Rule2022-02000
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2021-2023 Small-Mesh Multispecies Specifications
Primary source
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Published
February 1, 2022
Effective
February 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS approves and implements final 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 increases the whiting possession limit for certain trips and restores 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 informs the public of these final fishery specifications for the 2021 fishing year.
Full Text
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<title>Federal Register, Volume 87 Issue 21 (Tuesday, February 1, 2022)</title>
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[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Rules and Regulations]
[Pages 5405-5408]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02000]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 220124-0032]
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.
[[Page 5406]]
ACTION: Final rule.
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SUMMARY: NMFS approves and implements final 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 increases the whiting
possession limit for certain trips and restores 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
informs the public of these final fishery specifications for the 2021
fishing year.
DATES: Effective February 1, 2022.
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 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
Thomas A. Nies, Executive Director, New England Fishery Management
Council, 50 Water Street, Newburyport, MA 01950. These documents are
also accessible via the internet at <a href="https://www.nefmc.org/management-plans/small-mesh-multispecies">https://www.nefmc.org/management-plans/small-mesh-multispecies</a>.
FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Policy
Analyst, (978) 282-8456.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery Management 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 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.'' 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 2021
small-mesh multispecies fishery, and announces projected specifications
for fishing years 2022 and 2023 based on the Council's recommendations.
This action also revises some management measures to reduce regulatory
discards in the fishery and increase the opportunity to achieve optimum
yield.
The proposed rule for this action published in the Federal Register
on June 11, 2021 (86 FR 31262), and comments were accepted through June
28, 2021. NMFS received no comments from the public.
Final Specifications
This action implements the Council's recommendations for 2021 and
projected 2022-2023 small-mesh multispecies catch specifications, as
well as revised management measures to reduce regulatory discards, as
outlined in the proposed rule. Specifications for fishing years 2022
and 2023 are projected to be the same as the 2021 limits (Table 1).
Table 1--Small-Mesh Multispecies Specifications for Fishing Years 2021-2023 (Metric Tons), With the Percent
Change in the TAL From Fishing Year 2020
----------------------------------------------------------------------------------------------------------------
Percent
OFL ABC ACL TAL change
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Northern Red Hake........... Unknown........... 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
Southern Whiting............ 72,160............ 40,990 38,941 28,742 +99
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* Southern whiting includes both southern silver hake and offshore hake.
In a separate action (Framework Adjustment 62 to the Northeast
Multispecies FMP), the Council adopted a 10-year rebuilding program for
southern red hake because this stock was declared overfished in 2018
(see the final rule at 87 FR 3694, January 25, 2022). Although the
quota for southern red hake implemented in the action will increase
while this stock enters a rebuilding period, this adjustment is
intended to reduce regulatory discards by converting more catch to
landings and allow continued operation of the fishery while still
enhancing the rebuilding potential for southern red hake. The Council's
recommended ABC for southern red hake is 75 percent of what was
recommended by the Council's Scientific and Statistical Committee, in
accordance with the rebuilding plan.
This action also revises management measures within the small-mesh
multispecies fishery to reduce regulatory discards and improve fishery
operations. The possession limit for whiting (silver hake and offshore
hake) on trips using gear with less than 3-inch (7.6-cm) mesh is
increasing from 3,500 lb (1,587.6 kg) and 7,500 lb (3,401.9 kg) to
15,000 lb (6,803.9 kg). Additionally, the in-season adjustment trigger
for northern red hake is being restored to 90 percent of the annual
quota from the current 37.9-percent trigger. This is intended to allow
the fishery to harvest the TAL without being prematurely restricted by
a reduced possession limit by bringing the starting point for the post-
season ACL overage accountability measure back to the original trigger
level. The Council will review the projected 2022 and 2023
specifications to determine if any changes need to be made prior to
their final implementation. NMFS will publish a notice prior to the
start of each fishing year to confirm the projected specifications or
announce any necessary changes.
Changes From the Proposed Rule
NMFS has not made any changes to the proposed regulatory text and
there are no changes from the proposed rule.
Classification
Pursuant to section 304(b)(3) of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant
[[Page 5407]]
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.
The Council reviewed the regulations for this action and deemed
them necessary and appropriate to implement consistent with section
303(c) of the Magnuson-Stevens Act.
This final rule is effective upon the date of publication in the
Federal Register February 1, 2022. This final rule is not subject to
the Administrative Procedure Act (APA) provision requiring a 30-day
delay in the date of effectiveness because this rule falls within two
of the APA exceptions (5 U.S.C. 553(d)(1) and (3)). The first
exception, at 5 U.S.C. 553(d)(1), applies for a substantive rule that
relieves a restriction. This action relieves a restriction by
increasing annual quota catch and possession limits for several stocks
in the small-mesh multispecies fishery. Specifically, in order to
provide additional flexibility to the fishing industry and reduce
unnecessary regulatory discards, this final rule increases commercial
quotas for three of the four hake stocks managed in this fishery,
increases the possession limit of whiting for vessels using a certain
mesh size to 15,000 lb (6,803.9 kg), and increases the threshold
trigger to 90 percent of the TAL for when northern red hake inseason
accountability measures must be implemented.
In addition, NMFS finds good cause under 5 U.S.C. 553(d)(3) to
waive the 30-day delay in this rule's effective date for the following
reasons. Waiving the delay in the date of effectiveness ensures that
these final specifications are in place as close as practicable to the
start of the 2021 small-mesh multispecies fishing year, which began on
May 1, 2021. Although the 2020 catch limits have rolled over in the
absence of implementation of these new specifications, the 2020 catch
limits are not based on the most recent stock assessment data and are
unnecessarily restrictive. A 30-day delay in the date of effectiveness
that further postpones the implementation of the increase in whiting
possession limits would be contrary to the public interest, as the lost
economic opportunity during the period of the additional 30-day delay
could cause potential economic harm to participants in the small-mesh
multispecies fishery. Currently, unfavorable market conditions in the
whiting fishery is the main reason that whiting catch is being
discarded rather than being sold; however, market conditions can change
at any time and become more favorable to landing whiting causing a
higher percentage of vessels to be constrained by the lower power
possession limit. Additional delay also could risk the unnecessary
triggering of accountability measures for northern red hake during the
remainder of the fishing year under the current catch threshold of 37.9
percent before this action can raise the catch threshold to 90 percent.
Finally, the additional time afforded by a 30-day delay in the date of
effectiveness is not necessary in order for participants in the fishery
to come into compliance with this rule. Vessels fishing for small-mesh
multispecies will not be required to purchase new equipment or expend
time or money to comply with these management measures. Compliance with
this final rule does not require an adjustment period, because
complying simply means adhering to the new catch limits and management
measures set for the fishing year. In addition, fishery stakeholders
have been involved in the development of this rule and are anticipating
the implementation of this action.
This final 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 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.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: January 26, 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. 648.86, revise paragraph (d)(1)(i) and remove and reserve
paragraph (d)(1)(ii).
The revision reads 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) * * *
[[Page 5408]]
(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....................................... 90
Northern Silver Hake.................................... 90
Southern Red Hake....................................... 40.4
Southern Silver Hake.................................... 90
------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-02000 Filed 1-31-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on February 1, 2022.
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