business establishments for the purpose of collecting, analyzing, and
publishing statistical data related to the U.S. business economy. For
purposes of the RFA, a business primarily engaged in commercial fishing
activity is classified as a small business if it has combined annual
gross receipts not in excess of $11 million (NAICS 11411) for all its
affiliated operations worldwide. A business primarily engaged in for-
hire (charter/party) operations is characterized as annual gross
receipts not in excess of $7.5 million. To identify these small and
large firms, vessel ownership data from the permit database were
grouped according to common owners and sorted by size. The current
ownership data set used to determine the size of the business entity
[[Page 47109]]
in this analysis is based on calendar years 2015-2017.
This action affects any commercial or party/charter vessel that
catches Atlantic chub mackerel from Maine through North Carolina.
Although there is the possibility that a vessel historically caught
Atlantic chub mackerel without being issued a Federal permit, the
number of such vessels is likely less than 10 based on dealer data.
Therefore, for the purposes of this analysis, any vessel that reported
any amount of Atlantic chub mackerel landings on VTRs submitted to
GARFO during 2008-2017 would be potentially affected by this action.
Based on this approach, 86 commercial fishing entities would be
affected by this action, 85 of which (99 percent) were categorized as
small business entities using the definition specified above. From
2015-2017, these entities averaged $1,343,855 in annual revenue from
commercial fishing. Fewer than three entities depended upon Atlantic
chub mackerel from more than 1 percent of total fishing revenues during
2015-2017. Seventy-seven party/charter entities would be affected by
this action, all of which were classified as small businesses. These
entities averaged $316,860 in annual fishing revenues during 2015-2017,
with dependence on Atlantic chub mackerel assumed to be low based on
available information and public input. Therefore, due to potential
overlap between vessels conducting both party/charter and commercial
operations, a maximum of 163 entities would be affected by this action,
nearly all of which are small entities.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of This Proposed Rule
This final rule contains a collection-of-information requirement
subject to the Paperwork Reduction Act (PRA) and which has been
approved by the Office of Management and Budget (OMB) under control
number 0648-0202. The proposed rule included reference to the burdens
associated with vessel logbook reports under OMB control number 0648-
0212. However, because we ultimately did not change logbook information
collections or associated instructions, this final rule removes
reference to that information requirement. Public reporting burden for
these collections of information, including the time for reviewing
instructions, searching existing data sources, gathering and
maintaining the data needed, and completing and reviewing the
collection of information, are estimated to average, as follows:
1. Initial Federal vessel permit application, OMB# 0648-0202, (45
minutes/response);
2. Initial Federal dealer permit application, OMB# 0648-0202, (15
minutes/response); and
3. Initial Federal operator permit application, OMB# 0648-0202, (60
minutes/response).
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to 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.
Description of Steps the Agency Has Taken To Minimize the Significant
Economic Impact on Small Entities Consistent With the Stated Objectives
of Applicable Statues
As noted in the proposed rule, although the no-action alternatives
for most measures in this action would minimize adverse economic
impacts, they do not meet the objectives for this action and would not
be consistent with the Magnuson-Stevens Act. This final rule implements
long-term measures that enable fishery participants to catch Atlantic
chub mackerel at or close to their historic levels, with the TAL
implemented by this action representing a 57-percent increase compared
to the temporary landing limit implemented by Amendment 18. This action
reduces the Atlantic chub mackerel ABC by 84,500 lb (38.3 mt) to fully
account for the expected Atlantic chub mackerel catch (landings plus
discards) from South Carolina through Florida based on historic data.
Similarly, the 6-percent discard rate implemented by this action
reflects the long-term discard estimates from available observer data.
These measures are necessary to ensure the fishery does not exceed the
overall Atlantic chub mackerel ABC and ACL, minimize the potential for
overfishing this stock, and prevent overfishing from occurring, as
required by the Magnuson-Stevens Act.
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, we prepared a letter to permit holders that
also serves as small entity compliance guide (the guide). Copies of the
guide (i.e., permit holder letter) will be sent to all entities issued
a longfin squid, Illex squid, Atlantic mackerel, or butterfish permit.
The guide and this final rule are available upon request from the
Regional Administrator (see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: July 17, 2020.
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. 648.1, revise paragraph (a) to read as follows:
Sec. 648.1 Purpose and scope.
(a) This part implements the fishery management plans (FMPs) for
the Atlantic mackerel, Atlantic chub mackerel, longfin squid, Illex
squid, and butterfish fisheries (Mackerel, Squid, and Butterfish FMP);
Atlantic salmon (Atlantic Salmon FMP); the Atlantic sea scallop fishery
(Scallop FMP); the Atlantic surfclam and ocean quahog fisheries
(Atlantic Surfclam and Ocean Quahog FMP); the NE multispecies and
monkfish fisheries ((NE Multispecies FMP) and (Monkfish FMP)); the
summer flounder, scup, and black sea bass fisheries (Summer Flounder,
Scup, and Black Sea Bass FMP); the Atlantic bluefish fishery (Atlantic
Bluefish FMP); the Atlantic herring fishery (Atlantic Herring FMP); the
spiny dogfish fishery (Spiny Dogfish FMP); the Atlantic deep-sea red
crab fishery (Deep-Sea Red Crab FMP); the golden and blueline tilefish
fisheries (Tilefish FMP); and the NE skate complex fisheries (Skate
FMP). These FMPs and the regulations in this part govern the
conservation and management of the above named fisheries of the
Northeastern United States.
* * * * *
0
3. Amend Sec. 648.2 by:
0
a. Revising the definition of ``Atlantic mackerel'';
0
b. Adding in alphabetical order the definition of ``Atlantic Chub
Mackerel Management Unit'';
[[Page 47110]]
0
c. Removing the definition of ``Atlantic Mackerel, Squid, and
Butterfish Monitoring Committee''; and
0
d. Revising the definition of ``Council'';
0
e. Adding in alphabetical order the definition of ``Mackerel, Squid,
and Butterfish Monitoring Committee''.
The additions and revisions read as follows:
Sec. 648.2 Definitions.
* * * * *
Atlantic Chub Mackerel Management Unit means an area of the
Atlantic Ocean in which the United States exercises exclusive
jurisdiction over all Atlantic chub mackerel fished for, possessed,
caught, or retained in or from that is bounded on the west and north by
the coastline of the United States; bounded on the east by the outer
limit of the U.S. EEZ; and bounded on the south by a line following the
lateral seaward boundary between North Carolina and South Carolina from
the coast to the Submerged Lands Act line, approximately
33[deg]48'46.37'' N lat., 78[deg]29'46.46'' W long., and then heading
due east along 33[deg]48'46.37'' N lat. to the outer limit of the U.S.
Exclusive Economic Zone.
* * * * *
Atlantic mackerel means Scomber scombrus.
* * * * *
Council means the New England Fishery Management Council (NEFMC)
for the Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red
crab, NE multispecies, monkfish, and NE skate fisheries; or the Mid-
Atlantic Fishery Management Council (MAFMC) for the Atlantic mackerel,
Atlantic chub mackerel, Illex squid, longfin squid, and butterfish;
Atlantic surfclam and ocean quahog; summer flounder, scup, and black
sea bass; spiny dogfish; Atlantic bluefish; and tilefish fisheries.
* * * * *
Mackerel, Squid, and Butterfish Monitoring Committee means the
committee made up of staff representatives of the MAFMC and the NEFMC,
and the Greater Atlantic Regional Fisheries Office and NEFSC of NMFS.
The MAFMC Executive Director or a designee chairs the Committee.
* * * * *
0
4. Amend Sec. 648.4, by revising paragraph (a)(5) introductory text,
paragraphs (a)(5)(iii)(B), (C), (H), (I), (v), (15), and (c)(2)(vii) to
read as follows:
Sec. 648.4 Vessel permits.
* * * * *
(a) * * *
(5) Mackerel, squid, and butterfish vessels. Any vessel of the
United States, including party and charter vessels, that fishes for,
possesses, or lands Atlantic mackerel, Illex squid, longfin squid, or
butterfish in or from the EEZ or Atlantic chub mackerel in or from the
EEZ portion of the Atlantic Chub Mackerel Management Unit must have
been issued and carry on board a valid Federal mackerel, squid, or
butterfish vessel permit pursuant to this paragraph (a)(5).
* * * * *
(iii) * * *
(B) Limited access mackerel permits. A vessel of the United States
that fishes for, possesses, or lands more than 20,000 lb (7.46 mt) of
Atlantic mackerel per trip, except vessels that fish exclusively in
state waters for Atlantic mackerel, must have been issued and carry on
board one of the limited access Atlantic mackerel permits described in
paragraphs (a)(5)(iii)(B)(1) through (3) of this section, including
both vessels engaged in pair trawl operations.
(1) Tier 1 Limited Access Atlantic Mackerel Permit. A vessel may
fish for, possess, and land Atlantic mackerel not subject to a trip
limit, provided the vessel qualifies for and has been issued this
permit, subject to all other regulations of this part.
(2) Tier 2 Limited Access Atlantic Mackerel Permit. A vessel may
fish for, possess, and land up to 135,000 lb (50 mt) of Atlantic
mackerel per trip, provided the vessel qualifies for and has been
issued this permit, subject to all other regulations of this part.
(3) Tier 3 Limited Access Atlantic Mackerel Permit. A vessel may
fish for, possess, and land up to 100,000 lb (37.3 mt) of Atlantic
mackerel per trip, provided the vessel qualifies for and has been
issued this permit, subject to all other regulations of this part.
(C) Eligibility criteria for Atlantic mackerel permits. To be
eligible to apply for a Tier 1, Tier 2, or Tier 3 limited access
Atlantic mackerel permit to fish for and retain Atlantic mackerel in
excess of the incidental catch allowance in paragraph (a)(5)(vi) of
this section in the EEZ, a vessel must have been issued a Tier 1, Tier
2, or Tier 3 limited access Atlantic mackerel permit, as applicable,
for the preceding year, be replacing a vessel that was issued a limited
access permit for the preceding year, or be replacing a vessel that was
issued a confirmation of permit history.
* * * * *
(H) Vessel baseline specification. (1) In addition to the baseline
specifications specified in paragraph (a)(1)(i)(H) of this section, the
volumetric fish hold capacity of a vessel at the time it was initially
issued a Tier 1 or Tier 2 limited access Atlantic mackerel permit will
be considered a baseline specification. The fish hold capacity
measurement must be certified by one of the following qualified
individuals or entities: An individual credentialed as a Certified
Marine Surveyor with a fishing specialty by the National Association of
Marine Surveyors (NAMS); an individual credentialed as an Accredited
Marine Surveyor with a fishing specialty by the Society of Accredited
Marine Surveyors (SAMS); employees or agents of a classification
society approved by the Coast Guard pursuant to 46 U.S.C. 3316(c); the
Maine State Sealer of Weights and Measures; a professionally-licensed
and/or registered Marine Engineer; or a Naval Architect with a
professional engineer license. The fish hold capacity measurement
submitted to NMFS as required in this paragraph (a)(5)(iii)(H)(1) must
include a signed certification by the individual or entity that
completed the measurement, specifying how they meet the definition of a
qualified individual or entity.
(2) If an Atlantic mackerel CPH is initially issued, the vessel
that provided the CPH eligibility establishes the size baseline against
which future vessel size limitations shall be evaluated, unless the
applicant has a vessel under contract prior to the submission of the
Atlantic mackerel limited access application. If the vessel that
established the CPH is less than 20 ft (6.09 m) in length overall, then
the baseline specifications associated with other limited access
permits in the CPH suite will be used to establish the Atlantic
mackerel baseline specifications. If the vessel that established the
CPH is less than 20 ft (6.09 m) in length overall, the limited access
Atlantic mackerel eligibility was established on another vessel, and
there are no other limited access permits in the CPH suite, then the
applicant must submit valid documentation of the baseline
specifications of the vessel that established the eligibility. The hold
capacity baseline for such vessels will be the hold capacity of the
first replacement vessel after the permits are removed from CPH. Hold
capacity for the replacement vessel must be measured pursuant to
paragraph (a)(5)(iii)(H)(1) of this section.
(I) Upgraded vessel. See paragraph (a)(1)(i)(F) of this section. In
addition, for Tier 1 and Tier 2 limited access Atlantic mackerel
permits, the replacement vessel's volumetric fish hold capacity may not
exceed by more than 10 percent the volumetric fish hold capacity of the
vessel's baseline specifications. The modified fish hold,
[[Page 47111]]
or the fish hold of the replacement vessel, must be resurveyed by a
surveyor (accredited as in paragraph (a)(5)(iii)(H) of this section)
unless the replacement vessel already had an appropriate certification.
* * * * *
(v) Party and charter boat permits. The owner of any party or
charter boat that fishes for, possesses, or retains Atlantic mackerel,
Illex squid, longfin squid, or butterfish in or from the EEZ or
Atlantic chub mackerel in or from the EEZ portion of the Atlantic Chub
Mackerel Management Unit, while carrying passengers for hire must have
been issued and carry on board a valid Federal vessel permit pursuant
to this paragraph (a)(5).
* * * * *
(15) Mid-Atlantic forage species. Any commercial fishing vessel of
the United States must have been issued and have on board a valid
Federal commercial vessel permit issued by GARFO pursuant to this
section to fish for, possess, transport, sell, or land Mid-Atlantic
forage species in or from the EEZ portion of the Mid-Atlantic Forage
Species Management Unit, as defined at Sec. 648.351(b). A vessel that
fishes for such species exclusively in state waters is not required to
be issued a Federal permit.
* * * * *
(c) * * *
(2) * * *
(vii) The owner of a vessel that has been issued a Tier 1 or Tier 2
limited access Atlantic mackerel must submit a volumetric fish hold
certification measurement, as described in paragraph (a)(5)(iii)(H) of
this section, with the permit renewal application for the 2013 fishing
year.
* * * * *
0
5. In Sec. 648.5, revise paragraph (a) to read as follows:
Sec. 648.5 Operator permits.
(a) General. Any operator of a vessel fishing for or possessing:
Atlantic sea scallops, NE multispecies, spiny dogfish, monkfish,
Atlantic herring, Atlantic surfclam, ocean quahog, Atlantic mackerel,
Illex squid, longfin squid, butterfish, scup, black sea bass, or
Atlantic bluefish, harvested in or from the EEZ; golden tilefish or
blueline tilefish harvested in or from the EEZ portion of the Tilefish
Management Unit; skates harvested in or from the EEZ portion of the
Skate Management Unit; Atlantic deep-sea red crab harvested in or from
the EEZ portion of the Red Crab Management Unit; Mid-Atlantic forage
species harvested in the Mid-Atlantic Forage Species Management Unit;
or Atlantic chub mackerel harvested in or from the EEZ portion of the
Atlantic Chub Mackerel Management Unit that is issued a permit,
including carrier and processing permits, for these species under this
part must have been issued under this section, and carry on board, a
valid operator permit. An operator's permit issued pursuant to part 622
or part 697 of this chapter satisfies the permitting requirement of
this section. This requirement does not apply to operators of
recreational vessels.
* * * * *
0
6. In Sec. 648.6, revise paragraph (a)(1) to read as follows:
Sec. 648.6 Dealer/processor permits.
(a) * * * (1) All dealers of NE multispecies, monkfish, skates,
Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red crab,
spiny dogfish, summer flounder, Atlantic surfclam, ocean quahog,
Atlantic mackerel, Illex squid, longfin squid, butterfish, scup,
bluefish, golden tilefish, blueline tilefish, and black sea bass;
Atlantic surfclam and ocean quahog processors; Atlantic hagfish dealers
and/or processors, and Atlantic herring processors or dealers, as
described in Sec. 648.2; must have been issued under this section, and
have in their possession, a valid permit or permits for these species.
A dealer of Atlantic chub mackerel must have been issued and have in
their possession, a valid dealer permit for Atlantic mackerel, Illex
squid, longfin squid, or butterfish in accordance with this paragraph.
A dealer of Mid-Atlantic forage species must have been issued and have
in their possession, a valid dealer permit for any species issued in
accordance with this paragraph.
* * * * *
0
7. Amend Sec. 648.7, by revising paragraph (a)(1) introductory text,
and paragraphs (b)(1)(i), and (3)(ii) to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
(a) * * * (1) Federally permitted dealers, and any individual
acting in the capacity of a dealer, must submit to the Regional
Administrator or to the official designee a detailed report of all fish
purchased or received for a commercial purpose, other than solely for
transport on land, within the time period specified in paragraph (f) of
this section, by one of the available electronic reporting mechanisms
approved by NMFS, unless otherwise directed by the Regional
Administrator. The following information, and any other information
required by the Regional Administrator, must be provided in each
report:
* * * * *
(b) * * *
(1) * * *
(i) General. If authorized in writing by the Regional
Administrator, a vessel owner or operator may submit reports
electronically, for example by using a VMS or other media. Except for
vessel owners or operators fishing under a surfclam or ocean quahog
permit, or fishing under a private recreational tilefish permit, the
owner or operator of any vessel issued a valid permit or eligible to
renew a limited access permit under this part must:
* * * * *
(3) * * *
(ii) Atlantic mackerel owners or operators. The owner or operator
of a vessel issued a limited access Atlantic mackerel permit must
report catch (retained and discarded) of Atlantic mackerel daily via
VMS, unless exempted by the Regional Administrator. The report must
include at least the following information, and any other information
required by the Regional Administrator: Fishing Vessel Trip Report
serial number; month, day, and year Atlantic mackerel was caught; total
pounds of Atlantic mackerel retained and total pounds of all fish
retained. Daily Atlantic mackerel VMS catch reports must be submitted
in 24-hr intervals for each day and must be submitted by 0900 hr on the
following day. Reports are required even if Atlantic mackerel caught
that day have not yet been landed. This report does not exempt the
owner or operator from other applicable reporting requirements of this
section.
* * * * *
0
8. In Sec. 648.10, revise paragraph (n) to read as follows:
Sec. 648.10 VMS and DAS requirements for vessel owners/operators.
* * * * *
(n) Limited access Atlantic mackerel VMS notification requirements.
(1) A vessel issued a limited access Atlantic mackerel permit intending
to declare into the Atlantic mackerel fishery must notify NMFS by
declaring an Atlantic mackerel trip prior to leaving port at the start
of each trip in order to harvest, possess, or land Atlantic mackerel on
that trip.
(2) A vessel issued a limited access Atlantic mackerel permit
intending to land more than 20,000 lb (9.07 mt) of Atlantic mackerel
must notify NMFS of the time and place of offloading at least 6 hr
prior prior to arrival, or, if fishing ends less than 6 hours before
arrival,
[[Page 47112]]
immediately upon leaving the fishing grounds. The Regional
Administrator may adjust the prior notification minimum time through
publication in the Federal Register consistent with the Administrative
Procedure Act.
* * * * *
0
9. In Sec. 648.11, revise paragraphs (n)(1)(ii) through (iv) to read
as follows:
Sec. 648.11 At-sea sea sampler/observer coverage.
* * * * *
(n) * * *
(1) * * *
(ii) A vessel that has a representative provide notification to
NMFS as described in paragraph (n)(1)(i) of this section may only
embark on an Atlantic mackerel trip without an observer if a vessel
representative has been notified by NMFS that the vessel has received a
waiver of the observer requirement for that trip. NMFS shall notify a
vessel representative whether the vessel must carry an observer, or if
a waiver has been granted, for the specific Atlantic mackerel trip,
within 24 hr of the vessel representative's notification of the
prospective Atlantic mackerel trip, as specified in paragraph (n)(1)(i)
of this section. Any request to carry an observer may be waived by
NMFS. A vessel that fishes with an observer waiver confirmation number
that does not match the Atlantic mackerel trip plan that was called in
to NMFS is prohibited from fishing for, possessing, harvesting, or
landing Atlantic mackerel except as specified in paragraph (n)(1)(iii)
of this section. Confirmation numbers for trip notification calls are
only valid for 48 hr from the intended sail date.
(iii) A vessel issued a limited access Atlantic mackerel permit, as
specified in Sec. 648.4(a)(5)(iii), that does not have a
representative provide the trip notification required in paragraph
(n)(1)(i) of this section is prohibited from fishing for, possessing,
harvesting, or landing more than 20,000 lb (9.07 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.
(iv) If a vessel issued a limited access Atlantic mackerel permit,
as specified in Sec. 648.4(a)(5)(iii), intends to possess, harvest, or
land more than 20,000 lb (9.07 mt) of Atlantic mackerel per trip or per
calendar day, and has a representative notify NMFS of an upcoming trip,
is selected by NMFS to carry an observer, and then cancels that trip,
the representative is required to provide notice to NMFS of the vessel
name, vessel permit number, contact name for coordination of observer
deployment, and telephone number or email address for contact, and the
intended date, time, and port of departure for the cancelled trip prior
to the planned departure time. In addition, if a trip selected for
observer coverage is cancelled, then that vessel is required to carry
an observer, provided an observer is available, on its next trip.
* * * * *
0
10. In Sec. 648.12, revise the introductory text to read as follows:
Sec. 648.12 Experimental fishing.
The Regional Administrator may exempt any person or vessel from the
requirements of subparts A (General provisions), B (mackerel, squid,
and butterfish), D (Atlantic sea scallop), E (Atlantic surfclam and
ocean quahog), F (NE multispecies and monkfish), G (summer flounder), H
(scup), I (black sea bass), J (Atlantic bluefish), K (Atlantic
herring), L (spiny dogfish), M (Atlantic deep-sea red crab), N
(tilefish), O (skates), and P (Mid-Atlantic forage species) of this
part for the conduct of experimental fishing beneficial to the
management of the resources or fishery managed under that subpart. The
Regional Administrator shall consult with the Executive Director of the
MAFMC before approving any exemptions for the Atlantic chub mackerel,
Atlantic mackerel, Illex squid, longfin squid butterfish, summer
flounder, scup, black sea bass, spiny dogfish, bluefish, and tilefish
fisheries, including exemptions for experimental fishing contributing
to the development of new or expansion of existing fisheries for Mid-
Atlantic forage species.
* * * * *
0
11. Amend Sec. 648.14 by:
0
a. Revising paragraphs (g)(1)(i) and (g)(1)(ii)(A);
0
b. Revising paragraph (g)(2) introductory text, (g)(2)(ii)(C), (D),
(F), and (G);
0
c. Revising paragraph (g)(2)(v) introductory text and (g)(2)(v)(A);
0
d. Revising paragraph (g)(3) introductory text, (g)(3)(ii) and (iii),
and (g)(4); and
0
e. Revising paragraph (w).
The revisions read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(g) * * *
(1) * * *
(i) Possession and landing. Take and retain, possess, or land more
Atlantic chub mackerel, Atlantic mackerel, Illex squid, longfin squid,
or butterfish than specified under, or after the effective date of, a
notification issued under Sec. Sec. 648.22 or 648.24(d).
(ii) * * *
(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.
* * * * *
(2) Vessel and operator permit holders. Unless participating in a
research activity as described in Sec. 648.22(g), it is unlawful for
any person owning or operating a vessel issued a valid Atlantic
mackerel, Illex squid, longfin squid, or butterfish fishery permit, or
issued an operator's permit, to do any of the following:
* * * * *
(ii) * * *
(C) Possess more than the incidental catch allowance of Atlantic
mackerel, unless issued a limited access Atlantic mackerel permit.
(D) Take and retain, possess, or land Atlantic chub mackerel,
Atlantic mackerel, squid, or butterfish in excess of a possession limit
specified in Sec. 648.26.
* * * * *
(F) Take and retain, possess, or land more than 5,000 lb (2.27 mt)
of Atlantic mackerel after a closure of the entire commercial fishery,
as specified under Sec. 648.24(b)(1).
(G) Fish for, possess, transfer, receive, or sell; or attempt to
fish for, possess, transfer, receive, or sell; more than 20,000 lb
(9.08 mt) of Atlantic mackerel per trip; or land, or attempt to land
more than 20,000 lb (9.08 mt) of Atlantic mackerel per day after 95
percent of the river herring and shad cap has been harvested, if the
vessel holds a valid Atlantic mackerel permit.
* * * * *
(v) VMS reporting requirements in the directed Atlantic mackerel,
longfin squid, and Illex squid fisheries.
(A) Fail to declare via VMS into the directed Atlantic mackerel,
longfin squid, or Illex squid fisheries by entering the fishery code
prior to leaving port at the start of each trip if the vessel will
harvest, possess, or land more than an incidental catch of Atlantic
mackerel, longfin squid, or Illex squid and is issued a limited access
Atlantic mackerel permit, Tier 1 or Tier 2 longfin squid moratorium
permit, or Illex squid moratorium permit.
* * * * *
[[Page 47113]]
(3) Charter/party restrictions. Unless participating in a research
activity as described in Sec. 648.22(g), it is unlawful for the owner
and operator of a party or charter boat issued an Atlantic mackerel,
Illex squid, longfin squid, or butterfish fishery permit (including a
moratorium permit), when the boat is carrying passengers for hire, to
do any of the following:
* * * * *
(ii) Sell or transfer Atlantic chub mackerel, Atlantic mackerel,
Illex squid, longfin squid, or butterfish to another person for a
commercial purpose.
(iii) Carry passengers for hire while fishing commercially under an
Atlantic mackerel, Illex squid, longfin squid, or butterfish fishery
permit.
(4) Presumption. For purposes of this part, the following
presumption applies: All Atlantic chub mackerel, Atlantic mackerel and
butterfish possessed on board a party or charter boat issued a Federal
Atlantic mackerel, Illex squid, longfin squid, or butterfish fishery
permit are deemed to have been harvested from the EEZ, unless the
preponderance of evidence demonstrates that such species were harvested
by a vessel without a Federal Atlantic mackerel, Illex squid, longfin
squid, or butterfish permit and fishing exclusively in state waters or,
for Atlantic chub mackerel, outside of the Atlantic Chub Mackerel
Management Unit.
* * * * *
(w) Mid-Atlantic forage species. It is unlawful for any person
owning or operating a vessel issued a valid commercial permit under
this part to fish for, possess, transfer, receive, or land; or attempt
to fish for, possess, transfer, receive, or land; more than 1,700 lb
(771.11 kg) of all Mid-Atlantic forage species combined per trip in or
from the Mid-Atlantic Forage Species Management Unit, as defined at
Sec. 648.351(b). A vessel not issued a commercial permit in accordance
with Sec. 648.4 that fished exclusively in state waters or a vessel
that fished Federal waters outside of the Mid-Atlantic Forage Species
Management Unit that is transiting the area with gear that is stowed
and not available for immediate use is exempt from this prohibition.
* * * * *
0
12. Revise Sec. 648.18 to read as follows:
Sec. 648.18 Standardized bycatch reporting methodology.
NMFS shall comply with the Standardized Bycatch Reporting
Methodology (SBRM) provisions established in the following fishery
management plans by the Standardized Bycatch Reporting Methodology: An
Omnibus Amendment to the Fishery Management Plans of the Mid-Atlantic
and New England Regional Fishery Management Councils, completed March
2015, also known as the SBRM Omnibus Amendment, by the New England
Fishery Management Council, Mid-Atlantic Fishery Management Council,
National Marine Fisheries Service Greater Atlantic Regional Fisheries
Office, and National Marine Fisheries Service Northeast Fisheries
Science Center: Atlantic Bluefish; Mackerel, Squid, and Butterfish;
Atlantic Sea Scallop; Atlantic Surfclam and Ocean Quahog; Atlantic
Herring; Atlantic Salmon; Deep-Sea Red Crab; Monkfish; Northeast
Multispecies; Northeast Skate Complex; Spiny Dogfish; Summer Flounder,
Scup, and Black Sea Bass; and Tilefish. The Director of the Federal
Register approves this incorporation by reference in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy of the SBRM
Omnibus Amendment from the Greater Atlantic Regional Fisheries Office
(www.greateratlantic.fisheries.noaa.gov, 978-281-9300). You may inspect
a copy at the Greater Atlantic Regional Fisheries Office, 55 Great
Republic Drive, Gloucester, MA 01930 or at the National Archives and
Records Administration (NARA). For information on the availability of
this material at NARA, call 202-741-6030, or go to: www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
* * * * *
0
13. Under part 648, revise the title of subpart B to read as follows:
Subpart B--Management Measures for the Mackerel, Squid, and
Butterfish Fisheries
0
14. Amend Sec. 648.22 by:
0
a. Revising the section heading;
0
b. Revising paragraph (a) introductory text, (a)(2) and (3);
0
c. Adding paragraph (a)(5);
0
d. Revising paragraph (b)(2) introductory text, (b)(2)(i) and (ii),
(b)(2)(iv)(A) introductory text, (b)(2)(iv)(A)(1) and (2);
0
e. Revising paragraph (b)(2)(v) introductory text and (b)(2)(v)(A);
0
f. Revising paragraphs (b)(3)(v) and (vii);
0
g. Adding paragraph (b)(5);
0
h. Revising paragraph (c) introductory text, (c)(1)(ii), (c)(2), (3),
(6), (9); and
0
i. Revising paragraph (d)(1).
The revisions and additions read as follows:
Sec. 648.22 Mackerel, squid, and butterfish specifications.
(a) Initial recommended annual specifications. The Mackerel, Squid,
and Butterfish Monitoring Committee (Monitoring Committee) shall meet
annually to develop and recommend the following specifications for
consideration by the Mackerel, Squid, and Butterfish Committee of the
MAFMC:
* * * * *
(2) Butterfish--Annual catch limit (ACL); Annual catch target (ACT)
including RSA, DAH, DAP; bycatch level of the total allowable level of
foreign fishing (TALFF), if any; and butterfish discard cap for the
longfin squid fishery for butterfish; which, subject to annual review,
may be specified for a period of up to 3 years;
(3) Atlantic mackerel--ACL; commercial ACT, including RSA, DAH,
Atlantic mackerel Tier 3 landings cap (up to 7 percent of the DAH),
DAP; joint venture processing (JVP) if any; TALFF, if any; and
recreational ACT, including RSA for Atlantic mackerel; which, subject
to annual review, may be specified for a period of up to 3 years. The
Monitoring Committee may also recommend that certain ratios of TALFF,
if any, for Atlantic mackerel to purchases of domestic harvested fish
and/or domestic processed fish be established in relation to the
initial annual amounts.
* * * * *
(5) Atlantic chub mackerel--ACL, ACT, and total allowable landings
(TAL), which, subject to annual review, may be specified for a period
of up to 3 years.
(b) * * *
(2) Atlantic Mackerel--(i) ABC. The MAFMC's SSC shall recommend a
stock-wide ABC to the MAFMC, as described in Sec. 648.20. The stock-
wide Atlantic mackerel ABC is reduced from the OFL based on an
adjustment for scientific uncertainty; the stock-wide ABC must be less
than or equal to the OFL.
(ii) ACL. The ACL or Domestic ABC is calculated using the formula
ACL/Domestic ABC = stock-wide ABC - C, where C is the estimated catch
of Atlantic mackerel in Canadian waters for the upcoming fishing year.
* * * * *
(iv) * * *
(A) Commercial sector ACT. Commercial ACT is composed of RSA, DAH,
Tier 3 landings cap (up to 7 percent of DAH), dead discards, and TALFF,
if any. RSA will be based on requests for research quota as described
in paragraph (g) of this section. DAH,
[[Page 47114]]
Tier 3 landings cap (up to 7 of the DAH), DAP, and JVP will be set
after deduction for RSA, if applicable, and must be projected by
reviewing data from sources specified in paragraph (b) of this section
and other relevant data, including past domestic landings, projected
amounts of Atlantic mackerel necessary for domestic processing and for
joint ventures during the fishing year, projected recreational
landings, and other data pertinent for such a projection. The JVP
component of DAH is the portion of DAH that domestic processors either
cannot or will not use. Economic considerations for the establishment
of JVP and TALFF include:
(1) Total world export potential of Atlantic mackerel producing
countries.
(2) Total world import demand of Atlantic mackerel consuming
countries.
* * * * *
(v) Performance review. The Mackerel, Squid, and Butterfish
Committee shall conduct a detailed review of fishery performance
relative to the Atlantic mackerel ACL at least every 5 years.
(A) If the Atlantic mackerel ACL is exceeded with a frequency
greater than 25 percent (i.e., more than once in 4 years or any two
consecutive years), the Mackerel, Squid, and Butterfish Monitoring
Committee will review fishery performance information and make
recommendations to the MAFMC for changes in measures intended to ensure
ACLs are not exceeded as frequently.
* * * * *
(3) * * *
(v) Butterfish discard cap. The butterfish discard cap will be
based on a portion of the ACT (set annually during specifications) and
the specified cap amount will be allocated to the longfin squid fishery
as follows: Trimester I--43 percent; Trimester II--17 percent; and
Trimester III--40 percent.
* * * * *
(vii) Performance review. The Mackerel, Squid, and Butterfish
Committee shall conduct a detailed review of fishery performance
relative to the butterfish ACL in conjunction with review for the
Atlantic mackerel fishery, as outlined in this section.
* * * * *
(5) Atlantic chub mackerel--(i) ABC. The MAFMC's SSC shall
recommend a stock-wide ABC to the MAFMC, as described in Sec. 648.20.
The stock-wide Atlantic chub mackerel ABC is reduced from the OFL based
on an adjustment for scientific uncertainty; the stock-wide ABC must be
less than or equal to the OFL.
(ii) Maximum sustainable yield (MSY). The Atlantic chub mackerel
MSY shall be set equal to the Atlantic chub mackerel ABC.
(iii) OY. The Atlantic chub mackerel OY shall be set equal to or
less than the Atlantic chub mackerel ABC.
(iv) ACL. The ACL for the Atlantic Chub Mackerel Management Unit is
calculated by subtracting an estimate of Atlantic chub mackerel catch
from South Carolina through Florida from the Atlantic chub mackerel ABC
or OY, whichever is less. The Monitoring Committee shall recommend an
appropriate estimate of such catch on an annual basis through the
specifications process. The ACL shall apply to both commercial and
recreational catch of Atlantic chub mackerel; there will not be
separate ACLs for the commercial and recreational Atlantic chub
mackerel fisheries.
(v) ACT. The Atlantic chub mackerel ACT shall be equal to or less
than the Atlantic chub mackerel ACL after deducting an estimate of
management uncertainty. The Monitoring Committee shall identify and
review relevant sources of management uncertainty to recommend an
overall ACT to the MAFMC for both the commercial and recreational
fishing sectors as part of the specifications process.
(vi) TAL. The Atlantic chub mackerel TAL shall be equal to or less
than the Atlantic chub mackerel ACT after deducting an estimate of dead
discards in both the commercial and recreational fisheries. The
Monitoring Committee shall evaluate available data to recommend an
estimate of total discards used to calculate the TAL in its
recommendation to the MAFMC as part of the specifications process.
(c) Recommended measures. Based on the review of the data described
in paragraph (b) of this section and requests for research quota as
described in paragraph (g) of this section, the Monitoring Committee
will recommend to the Mackerel, Squid, and Butterfish Committee the
measures from the following list that it determines are necessary to
ensure that the specifications are not exceeded:
(1) * * *
(ii) The commercial and/or recreational ACT for Atlantic mackerel.
* * * * *
(2) Commercial quotas or total allowable landing limits, set after
reductions for research quotas, management uncertainty, discards, an
estimate of Atlantic chub mackerel catch from South Carolina through
Florida, or any other applicable deduction specified in this section.
(3) The amount of longfin squid, Illex squid, and butterfish that
may be retained and landed by vessels issued the incidental catch
permit specified in Sec. 648.4(a)(5)(vi), and the amount of Atlantic
mackerel that may be retained, possessed and landed by any of the
limited access Atlantic mackerel permits described at Sec.
648.4(a)(5)(iii) and the incidental Atlantic mackerel permit at Sec.
648.4(a)(5)(iv).
* * * * *
(6) Commercial seasonal quotas/closures for longfin squid, Illex
squid, and Atlantic chub mackerel; and landings cap for the Tier 3
Limited Access Atlantic mackerel permit.
* * * * *
(9) Recreational allocation for Atlantic mackerel.
* * * * *
(d) * * *
(1) The Mackerel, Squid, and Butterfish Committee will review the
recommendations of the Monitoring Committee. Based on these
recommendations and any public comment received thereon, the Mackerel,
Squid, and Butterfish Committee must recommend to the MAFMC appropriate
specifications and any measures necessary to assure that the
specifications will not be exceeded. The MAFMC will review these
recommendations and, based on the recommendations and any public
comment received thereon, must recommend to the Regional Administrator
appropriate specifications and any measures necessary to assure that
the ACL will not be exceeded. The MAFMC's recommendations must include
supporting documentation, as appropriate, concerning the environmental,
economic, and social impacts of the recommendations. The Regional
Administrator will review the recommendations and will publish a
proposed rule in the Federal Register proposing specifications and any
measures necessary to assure that the specifications will not be
exceeded and providing a 30-day public comment period. If the proposed
specifications differ from those recommended by the MAFMC, the reasons
for any differences must be clearly stated and the revised
specifications must satisfy the criteria set forth in this section. The
MAFMC's recommendations will be available for inspection at the office
of the Regional Administrator during the public comment period. If the
annual specifications for Illex squid, longfin squid, Atlantic
mackerel, Atlantic chub
[[Page 47115]]
mackerel, or butterfish are not published in the Federal Register prior
to the start of the fishing year, the previous year's annual
specifications, excluding specifications of TALFF, will remain in
effect. The previous year's specifications will be superseded as of the
effective date of the final rule implementing the current year's annual
specifications.
* * * * *
0
15. In Sec. 648.23, revise paragraph (a)(2)(ii) to read as follows:
Sec. 648.23 Mackerel, squid, and butterfish gear restrictions.
* * * * *
(a) * * *
(2) * * *
(ii) During closures of the longfin squid fishery resulting from
the butterfish discard cap, described in Sec. 648.24(c)(3), vessels
fishing for longfin squid using jigging gear are exempt from the
closure possession limit specified in Sec. 648.26(b), provided that
all otter trawl gear is stowed and not available for immediate use as
defined in Sec. 648.2.
* * * * *
0
16. Amend Sec. 648.24 by:
0
a. Revising the introductory text to paragraph (b);
0
b. Revising paragraphs (b)(1)(i)(B), (b)(2), (b)(3), paragraph (b)(4)
introductory text, (b)(5), and (6);
0
c. Revising paragraphs (c)(3) and (5);
0
d. Revising paragraph (d); and
0
e. Adding paragraph (e).
The revisions and additions read as follows:
Sec. 648.24 Fishery closures and accountability measures.
* * * * *
(b) Atlantic Mackerel AMs--(1) * * *
(i) * * *
(B) Unless previously closed pursuant to paragraph (b)(1)(i)(A) 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.
* * * * *
(2) Atlantic mackerel commercial landings overage repayment. If the
Atlantic mackerel ACL is exceeded and commercial fishery landings are
responsible for the overage, then landings in excess of the DAH will be
deducted from the DAH the following year, as a single-year adjustment
to the DAH.
(3) Non-landing AMs. In the event that the Atlantic mackerel ACL is
exceeded, and that the overage has not been accommodated through the
landing-based AM described in paragraph (b)(2) of this section, but is
attributable to the commercial sector, then the exact amount, in
pounds, by which the commercial Atlantic mackerel ACT was exceeded will
be deducted from the following year's commercial Atlantic mackerel ACT,
as a single-year adjustment.
(4) Atlantic mackerel recreational AMs. If the Atlantic mackerel
ACL is exceeded and the recreational fishery landings are responsible
for the overage, then the following procedure will be followed:
* * * * *
(5) Atlantic mackerel ACL overage evaluation. The Atlantic mackerel
ACL will be evaluated based on a single-year examination of total catch
(landings and discards). Both landings and dead discards will be
evaluated in determining if the Atlantic mackerel ACL has been
exceeded. NMFS shall make determinations about overages and implement
any changes to the Atlantic mackerel ACL, in accordance with the
Administrative Procedure Act, through notification in the Federal
Register, by May 15 of the fishing year in which the deductions will be
made.
(6) River herring and shad catch cap. The river herring and shad
cap on the Atlantic mackerel fishery applies to all trips that land
more than 20,000 lb (9.08 mt) of Atlantic mackerel. NMFS shall close
the limited access Atlantic mackerel fishery in the EEZ when the
Regional Administrator projects that 95 percent of the river herring/
shad catch cap has been harvested. Following closures of the limited
access Atlantic mackerel fishery, vessels must adhere to the possession
restrictions specified in Sec. 648.26.
* * * * *
(c) * * *
(3) Butterfish discard cap on the longfin squid fishery. NMFS shall
close the directed fishery in the EEZ for longfin squid when the
Regional Administrator projects that 95 percent of each Trimester's
butterfish discard cap allocation has been harvested.
* * * * *
(5) Butterfish allocation transfer. NMFS may transfer up to 50
percent of any unused butterfish allocation from the butterfish DAH to
the butterfish discard cap on the longfin squid fishery if the
butterfish catch in the longfin squid fishery is likely to result in a
closure of the longfin squid fishery, and provided the transfer does
not increase the likelihood of closing the directed butterfish fishery.
NMFS may instead transfer up to 50 percent of the unused butterfish
catch from the butterfish discard cap allocation to the butterfish DAH
if harvest of butterfish in the directed butterfish fishery is likely
to exceed the butterfish DAH, and provided the transfer of butterfish
allocation from the butterfish discard cap allocation does not increase
the likelihood of closing the longfin squid fishery due to harvest of
the butterfish discard cap. NMFS would make this transfer on or about
November 15 each fishing year, in accordance with the Administrative
Procedure Act.
(d) Notification. Upon determining that a closure or trip limit
reduction is necessary, the Regional Administrator will notify, in
advance of the closure, the Executive Directors of the MAFMC, NEFMC,
and SAFMC; mail notification of the closure or trip limit reduction to
all holders of Atlantic mackerel, Illex squid, longfin squid, and
butterfish fishery permits at least 72 hr before the effective date of
the closure; provide adequate notice of the closure or trip limit
reduction to recreational participants in the fishery; and publish
notification of the closure or trip limit reduction in the Federal
Register.
(e) Atlantic Chub Mackerel AMs--(1) Commercial fishery closures.
(i) When the Regional Administrator projects that 90 percent of the
Atlantic chub mackerel TAL will be landed, the Regional Administrator
will reduce the Atlantic chub mackerel possession limit as specified in
Sec. 648.26(e)(2)(i) through notification in the Federal Register.
(ii) When the Regional Administrator projects that 100 percent of
the Atlantic chub mackerel TAL will be landed, the Regional
Administrator will reduce the Atlantic chub mackerel possession limit
as specified in Sec. 648.26(e)(2)(ii) for the remainder of the fishing
year (December 31) through notification in the Federal Register.
(2) Overage repayment. The Regional Administrator will evaluate
both landings and dead discards in a single year to determine if the
Atlantic chub mackerel ACL specified in Sec. 648.22(b)(5) has been
exceeded. If the Atlantic chub mackerel ACL has been exceeded, then
catch in excess of the Atlantic chub mackerel ACT will be deducted from
the Atlantic chub mackerel ACT as soon as possible in a following year
as a single-year adjustment to the ACT. The Regional Administrator
shall implement any changes to the Atlantic chub mackerel ACT through
notification in the Federal Register in accordance with the
Administrative Procedure Act.
[[Page 47116]]
(3) Transiting. Any vessel issued a valid commercial Atlantic
mackerel, Illex squid, longfin squid, or butterfish permit in
accordance with Sec. 648.4 may transit the Atlantic Chub Mackerel
Management Unit with an amount of Atlantic chub mackerel on board that
exceeds the possession limits specified in this section to land in a
port that is within the Atlantic Chub Mackerel Management Unit,
provided that all Atlantic chub mackerel was harvested outside of the
Atlantic Chub Mackerel Management Unit and that all gear is stowed and
not available for immediate use as defined in Sec. 648.2.
0
17. Amend Sec. 648.25, by revising the section heading and paragraph
(a) introductory text to read as follows:
Sec. 648.25 Mackerel, squid, and butterfish framework adjustments to
management measures.
(a) Within season management action. The MAFMC may, at any time,
initiate action to add or adjust management measures within the
Mackerel, Squid, and Butterfish FMP if it finds that action is
necessary to meet or be consistent with the goals and objectives of the
FMP. However, any changes to Atlantic chub mackerel measures contained
in this part 648 must be made through an amendment to the FMP and
cannot be conducted through a framework adjustment.
* * * * *
0
18. Amend Sec. 648.26 by revising paragraphs (a)(1) and (a)(2)(i)(B),
and adding paragraph (e) to read as follows:
Sec. 648.26 Mackerel, squid, and butterfish possession restrictions.
* * * * *
(a) * * *
(1) Initial 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 from or in the EEZ
per trip, provided that the fishery has not been closed, as specified
in Sec. 648.24(b)(1).
(i) A vessel issued a Tier 1 limited access Atlantic mackerel
permit is authorized to fish for, possess, or land Atlantic mackerel
with no possession restriction in 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 90 percent of the DAH has
been harvested, as specified in Sec. 648.24(b)(1)(i)(A).
(ii) A vessel issued a Tier 2 limited access Atlantic mackerel
permit is authorized to fish for, possess, or land up to 135,000 lb
(61.23 mt) of Atlantic mackerel in 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 90 percent of the DAH has
been harvested, as specified in Sec. 648.24(b)(1)(i)(A).
(iii) A vessel issued a Tier 3 limited access Atlantic mackerel
permit is authorized to fish for, possess, or land up to 100,000 lb
(45.36 mt) of Atlantic mackerel in 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 90 percent of the DAH has
been harvested, or 90 percent of the Tier 3 landings cap has been
harvested, as specified in Sec. 648.24(b)(1)(i)(A) and (B),
respectively.
(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 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.
(v) Both vessels involved in a pair trawl operation must be issued
a valid Atlantic mackerel permits to fish for, possess, or land
Atlantic mackerel in the EEZ. Both vessels must be issued the Atlantic
mackerel permit appropriate for the amount of Atlantic mackerel jointly
possessed by both of the vessels participating in the pair trawl
operation.
* * * * *
(2) * * *
(i) * * *
(B) During a closure of the Tier 3 commercial Atlantic mackerel
fishery pursuant to Sec. 648.24(b)(1)(i)(B), 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 20,000 lb (9.08 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.
* * * * *
(e) Atlantic chub mackerel. A vessel must be issued a valid
Atlantic mackerel, Illex squid, longfin squid, or butterfish permit to
fish for, possess, or land any Atlantic chub mackerel from or in the
Atlantic Chub Mackerel Management Unit within the EEZ per trip. A
vessel not issued a valid Atlantic mackerel, Illex squid, longfin
squid, or butterfish permit in accordance with Sec. 648.4 that is
fishing exclusively in state waters or in the EEZ outside of the
Atlantic Chub Mackerel Management Unit is exempt from the possession
limits specified in this section.
(1) Initial commercial possession limits. A vessel issued a valid
commercial Atlantic mackerel, Illex squid, longfin squid, or butterfish
permit is authorized to fish for, possess, and land an unlimited amount
of Atlantic chub mackerel per trip from the EEZ portion of the Atlantic
Chub Mackerel Management Unit, provided that the fishery has not been
closed, as specified in Sec. 648.24(e)(1).
(2) Commercial fishery closure possession limits. Once the
commercial fishery is closed in accordance with Sec. 648.24(e)(1), the
possession limits specified in this paragraph (e)(2) will apply. A
vessel not issued a Federal commercial Atlantic mackerel, Illex squid,
longfin squid, or butterfish permit in accordance with Sec. 648.4 that
fished exclusively in state waters or a vessel that fished in Federal
waters outside of the Atlantic Chub Mackerel Management Unit that is
transiting the area with gear that is stowed and not available for
immediate use is exempt from the possession limits specified in this
paragraph (e)(2).
(i) When the Regional Administrator projects that 90 percent of the
commercial Atlantic chub mackerel TAL has been landed, a vessel issued
a commercial Atlantic mackerel, Illex squid, longfin squid, or
butterfish permit may not fish for, possess, or land more than 40,000
lb (18.14 mt) of Atlantic chub mackerel at any time per trip in the EEZ
portion of the Atlantic Chub Mackerel Management Unit.
(ii) When the Regional Administrator projects that 100 percent of
the commercial Atlantic chub mackerel TAL has been landed, a vessel
issued a commercial Atlantic mackerel, Illex squid, longfin squid, or
butterfish permit fish for, possess, or land more than 10,000 lb (4.54
mt) of Atlantic chub mackerel at any time per trip in the EEZ portion
of the Atlantic Chub Mackerel Management Unit.
0
19. Amend Sec. 648.80 by revising paragraph (b)(3)(i) and adding
paragraph (c)(5)(iii) to read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
* * * * *
(b) * * *
(3) * * * (i) Species exemption. Unless otherwise restricted in
Sec. 648.86, owners and operators of vessels subject
[[Page 47117]]
to the minimum mesh size restrictions specified in paragraphs (a)(4)
and (b)(2) of this section may fish for, harvest, possess, or land
butterfish, dogfish (caught by trawl only), herring, Atlantic chub
mackerel, Atlantic mackerel, ocean pout, scup, shrimp, squid, summer
flounder, silver hake and offshore hake, and weakfish with nets of a
mesh size smaller than the minimum size specified in the GB and SNE
Regulated Mesh Areas when fishing in the SNE Exemption Area defined in
paragraph (b)(10) of this section, provided such vessels comply with
requirements specified in paragraph (b)(3)(ii) of this section and with
the mesh size and possession limit restrictions specified under Sec.
648.86(d).
* * * * *
(c) * * *
(5) * * *
(iii) Atlantic chub mackerel fishery exemption. Owners and
operators of vessels subject to the minimum mesh size restrictions
specified in paragraphs (b)(2) and (c)(2) of this section may fish for,
harvest, possess, or land Atlantic chub mackerel with nets of a mesh
size smaller than the minimum size specified in the SNE Regulated Mesh
Area when fishing in the MA Exemption Area defined in paragraph
(c)(5)(i) of this section, provided such vessels comply with the
following requirements:
(A) Gear restrictions. A vessel fishing for Atlantic chub mackerel
within the MA Exemption Area must comply with the gear restrictions
specified in Sec. 648.23.
(B) Possession limits. A vessel fishing for Atlantic chub mackerel
within the MA Exemption Area may fish for, possess on board, or land
Atlantic chub mackerel, Atlantic mackerel, butterfish, Illex squid, and
longfin squid up to the amount specified in Sec. 648.26, and other
incidentally caught species up to the amounts specified in paragraph
(b)(3) of this section.
* * * * *
0
20. In part 648, revise the heading of subpart P to read as follows:
Subpart P--Mid-Atlantic Forage Species
0
21. In Sec. 648.350:
0
a. Revise the section heading; and
0
b. Reserve paragraph (b).
The revision reads as follows:
Sec. 648.350 Mid-Atlantic forage species landing limits.
* * * * *
0
22. Amend Sec. 648.351 by revising the section heading and paragraphs
(a) through (c) to read as follows:
Sec. 648.351 Mid-Atlantic forage species possession limits.
(a) Mid-Atlantic forage species. Unless otherwise prohibited in
Sec. 648.80, a vessel issued a valid commercial permit in accordance
with Sec. 648.4 may fish for, possess, and land up to 1,700 lb (771.11
kg) of all Mid-Atlantic forage species combined per trip in or from the
EEZ portion of the Mid-Atlantic Forage Species Management Unit, as
defined in paragraph (b) of this section. A vessel not issued a permit
in accordance with Sec. 648.4 that is fishing exclusively in state
waters is exempt from the possession limits specified in this section.
(b) Mid-Atlantic Forage Species Management Unit. The Mid-Atlantic
Forage Species Management Unit is the area of the Atlantic Ocean that
is bounded on the southeast by the outer limit of the U.S. EEZ; bounded
on the south by 35[deg]15.3' N lat. (the approximate latitude of Cape
Hatteras, NC); bounded on the west and north by the coastline of the
United States; and bounded on the northeast by the following points,
connected in the order listed by straight lines:
------------------------------------------------------------------------
Point Latitude Longitude
------------------------------------------------------------------------
1............................... 40[deg]59.32' N 73[deg]39.62' W
2............................... 40[deg]59.02' N 73[deg]39.41' W
3............................... 40[deg]57.05' N 73[deg]36.78' W
4............................... 40[deg]57.87' N 73[deg]32.85' W
5............................... 40[deg]59.78' N 73[deg]23.70' W
6............................... 41[deg]1.57' N 73[deg]15.00' W
7............................... 41[deg]3.40' N 73[deg]6.10' W
8............................... 41[deg]4.65' N 73[deg]0.00' W
9............................... 41[deg]6.67' N 72[deg]50.00' W
10.............................. 41[deg]8.69' N 72[deg]40.00' W
11.............................. 41[deg]10.79' N 72[deg]29.45' W
12.............................. 41[deg]12.22' N 72[deg]22.25' W
13.............................. 41[deg]13.57' N 72[deg]15.38' W
14.............................. 41[deg]14.94' N 72[deg]8.35' W
15.............................. 41[deg]15.52' N 72[deg]5.41' W
16.............................. 41[deg]17.43' N 72[deg]1.18' W
17.............................. 41[deg]18.62' N 71[deg]55.80' W
18.............................. 41[deg]18.27' N 71[deg]54.47' W
19.............................. 41[deg]10.31' N 71[deg]46.44' W
20.............................. 41[deg]2.35' N 71[deg]38.43' W
21.............................. 40[deg]54.37' N 71[deg]30.45' W
22.............................. 40[deg]46.39' N 71[deg]22.51' W
23.............................. 40[deg]38.39' N 71[deg]14.60' W
24.............................. 40[deg]30.39' N 71[deg]6.72' W
25.............................. 40[deg]22.38' N 70[deg]58.87' W
26.............................. 40[deg]14.36' N 70[deg]51.05' W
27.............................. 40[deg]6.33' N 70[deg]43.27' W
28.............................. 39[deg]58.29' N 70[deg]35.51' W
29.............................. 39[deg]50.24' N 70[deg]27.78' W
30.............................. 39[deg]42.18' N 70[deg]20.09' W
31.............................. 39[deg]34.11' N 70[deg]12.42' W
32.............................. 39[deg]26.04' N 70[deg]4.78' W
33.............................. 39[deg]17.96' N 69[deg]57.18' W
34.............................. 39[deg]9.86' N 69[deg]49.6' W
35.............................. 39[deg]1.77' N 69[deg]42.05' W
36.............................. 38[deg]53.66' N 69[deg]34.53' W
37.............................. 38[deg]45.54' N 69[deg]27.03' W
38.............................. 38[deg]37.42' N 69[deg]19.57' W
39.............................. 38[deg]29.29' N 69[deg]12.13' W
40.............................. 38[deg]21.15' N 69[deg]4.73' W
41.............................. 38[deg]13.00' N 68[deg]57.35' W
42.............................. 38[deg]4.84' N 68[deg]49.99' W
43 *............................ 38[deg]2.21' N 68[deg]47.62' W
------------------------------------------------------------------------
* Point 43 falls on the U.S. EEZ.
(c) Transiting. Any vessel issued a valid permit in accordance with
Sec. 648.4 may transit the Mid-Atlantic Forage Species Management
Unit, as defined in paragraph (b) of this section, with an amount of
Mid-Atlantic forage species on board that exceeds the possession limits
specified in paragraph (a) of this section to land in a port in a state
that is outside of the Mid-Atlantic Forage Species Management Unit,
provided that those species were harvested outside of the Mid-Atlantic
Forage Species Management Unit and that all gear is stowed and not
available for immediate use as defined in Sec. 648.2.
* * * * *
0
23. In Sec. 648.352, revise the section heading to read as follows:
Sec. 648.352 Mid-Atlantic forage species framework measures.
* * * * *
[FR Doc. 2020-15969 Filed 8-3-20; 8:45 am]
BILLING CODE 3510-22-P