Proposed Rule2021-14457
Fisheries of the Northeastern United States; Southern Red Hake Rebuilding Plan; Framework Adjustment 62 to the Small-Mesh Multispecies Fishery Management Plan
Primary source
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Published
July 12, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS proposes to approve and implement Framework Adjustment 62 for Whiting, Red Hake, and Offshore Hake to the Northeast Multispecies Fishery Management Plan. The purpose of this action is to establish a 10-year rebuilding plan and adjust management measures for the overfished southern red hake stock. This action is necessary to meet the statutory requirements for an overfished stock and rebuilding plan consistent with the Magnuson-Stevens Fishery Conservation and Management Act.
Full Text
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<title>Federal Register, Volume 86 Issue 130 (Monday, July 12, 2021)</title>
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[Federal Register Volume 86, Number 130 (Monday, July 12, 2021)]
[Proposed Rules]
[Pages 36519-36521]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14457]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.: 210630-0140]
RIN 0648-BK10
Fisheries of the Northeastern United States; Southern Red Hake
Rebuilding Plan; Framework Adjustment 62 to the Small-Mesh Multispecies
Fishery Management Plan
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 to approve and implement Framework Adjustment 62
for Whiting, Red Hake, and Offshore Hake to the Northeast Multispecies
Fishery Management Plan. The purpose of this action is to establish a
10-year rebuilding plan and adjust management measures for the
overfished southern red hake stock. This action is necessary to meet
the statutory requirements for an overfished stock and rebuilding plan
consistent with the Magnuson-Stevens Fishery Conservation and
Management Act.
DATES: Comments must be received by July 27, 2021.
ADDRESSES: The New England Fishery Management Council has prepared a
draft environmental assessment (EA) for this action that describes the
proposed measures in Framework Adjustment 62, other considered
alternatives, and analyzes the impacts of the proposed measures and
alternatives. The Council submitted a draft of Framework 62 to NMFS
that includes the draft EA, a description of the Council's preferred
alternatives, and the Council's rationale for selecting each
alternative. Copies of the draft Framework 62, the draft EA, and
information on the economic impacts of this proposed rulemaking are
available upon request from Thomas A. Nies, Executive Director, New
England Fishery Management Council, 50 Water Street, Newburyport, MA
01950 and accessible via the internet in documents available at:
<a href="https://www.nefmc.org/library/framework-62">https://www.nefmc.org/library/framework-62</a>.
You may submit comments on this document, identified by NOAA-NMFS-
2020-0166, by any of the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and enter NOAA-NMFS-2020-0166 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and 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).
FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management
Specialist, 978-281-9225.
SUPPLEMENTARY INFORMATION:
Background
In January 2018, the southern red hake stock was declared
overfished. To meet the Magnuson-Stevens Act requirements of an
overfished stock, a rebuilding plan and associated management measure
changes are necessary to prevent overfishing, ensure adequate
rebuilding, and help achieve optimum yield in the fishery. The New
England Fishery Management Council took final action on this framework
at its June 2020 meeting and submitted the action to us in mid-August
2020.
Proposed Action
Framework 62 would establish a 10-year rebuilding schedule for
southern red hake. The proposed rebuilding schedule is a range from a
minimum associated with a similar increase in biomass that occurred
during 2006-2011 to a longer duration that accounts for biological
characteristics of red hake. Southern red hake are fully mature, on
average, at age 3 and the maximum observed age is 10 years in 2011-2019
survey data. By applying the estimated maturation rate and using
biomass at age as a guide, and making reasonable assumptions that
fertility (increases by 5 percent per year after age 3) and egg
viability (full viability at age 5) increase with age, the Whiting Plan
Development Team estimated that 50 percent of lifetime egg production
of an unfished female occurs at 4.4 years. By definition, it would take
50 percent of a female's egg production to exactly replace itself and
its mate with offspring that would spawn a successive generation. It
would
[[Page 36520]]
be reasonable to expect a higher level of confidence that southern red
hake can rebuild in approximately two generations, which equates to 10
years. Under this rebuilding program, catch limits would be established
by reducing the acceptable biological catch (ABC) to 75-percent of the
fishing mortality rate at maximum sustainable yield (F<INF>MSY</INF>)
for the duration of the rebuilding period or until the stock reaches
its biomass target, whichever happens first. In past years, the ABC has
been set at 90-percent or higher of the F<INF>MSY</INF>. In addition,
it would decrease the trip possession limit from 5,000 pounds (lb)
(2,268 kilograms (kg)) to a dual 1,000-lb/600-lb (453.6-kg/272.2-kg)
possession limit based on the selectivity of the gear type or mesh size
being used. The 600-lb (272.2 kg) possession limit would apply to
standard small-mesh trawls (less than 5.5-inch (13.97- centimeters (cm)
square or diamond mesh), which are less selective, while the 1,000-lb
(453.6-kg) possession limit would apply to large-mesh trawls and other
more selective gear types. These small-mesh selective gear types
include raised-footrope trawls, large-mesh belly panel trawls, and rope
separator trawls. The reduced possession limits are intended to reduce
landings and catch and to incentivize fishermen to use gear and gear
configurations that reduce the catch of red hake. The in-season
accountability measure will remain in place which would reduce the
possession limit to 400 lb (181 kg) when the landings meet or exceed
the total allowable landings (TAL) trigger at 40.4 percent of the ACL.
The Regional Administrator may deem other gears as selective based on
an evaluation of their ability to adequately reduce the catch of red
hake and would be announced through issuance of a rule in the Federal
Register. In addition, the 1,000-lb (453.6-kg) possession limit applies
to vessels when using gears other than trawls.
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 all applicable Fishery Management Plans that the
Council manages, other provisions of the Magnuson-Stevens Act, and
other applicable law, subject to further consideration after public
comment.
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 certification is as follows.
The New England Fishery Management Council evaluated the potential
socioeconomic impacts of the proposed measures in conjunction with an
environmental assessment. This rule would affect all permitted small-
mesh multispecies vessels; therefore, the direct regulated entity is a
firm that owns at least one small-mesh multispecies permit (either an
open access or limited access Northeast multispecies permit). These
businesses catch a small fraction of small-mesh multispecies;
furthermore, they are minimally affected by the proposed action. To
estimate the number of commercial entities that may experience impacts
from the proposed action, active small-mesh multispecies entities
landing southern red hake are defined as those entities containing
permits that are directly regulated and that landed southern red hake
in 2018 for commercial sale. In 2018, there were 168 business entities
landing southern red hake, of which 167 were classified as small
business entities that could potentially be affected by the proposed
action. However, it is further estimated that the proposed action would
affect only about 50 of those 167 identified as small business
entities. These 50 small business entities derived, on average, about
0.57 percent of total entity revenue from red hake.
The measures proposed in Framework 62 would increase the long-term
economic benefits on small entities. The proposed action would
establish a rebuilding plan and management measures for the southern
red hake stock. More specifically, the action would create a lower-
tiered year-round trip possession limit based on gear selectivity for
southern red hake, unless an in-season accountability measure is put in
place which would reduce the possession limit to 400 lb (181 kg) when
the landings meet or exceed the TAL trigger at 40.4 percent of the ACL.
This is meant to incentivize vessels to use the more selective gear to
reduce overall southern red hake catch levels while still allowing a
slightly higher possession limit to reduce regulatory discards.
Overall, Framework 62 would ensure that catch levels are sustainable
and contribute to rebuilding southern red hake stock and, therefore,
maximize yield.
The low negative economic loss to small entities from this action
are associated with the small decrease in the southern red hake
possession limit. The suite of preferred alternatives will result in a
slight loss in revenue from a slight decrease in southern red hake
landings compared to taking no action, which would keep the southern
red hake possession limit at 5,000 lb (2,268 kg) and allow higher
overall catch limits (i.e., higher ABC). The proposed changes in
management measures are not likely to dramatically change fishing
behavior and or catch because 60 to 80 percent of southern red hake are
currently discarded due to lack of marketability. The magnitude in
economic loss is low because the stock is not typically targeted.
Therefore, the Council concluded, and NMFS agrees, that this action
would not have a significant adverse impact on a substantial number of
small businesses.
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, Recordkeeping and reporting requirements.
Dated: July 1, 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, add paragraph (d)(1)(v) to read as follows:
Sec. 648.86 NE Multispecies possession restrictions.
* * * * *
(d) * * *
(1) * * *
(v) Possession of southern red hake while under a rebuilding plan.
When the southern red hake stock, defined as statistical areas 525-526,
533-534, 541-543, 537-539, 562, 611-616, 621-623, 625-628, 631-634,
635-638, is under a rebuilding plan, the year-round possession limit
for southern red hake shall be the following:
(A) Vessels possessing on board or using nets of mesh size smaller
than 5.5 in (13.97 cm). Owners and operators of vessels may possess and
land no more
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than 600 lb (272 kg) of southern red hake per trip when:
(1) Using trawls with diamond or square mesh size less than 5.5 in
(13.97 cm); and/or
(2) A vessel is in possession of a net with mesh size smaller than
5.5 in (13.97 cm), unless it is properly stowed and not available for
immediate use in accordance with Sec. 648.2 and not used on that trip.
(B) Vessels using nets of mesh size greater than or equal to 5.5 in
(13.97 cm), using small-mesh selective trawls, or gear other than
trawl. Owners and operators may possess and land no more than 1,000 lb
(453 kg) of southern red hake per trip when:
(1) Using trawls with diamond or square mesh size 5.5 in (13.97 cm)
or larger;
(2) Using small-mesh selective gear, including raised-footrope
trawls as defined in Sec. 648.80(a)(9)(ii), large-mesh belly panel
trawls as defined in Sec. 648.84(f), rope separator trawls as defined
in Sec. 648.84(e), and other selective gears deemed by the Regional
Administrator to adequately reduce the catch of red hake; or
(3) When using gears other than trawls.
* * * * *
0
3. In Sec. 648.90, revise paragraphs (b)(2) introductory text and
(b)(2)(i) to read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * * * *
(b) * * *
(2) Process for specifying ABCs, ACLs, and TALs. The Whiting PDT
shall calculate the OFL and ABC values for each small-mesh multispecies
stock based on the control rules established in the FMP. These
calculations shall be reviewed by the SSC and guided by terms of
reference developed by the Council. The ACLs and TALs shall be
calculated based on the SSC's approved ABCs, as specified in paragraphs
(a)(2)(i)(A) through (C), and (a)(2)(ii)(A) through (C) of this
section.
(i) Red hake--(A) ABCs. (1) The Council's SSC will recommend an ABC
to the Council for both the northern and southern stocks of red hake.
The red hake ABCs are reduced from the OFLs based on an adjustment for
scientific uncertainty as specified in the FMP; the ABCs must be less
than or equal to the OFL.
(2) While the southern red hake stock is under a rebuilding plan,
the ABC for that stock shall be set to 75-percent of the OFL for the
duration of the rebuilding period or until the stock reaches its
biomass target, whichever occurs first.
(B) ACLs. The red hake ACLs are equal to 95 percent of the
corresponding ABCs.
(C) TALs. (1) The red hake TALs are equal to the northern red hake
and southern red hake ACLs minus a discard estimate based on the most
recent 3 years of data and then reduced by 3 percent to account for
silver hake and offshore hake landings that occur in state waters.
(2) If more than two-thirds of the southern red hake TAL is
harvested in a single year, the Regional Administrator shall consult
with the Council and will consider implementing quarterly TALs in the
following fishing year, as prescribed in the FMP and in a manner
consistent with the requirements of the Administrative Procedure Act.
* * * * *
[FR Doc. 2021-14457 Filed 7-9-21; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on July 12, 2021.
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