[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Rules and Regulations]
[Pages 13071-13074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04204]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 200225-0063]
RIN 0648-BF57


Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Northeast Multispecies Fishery; Approval of New Gear 
Under Small-Mesh Fisheries Accountability Measures

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

ACTION: Final rule.

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SUMMARY: This action approves new selective trawl gear for use in 
several non-groundfish fisheries when subject to the Georges Bank 
yellowtail flounder accountability measure. The selective gear reduces 
bycatch of groundfish species, while allowing the target fisheries to 
continue operating when selective trawl gear is required. This 
selective trawl gear will provide the fishing industry with more 
flexibility when accountability measures are triggered because there 
are limited selective trawl gears currently approved for use.

DATES: Effective April 6, 2020.

ADDRESSES: Written comments regarding the burden-hour estimates or 
other aspects of the collection-of-information requirements contained 
in this final rule may be submitted to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930, and by email to 
[email protected], or fax to (202) 395-7285. Copies of the 
studies referenced in this final rule may also be submitted to Michael 
Pentony at the above listed address.

FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Management

[[Page 13072]]

Specialist, phone: (978) 281-9116; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Northeast Multispecies Fishery Management Plan (FMP) requires 
the use of selective trawl gear in certain times and areas. The FMP 
specifies the list of selective trawl gear that are approved for use 
and that meet the required selectivity standards. The FMP also 
authorizes NMFS to approve additional selective gear, at the request of 
the New England Fishery Management Council, if the gear meets the 
regulatory requirements for new selective gear. The regulations (Sec.  
648.85 (b)(6)(iv)(J)(2)(i)) require that new selective gear must 
either: (1) Demonstrate a statistically significant reduction in catch 
of at least 50 percent, by weight, on a trip-by-trip basis, of each 
regulated species stock of concern or non-groundfish stocks that are 
overfished or subject to overfishing; or (2) catch of stocks of concern 
must be less than five percent of the total catch of regulated 
groundfish (by weight, on a trip-by-trip basis). Groundfish species 
(stocks) of concern are defined as a stock that is overfished and, or 
is subject to overfishing. The New England Fishery Management Council 
submitted two requests to add the large-mesh belly panel to the list of 
approved selective gears for: (1) The Georges Bank yellowtail 
accountability measure (AM); and (2) the southern windowpane AM.
    The small-mesh trawl fishery (e.g., whiting and squid) has a sub-
annual catch limit (ACL) and AM for Georges Bank yellowtail flounder. 
If catch exceeds the sub-ACL, the AM requires small-mesh trawl vessels 
to use selective trawl gear that reduces flatfish catch in certain 
areas in a subsequent fishing year.
    Southern windowpane flounder is allocated to three fishery 
components: Groundfish; scallops; and other (non-groundfish) fisheries. 
The other (non-groundfish) component is primarily the scup, fluke, 
squid, and whiting fisheries. If the AM for the other (non-groundfish) 
component is triggered, vessels fishing with any trawl gear with a 
codend mesh size greater than or equal to five inches (12.7 cm) are 
required to use one of the approved selective trawl gears to reduce 
bycatch (e.g., flounder stocks) in certain areas in Southern New 
England in a subsequent year.
    The selective trawl gears approved for use under these AMs are: 
Haddock separator trawl; Ruhle trawl; and rope separator trawl. When 
the New England Fishery Management Council developed, and we adopted, 
the AMs for the non-groundfish fisheries, many industry members 
expressed concern that the selective trawl gears currently approved for 
use were not suitable for their fisheries.
    To address this concern, Cornell University conducted a series of 
studies to test the effectiveness of the large-mesh belly panel in 
several non-groundfish fisheries. The experimental gear included a 
large-mesh panel to replace the first bottom belly of the trawl net 
that allows flatfish such as windowpane and yellowtail flounder to 
escape. The studies compared catch in a standard trawl for each fishery 
with a trawl outfitted with the large-mesh belly panel. On Georges Bank 
when the large-mesh belly panel was compared to a standard small-mesh 
trawl, catch of all species of concern was reduced on a trip-by-trip 
basis by 50 percent or more. When the large-mesh belly panel was tested 
in the southern windowpane flounder AM area, and compared to a net 
typical of those used in the scup fishery, it reduced catch of 
windowpane flounder by more than 50 percent on average, but not on each 
trip. The large-mesh belly panel did not reduce catch of all species of 
concern by at least 50 percent on a trip-by-trip basis. The results are 
described in more detail in the proposed rule (83 FR 57395), and copies 
of the Cornell reports are available from NMFS at the mailing address 
listed under ADDRESSES.
    Based on the results of the Cornell studies, we determined that the 
large-mesh belly panel meets the necessary gear performance standards 
for use in the Georges Bank yellowtail AM area, and we are approving 
the use of this gear in that area. We also determined that the large-
mesh belly panel does not meet the gear standard in the southern 
windowpane AM area because it did not reduce catch of all species of 
concern by at least 50 percent on a trip-by-trip basis. We are denying 
the request to approve its use in that area. These AM areas are only 
triggered when there are ACL overages. Based on fishing year 2018 
catch, we will not trigger either AM for fishing year 2020.

Comments and Responses

    We received six comments on the proposed rule. One comment was not 
related to the rulemaking and is not discussed further. All relevant 
comments were supportive of the proposal to approve the large-mesh 
belly panel for use when the Georges Bank yellowtail flounder AM is 
triggered for the small-mesh fisheries. Two commenters suggested the 
addition of clarifying text in the regulatory definition of the large-
mesh belly panel gear. This final rule contains a revised gear 
definition based on these comments.
    Comment 1: One member of the public supported the large-mesh belly 
panel for use in the Georges Bank yellowtail AM area because the 
results of the Cornell University study demonstrated that the gear 
meets the regulatory standards.
    Response: We agree. This final rule approves the large-mesh belly 
panel as a selective gear permitted for use in the Georges Bank 
yellowtail flounder AM area, when the AM is triggered.
    Comment 2: Two commenters, a gear researcher and a gear 
manufacturer, commented on the proposed gear definition. Both comments 
supported the proposed definition but suggested adding additional 
information to ensure that the area being covered by the large mesh 
panel is the same as the area of the panel being replaced. If the 
large-mesh panel inserted into the net was too wide, the gear would not 
fish as intended, and the effective mesh size would be reduced.
    Response: We agree. The design and construction of the large-mesh 
belly panel outfitted for an existing small mesh trawl is based on the 
premise that the large-mesh panel will have the same coverage area as 
the belly-panel it is replacing. To that end, the first step is to 
determine the ratio of the mesh sizes involved. The large-mesh belly 
twine is 80 cm (31.5 inches) knot center to knot center full mesh 
(KKFM), two meshes deep with a 40-cm (15.8-inch) sewing seam on the top 
and bottom. In most cases, the existing first bottom belly twine sizes 
are 12 cm (4.7 inches) KKFM and 16 cm (6.3 inches) KKFM yielding ratios 
of 20:3 and 5:1, respectively. To determine the appropriate width of 
the large-mesh panel, in number of meshes, you divide the number of 
meshes of the existing belly by the ratio. Because this ratio is unique 
to each net, and mesh being replaced, we have not prescribed a specific 
ratio in the regulatory definition of the net, but have provided a 
description of how it should be calculated, and several examples of its 
application.
    Comment 3: The researcher who conducted the studies cited in this 
rule commented in support of the approval of the large-mesh belly panel 
for the Georges Bank yellowtail flounder AM. The commenter also stated 
that the large-mesh belly panel significantly reduces the bycatch of 
windowpane flounder and should be approved for use when the AM for 
windowpane flounder is triggered for non-groundfish vessels fishing 
with trawl gear with a

[[Page 13073]]

codend mesh size greater than or equal to five inches (12.7 cm). The 
commenter suggested that NMFS should consider creating a new gear 
performance standard, consistent with accountability measure goals, to 
focus on evaluating the catch reductions specifically of the species 
the accountability measure was designed for, rather than all 
overfished/overfishing stocks.
    Response: This final rule approves the large-mesh belly panel for 
the Georges Bank yellowtail flounder AM. We do not have the authority 
to approve the large-mesh belly panel for windowpane flounder because 
it does not meet the selectivity standards. We agree that the gear 
standard should be reviewed and revisions considered to allow the 
approval of selective gears specific to the objectives of an AM that 
are consistent with the FMPs goals and objectives and the Magnuson-
Stevens Act requirements. The Council has recommended a modified gear 
standard when we are considering approval of a selective gear for use 
as an AM. This revision will be proposed in an upcoming action, 
Framework 59.
    Comment 4: One member of the fishing industry, who participates in 
the small-mesh fishery, commented in support of the approval of the 
large-mesh belly panel as a selective gear that can be used in the 
Georges Bank yellowtail flounder AM area when it has been triggered. 
The commenter cited the importance of selective gear to enable 
targeting of healthy stocks while reducing bycatch.
    Response: We agree. This final rule approves the large-mesh belly 
panel for the Georges Bank yellowtail flounder AM. We also agree that 
the continued development of opportunities that enable fishermen to 
target healthy stocks, while preventing, or reducing bycatch, is 
important to the success of the fishing industry and fish stocks.

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
these measures are necessary for the conservation and management of the 
Northeast multispecies fishery and that the measures are consistent 
with the Magnuson-Stevens Fishery Conservation and Management Act and 
other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule is considered an Executive Order 13771 deregulatory 
action. We cannot provide an estimate of cost savings due to the nature 
of this action. Cost savings will occur if the Georges Bank yellowtail 
AM is triggered and vessels opt to use the large-mesh belly panel gear 
to access the area. Use of an approved selective gear is required to 
access the AM area, when the AM has been triggered. This final rule 
approves the large-mesh belly panel as a selective gear for use in the 
Georges Bank yellowtail flounder AM area. The addition of a new 
selective gear provides increased opportunities for fishermen to access 
healthy target stocks when the area is otherwise closed to fishing. We 
do not know how many vessels will use the gear, or when the AM will be 
triggered in the future.
    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 regulatory flexibility 
analysis is not required and none was prepared.
    This final rule contains a collection-of-information requirement 
subject to the Paperwork Reduction Act (PRA). Requests to revise the 
collection-of-information approvals under control numbers 0648-0212 and 
0648-0201 have been submitted to OMB for approval. Public reporting 
burden for gear code selection is estimated to average one minute per 
response, including the time for reviewing instructions, searching 
existing data sources, gathering and maintaining the data needed, and 
completing and reviewing the collection of information. Send comments 
regarding these burden estimates or any other aspect of this data 
collection, including suggestions for reducing the burden, to NMFS (see 
ADDRESSES) and by email to [email protected], or fax to 202-
395-7285.
    Notwithstanding any other provision of the law, no person is 
required to respond to, and no person shall be subject to penalty for 
failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB control number. All currently approved NOAA 
collections of information may be viewed at: https://www.reginfo.gov/public/do/PRASearch #.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: February 25, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons stated 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.  648.84, add paragraph (f) to read as follows:


Sec.  648.84   Gear-marking requirements and gear restrictions.

* * * * *
    (f) Large-mesh belly panel trawl. A large-mesh belly panel trawl is 
defined as a four-seam bottom trawl net (i.e., a net with a top and 
bottom panel and two side panels) modified to include a large-mesh 
panel to replace the first bottom belly, as further specified in 
paragraphs (f)(1) through (3) of this section.
    (1) Mesh size. The minimum mesh size applied throughout the body of 
the trawl, as well as the codend mesh size, must be consistent with 
mesh size requirements specified in Sec.  648.80. If a vessel is 
fishing in an exemption area or an exempted fishery, it must comply 
with all of the requirements and conditions of the exemption.
    (2) Large-mesh belly panel. The large-mesh belly panel must have a 
minimum mesh size of 30 in (76.2 cm) measured using the standard 
defined in Sec.  648.80(f)(2). The owner or operator of a fishing 
vessel shall not use any mesh construction, mesh configuration, or 
other means on, in, or attached to the regulated portion of the net, as 
defined in this paragraph (f)(2), if it obstructs or constricts the 
meshes of the net in any manner. The width of the panel must extend the 
full width of the bottom panel (i.e., from one bottom gore to the other 
bottom gore). To determine the width of the large-mesh panel please see 
the explanation, and example provided below. The depth must be at least 
90 in (228.6 cm) and at least three meshes deep (two meshes deep with a 
15-in (38.1-cm) sewing seam on top and bottom). No more than six meshes 
of the small-mesh net may be left behind the sweep, before the large-
mesh panel is sewn in.
    (3) Determining panel width example. Assume the large-mesh twine is 
30 in (76.2 cm) knot center to knot center (KKFM), two meshes deep with 
a 15-in

[[Page 13074]]

(38.1-cm) sewing seam on the top and bottom. In most cases, the 
existing first bottom-belly twine sizes are 12 cm (4.7 in) KKFM and 16 
cm (6.3 in) KKFM yielding ratios of 20:3 and 5:1, respectively. 
Therefore, to determine the required width of large mesh panel, take 
the number of meshes of the existing belly and divide by the ratio. If 
the existing twine is 16 cm (6.3 in) KKFM, and the belly, six meshes 
behind the sweep is 150 meshes wide, you would divide 150 by 5:1 to get 
the width of the large-mesh panel, 30 meshes.

0
3. In Sec.  648.90, revise paragraph (a)(5)(v), to read as follows:


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

* * * * *
    (a) * * *
    (5) * * *
    (v) AM if the small-mesh fisheries GB yellowtail flounder sub-ACL 
is exceeded. If NMFS determines that the sub-ACL of GB yellowtail 
flounder allocated to the small-mesh fisheries, pursuant to paragraph 
(a)(4)(iii)(G) of this section, is exceeded, NMFS shall implement the 
AM specified in this paragraph consistent with the Administrative 
Procedures Act. The AM requires that small-mesh fisheries vessels, as 
defined in paragraph (a)(4)(iii)(G)(1) of this section, use one of the 
following approved selective trawl gear in the GB yellowtail flounder 
stock area, as defined at Sec.  648.85(b)(6)(v)(H): A haddock separator 
trawl, as specified in Sec.  648.85(a)(3)(iii)(A); a Ruhle trawl, as 
specified in Sec.  648.85(b)(6)(iv)(J)(3); a rope separator trawl, as 
specified in Sec.  648.84(e); a large-mesh belly panel trawl, as 
specified in Sec.  648.84(f); or any other gear approved consistent 
with the process defined in Sec.  648.85(b)(6). If reliable information 
is available, the AM shall be implemented in the fishing year 
immediately following the year in which the overage occurred only if 
there is sufficient time to do so in a manner consistent with the 
Administrative Procedure Act. Otherwise, the AM shall be implemented in 
the second fishing year after the fishing year in which the overage 
occurred. For example, if NMFS determined after the start of Year 2 
that the small-mesh fisheries sub-ACL for GB yellowtail flounder was 
exceeded in Year 1, the applicable AM would be implemented at the start 
of Year 3. If updated catch information becomes available subsequent to 
the implementation of an AM that indicates that an overage of the 
small-mesh fisheries sub-ACL did not occur, NMFS shall rescind the AM, 
consistent with the Administrative Procedure Act.
* * * * *
[FR Doc. 2020-04204 Filed 3-5-20; 8:45 am]
 BILLING CODE 3510-22-P