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The proposed rule and other materials
prepared in support of this action are
available at: https://www.fisheries.
noaa.gov/action/proposed-protectiveregulations-oceanic-whitetip-shark.
Public Hearings
One public hearing will be conducted
in-person and one hearing will be
conducted online as a Webex meeting,
as specified in ADDRESSES above. The
hearings will begin with a brief
presentation by NMFS that gives an
overview of the proposed protective
regulations for the oceanic whitetip
shark under section 4(d) of the ESA.
After the presentation but before public
comments, there will be a question and
answer session during which members
of the public may ask NMFS staff
clarifying questions about the proposed
protective regulations. Following the
question and answer session, members
of the public will have the opportunity
to provide oral comments on the record
regarding the proposed protective
regulations. Members of the public will
also have the opportunity to submit
written comments at the hearings.
Written comments may also be
submitted at any time during the
relevant public comment period as
described above (see DATES and
ADDRESSES). All oral comments will be
recorded, transcribed, and added to the
public comment record for this
proposed rule.
Authority: 16 U.S.C. 1531 et seq.
Dated: July 30, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024–17152 Filed 8–2–24; 8:45 am]
BILLING CODE 3510–22–P

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 240726–0205]

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RIN 0648–BN02

Fisheries of the Northeastern United
States; Framework Adjustment 16 to
the Mackerel, Squid, and Butterfish
Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:

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NMFS proposes regulations to
implement Framework Adjustment 16
to the Mackerel, Squid, and Butterfish
Fishery Management Plan. Framework
16 was developed by the Mid-Atlantic
Fishery Management Council to
establish a volumetric hold baseline for
limited access Illex squid vessels, clarify
Illex squid reporting requirements, and
allow NMFS to collect information on
the vessel processing type for Illex and
longfin squid vessels. This action is
necessary to restrict future increases in
the capacity of the Illex squid fishery
and to gain more accurate catch
information to inform stock
assessments.
DATES: Comments must be received on
or before Tuesday, August 20, 2024.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2024–0060, by the following
method:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2024–0060 in the Search
box (note: copying and pasting the
FDMS Docket Number directly from this
document may not yield search results).
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
The Mid-Atlantic Fishery
Management Council prepared a
Framework 16 document that describes
the proposed action and other
alternatives considered. Copies of this
document including the preliminary
Regulatory Impact Review, and the
Regulatory Flexibility Act analysis, are
available from: Dr. Christopher M.
Moore, Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201,
800 North State Street, Dover, DE 19901.
The document is also accessible via the
internet at https://www.mafmc.org/
supporting-documents.
FOR FURTHER INFORMATION CONTACT:
Maria Fenton, Fishery Policy Analyst,
SUMMARY:

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(978) 281–9196, or maria.fenton@
noaa.gov.
SUPPLEMENTARY INFORMATION:
General Background
In 2019, the Mid-Atlantic Fishery
Management Council (Council) initiated
Amendment 22 to the Mackerel, Squid,
and Butterfish Fishery Management
Plan (FMP). The intent of this action
was to revise the number and type of
Illex squid permits to address the
negative effects from a perceived race to
fish after the fishery closed in August or
September from 2017 to 2021 when the
annual quota had been caught.
However, NMFS ultimately disapproved
Amendment 22 on September 7, 2022,
because the agency concluded that the
record supporting the Council’s
proposal was not adequate or sufficient
to support a decision to further restrict
the number and types of permits in the
Illex squid fishery in light of the
Magnuson-Stevens Fishery
Conservation and Management Act’s
(Magnuson-Stevens Act) National
Standards, Amendment 22’s stated
purpose and need, and the goals and
objectives of the FMP. Following the
disapproval of Amendment 22, the
Council decided to move forward with
Framework 16 in order to address
potential latent effort in the Illex squid
fishery. The Council adopted proposed
Framework 16 measures at its October
2023 meeting with the goal of capping
fishing power in the Illex squid fishery.
Proposed Measures
The Magnuson-Stevens Act requires
NMFS to approve, partially approve, or
disapprove measures proposed by the
Council. The Magnuson-Stevens Act
also requires NMFS to publish proposed
rules for public comment after
preliminarily determining whether the
measures are consistent with applicable
law. NMFS is proposing and seeking
comment on the measures in
Framework Adjustment 16, as
recommended by the Council.
1. Volumetric Hold Baseline for Limited
Access Illex Squid Vessels
This action proposes establishing a
volumetric hold baseline for limited
access Illex squid vessels in order to
restrict future increases in capacity in
this fishery. This would be a vessel
baseline measurement in addition to the
standard horsepower and length
baseline measures required for all
federally permitted vessels in the
Greater Atlantic Region. If NMFS
implements the proposed volumetric
hold baseline requirement for limited
access Illex squid permit holders
through a subsequent final rule, a

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vessel’s fish hold capacity measurement
would need be certified by a qualified
individual or entity as specified in the
proposed regulation text. The fish hold
capacity measurement would need to be
submitted to NMFS and must include a
signed certification by the qualified
individual or entity within 12 months of
the implementation of the final rule for
this action. A similar volumetric hold
baseline requirement was implemented
for Tier 1 and Tier 2 Atlantic mackerel
permit holders through Amendment 11
to the Mackerel, Squid, and Butterfish
FMP in 2011 (76 FR 86842). If a vessel
already possesses a volumetric hold
baseline related to its Tier 1or Tier 2
Atlantic mackerel permit, that hold
baseline could be incorporated for its
limited access Illex squid permit as
well.
If a limited access Illex squid permit
is in Confirmation of Permit History
(CPH) when fish hold capacity
measurements are due, the default
volumetric hold baseline for that CPH
permit would be established based on
the fish hold capacity measurement of
the first replacement vessel greater than
20 ft (6.09 m) after the permit is
removed from CPH (at which point the
vessel’s fish hold would have to be
measured under the certification
requirements before fishing under the
permit). If a permit in CPH already had
an existing fish hold capacity
measurement for the vessel immediately
preceding the permit’s placement into
CPH which met the measurement
certification requirements, that fish hold
capacity measurement could be used to
establish a volumetric hold baseline for
the Illex squid permit within the
implementation period.
Replacement or upgraded vessels’ recertified fish hold capacity
measurements could not exceed 110
percent of the permit’s volumetric hold
baseline (i.e., there could only be an
increase of 10 percent beyond the
volumetric hold baseline). The modified
fish hold, or the fish hold of the
replacement vessel, would have to be
surveyed by a qualified surveyor as
described in the proposed regulation
text, unless the replacement vessel
already had an appropriate fish hold
capacity measurement on file with
NMFS.
2. Illex and Longfin Squid Processing
Type
This action also proposes to allow
NMFS to collect information on the
vessel processing type for Illex squid
moratorium permits and Tier 1 longfin
squid permits to help analyze the catch
per unit effort for these fisheries. This
information would be collected

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annually through the permit renewal
application process. When these vessels
submit their permit renewal application,
they would need to indicate the vessel
processing type (i.e., freezing at-sea,
refrigerated sea water, or fresh/iced) that
they primarily intend to use for the
coming fishing year.
3. Illex Squid Vessel Reporting
Clarifications
Finally, this action proposes to clarify
that limited access Illex squid vessels
are required to report daily via the
vessel monitoring system (VMS) while
on a declared Illex squid trip. This
clarification was requested by the
Council during the development of
Amendment 22, but due to the
disapproval of that action (for reasons
that had nothing to do with this
reporting adjustment), NMFS committed
to address this clarification in this
action instead. These daily catch reports
would include the amount of retained
and discarded Illex squid and total
pounds of all fish retained. These
reports need to 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 Illex
squid caught that day have not yet been
landed.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this proposed rule is consistent
with the Mackerel, Squid, and
Butterfish FMP, other provisions of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment. In
making a final determination, NMFS
will take into account the data, views,
and comments received during the
comment period.
This proposed rule has been
determined to be not significant for
purposes of Executive Order (E.O.)
12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The Council conducted an evaluation
of the potential socioeconomic impacts
of the proposed measures included in
this rule. This proposed action would
have the potential to affect vessels that
hold limited access Illex and longfin
squid permits. The analysis found that
in 2023, there were 180 affiliates that
held such permits, and 173 were small
business entities and 7 were classified

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63395

as large business entities. A business
primarily engaged in commercial fishing
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual receipts not in excess
of $11 million for all its affiliated
operations worldwide (North American
Industry Classification System Code
11411).
The primary impact for regulated
entities involves the cost of a survey to
document vessel hold size. This would
affect the 46 Illex squid permits that do
not also have a similar requirement
related to their existing Atlantic
mackerel permit. The cost of a marine
surveyor to measure a vessel’s fish hold
could cost approximately $10–$80 per
foot of vessel length, which could range
from $750–$6,000 for a 75-ft (22.9 m)
vessel to $1,500–$12,000 for a 150-ft
(45.7 m) vessel, depending on the
surveyor, the boat design, and travel
expenses. To the extent that surveys are
already required for insurance purposes
these costs may be already part of a
vessel’s operating costs. Given the
overall costs of operating a fishing
vessel, these one-time costs do not
appear to be a significant impact on a
substantial number of small entities.
The vessel hold baseline upgrade
restriction also limits how vessels may
be re-configured or replaced. However,
in the foreseeable future, a substantial
number of small entities are unlikely to
undergo extensive re-configurations or
replacements as vessels are already
restricted by their length overall and
horsepower.
The additional reporting requirements
and annual reporting requirement for
processing type should be a negligible
addition to existing documentation
requirements.
This proposed rule contains
collection-of-information requirements
subject to review and approval by the
Office of Management and Budget under
the Paperwork Reduction Act (PRA).
This rule revises the existing
requirements for the collection of
information 0648–0202, Greater Atlantic
Region Permit Family of Forms.
This action proposes that limited
access Illex squid vessels obtain a vessel
hold measurement and submit that
documentation to NMFS. There are 46
limited access Illex squid permits that
do not currently have a vessel hold
measurement on file with NMFS, the
remaining Illex squid permits already
have a vessel hold measurement on file
due to the same requirement for their
Tier 1 or Tier 2 Atlantic mackerel
permit. The burden estimate for
verifying vessel specifications is 3 hours

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Federal Register / Vol. 89, No. 150 / Monday, August 5, 2024 / Proposed Rules

per vessel therefore the total burden
hours would be 138 hours. The hourly
wage rate is $33.78 which would result
in a wage burden increase of $4,661.64
(138 hours × $33.78).
The costs and burden hours for daily
VMS reporting in the Illex squid fishery
have already been calculated and
received public comments through a
previous action. Therefore the changes
in this proposed rule are simply a
clarification of existing regulatory
requirements and do not need
additional approval through the PRA.
The reporting of the vessel processing
type that is proposed in this action will
be on the permit renewal form and will
add an negligible additional burden
amounting to no cost, therefore it also
does not need additional approval
through the PRA.
Public comment is sought regarding:
whether this proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information shall have practical utility;
the accuracy of the burden estimate;
ways to enhance the quality, utility, and
clarity of the information to be
collected; and ways to minimize the
burden of the collection of information,
including through the use of automated
collection techniques or other forms of
information technology. Submit
comments on these or any other aspect
of the collection of information at
www.reginfo.gov/public/do/PRAMain.
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.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: July 29, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.

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For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 648 as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:

■

Authority: 16 U.S.C. 1801 et seq.

2. In § 648.4, revise paragraphs
(a)(5)(ii)(F) and (H), and add paragraphs
(c)(2)(viii) and (ix) to read as follows:

■

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§ 648.4

Vessel permits.

*

*
*
*
*
(a) * * *
(5) * * *
(ii) * * *
(F) Upgraded vessel. See paragraph
(a)(1)(i)(F) of this section. In addition for
moratorium Illex squid permits, the
replacement vessel’s volumetric 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,
or the fish hold of the replacement
vessel, must be surveyed by a surveyor
(accredited as in paragraph (a)(5)(ii)(H)
of this section) and submitted to NMFS
unless the replacement vessel already
had an appropriate certification.
*
*
*
*
*
(H) Vessel Baseline specifications.
(1) The volumetric fish hold capacity
of vessels with an Illex squid
moratorium permit will be considered a
vessel baseline specification in addition
to the baseline specifications set forth in
paragraph (a)(3)(i)(H) of this section.
Volumetric fish hold capacity for
vessels with moratorium Illex squid
permit must be established not later
than [DATE 395 DAYS AFTER DATE
OF PUBLICATION OF FINAL RULE IN
THE FEDERAL REGISTER] if not
previously established as specified in
paragraphs (a)(5)(ii)(H)(2) of this
section. 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)(ii)(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. If the vessel’s
permit suite does not include a Tier 1
or Tier 2 limited access Atlantic
mackerel permit for which a volumetric
fish hold capacity baseline has been
established, the permit is not in CPH, or
the volumetric hold measurement is not
submitted as established by the date

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listed above, the subsequent moratorium
Illex squid permit renewal application
may be deemed incomplete until the
volumetric hold measurement has been
established.
(2) If an Illex squid vessel already
possesses a volumetric hold baseline
related to its Tier 1 or Tier 2 limited
access Atlantic mackerel permit as
specified in paragraph (a)(3)(iii)(H)(1),
that measurement will automatically
apply as a baseline specification for its
Illex squid moratorium permit.
(3) If an Illex squid permit in CPH has
an existing volumetric hold
measurement pursuant to paragraph
(a)(5)(ii)(H)(1) of this section for the
vessel immediately preceding the
permit’s placement into CPH, that
volumetric hold measurement may be
used to establish a vessel hold baseline
specification not later than [DATE 395
DAYS AFTER DATE OF PUBLICATION
OF FINAL RULE IN THE FEDERAL
REGISTER]. In the alternative, if an
Illex squid permit is in CPH, the
volumetric hold capacity baseline may
be the hold capacity of the first
replacement vessel greater than 20 ft
(6.09 m) after the permits are removed
from CPH. Hold capacity for the
replacement vessel must be measured
pursuant to paragraph (a)(5)(ii)(H)(1) of
this section.
*
*
*
*
*
(c) * * *
(2) * * *
(viii) The owner of a vessel that has
been issued a limited access Illex squid
permit must submit a volumetric hold
certification measurement, as described
paragraph (a)(5)(ii)(H) of this section,
otherwise the permit application for
2026 will be considered incomplete.
(ix) An application for limited access
Illex squid and Tier 1 longfin squid
permit must also contain the primary
vessel processing type for the coming
fishing year.
*
*
*
*
*
■ 3. In § 648.7, add paragraph (b)(3)(iv)
to read as follows:
§ 648.7 Record keeping and reporting
requirements.

*

*
*
*
*
(b) * * *
(3) * * *
(iv) Illex squid moratorium permit
owners or operators. The owner or
operator of a vessel issued an Illex squid
moratorium permit must report catch
(retained and discarded of Illex squid
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:
Electronic Vessel Trip Report Trip

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Identifier; month, day, and year Illex
squid was caught; total pounds of Illex
squid retained and total pounds of all
fish retained. Daily Illex squid VMS
catch reports must be submitted in 24-

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hr intervals for each day and must be
submitted by 0900 hr on the following
day. Reports are required even if Illex
squid caught that day have not yet been
landed. This report does not exempt the

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owner or operator from other applicable
reporting requirements of this section.
*
*
*
*
*
[FR Doc. 2024–17037 Filed 8–2–24; 8:45 am]
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