[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)]
[Rules and Regulations]
[Pages 41866-41868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15202]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160202068-6532-02]
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: Final rule.

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SUMMARY: This final rule modifies 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. These final specifications are 
intended to help achieve sustainable yield and prevent overfishing on 
these two red hake stocks.

DATES: Effective June 28, 2016, until the effective date of the 2018-19 
annual specifications and management measures, which will publish in 
the Federal Register.

ADDRESSES: Copies of the specifications document, consisting of an 
Environmental Assessment (EA) and other supporting documents, are 
available 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 Regional Fisheries Office, 55 
Great Republic Drive, Gloucester, MA 01930-2298.

FOR FURTHER INFORMATION CONTACT: Peter Burns, Fishery Policy Analyst, 
(978) 281-9144.

SUPPLEMENTARY INFORMATION: 

[[Page 41867]]

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 for setting the small-mesh multispecies catch specifications, 
as well as set the specifications for the 2012-2014 fishing years. On 
May 28, 2015, NMFS published specifications for the 2015-2017 fishing 
years, based on stock assessment updates using data through the spring 
2014 survey (80 FR 30379). The Northeast Fisheries Science Center 
completed a stock assessment update 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.
    The purpose of this action is to modify the northern and southern 
red hake specifications for the 2016 and 2017 fishing years. The 
Council recommended these changes in response to its review of the 2015 
assessment update. The 2015 stock assessment update showed an increase 
in the northern red hake stock and a decrease in the southern red hake 
stock; however, the reasons for the decline in the southern stock area 
are unclear. In response to the updated stock assessment, the Council 
recommends modifications to the annual catch limits and total allowable 
landings limits.

Final Measures

    This rule increases the northern red hake and decreases 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 reduce unnecessary discards by delaying a reduction 
in the possession limits. This action will benefit the fishery without 
increasing the 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 revised 
level of total allowable landings (Table 2).

              Table 1--Summary of the Revised 2016 and 2017 Red Hake Specifications, in Metric Tons
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                                                        Northern  red hake              Southern  red hake
                                                 ---------------------------------------------------------------
                                                     Existing         Revised        Existing         Revised
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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 of Revised 2016-2017 Red Hake Specifications and
                 2014 Catch and Landings, in Metric Tons
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                                                     Northern   Southern
                                                     red hake   red hake
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Revised ACL.......................................        471      1,631
2014 Catch........................................        278      1,277
% of Revised ACL..................................        56%        74%
Revised TAL.......................................        120        746
2014 Landings.....................................         74        603
% of Revised TAL..................................        62%        81%
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Comments and Responses

    On April 7, 2016, NMFS published proposed specifications for public 
notice and comment. NMFS did not receive any comments in response to 
the proposed 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.
    This action is exempt from review under E.O. 12866 because this 
action contains no implementing regulations.
    The Assistant Administrator finds good cause under the authority of 
5 U.S.C. 553(d)(3) to waive the 30-day delay of the effective date. 
Because the fishing year began on May 1, 2016, delaying the 
effectiveness of this action, particularly the increase in the northern 
red hake catch limits, would not be in the best interest of the fishery 
resource or vessels fishing for small-mesh multispecies. The intent of 
this action is to allow the fishery to benefit from the increase in the 
northern red hake biomass by increasing the overall catch limits for 
the fishery. This action will also help to reduce red hake discards by 
ensuring that the possession limits are not reduced sooner than 
necessary. The accountability measures for the fishery require that the 
possession limits be reduced once certain harvest triggers are met. If 
the 30-day delay in the effective date stands, there is a risk that 
early-season fishing effort on the northern red hake stock could 
trigger a reduction in the possession limits before the increase in 
overall catch limits contained in this final rule take effect. In 2012 
and 2013, northern red hake catch rates exceeded the Annual Catch 
Limits (ACL) and Acceptable Biological Catch (ABC) and the possession 
limit was reduced to the incidental level earlier than anticipated. 
Such a situation could cause economic hardship for fishermen by 
restricting them to a lower possession limit until the higher catch 
limits contained in this rule take effect and the higher possession 
limits are re-instated. Therefore, having the increased catch limits 
take effect upon publication will optimize the benefits to the industry 
by extending the season and will benefit the resource by helping to 
prevent excess discards and overages to the ACL and ABC.
    In addition, making the measures in this final rule effective upon 
publication will assist in reducing the risk of overfishing the 
southern red hake stock, even though the fishery is not expected to 
exceed the reduced catch limits.
    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. As a result, a

[[Page 41868]]

regulatory flexibility analysis is not required and none was prepared.
    There are no new reporting or recordkeeping requirements contained 
in any of the final measures included in this action.

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

    Dated: June 22, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2016-15202 Filed 6-27-16; 8:45 am]
 BILLING CODE 3510-22-P