[Federal Register Volume 85, Number 165 (Tuesday, August 25, 2020)]
[Rules and Regulations]
[Pages 52275-52277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18396]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 200818-0220]
RIN 0648-BJ91


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

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

ACTION: Final rule.

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[[Page 52276]]

SUMMARY: This action reduces the in-season possession limit adjustment 
trigger for southern red hake due to an annual catch limit overage in 
fishing year 2018. Reduction of the trigger is a non-discretionary 
action intended to minimize the potential for catch overages in the 
future. This action also reduces the in-season possession limit because 
the trigger implemented with this action has been reached. The intent 
of this action is to inform the public of the possession limit trigger 
reduction and reduction in possession limit.

DATES: Effective August 25, 2020.

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Management 
Specialist, phone (978) 282-8456, or [email protected].

SUPPLEMENTARY INFORMATION:

Background

    This action reduces the in-season possession limit adjustment 
trigger for southern red hake, effective upon publication in the 
Federal Register, 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 southern red hake in 2018.
    The small-mesh multispecies fishery is managed as a component of 
the FMP, using a series of exemptions from the minimum mesh size 
requirements of the groundfish fishery. There are three hake 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 generally encompass the Gulf of Maine and Georges 
Bank, and the southern stock areas are in the southern New England and 
Mid-Atlantic regions. Silver hake, also known as ``whiting,'' is 
generally the primary target species of the fishery. Red hake are 
caught concurrently with whiting and in other small-mesh fisheries 
targeting squid and are typically sold as bait.
    Under the current regulations, if the small-mesh multispecies 
fishery exceeds its ACL for a stock in a given fishing year, the 
accountability measures require us to reduce the in-season possession 
limit adjustment trigger (currently 90 percent for southern red hake) 
in a subsequent fishing year. The reduction is one-to-one; therefore, 
the possession limit trigger is reduced by 1 percent for each 
percentage point by which the ACL was exceeded. During each fishing 
year, when we project that the landings have reached the trigger 
percentage of the total allowable level of landings (TAL), we reduce 
the possession limit for that stock to an incidental level for the 
remainder of the fishing year. Such accountability measure actions are 
taken under the authority of the FMP and the Magnuson-Stevens Fishery 
Conservation and Management Act.
    In fishing year 2018, the southern red hake ACL was 1,007 metric 
tons (mt). Southern red hake commercial catch, including landings and 
discards, was 1,507 mt, exceeding the ACL by 500 mt, or 49.6 percent. 
As a result, this action reduces the possession limit trigger from the 
90 percent to 40.4 percent of the TAL for fishing year 2020. The 
fishing year 2020 southern red hake TAL is 305 mt; therefore, the 
incidental limit takes effect when the fleet lands approximately 123.2 
mt. Review of catch reports as of July 31, 2020, indicate that the new 
in-season possession limit trigger, effective with this rule, has been 
reached (i.e., 135 mt of southern red hake have been harvested). As a 
result, the possession limit for southern red hake is hereby reduced 
from 5,000 lb (2,268 kg) to the incidental possession limit of 400 lb 
(181.4 kg) for the remainder of the year. The revised possession limit 
trigger will remain in effect until the New England Fishery Management 
Council (Council) changes it through specifications or a framework 
action. This action does 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 2018. At its June meeting, 
the Council took final action on alternatives to rebuild the overfished 
southern red hake stock. These alternatives include a reduced harvest 
level for a 10-year rebuilding period and tiered possession limits 
based on fishing gear. Separate rulemaking will be conducted to 
implement the southern red hake rebuilding measures.

Classification

    NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act. The reason for using this regulatory authority is the 
Secretary has the general responsibility for carrying out the 
provisions of the FMP. The NMFS Assistant Administrator has determined 
that this final rule is consistent with the Northeast Multispecies FMP 
and other applicable law.
    Pursuant to 5 U.S.C. 553(b)(B), there is good cause to waive prior 
notice and opportunity for additional public comment for the 
modifications to the southern 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 would 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, formulaic action required by the provisions of 
Amendment 19 to the FMP. Because the ACL was exceeded in 2018, the 90-
percent trigger for southern red hake is reduced by this rule to 40.4 
percent (123.2 mt). As of July 31, 2020, the fleet has landed 
approximately 135 mt, exceeding the new trigger limit put in place by 
this action. If the new trigger is not effective upon publication for 
the 2020 fishing year which started on May 1, 2020, the fishery will 
continue to exceed the catch limits because fishery participants would 
not be aware of the new reduced trigger level. This could result in 
adverse impacts to fishery resources and curtailed fishing 
opportunities leading to unnecessary adverse economic impacts for 
fishery participants. For the reasons stated above, there is also good 
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in 
effectiveness of these accountability measures.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule is not an Executive Order 13771 regulatory action 
because this action is not significant under Executive Order 12866.
    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., are inapplicable.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: August 18, 2020.
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:

[[Page 52277]]

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.  648.90, revise paragraph (b)(5)(iii) to read as follows:


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

* * * * *
    (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.......................................            40.4
Southern Silver Hake....................................              90
------------------------------------------------------------------------

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[FR Doc. 2020-18396 Filed 8-24-20; 8:45 am]
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