[Federal Register Volume 85, Number 39 (Thursday, February 27, 2020)]
[Rules and Regulations]
[Pages 11309-11311]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03867]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200221-0061]
RTID 0648-XX019
Fisheries of the Northeastern United States; Atlantic Mackerel,
Squid, and Butterfish Fisheries; 2020 Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: Through this rule, NMFS maintains previously approved Illex
squid, longfin squid, and butterfish specifications for the 2020
fishing year and maintains the 2019 Atlantic mackerel acceptable
biological catch for 2020 based on updated scientific advice. This
action is required to promote the sustainable utilization and
conservation of the Atlantic mackerel, squid, and butterfish resources.
DATES: Effective February 27, 2020.
ADDRESSES: Copies of supporting documents used by the Mid-Atlantic
Fishery Management Council, including the Environmental Assessment
(EA), the Supplemental Information Report (SIR), the Regulatory Impact
Review (RIR), and the Regulatory Flexibility Act (RFA) analysis are
available from: Dr. Christopher M. Moore, Executive Director, Mid-
Atlantic Fishery Management Council, 800 North State Street, Suite 201,
Dover, DE 19901, telephone (302) 674-2331. The EA/SIR/RIR/RFA analysis
is also accessible via the internet at www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2019-0137.
FOR FURTHER INFORMATION CONTACT: Alyson Pitts, Fishery Management
Specialist, (978) 281-9352.
SUPPLEMENTARY INFORMATION:
Background
The regulations implementing the Atlantic Mackerel, Squid, and
Butterfish Fishery Management Plan (FMP) require the Mid-Atlantic
Fishery Management Council's Atlantic Mackerel, Squid, and Butterfish
Monitoring Committee to develop specification recommendations for each
species based upon the acceptable biological catch (ABC) advice of the
Council's Scientific and Statistical Committee (SSC). The FMP
regulations also require the specification of annual catch limits (ACL)
and accountability measure (AM) provisions for butterfish. Both squid
species are exempt from the ACL/AM requirements because they have a
life cycle of less than one year. In addition, the regulations require
the specification of domestic annual harvest (DAH), the butterfish
mortality cap in the longfin squid fishery, and initial optimum yield
(IOY) for both squid species.
On December 17, 2019 (84 FR 68871), we published a proposed rule in
the Federal Register seeking public comment on revising the previously
approved 2020 Atlantic mackerel specifications to maintain the 2019
specifications with a modification to the recreational catch deduction
and change the river herring and shad catch cap in the Atlantic
mackerel fishery. This rule also proposed maintaining the previously
approved Illex squid, longfin squid, and butterfish specifications. The
proposed rule for this action included additional background on
specifications and the details of how the Council derived its
recommended specifications for Atlantic mackerel, Illex squid, longfin
squid and butterfish. Those details are not repeated here. For
additional information, please refer to the proposed rule for this
action.
On August 2, 2019 (84 FR 37778), we published a final rule in the
Federal Register implementing Illex squid, longfin squid, and
butterfish specifications for 2019. The Atlantic mackerel
specifications for 2019-2021 were developed in May 2018 as part of the
final rule for Framework Adjustment 13 (84 FR 58053; October 30, 2019).
The Council's SSC met in May 2019 to reevaluate the 2020 specifications
based upon the latest information. At that meeting, the SSC concluded
that no adjustments to the Illex squid, longfin squid, and butterfish
specifications were warranted. However, the the SSC recommended to
change to the Atlantic mackerel ABC, update the recreational catch, and
modify the river herring and shad catch cap.
Until new specifications are implemented, the existing 2019
Atlantic mackerel, Illex squid, longfin squid, and butterfish
specifications will continue pursuant to 50 CFR 648.22(d)(1).
2020 Atlantic Mackerel Specifications
The original 2020 Atlantic mackerel ABC recommended by the SSC for
Framework 13 was based on projections that recognized a strong 2015
year class in the assessment results. At its May 2019 meeting, the SSC
considered preliminary results from the 2019 Canadian Atlantic mackerel
assessment, which indicated lower than expected recruitment. As a
result, the SSC recommended maintaining the more conservative 2019 ABC.
Based on the recommendations of the Council's SSC and the Atlantic
Mackerel, Squid, and Butterfish Monitoring Committee, the Council
recommended and this action implements the revised 2020 mackerel
specifications outlined in Table 1. These specifciations are nearly
identical to those set in 2019, with the exception of a higher
recreational catch deduction based on an updated recreational catch
accounting methodology. There is an Atlantic mackerel stock assessment
update scheduled for 2020 that will inform future ABC specifications.
[[Page 11310]]
Table 1--2019 Atlantic Mackerel Specifications Compared to 2020
Specifications
[mt]
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Specification 2019 2020
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OFL..................................... 31,764 NA
ABC..................................... 29,184 29,184
Canadian Deduction...................... 10,000 10,000
U.S. ABC................................ 19,184 19,184
Recreational Allocation................. 1,209 1,270
Commerical Allocation................... 17,975 17,914
Management Uncertainty Buffer (3 539 537
percent)...............................
Commercial Annual Catch Target.......... 17,436 17,377
DAH..................................... 17,371 17,312
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River Herring and Shad Catch Cap in the Atlantic Mackerel Fishery
Consistent with maintaining the Atlantic mackerel ABC in 2020 as in
2019, this action maintains the 2019 river herring and shad catch cap
(129 mt) for 2020. This action also eliminates the 89-mt trigger
provision that was implemented in Framework 13. If the 89-mt trigger
were reached, a 20,000-lb (9,071.84-kg) possession limit for limited
access permit holders would become effective. Eliminating the initial
89-mt trigger allows for additional landings by the Atlantic mackerel
fishery, without compromising the 129-mt catch cap, which serves as an
incentive to avoid river herring and shad.
Longfin Squid Specifications
This action maintains the existing longfin squid ABC of 23,400 mt
for 2020, as implemented on March 1, 2018 (83 FR 8764). The background
for this ABC is discussed in the proposed rule to implement the 2018-
2020 squid and butterfish specifications (82 FR 58583; December 13,
2017) and is not repeated here.
Table 2--2020 Longfin Squid Specifications in Metric Tons
[mt]
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OFL..................................................... Unknown
ABC..................................................... 23,400
IOY..................................................... 22,932
DAH/DAP................................................. 22,932
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Table 3--2020 Longfin Quota Trimester Allocations
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Trimester Percent Metric tons
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I (Jan-Apr)............................. 43 9,861
II (May-Aug)............................ 17 3,898
III (Sep-Dec)........................... 40 9,173
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2020 Butterfish Specifications
This action also maintains the previously approved 2020 butterfish
specifications outlined in Table 4, as initially published on March 1,
2018 (83 FR 8764). The background for these specifications is discussed
in the proposed rule to implement 2019 squid and butterfish
specifications (82 FR 58583; December 13, 2017) and is not repeated
here. These specifications maintain the existing butterfish mortality
cap in the longfin squid fishery (3,884 mt) and the existing allocation
of the butterfish mortality cap among longfin squid trimesters (Table
5).
Table 4--2020 Butterfish Specifications in Metric Tons
[mt]
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OFL..................................................... 39,592
ACL = ABC............................................... 32,063
Commercial ACT (ABC-management uncertainty buffers for 28,857
each year).............................................
DAH (ACT minus butterfish cap and discards)............. 23,752
Directed Fishery closure limit (DAH-1,000 mt incidental 22,752
landings buffer).......................................
Butterfish Cap (in the longfin squid fishery)........... 3,884
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Table 5--Trimester Allocation of Butterfish Mortality Cap on the Longfin
Squid Fishery for 2020
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Trimester Percent Metric tons
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I (Jan-Apr)............................. 43 1,670
II (May-Aug)............................ 17 660
III (Sep-Dec)........................... 40 1,554
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[[Page 11311]]
Total............................... 100 3,844
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2020 Illex Squid Specifications
This action maintains the previously approved 2019 Illex squid
specifications for 2020, outlined in Table 6, as published on August 2,
2019 (84 FR 37778). The background for these specifications is
discussed in the proposed rule to implement the 2019 Illex squid,
longfin squid, and butterfish specifications (May 1, 2019, 84 FR
18471). The Council will set specifications for 2021 and beyond in
2020.
Table 6--2020 Illex Squid Specifications in Metric Tons
[mt]
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OFL..................................................... Unknown
ABC..................................................... 26,000
IOY..................................................... 24,825
DAH/DAP................................................. 24,825
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Comments and Responses
We received five relevant comments on the proposed rule from three
members of the public and two commercial fishing industry members. Two
comments from the general public were supportive of this action due to
the precautionary measures taken to conserve the Atlantic mackerel
stock. One comment from a member of the public suggested we cut quotas
by 50 percent but provided no rationale. Both members of the commercial
fishing industry were supportive of eliminating the 89-mt river herring
and shad catch cap trigger provision in order to maximize fishing
opportunity in the Atlantic mackerel fishery. However, they both
recommended we keep the higher catch cap originally set for 2020 (i.e.,
152 mt) to avoid another closure. We agree that removing the 89-mt
trigger provision increases the opportunity to fish for Atlantic
mackerel; however, the 129-mt river herring and shad catch cap was set
in relation to the 2020 ABC and is based on the best scientific
information available.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the Atlantic Mackerel, Squid, and Butterfish FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law.
There is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day
delay in effective date. The start of the fishing year began on January
1, 2020, and is currently operating under a higher mackerel ABC than
what will be implemented under this rule. There is a need to implement
this action in a timely manner to ensure this more conservative ABC is
not exceeded and to avoid public confusion. These specifications could
not have been put into place sooner to allow for a 30-day delayed
effectiveness because the information and data necessary for the
Council to develop this action was not available in time for it to be
forwarded to NMFS and implemented by January 1, 2020, the beginning of
the fishing year.
Additionally, because this rule relieves a restriction by removing
the initial 89-mt river herring and shad catch cap trigger provision,
it is not subject to the 30-day delayed effectiveness provision of the
APA pursuant to 5 U.S.C. 553(d)(1). If implementation of this action is
delayed, the 89-mt river herring and shad catch cap trigger may be
reached early in the fishing year for the third consecutive year,
resulting in a greatly reduced possession limit that effectively closes
the directed fishery. This would prevent the economic benefits from
this rule from being realized. Therefore, it is in the public interest
to implement this final action as soon as possible.
This final rule is exempt from review under Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification and no other information has been obtained
that suggests any other conclusion. As a result, a regulatory
flexibility analysis was not required and none was prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 21, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-03867 Filed 2-26-20; 8:45 am]
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