Rule2024-19435
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2024-2026 Small-Mesh Multispecies Specifications
Primary source
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
August 29, 2024
Effective
September 30, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 168 (Thursday, August 29, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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: <a href="https://www.nefmc.org/library/2024-2026-small-mesh-multispecies-whiting-specifications">https://www.nefmc.org/library/2024-2026-small-mesh-multispecies-whiting-specifications</a>.
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 (F<INF>MSY</INF>). 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
F<INF>MSY</INF>. 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]
BILLING CODE 3510-22-P
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