[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Proposed Rules]
[Pages 20316-20318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-07968]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160202068-6068-01]
RIN 0648-XE425


Fisheries of the Northeastern United States; Small-Mesh 
Multispecies Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: The purpose of this action is to modify the specifications for 
northern and southern red hake for fishing years 2016 and 2017. This 
action is necessary to implement the Council's recommended measures in 
response to updated scientific information. The proposed specifications 
are intended to help achieve sustainable yield and prevent overfishing.

DATES: Public comments must be received by April 22, 2016.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2016-0030, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0030, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930-2276. Mark the outside of the envelope: 
``Comments on Red Hake Specifications.''
    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 a part of the 
public record and will generally be posted for public viewing on 
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).
    New England Fishery Management Council staff prepared a 
Supplemental Information Report for the small-mesh multispecies 
specifications that describes the proposed action. The Council's 
document provides a discussion of the alternatives and the expected 
impacts. Copies of the specifications-related 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.

[[Page 20317]]


FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst, 
(978) 281-9218.

SUPPLEMENTARY INFORMATION: 

Background

    The New England Fishery Management Council manages the small-mesh 
multispecies fishery primarily through a series 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 fishery uses small mesh and modified nets that do not 
generally result in the catch of 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, as well as set the specifications for the 2012-2014 
fishing years. On May 28, 2015, specifications for the 2015-2017 
fishing years were published (80 FR 30379), based on stock assessment 
updates using data through the spring 2014 survey. These specifications 
were based on an update to the previously accepted stock assessment, 
using data through the 2014 Federal spring trawl survey. A stock 
assessment update was completed in 2015, using data through the 2015 
spring survey. The 2015 update indicates that the northern red hake 
stock is increasing in biomass, while the southern stock is decreasing.

Proposed Measures

    The purpose of this action is to modify the northern and southern 
red hake specifications for the 2016 and 2017 fishing years. The New 
England Fishery Management Council recommended these changes in 
response to its review of the most recent stock assessment update. A 
large year-class of northern red hake was identified in the 2013 
Federal survey data. Because those fish were small at the time the 
2015-2017 specifications were set, the impact to the specifications was 
minimal; however, the potential for a large increase in biomass during 
the middle of the specifications period was likely. The Council 
requested an update to the stock assessment in 2015 to monitor this 
year class and to adjust the specifications, if warranted.
    As expected, the 2015 stock assessment update showed an increase in 
the northern red hake stock. The update also showed a decrease in the 
southern red hake stock; however, the reasons for the decline in the 
southern stock area are unclear.
    In response to these changes, this rule proposes to increase the 
northern red hake and to decrease the southern red hake 2016 and 2017 
annual catch limits and total allowable landings limits (Table 1), 
consistent with the stock assessment update and the Council's 
recommendation. The increase to the northern stock specifications will 
allow the fishery to benefit from this increase in biomass, as well as 
avoiding unnecessary discards by ensuring the possession limit is not 
reduced sooner than needed, while not substantially changing the 
already low risk of overfishing. The decrease in the southern stock 
specifications is necessary to reduce the risk of overfishing, even 
though recent landings are approximately 20 percent below the proposed 
revised specifications (Table 2).

                         Table 1--Summary of the Red Hake Specifications, in Metric Tons
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                                                         Northern Red Hake               Southern Red Hake
                                                 ---------------------------------------------------------------
                                                     Existing        Proposed        Existing        Proposed
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Overfishing Limit...............................             331             556           3,400           1,816
Acceptable Biological Catch.....................             287             496           3,179           1,717
Annual Catch Limit (ACL)........................             273             471           3,021           1,631
Total Allowable Landings (TAL)..................           104.2             120         1,309.4             746
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 Table 2--Comparison Between Proposed 2016-2017 Red Hake Specifications
               and 2014 Catch and Landings, in Metric Tons
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                                 Northern Red Hake    Southern Red Hake
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Proposed ACL..................                  471                1,631
2014 Catch....................                  278                1,277
% of Proposed ACL.............                  56%                  74%
Proposed TAL..................                  120                  746
2014 Landings.................                   74                  603
% of Proposed TAL.............                  62%                  81%
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Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this proposed rule is 
consistent with the Northeast Multispecies FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This action is exempt from review under E.O. 12866 because this 
action contains no implementing regulations.
    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 in conjunction with a supplemental 
information report. These analyses identified 1,007 unique fishing 
entities, 990 of which are considered small under current business 
standards, in the Greater Atlantic Region that could be affected by the 
proposed change. However, only 167 federally permitted vessels, all of 
which qualify as small entities under the Small Business 
Administration's small business standards, are expected to

[[Page 20318]]

participate in the small-mesh fishery in the next two years. The 
proposed measures would modify the total allowable landings and catch 
limits consistent with recent scientific information. Under the 
proposed measures, the northern red hake stock catch limits increase, 
while the southern red hake stock catch limits decrease. A slight 
positive impact from the northern red hake stock may occur; however, 
red hake is generally not the target species for a given small-mesh 
fishing trip. Its value is much lower than silver hake (i.e., whiting), 
herring, and squid, which are the primary target species for vessels 
using small mesh. In addition, the southern red hake landings in recent 
years are below the proposed reduced landings limit, which is not 
expected to be constraining. Therefore, the economic impacts of this 
action are expected to be minimal. Although a large number of small 
entities may be affected, the effect will be neither negative nor 
significant.
    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action.

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

    Dated: April 1, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-07968 Filed 4-6-16; 8:45 am]
 BILLING CODE 3510-22-P