[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Rules and Regulations]
[Pages 70124-70126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19435]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240826-0226; RTID 0648-XD769]


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; 2024-2026 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: NMFS approves and implements final small-mesh multispecies 
specifications for the 2024 fishing year, and projected specifications 
for fishing years 2025 and 2026. This action is necessary to establish 
allowable harvest levels and other management measures consistent with 
the most recent scientific information. This rule informs the public of 
these final fishery specifications for the 2024 fishing year.

DATES: Effective September 30, 2024.

ADDRESSES: The New England Fishery Management Council prepared an 
environmental assessment (EA) for these specifications that describes 
the action and other considered alternatives. The EA provides: an 
analysis of the biological, economic, and social impacts of the 
preferred measures and other considered alternatives; a Regulatory 
Impact Review; and an economic analysis. Copies of these 
specifications, including the EA, Regulatory Flexibility Act Analyses, 
and other supporting documents for the action are available upon 
request from Dr. Cate O'Keefe, Executive Director, New England Fishery 
Management Council, 50 Water Street, Newburyport, MA 01950. These 
documents are also accessible via the internet at: https://www.nefmc.org/library/2024-2026-small-mesh-multispecies-whiting-specifications.

FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Policy 
Analyst, (978) 282-8456.

SUPPLEMENTARY INFORMATION: 

Background

    The New England Fishery Management Council (Council) manages the 
small-mesh multispecies fishery within the Northeast Multispecies 
Fishery Management Plan (FMP). The small-mesh multispecies fishery is 
made up of three species of hakes that are

[[Page 70125]]

managed as five stocks: (1) Northern and southern silver hake; (2) 
northern and southern red hake; and (3) offshore hake. Southern silver 
hake and offshore hake are often grouped together for management 
purposes and collectively referred to as ``southern whiting.'' 
Amendment 19 to the FMP (April 4, 2013, 78 FR 20260) established a 
process for specifying catch limits for the small-mesh multispecies 
fishery stocks, including values for an overfishing limit (OFL), 
acceptable biological catch (ABC), annual catch limit (ACL), and total 
allowable landings (TAL). The FMP requires that this specifications 
process be implemented on an annual basis for up to 3 years at a time 
with each fishing year running from May 1 through April 30.
    This action implements catch limit specifications for the 2024 
small-mesh multispecies fishery and announces final specifications for 
fishing years 2025 and 2026 based primarily on the Council's 
recommendations. This rule implements the Council's recommended catch 
limits for northern silver hake, southern whiting, and northern red 
hake. Pursuant to section 305(d) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), this rule 
implements an ABC for southern red hake that is 25 percent lower than 
the Council's recommendation in order to comply with the requirements 
established in Framework Adjustment 62 to the Northeast Multispecies 
FMP (87 FR 3694, January 25, 2022).
    Framework 62 established a rebuilding plan for southern red hake 
that requires the ABC be set to 75 percent of the fishing mortality 
rate at maximum sustainable yield (FMSY). However, the OFL 
for red hake has been unknown since the spring of 2020, when a peer 
review of the management track assessment rejected a new empirical 
approach that would have updated the reference points for the stock. 
The peer review further stated that the current index-based method was 
inappropriate moving forward. Based on this, the Council set the 2021-
2023 specifications to reduce the ABC to equal 75 percent of 
FMSY. At its October 27, 2023, meeting, the Council's 
Scientific and Statistical Committee (SSC) met to discuss the 
specifications for small-mesh multispecies stocks. When setting the ABC 
for southern red hake, the SSC did not reduce the recommended ABC as 
required by Framework 62. The SSC's rationale for that decision was 
that, although exploitation is low, the low stock biomass may be a 
result of reduced stock productivity producing weak year classes and 
that the recommended ABC is not likely to result in overfishing and 
will support rebuilding goals for the stock. Based on the SSC's 
rationale, the Council submitted recommended specifications without the 
required reduction. This rule implements an ABC that complies with the 
rebuilding plan for southern red hake. The fishery has not landed more 
than 76 percent of the proposed total allowable landings; therefore, we 
do not anticipate that this additional reduction to the ACL would 
impact the fishery as a whole.

Final Specifications

    This action implements the 2024 and provides the projected 2025-
2026 small-mesh multispecies catch specifications, based largely on the 
Council's recommendations, with the southern red hake specifications 
adjusted as required by the rebuilding plan. The final catch limits 
increase annual quotas for northern silver hake and decrease the quota 
for southern whiting and both red hake stocks (table 1). Specifications 
for fishing years 2025 and 2026 are projected to be the same as the 
2024 limits. These specifications are based on the most recent 
assessment update using the best scientific information available.

   Table 1--Small-Mesh Multispecies Specifications for Fishing Years 2024-2026 (in metric tons (mt)), With the
                                Percent Change in the ACL From Fishing Year 2023
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                                                                                                     ACL percent
                                                     OFL          ABC          ACL          TAL      change from
                                                                                                         2023
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Northern Red Hake..............................      Unknown        3,129        2,973        1,274           -9
Northern Silver Hake...........................       79,473       40,868       38,825       31,347         +100
Southern Red Hake..............................      Unknown     ** 1,370        1,301          234           -9
Southern Whiting *.............................       35,419       20,149       19,142       13,881          -51
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* Southern whiting includes both southern silver hake and offshore hake.
** The Council recommended ABC was 1,826 mt, a 21-percent increase from 2023.

    The Council did not recommend changes to any other regulations for 
the small-mesh multispecies fishery. Therefore, all other fishery 
management measures remain unchanged under the final action. The 
Council will review the projected 2025 and 2026 specifications to 
determine if any changes need to be made prior to their final 
implementation. Changes may occur if quota overages trigger 
accountability measures, or if new stock information results in changes 
to the ABC recommendations. We will publish a notice prior to the 2025 
fishing year to confirm the specifications or announce any necessary 
changes.

Comments and Responses

    The proposed rule for this action was published in the Federal 
Register on July 22, 2024 (89 FR 59034), and comments were accepted 
through August 6, 2024. NMFS received one relevant comment on the 
proposed rule from the Council. The Council commented in support of the 
rule with the request that we correct the northern red hake TAL in the 
rule's preamble to reflect its recommended TAL. The Council also 
acknowledged our requirement to adjust the southern red hake ABC to 
meet the requirements of the rebuilding plan, even though it was not 
the Council's recommended ABC. NMFS has corrected the northern red hake 
TAL to reflect the Council's recommendation and that change is 
reflected in both the body of the rule and in the section below. NMFS 
also acknowledges the Council's justifications for why it did not 
reduce the ABC for southern red hake and appreciates its understanding 
in NMFS' obligation to reduce the ABC by 25 percent in order to fulfill 
the legal requirements outlined under the rebuilding plan in Framework 
62.

Changes From the Proposed Rule

    There was one change from the proposed rule addressing the TAL for 
northern red hake. We inadvertently listed the TAL as 213 metric tons 
(mt)

[[Page 70126]]

in table 1 instead of 1,274 mt. The correction to implement a 1,274 mt 
TAL in this final rule is consistent with the Council's recommended 
TAL.

Classification

    Pursuant to section 304(b)(3) of the Magnuson-Stevens Act, the NMFS 
Assistant Administrator has determined that these final specifications 
are necessary for the conservation and management of the small-mesh 
multispecies fishery, and that they are consistent with the Northeast 
Multispecies FMP, other provisions of the Magnuson-Stevens Act, and 
other applicable law.
    This final rule is exempt from review under Executive Order 12866.
    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 and the initial certification remains 
unchanged. As a result, a final regulatory flexibility analysis is not 
required and none was prepared.
    This final rule does not duplicate, conflict, or overlap with any 
existing Federal rules.
    This action contains no information collection requirements under 
the Paperwork Reduction Act of 1995.

    Dated: August 26, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2024-19435 Filed 8-28-24; 8:45 am]
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