Proposed Rule2021-12282
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2021-2023 Small-Mesh Multispecies Specifications
Primary source
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Published
June 11, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes small-mesh multispecies specifications for the 2021 fishing year, and projected specifications for fishing years 2022 and 2023, as recommended by the New England Fishery Management Council. This action also proposes changes to whiting possession limits on certain trips and would restore the in-season adjustment trigger for northern red hake. This action is necessary to establish allowable harvest levels and other management measures consistent with the most recent scientific information. This rule also informs the public of the proposed fishery specifications and provides an opportunity for comment.
Full Text
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<title>Federal Register, Volume 86 Issue 111 (Friday, June 11, 2021)</title>
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[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Proposed Rules]
[Pages 31262-31264]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-12282]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 210607-0122]
RIN 0648-BK55
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; 2021-2023 Small-Mesh Multispecies Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: NMFS proposes small-mesh multispecies specifications for the
2021 fishing year, and projected specifications for fishing years 2022
and 2023, as recommended by the New England Fishery Management Council.
This action also proposes changes to whiting possession limits on
certain trips and would restore the in-season adjustment trigger for
northern red hake. This action is necessary to establish allowable
harvest levels and other management measures consistent with the most
recent scientific information. This rule also informs the public of the
proposed fishery specifications and provides an opportunity for
comment.
DATES: Comments must be received by June 28, 2021.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2021-0043, by the following method:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
1. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and enter ``NOAA-NMFS-2021-
0043'' in the Search box;
2. Click the ``Comment'' icon, complete the required fields; and
3. Enter or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
The New England Fishery Management Council prepared a draft
environmental assessment (EA) for this action that describes the
proposed measures and other considered alternatives. The EA also
provides an economic analysis, as well as an analysis of the
biological, economic, and social impacts of the proposed measures and
other considered alternatives. Copies of the specifications document,
including the EA and information on the economic impacts of the
proposed measures, are available upon request from Thomas A. Nies,
Executive Director, New England Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. This document is also accessible via the
internet at <a href="https://www.nefmc.org/library/2021-2023-whiting-specifications">https://www.nefmc.org/library/2021-2023-whiting-specifications</a>.
FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Policy
Analyst, (978) 281-9180.
SUPPLEMENTARY INFORMATION:
Background
The small-mesh multispecies fishery comprises three species of
hakes that are managed as five stocks: Northern and southern silver
hake; northern and southern red hake; and offshore hake. Southern
silver hake and offshore hake are often grouped together for management
purposes and collectively referred to as ``southern whiting.'' The New
England Fishery Management Council manages the small-mesh multispecies
fishery within the Northeast Multispecies Fishery Management Plan
(FMP). This action proposes catch limit specifications for the 2021
small-mesh multispecies fishery, and projects specifications for
fishing years 2022 and 2023, based on the Council's recommendations.
This action would also increase whiting (silver hake and offshore
hake) possession limits on trips using gear with less than 3-in (7.62-
cm) mesh from 3,500 pounds (lb) (1,588 kilograms (kg)) or 7,500 lb
(3,402 kg) to 15,000 lb (6,804 kg), and restore the in-season
adjustment trigger for northern red hake to 90 percent from 37.9
percent. These recommended changes reflect the most recent stock
assessment information (September 2020), and are intended to increase
fishing flexibility, decrease regulatory discards, and promote
rebuilding of the southern red hake stock.
Proposed Specifications
This action proposes the Council's recommendations for 2021 and
projected 2022-2023 small-mesh multispecies catch specifications, as
well as revised management measures reduce regulatory discards. These
proposed catch limits would increase annual quotas for southern whiting
and both red hake stocks, and decrease the quota for northern silver
hake (Table 1). Specifications for fishing years 2022 and 2023 are
projected to be the same as the proposed 2021 limits.
Table 1--Proposed Small-Mesh Multispecies Specifications for Fishing Years 2021-2023 (Metric Tons), With the
Percent Change in the Total Allowable Landings (TAL) From Fishing Year 2020
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Acceptable
Overfishing biological Annual catch TAL Percent change
limit catch limit
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Northern Red Hake............... N/A 3,452 3,278 1,405 +413
Northern Silver Hake............ 39,930 20,410 19,387 17,457 -34
Southern Red Hake............... N/A 1,505 1,429 422 +89
[[Page 31263]]
Southern Whiting................ 72,160 40,990 38,941 28,742 +99
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In a separate action that is currently in the rulemaking process,
the Council adopted a 10-year rebuilding program for southern red hake
because this stock was declared overfished in 2018. Although the
rebuilding plan has not yet been implemented in a final rule, the
proposed southern red hake Acceptable Biological Catch (ABC) is
intended to be consistent with the Council's proposed rebuilding plan,
even though the proposed quota for the species is higher than in
fishing year 2020. The Council recommended an increased ABC, but at a
level lower than what was recommended by its Scientific and Statistical
Committee, to decrease regulatory discards and allow continued
operation of the fishery while still enhancing the rebuilding potential
for southern red hake.
This proposed action would also revise management measures within
the small-mesh multispecies fishery to reduce discards and improve
fishery operations. The Council recommends increasing the possession
limit for southern whiting on trips using gear with less than 3-in
(7.62-cm) mesh to 15,000 lb (6,804 kg) to reduce regulatory discards.
This action also proposes that the in-season adjustment trigger for
northern red hake be reset to 90 percent of the annual quota, from the
current trigger of 37.9 percent. The trigger was most recently reduced
in fishing year 2017 to account for annual catch overages on the stock,
and has been reduced multiple times prior in fishing years 2014 and
2015 from the original 90 percent. However, catches of northern red
hake have been well below specified catch limits since the large 2014
year class of new young fish entered the fishery. Thus, this change in
the in-season adjustment trigger for northern red hake is intended to
avoid unnecessarily restrictive in-season accountability measures on
the fishery, and further reduce excessive regulatory discards.
The Council will review the projected 2022 and 2023 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. The rebuilding plan for southern red hake
that is currently undergoing review in a separate rulemaking will not
change any of these proposed specifications. NMFS will publish a notice
prior to the 2022 and 2023 fishing years to confirm the projected
specifications or announce any necessary changes.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined that this proposed rule is
consistent with the Northeast Multispecies FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
The Council reviewed the proposed regulations for this action and
deemed them necessary and appropriate to implement consistent with
section 303(c) of the Magnuson-Stevens Act.
This proposed rule has been determined to be not significant for
purposes of 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 that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual basis for this determination is as follows.
The proposed action would impact all permitted vessels or
affiliated groups that participate in small-mesh multispecies
fisheries. The Council considered any business with at least one open
access multispecies K permit, or other northeast multispecies permit
that allows possession of hakes, in this evaluation, as well as any
active entities that landed any small-mesh multispecies for commercial
sale in 2019. As of June 1, 2020, NMFS had issued 798 commercial open-
access (small-mesh) permits; therefore, 798 permits would be regulated
by this action. According to the ownership database, there are 627
distinct business entities that hold at least one permit regulated by
the proposed action, and of those 627 entities, all are engaged in
commercial fishing, although 106 did not have revenues (were not
active) in 2019. Of those 627 entities potentially affected by this
action, 618 are categorized as small entities and 9 are categorized as
large entities. It was found that on average these small businesses
derive less than four percent of their total fishing income from the
small-mesh multispecies fishery, and that this fishery serves as more
of a supplement to their overall fishing revenue rather than the
primary source.
This action, which proposes higher catch limits for most stocks and
increases a whiting possession limit primarily to reduce regulatory
discards, is expected to provide operational flexibility and
opportunity in the fishery without increasing risk to the resource or
substantially changing fishing behavior. Under this action, annual
quotas would increase for southern whiting and both red hake stocks and
decrease for northern silver hake. While permit holders may experience
a slight positive impact from higher landings of some species
throughout the course of the year, short-term landings are not expected
to increase. Further, over the long-term of several years, the small
increases in annual quotas will likely be negligible when balanced with
the decreased access to northern silver hake. Also, the proposed
changes to management measures, such as the whiting trip limit and
northern red hake trigger, are primarily intended to reduce regulatory
discards and prevent over-restriction of stable stocks in the fishery.
These measures are expected to allow normal operation of the fishery to
continue further into the year, and are not expected to change fishing
behavior overall.
The Council's analyses indicate that the overall economic impact of
proposed action is expected to be negligible to slightly positive, and
that the proposed specifications are not expected to substantially
change fishing effort, risk of overfishing, prices/revenues, or fishery
behavior. The proposed measures are intended to provide operational
flexibility and fishing opportunities, while preventing overharvest of
the stocks. Therefore, the Council concluded, and NMFS agrees, that
this action would not have a
[[Page 31264]]
significant economic impact on a substantial number of small
businesses. As a result, an initial regulatory flexibility analysis is
not required and none has been prepared.
This action would not establish any new reporting or record-keeping
requirements.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: June 7, 2021.
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
proposed to be 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. 648.86, revise paragraph (d)(1)(i), and remove and reserve
paragraph (d)(1)(ii) to read as follows:
Sec. 648.86 NE Multispecies possession restrictions.
* * * * *
(d) * * *
(1) * * *
(i) Vessels possessing on board or using nets of mesh size smaller
than 3 in (7.62 cm). Owners or operators of a vessel may possess and
land not more than 15,000 lb (6,804 kg) of combined silver hake and
offshore hake, if either of the following conditions apply:
(A) The mesh size of any net or any part of a net used by or on
board the vessel is smaller than 3 inches (7.62 cm), as applied to the
part of the net specified in paragraph (d)(1)(iv) of this section, as
measured in accordance with Sec. 648.80(f); or
(B) The mesh size of any net or part of a net on board the vessel
not incorporated into a fully constructed net is smaller than 3 inches
(7.62 cm), as measured by methods specified in Sec. 648.80(f).
``Incorporated into a fully constructed net'' means that any mesh
smaller than 3 inches (7.62 cm) that is incorporated into a fully
constructed net may occur only in the part of the net not subject to
the mesh size restrictions specified in paragraph (d)(1)(iv) of this
section, and the net into which the mesh is incorporated must be
available for immediate use.
* * * * *
0
3. 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)
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Northern Red Hake....................................... 90
Northern Silver Hake.................................... 90
Southern Red Hake....................................... 40.4
Southern Silver Hake.................................... 90
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* * * * *
[FR Doc. 2021-12282 Filed 6-10-21; 8:45 am]
BILLING CODE 3510-22-P
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