Rule2022-01389
Fisheries of the Northeastern United States; Southern Red Hake Rebuilding Plan; Framework Adjustment 62 to the Small-Mesh Multispecies Fishery Management Plan
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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 25, 2022
Effective
January 25, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS approves and implements Framework Adjustment 62 for Whiting, Red Hake, and Offshore Hake to the Northeast Multispecies Fishery Management Plan. This action establishes a 10-year rebuilding plan, including a rebuilding schedule and change in possession limits 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. This action is intended to rebuild the southern red hake stock and help achieve optimum yield in the commercial fishery.
Full Text
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<title>Federal Register, Volume 87 Issue 16 (Tuesday, January 25, 2022)</title>
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[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3694-3697]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01389]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.: 220119-0030]
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: Final rule.
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SUMMARY: NMFS approves and implements Framework Adjustment 62 for
Whiting, Red Hake, and Offshore Hake to the Northeast Multispecies
Fishery Management Plan. This action establishes a 10-year rebuilding
plan, including a rebuilding schedule and change in possession limits
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. This action is intended to rebuild the southern red
hake stock and help achieve optimum yield in the commercial fishery.
DATES: Effective January 25, 2022.
ADDRESSES: The New England Fishery Management Council developed an
environmental assessment (EA) for this action that describes and
analyzes these measures and other considered alternatives. Copies of
Framework Adjustment 62, including the EA and information on the
economic impacts of this 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>.
Copies of the small entity compliance guide are available from
Michael Pentony, Regional Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA
01930-2298, or available on the internet at: <a href="http://www.greateratlantic.fisheries.noaa.gov">http://www.greateratlantic.fisheries.noaa.gov</a>.
FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Policy
Analyst, 978-282-8456.
SUPPLEMENTARY INFORMATION:
Background
In January 2018, the southern red hake stock was declared
overfished. To meet the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) requirements of an overfished
stock, a rebuilding plan and associated management measures 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 Framework Adjustment 62
(Framework 62) to the Northeast Multispecies Fishery Management Plan at
its June 2020 meeting and submitted the action to us in mid-August
2020. NMFS published a proposed rule on July 12, 2021 (86 FR 36519),
with a comment period ending on July 27, 2021.
NMFS has approved all of the measures in Framework 62 recommended
by the Council, as described below. This final rule establishes a 10-
year rebuilding plan, including a rebuilding schedule and change in
possession limits for the overfished southern red hake stock. The
Magnuson-Stevens Act allows NMFS to approve, partially approve, or
disapprove measures proposed by the Council based on whether the
measures are consistent with the FMP, the Magnuson-Stevens Act and its
National Standards, and other applicable law. Details concerning the
development of these measures were contained in the preamble of the
proposed rule and are not repeated here.
Southern Red Hake Rebuilding Schedule
This action establishes a 10-year rebuilding schedule for southern
red hake. Under this rebuilding program, catch limits will 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>, consistent with the Council's Scientific and
Statistical Committee recommendations.
Changes to Southern Red Hake Possession Limits
This action will also decrease the trip possession limit from 5,000
lb (2,268 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
(Table 1). The 600-lb (272.2-kg) possession limit will apply to
[[Page 3695]]
standard small-mesh trawls (less than 5.5-inch (13.97-cm) square or
diamond mesh), which are less selective, while the 1,000-lb (453.6-kg)
possession limit will apply to large-mesh trawls and other more
selective gear types. In addition, the 1,000-lb (453.6-kg) possession
limit applies to vessels when using gears other than trawls. 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.
Table 1--List of Gears and Associated Possession Limits
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Gear used Possession limit
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Small-mesh trawls <5.5-in (13.97- 600-lb (272.2-kg).
cm) square or diamond mesh.
Large mesh trawls >=5.5-in (13.97- 1,000-lb (453.6-kg).
cm) square or diamond mesh and
small-mesh selective gear trawls
(raised-footrope trawls, large-
mesh belly panel trawls, and rope
separator trawls).
Gear other than trawl............. 1,000-lb (453.6-kg).
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The in-season accountability measure will remain in place, which
reduces the possession limit to 400 lb (181 kg) for all vessels when
the total landings reach or exceed the total allowable landings (TAL)
trigger of 40.4 percent of the annual catch limit (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
announce such a decisions through issuance of a rule in the Federal
Register consistent with the process defined at 50 CFR
648.86(d)(1)(v)(B)(2).
Proposed Rule Comments and Responses
We received one relevant comment on the proposed rule during the
public comment period. This commenter stated that all small-mesh
fisheries should have restrictions on the length of wire used to deploy
fishing nets as a means of catch control. The commenter also noted that
excessive amounts of wire used on gear in the southern red hake fishery
are contributing to the higher catches, whereas in the northern red
hake fishery, vessels are required to use the raised-footrope trawl
which has restrictions on wire length. The requirement to use a raised-
footrope trawl was implemented in the northern fishery as a means to
reduce bycatch of other regulated species under the Northeast
Multispecies FMP. Currently for southern red hake there are no gear
restrictions in place restricting the length of wire that is allowed
because the same concern does not exist. This action implements a
higher reduced possession limit for fishermen that use more selective
gear types such as the raised-footrope trawl when fishing for southern
red hake, which is intended to incentivize the use of more selective
gear. The Council could consider additional gear restrictions for the
fishery and FMP in a future action, if it chooses, and if additional
conservation and management measures are necessary.
Changes From the Proposed Rule
This final rule contains one clarifying change in addition to what
was contained in the proposed rule. Under section 305(d) of the
Magnuson-Stevens Act, we are also making one clarifying change to a
provision in the regulations on the Raised Footrope Trawl Whiting
Fishery Exemption Area to ensure that the language of that provision is
consistent with Framework Adjustment 35 to the Northeast Multispecies
FMP (see November 19, 2002, final rule (67 FR 69694) modifying the
regulations implementing Framework Adjustment 35 at 50 CFR 648.80). In
preparing this final rule, we noticed that this provision in the
regulations, as currently drafted, could be confusing as to the
timeframe when the eastern portion of the exemption area opens for
fishing.
Currently, Sec. 648.80(a)(15)(i)(F) states that ``Fishing may only
occur from September 1 through November 20 of each fishing year, except
that it may occur in the eastern portion only of the Raised Footrope
Trawl Whiting Fishery Exemption Area from November 21 through December
31 of each fishing year.'' This final rule adds the words ``continue
to'' after ``except that it may'', and replaces ``from November 21'',
with the phrase ``, which remains open''. This change clarifies that
the eastern portion opens on September 1, when the entire exemption
area opens, and remains open through December 31. This clarifying
correction does not change any management measures associated with this
Exemption Area; it only clarifies the dates that fishing would be open
in the exemption area, consistent with the intent of Framework
Adjustment 35, as described in previous rulemaking actions (see the
final rule at 67 FR 69694; November 19, 2002). Because the public had
opportunity to comment on these management measures during the
rulemaking process for Framework Adjustment 35, and because we are
making only a minor, clarifying correction to the existing regulations,
additional public comment is not necessary.
Classification
NMFS is issuing this rule pursuant to Section 304(b)(1)(A) of the
Magnuson-Stevens Act, which provides specific authority and procedure
for implementing this action. NMFS is also issuing clarify regulatory
text to a previously implemented Framework Adjustment pursuant to
section 305(d). The NMFS Assistant Administrator has determined that
this final rule is consistent with the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule does not contain policies with federalism or
``takings'' implications, as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
This action does not contain any collection-of-information
requirements subject to the Paperwork Reduction Act.
The Assistant Administrator for Fisheries has determined that there
is good cause to waive the 30-day delay in the date of effectiveness in
accordance with 5 U.S.C. 553(d)(3) of the Administrative Procedure Act.
This action must be in place prior to a separate action to implement
the 2021-2023 small-mesh multispecies specifications (see the proposed
rule at 86 FR 31262; June 11, 2021), which would increase the ACL for
southern red hake. The 2021 fishing year began on May 1, 2021, and the
small-mesh multispecies fishery is operating under default
specifications. In the separate action, the Council recommends an 89
percent increase in the 2021 catch limits for southern red hake based
on data seen in the NMFS trawl surveys; the Council recommended
implementing
[[Page 3696]]
this increase in the catch limit as soon as possible, basing its
recommendation on the most recent stock assessment data that the
Council also used in developing the rebuilding plan implemented by this
final rule. A 30-day delay in the date of effectiveness would postpone
the implementation of this final rule, and, hence the implementation of
the final 2021 specifications that rely on this action, and would be
contrary to the public interest. The delay could create confusion and
potential economic harm to the small-mesh multispecies fishery due to
lost opportunity under the current, lower catch limit, and due to the
potential triggering of unnecessary accountability measures for
southern red hake early in the year under the current, lower catch
limits. In addition a 30-day delay in the date of effectiveness would
not benefit the regulated parties, as no additional time is required to
come into compliance with this final rule. Complying with this final
rule simply means adhering to the new possession limits and management
measures set in this action. Fishery stakeholders have also been
involved in the development of this action, and are anticipating the
issuance of this rule. For all of these reasons, NMFS finds that the
need to implement these measures in a timely manner constitute good
cause to waive the 30-day delay in this final rule's date of
effectiveness.
For similar reasons, and to avoid confusion, NMFS finds good cause
to waive the 30-day delay in the date of effectiveness with respect to
this final rule's change from the proposed rule, as described above in
the Changes From the Proposed Rule section, because the change simply
clarifies a potentially confusing regulatory provision and does not
amend any management measures.
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 final regulatory
flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: January 19, 2022.
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:
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. 648.80, revise paragraph (a)(15)(i)(F) to read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
* * * * *
(a) * * *
(15) * * *
(i) * * *
(F) Fishing may only occur from September 1 through November 20 of
each fishing year, except that it may continue to occur in the eastern
portion only of the Raised Footrope Trawl Whiting Fishery Exemption
Area, which remains open through December 31 of each fishing year.
* * * * *
0
3. 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 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
4. 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.
[[Page 3697]]
(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. 2022-01389 Filed 1-24-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on January 25, 2022.
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