[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Rules and Regulations]
[Pages 21477-21480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09393]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170126124-7124-01]
RIN 0648-BG63


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northern Red 
Hake Accountability Measure

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

ACTION: Final rule.

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SUMMARY: This action reduces the in-season possession limit adjustment 
trigger for northern red hake due to an annual catch limit overage in 
fishing year 2015. Reduction of the trigger is a non-discretionary 
action intended to minimize the potential for catch overages in the 
future. This action reinstates regulatory text that we inadvertently 
removed during a previous rule making action. The intent of this action 
is to inform the public of this reduction in the possession limit 
trigger. The regulatory correction is

[[Page 21478]]

intended to clarify the original purpose of the regulation.

DATES: The rule is effective May 9, 2017.

FOR FURTHER INFORMATION CONTACT: Peter Burns, Fishery Policy Analyst, 
phone (978) 281-9144, or [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    This action reduces the in-season possession limit adjustment 
trigger for northern red hake, effective May 9, 2017, as described in 
the Northeast Multispecies Fishery Management Plan (FMP). The 
accountability measures for the small-mesh multispecies fishery require 
the reduction of the possession limit adjustment trigger when the 
fishery exceeds a stock's annual catch limit (ACL), as occurred with 
northern red hake in 2015. Additionally, this action reinstates the 
regulatory text that details the raised-footrope trawl gear 
specifications. Use of the raised-footrope trawl is mandatory in 
certain small-mesh exemption areas. This action reinstates the 
regulatory text that we inadvertently removed from the regulations when 
we published the final rule to implement the measures in Amendment 19 
to the Northeast Multispecies FMP in 2013 (78 FR 20260; April 4, 2013).
    The small-mesh multispecies fishery is managed as a component of 
the Northeast Multispecies FMP, using a series of exemptions from the 
minimum mesh size requirements of the groundfish fishery. There are 
three species managed as five stocks under these regulations (northern 
and southern silver hake, northern and southern red hake, and offshore 
hake). The northern stock areas are generally the Gulf of Maine and 
Georges Bank, and the southern stock areas are in Southern New England 
and the Mid-Atlantic regions. Silver hake, also known as ``whiting,'' 
is generally the primary target species of the fishery. Red hake is 
caught concurrently with whiting and is typically sold as bait.
    Under the current regulations, if catch of a small-mesh 
multispecies stock exceeds its ACL in a given fishing year, we are 
required to reduce the in-season possession limit adjustment trigger 
(currently 62.5 percent for northern red hake) in a subsequent fishing 
year by 1 percent for each 1 percent by which the ACL was exceeded. 
During the fishing year, when we project that the landings have reached 
the trigger percentage of the total allowable landings (TAL), we will 
reduce the possession limit for that stock to an incidental level for 
the remainder of the fishing year.
    This is not the first time that we have reduced the northern red 
hake in-season possession limit adjustment trigger. In fishing year 
2012, the trigger for the incidental catch limit was 90 percent for all 
small-mesh multispecies stocks. We initially determined that the 
northern red hake ACL was exceeded by 45 percent in 2012 and 2013, so 
the incidental possession limit trigger was reduced from 90 percent to 
45 percent, beginning in fishing year 2014. During development of the 
whiting specifications for fishing years 2015-2017, the New England 
Fishery Management Council's Small-Mesh Multispecies Plan Development 
Team determined that the 2012 ACL had been underestimated, meaning that 
the catch had exceeded the ACL less than previously thought. 
Accordingly, we adjusted the possession limit trigger for northern red 
hake from 45 percent to 62.5 percent of the TAL, beginning in fishing 
year 2015.
    We included the adjusted possession limit trigger in the final 
specifications packages for the 2015-2017 fishing years. That action 
also reduced the northern red hake possession limit from 5,000 lb 
(2,268 kg) to 3,000 lb (1,361 kg) per trip to delay the in-season 
accountability measure until later in the season and minimize the 
chance of a subsequent ACL overage, as occurred in fishing years 2012 
and 2013. As an additional means of extending the season and reducing 
red hake discards, it established a new in-season possession limit 
trigger that reduced the possession limit for northern red hake to 
1,500 lb (680 kg) per trip when estimated landings reach 45 percent of 
the TAL.
    In fishing year 2015, the northern red hake ACL was 273 mt, with a 
TAL of 104 mt. Northern red hake commercial catch, including landings 
and discards, was 340 mt, exceeding the ACL by 67 mt, or 24.6 percent. 
Accordingly, this action reduces the possession limit trigger by 24.6 
percent, from 62.5 percent of the TAL to 37.9 percent of the TAL, 
effective May 9, 2017. This measure reduces the possession limit for 
northern red hake from 3,000 lb (1,361 kg) per trip to the incidental 
possession limit of 400 lb (181 kg) once the fleet is projected to land 
45.5 mt in fishing year 2017. This action also necessitates the removal 
of the 1,500-lb (680-kg) possession limit at 45 percent of the TAL. The 
reduced trigger will remain in effect until the Council changes it 
through specifications or a framework action. This action will not 
alter the possession limit triggers for any of the other small-mesh 
multispecies stocks because catch of those stocks did not exceed the 
respective ACLs in 2015.
    In addition to adjusting the possession limit trigger percentage, 
this action re-instates important regulatory text that we inadvertently 
deleted from the regulations during a previous rulemaking action. 
Specifically, text for paragraphs (a)(9)(ii)(A) through (D) of Sec.  
648.80 were mistakenly removed from the regulations when an amendment 
in a final rule implementing measures for Amendment 19 was incorporated 
into the Code of Federal Regulations. Those longstanding paragraphs 
provide the detailed gear specifications for the raised-footrope trawl, 
a gear type that fishermen must use when fishing in certain small-mesh 
exemption areas. In that rule, we had intended only to amend the 
introductory text to Sec.  648.80(a)(9)(ii), but the subsequent 
paragraphs were ultimately removed when the amendment was incorporated 
into the Code of Federal Regulations.
    For reasons described below, there is good cause to waive the 30-
day delay of the effective date for the actions in this final rule. 
Accordingly, the adjusted possession limit adjustment trigger and the 
reinstatement of the regulatory text take effect immediately upon 
publication in the Federal Register (see Classification).

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries, NOAA, finds good cause to waive prior notice and opportunity 
for additional public comment for the modifications to the northern red 
hake possession limit trigger because it would be impracticable and 
contrary to the public interest. The final rule for Amendment 19 to the 
Northeast Multispecies FMP, which set the specifications and 
accountability measures for the small-mesh multispecies fishery, 
already considered comment on these measures with the understanding 
that the possession limit trigger could be adjusted when the ACL is 
exceeded. This action modifies the regulations regarding the 
accountability measures as intended by the Council and as required in 
the regulations. Adjustment of the possession limit trigger is a non-
discretionary action required by the provisions of Amendment 19. 
Currently, these regulations specify the northern red hake trigger at 
62.5 percent of the TAL. Because the ACL was exceeded, the 62.5-percent 
trigger for northern red hake will be reduced to 37.9 percent. If the 
new trigger is not published near the start of the 2017 fishing year on 
May 1, 2017, the fishery could once again exceed the catch limits 
because

[[Page 21479]]

fishermen would not be aware of the new reduced trigger level, which 
could result in adverse impacts to fishery resources and curtailed 
fishing opportunities leading to unnecessary adverse economic impacts 
for fishery participants. The Council and industry were informed of 
this necessary action at recent meetings of the Council (September 20, 
2016), the Council's Small-Mesh Multispecies Committee (October 13, 
2016), and at a joint meeting of the Council's Small-Mesh Multispecies 
Plan Development Team and Advisory Panel (October 6, 2016). During 
those meetings, there was no indication that the Council intended to 
reconsider the need for this non-discretionary adjustment to the 
possession limit trigger. For the reasons stated above, pursuant to 5 
U.S.C. 553(d)(3), the Assistant Administrator for Fisheries, NOAA, also 
finds good cause to waive the 30-day delay in effectiveness of these 
accountability measures.
    As to the reinstatement of the regulatory text in paragraphs 
(a)(9)(ii)(A)-(D) in Sec.  648.80, pursuant to 5 U.S.C. 553(b)(B), the 
Assistant Administrator for Fisheries, NOAA, also finds there is good 
cause to waive prior notice and comment as it would be impracticable 
and contrary to the public interest. The reinstatement of the 
regulatory text in paragraphs (a)(9)(ii)(A)-(D) in Sec.  648.80 is 
necessary to ensure the proper specifications for the raised footrope 
trawl in the small-mesh fishery. The extraction of the relevant text 
was a drafting error and was not intended under Amendment 19, which was 
the basis for the rulemaking by which the text was inadvertently 
deleted. The industry has continued to comply with these 
specifications, which constitute standard industry practice, but the 
text setting forth these requirements is missing from the regulations. 
The specifications ensure that the trawl net is rigged to avoid contact 
with the ocean bottom to reduce the bycatch of non-targeted regulated 
species. The absence of these regulations may cause harm to fishery 
resources and benthic habitat and, therefore, should be reinstated as 
soon as practicable before the start of the 2017 fishing year to 
maintain the regulations as intended in the FMP. These gear 
requirements have undergone the appropriate level of notice and comment 
prior to their initial publication in the regulations. Delaying the re-
instatement of this component of the fishery specifications to allow 
for notice and comment would be contrary to the public interest because 
it could have negative implications on the resource and create 
confusion for the industry. In addition, a delay for additional comment 
would be counter to the intent of the Council, which has not requested 
a reconsideration of the need for these important specifications. For 
the reasons stated above, pursuant to 5 U.S.C. 553(d)(3), the Assistant 
Administrator for Fisheries, NOAA, also finds good cause to waive the 
30-day delay in effectiveness of the raised footrope trawl regulations.
    Because prior notice and opportunity for public comment are not 
required for this rule by 5 U.S.C. 553, or any other law, the 
analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 
et seq., do not apply.
    This rule is not significant for the purposes of Executive Order 
12866.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 4, 2017.
Alan D. Risenhoover,
Acting 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.  648.80, paragraphs (a)(9)(ii)(A) through (D) are added to 
read as follows:


Sec.  648.80  NE Multispecies regulated mesh areas and restrictions on 
gear and methods of fishing.

* * * * *
    (a) * * *
    (9) * * *
    (ii) * * *
    (A) Eight-inch (20.3-cm) diameter floats must be attached to the 
entire length of the headrope, with a maximum spacing of 4 ft (122.0 
cm) between floats.
    (B) The ground gear must all be bare wire not larger than \1/2\ 
inch (1.2 cm) for the top leg, not larger than \5/8\ inch (1.6 cm) for 
the bottom leg, and not larger than \3/4\ inch (1.9 cm) for the ground 
cables. The top and bottom legs must be equal in length, with no 
extensions. The total length of ground cables and legs must not be 
greater than 40 fathoms (73 m) from the doors to wing ends.
    (C) The footrope must be longer than the length of the headrope, 
but not more than 20 ft (6.1 m) longer than the length of the headrope. 
The footrope must be rigged so that it does not contact the ocean 
bottom while fishing.
    (D) The raised footrope trawl may be used with or without a chain 
sweep. If used without a chain sweep, the drop chains must be a maximum 
of \3/8\-inch (0.95-cm) diameter bare chain and must be hung from the 
center of the footrope and each corner (the quarter, or the junction of 
the bottom wing to the belly at the footrope). Drop chains must be hung 
at intervals of 8 ft (2.4 m) along the footrope from the corners to the 
wing ends. If used with a chain sweep, the sweep must be rigged so it 
is behind and below the footrope, and the footrope is off the bottom. 
This is accomplished by having the sweep longer than the footrope and 
having long drop chains attaching the sweep to the footrope at regular 
intervals. The forward end of the sweep and footrope must be connected 
to the bottom leg at the same point. This attachment, in conjunction 
with the headrope flotation, keeps the footrope off the bottom. The 
sweep and its rigging, including drop chains, must be made entirely of 
bare chain with a maximum diameter of \5/16\ inches (0.8 cm). No 
wrapping or cookies are allowed on the drop chains or sweep. The total 
length of the sweep must be at least 7 ft (2.1 m) longer than the total 
length of the footrope, or 3.5 ft (1.1 m) longer on each side. Drop 
chains must connect the footrope to the sweep chain, and the length of 
each drop chain must be at least 42 inches (106.7 cm). One drop chain 
must be hung from the center of the footrope to the center of the 
sweep, and one drop chain must be hung from each corner. The attachment 
points of each drop chain on the sweep and the footrope must be the 
same distance from the center drop chain attachments. Drop chains must 
be hung at intervals of 8 ft (2.4 m) from the corners toward the wing 
ends. The distance of the drop chain that is nearest the wing end to 
the end of the footrope may differ from net to net. However, the sweep 
must be at least 3.5 ft (1.1m) longer than the footrope between the 
drop chain closest to the wing ends and the end of the sweep that 
attaches to the wing end.
* * * * *


Sec.  648.86  [Amended]

0
3. In Sec.  648.86, paragraph (d)(5) is removed.

0
4. In Sec.  648.90, paragraph (b)(5)(iii) is amended to read as 
follows:


Sec.  648.90  NE multispecies assessment, framework procedures and 
specifications, and flexible area action system.

* * * * *

[[Page 21480]]

    (b) * * *
    (5) * * *
    (iii) Small-mesh multispecies in-season adjustment triggers. The 
small-mesh multispecies in-season accountability measure adjustment 
triggers are as follows:

------------------------------------------------------------------------
                                                             In-season
                                                            adjustment
                         Species                              trigger
                                                             (percent)
------------------------------------------------------------------------
Northern Red Hake.......................................            37.9
Northern Silver Hake....................................              90
Southern Red Hake.......................................              90
Southern Silver Hake....................................              90
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[FR Doc. 2017-09393 Filed 5-8-17; 8:45 am]
BILLING CODE 3510-22-P