[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Rules and Regulations]
[Pages 30379-30382]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12871]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 150205118-5443-02]
RIN 0648-BE87
Fisheries of the Northeastern United States; Small-Mesh
Multispecies Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule implements the New England Fishery Management
Council's recommended fishing year 2015-2017 specifications and
management measures for the small-mesh multispecies fishery, clarifies
what measures can be modified in a specifications package, and corrects
the northern red hake accountability measure. This action is necessary
to ensure that catch of these species does not exceed applicable
limits.
DATES: Effective May 28, 2015.
ADDRESSES: Copies of the specifications document, consisting of an
Environmental Assessment (EA) and other supporting documents, are
available on request from Thomas A. Nies, Executive Director, New
England Fishery Management Council, 50 Water Street, Newburyport, MA
01950. This document is also available from the following internet
addresses: www.greateratlantic.fisheries.noaa.gov/or www.nefmc.org.
Copies of the small entity compliance guide are available from John K.
Bullard, Regional Administrator, Greater Atlantic Region, National
Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA
01930-2298.
FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management
Specialist, (978) 281-9177.
SUPPLEMENTARY INFORMATION:
Background
The small-mesh multispecies fishery is managed primarily through a
serious of exemptions from the Northeast Multispecies Fishery
Management Plan (FMP). The small-mesh multispecies fishery is composed
of five stocks of three species of hakes (northern and southern silver
hake, northern and southern red hake, and offshore hake). It is managed
separately from the other stocks of groundfish such as cod, haddock,
and flounders, primarily because the fishing is done with much smaller
mesh and the fishery does not generally catch these other stocks.
Amendment 19 to the Northeast Multispecies FMP (April 4, 2013; 78 FR
20260) established a process and framework for setting the small-mesh
multispecies catch specifications.
The New England Fishery Management Council's Scientific and
Statistical Committee (SSC) met on August 26, 2014, to discuss the
specifications and to recommend ABCs for the 2015-2017 small-mesh
fishery. The FMP's implementing regulations require the involvement of
an SSC in the specification process. Following the SSC, the Whiting
Oversight Committee met on September 9 and October 30, 2014, to discuss
and recommend small-mesh specifications. The Council approved the final
specifications for recommendation to NMFS on November 17, 2014.
The purpose of this action is to set the specifications for small-
mesh multispecies for the 2015-2017 fishing years. These specifications
include overfishing limit (OFL), acceptable biological catch (ABC), and
total allowable landings (TAL) for each of the small-mesh multispecies
stocks. In 2012 and 2013, northern red hake catch rates exceeded the
annual catch limits (ACL) and the ABC. Northern red hake was also
determined to be experiencing overfishing. To reduce the risk of
continued overfishing on this stock and better constrain catch to the
ACL, this action implements the Council's recommended reduction of the
northern red hake possession limit from 5,000 lb (2,268 kg) to 3,000 lb
(1,361 kg) per trip. It also creates a new trigger point at which
possession limits are reduced inseason such that when landings of
northern red hake reach 45 percent of the TAL, the possession limit
will be reduced to 1,500 lb (680 kg). The possession limits and
inseason trigger accountability measures for the other stocks of small-
mesh multispecies remain unchanged from 2012-2014.
This final rule also includes a correction to the small-mesh
accountability measures and clarifies what measures can be modified in
a small-mesh multispecies specifications action.
Final Measures
1. 2015-2017 Small-Mesh Multispecies Specifications
The Council process for developing its specifications
recommendations for small-mesh multispecies can be found in the
proposed rule for this action published in the Federal Register on
April 8, 2015 (80 FR 18801), and is not repeated here. These
specifications remain effective for fishing years 2015-2017 unless
otherwise changed during that time.
Table 1--Summary of the Small-Mesh Multispecies Specifications for 2015-2017
[All weights in metric tons]
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Percent Discard Percent
Stock OFL ABC ACL change from rate TAL change from
2012-2014 (percent) 2012-2014
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N. Silver Hake............................................... 43,608 24,383 23,161 85 11.2 19,948.7 122.3
N. Red Hake.................................................. 331 287 273 2.6 60.6 104.2 15.4
S. Whiting *................................................. 60,148 31,180 29,621 -8.2 17.1 23,833.4 -12.6
S. Red Hake.................................................. 3,400 3,179 3,021 -2.4 55.3 1,309.4 -2.0
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* Southern whiting includes southern silver hake and offshore hake.
2. Northern Red Hake Possession Limit Reduction
This action reduces the northern red hake possession limit from
5,000 lb (2,268 kg) in place for fishing year 2014 to 3,000 lb (1,361
kg) for fishing years 2015-2017. This reduction in possession limit is
intended to delay the in-season accountability measure (AM) until later
in the year and to reduce the potential for northern red hake catches
[[Page 30380]]
to exceed the ACL (as occurred in fishing years 2012 and 2013).
3. Additional Northern Red Hake Possession Limit Reduction Trigger
This measure implements an additional inseason possession limit
reduction trigger for northern red hake when 45 percent of the TAL is
reached. For fishing years 2015-2017 the northern red hake possession
limit will be reduced from 3,000 lb (1,361 kg) to 1,500 lb (680 kg)
when landings reach this point.
4. Clarification on Modifications in a Specifications Action
When developing the rulemaking for this action, we determined that
the current regulations governing the specifications process do not
fully reflect the Council's intent in Amendment 19 regarding the scope
of measures that can be implemented through the specifications process.
Amendment 19 specified that the Council shall specify on at least a 3-
year basis the OFL, ABC, ACLs, and TALs for each small-mesh
multispecies stock as well as the corresponding possession limits,
including inseason possession limit triggers to be consistent with the
revised specification recommendations and estimates of scientific and
management uncertainty from the SSC. However, the implementing
regulations for Amendment 19 did not specify that adjustments to
possession limits and the inseason possession limit triggers were among
the items that could be modified in a specifications action. Consistent
with section 305(d) of the Magnuson-Stevens Act, this rule corrects
this inconsistency by including possession limits and inseason
possession limit triggers in small-mesh multispecies specifications
regulations.
5. Regulatory Correction
When the specifications were being developed, the Whiting Plan
Development Team identified an error in the previous set of
specifications (i.e., for fishing years 2012-2014). The details of this
error can be found in the proposed rule for this action published in
the Federal Register on April 8, 2015 (80 FR 18801), and are not
repeated here. Using Magnuson-Stevens Act section 305(d) authority,
this action corrects the AM. This changes the possession limit
reduction trigger point for reducing the possession limit for northern
red hake to 400 lb (181 kg) from 45 to 62.5 percent of the TAL. Future
AMs for fishing years in which the catch exceeds the ACL will be
deducted from the corrected 62.5-percent trigger, as outlined in the
small-mesh AM regulations at Sec. 648.90.
Comments and Responses
On April 8, 2015, NMFS published proposed specifications for public
notice and comment. One comment was received. This comment was not
relevant to the rule.
Classification
The Administrator, Greater Atlantic Region, NMFS, determined that
this final rule is necessary for the conservation and management of the
small-mesh multispecies fishery and that it is consistent with the
Magnuson-Stevens Act and other applicable laws.
The Office of Management and Budget has determined that this action
is not significant for the purpose of E.O. 12866.
The Assistant Administrator also finds good cause under authority
contained in 5 U.S.C. 553(d)(3) to waive the otherwise effective 30-day
delay in effective date. Because the fishing year began on May 1, 2015,
delaying the effectiveness of this action, particularly the northern
red hake measures (possession limit reduction, implement additional
possession limit trigger, correct accountability measures trigger rate)
would not be in the best interest of the fishery resource or vessels
fishing for small-mesh multispecies. NMFS could not promulgate this
rule sooner because necessary information from the Council was not
delivered until the end of March 2015. Although some of the northern
red hake measures are restrictive in nature because they reduce the
possession limit and implement an additional possession limit reduction
trigger, they are designed to slow catch rates and thus increase the
length of the overall season for the benefit of the fishermen and the
fishery. Delaying implementation of these red hake measures could
undermine in the short-term the intended benefits of extending the
fishing season and creating better market conditions. In 2012 and 2013,
northern red hake catch rates exceeded the ACL and ABC and the
possession limit was reduced to the incidental level earlier in the
season than anticipated. Delaying these measures again could result in
northern red hake ABC and ACL overages and the reduction of the
northern red hake possession limits to incidental levels earlier in the
season than desired as occurred in 2012 and 2013, thus undermining the
intent of the rule. Therefore, although the northern red hake measures
impose some restrictions, having the measures effective upon
publication is expected to be beneficial for the industry by extending
the season and beneficial for the resource by helping to prevent ACL
and ABC overages.
Because the specifications for the three other stocks remain the
same or, as for northern silver hake, increased, a delay is not needed
because they automatically remain in place or relieve a restriction.
Thus there would be no benefit to delaying the effectiveness of the
specifications because they do not impose any new restrictions.
A Final Regulatory Flexibility Analysis (FRFA) was prepared
pursuant to 5 U.S.C. 604(a), and incorporates the IRFA, a summary of
the significant issues raised by the public comments in response to the
IRFA, NMFS's responses to those comments, and a summary of the analyses
completed to support the action. A copy of the EA/IRFA is available
from the Council (see ADDRESSES).
The preamble to the proposed rule included a detailed summary of
the analyses contained in the IRFA, and that discussion is not repeated
here.
Final Regulatory Flexibility Analysis
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a
Statement of Any Changes Made in the Final Rule as a Result of Such
Comments
NMFS received no comments in response to the IRFA. One comment was
received on this rule, which was not relevant to the rule or the IRFA.
Description and Estimate of Number of Small Entities to Which the Rule
Would Apply
On June 12, 2014, the Small Business Administration (SBA) issued an
interim final rule revising the small business size standards for
several industries effective July 14, 2014 (79 FR 33467). The rule
increased the size standard from $19.0 million to $20.5 million for
finfish fishing, from $5.0 to $5.5 million for shellfish fishing, and
from $7.0 million to $7.5 million for other marine fishing, for-hire
businesses, and marinas. The small-mesh multispecies fishery falls
under the finfish category and, thus, has a threshold of $20.5 million
for determining small versus large entities. However, having different
size standards for different types of commercial fishing activities
creates difficulties in categorizing business that participate in
multiple fishing related activities, which is typically the case in the
fishing industry.
In order to fish for small-mesh multispecies, a vessel owner must
be
[[Page 30381]]
issued either one of the limited access category Northeast multispecies
permits or an open access Northeast Multispecies Category K Permit;
however, there are many vessels issued both of these types of permits
that may not actually fish for small-mesh multispecies. Based on
ownership data for 2011-2013, there were 1,087 distinct ownership
entities based on calendar year 2013 permits that could potentially
target small mesh multispecies. Of these, 1,069 are categorized as
small and 18 are categorized as large entities per the SBA guidelines.
While 1,087 commercial entities are directly regulated by the proposed
action, not all of these entities land small-mesh multispecies and are
not likely to be directly impacted by this rule. To estimate the number
of commercial entities that may experience impacts from the proposed
action, active small-mesh multispecies entities are defined as those
entities containing permits that are directly regulated and that landed
any silver hake or red hake in 2013 for commercial sale. There are 298
potentially impacted, directly regulated commercial entities, 295 of
which are classified as small entities.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
No reporting, recordkeeping, or other compliance requirements are
included in this final rule.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
During the development of these specifications, NMFS and the
Council considered ways to reduce the regulatory burden on, and provide
flexibility for, the regulated entities in this action. The
specifications and alternatives are described in detail in the
specifications document, which includes an EA, RIR, and IRFA (available
at ADDRESSES). The measures implemented by this final rule minimize the
economic impacts on small entities to the extent practicable.
This action revises the ACL specifications for northern and
southern stocks of silver and red hakes for fishing years 2015-2017.
The specifications are largely unchanged from previous years with the
exception of northern silver hake, which is significantly increased.
The specifications do not reduce the quotas and are therefore not
restrictive in nature and, therefore, are not expected to result in
significant positive or minor economic impacts on small entities.
In general, the remainder of the measures in this action involves
preventing northern red hake overages. Overall, this rule minimizes
economic impacts by slowing the catch rate of northern red hake while
still allowing small-mesh vessels to land northern red hake at more
sustainable levels. The previous measures were resulting in ABC and ACL
overages and the implementation of restrictive accountability measure
possession limit reductions earlier in the fishing season than desired.
The red hake measures in this action are designed to slow catch rates
and extend the length of the season creating the anticipated more
consistent market conditions and prices that are expected should be
beneficial for the small-mesh fishery. Alternatives to these measures
were analyzed and the final combination of northern red hake measures
in this rule were determined to be the optimum combination of
alternatives to prevent future ACL and ABC overages and minimize the
economic impact on small entities.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: May 21, 2015.
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. 648.86, paragraphs (d)(1)(i) introductory text, (d)(1)(ii)
introductory text, (d)(1)(iii) introductory text, and (d)(4)
introductory text are revised and paragraph (d)(5) is added to read as
follows:
Sec. 648.86 NE Multispecies possession restrictions.
* * * * *
(d) * * *
(1) * * *
(i) Vessels possessing on board or using nets of mesh size smaller
than 2.5 in (6.35 cm). Owners or operators of a vessel may possess and
land not more than 3,000 lb (1,361 kg) of red hake, and not more than
3,500 lb (1,588 kg) of combined silver hake and offshore hake, if
either of the following conditions apply:
* * * * *
(ii) Vessels possessing on board or using nets of mesh size equal
to or greater than 2.5 in (6.35 cm) but less than 3 in (7.62 cm). An
owner or operator of a vessel that is not subject to the possession
limit specified in paragraph (d)(1)(i) of this section may possess and
land not more than 3,000 lb (1,361 kg) of red hake, and not more than
7,500 lb (3,402 kg) of combined silver hake and offshore hake if either
of the following conditions apply:
* * * * *
(iii) Vessels possessing on board or using nets of mesh size equal
to or greater than 3 in (7.62 cm). An owner or operator of a vessel
that is not subject to the possession limits specified in paragraphs
(d)(1)(i) and (ii) of this section may possess and land not more than
3,000 lb (1,361 kg) of red hake, and not more than 30,000 lb (13,608
kg) of combined silver hake and offshore hake when fishing in the Gulf
of Maine or Georges Bank Exemption Areas, as described in Sec.
648.80(a), and not more than 40,000 lb (18,144 kg) of combined silver
hake and offshore hake when fishing in the Southern New England or Mid-
Atlantic Exemption Areas, as described in Sec. 648.80(b)(10) and
(c)(5), respectively, if both of the following conditions apply:
* * * * *
(d) * * *
(4) Accountability Measure In-season adjustment of small-mesh
multispecies possession limits. If the Regional Administrator projects
that an in-season adjustment TAL trigger level for any small-mesh
multispecies stock, as specified in Sec. 648.90(b)(5)(iii), has been
reached or exceeded, the Regional Administrator shall reduce the
possession limit of that stock to the incidental level for that stock,
as specified in this paragraph (d)(4), for the remainder of the fishing
year through notice consistent with the Administrative Procedure Act,
unless such a reduction in the possession limit would be expected to
prevent the TAL from being reached.
* * * * *
(5) In-season adjustment of Northern Red Hake Possession Limits. In
addition to the accountability measure in-season adjustment of small-
mesh multispecies possession limits specified in paragraph (d)(4) of
this section, if the Regional Administrator projects that 45 percent of
the northern red hake TAL has been reached or is exceeded, the Regional
Administrator shall reduce the possession limit for northern red hake
to
[[Page 30382]]
1,500 lb (680 kg) for the remainder of the fishing year unless further
reduced to the incidental possession limit according to the
accountability measure in-season adjustment of small-mesh multispecies
possession limits specified in paragraph (d)(4) of this section.
* * * * *
0
3. In Sec. 648.90, paragraphs (b)(4)(i) and (b)(5)(iii) are revised to
read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * * * *
(b) * * *
(4) Specifications package. (i) The Whiting PDT shall prepare a
specification package, including a SAFE Report, at least every 3 years.
Based on the specification package, the Whiting PDT shall develop and
present to the Council recommended specifications as defined in
paragraph (a) of this section for up to 3 fishing years. The
specifications package shall be the primary vehicle for the
presentation of all updated biological and socio-economic information
regarding the small-mesh multispecies fishery. The specifications
package shall provide source data for any adjustments to the management
measures that may be needed to continue to meet the goals and
objectives of the FMP. The specifications package may include
modifications to the OFL, ABC, ACL, TAL, possession limits, and in-
season possession limit triggers.
* * * * *
(5) * * *
(iii) Small-mesh multispecies in-season adjustment triggers. The
small-mesh multispecies inseason accountability measure adjustment
triggers are as follow:
------------------------------------------------------------------------
In-season
adjustment
Species trigger
(percent)
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Northern Red Hake...................................... 62.5
Northern Silver Hake................................... 90
Southern Red Hake...................................... 90
Southern Whiting....................................... 90
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[FR Doc. 2015-12871 Filed 5-27-15; 8:45 am]
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