[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]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Percent      Discard                   Percent
                            Stock                                  OFL          ABC          ACL      change from      rate         TAL      change from
                                                                                                       2012-2014    (percent)                 2012-2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
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
--------------------------------------------------------------------------------------------------------------------------------------------------------
* 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)
------------------------------------------------------------------------
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]
 BILLING CODE 3510-22-P