80_FR_30481 80 FR 30379 - Fisheries of the Northeastern United States; Small-Mesh Multispecies Specifications

80 FR 30379 - Fisheries of the Northeastern United States; Small-Mesh Multispecies Specifications

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 102 (May 28, 2015)

Page Range30379-30382
FR Document2015-12871

This final rule implements the New England Fishery Management Council's recommended fishing year 2015-2017 specifications and management measures for the small-mesh multispecies fishery, clarifies what measures can be modified in a specifications package, and corrects the northern red hake accountability measure. This action is necessary to ensure that catch of these species does not exceed applicable limits.

Federal Register, Volume 80 Issue 102 (Thursday, May 28, 2015)
[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Rules and Regulations]
[Pages 30379-30382]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12871]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150205118-5443-02]
RIN 0648-BE87


Fisheries of the Northeastern United States; Small-Mesh 
Multispecies Specifications

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule implements the New England Fishery Management 
Council's recommended fishing year 2015-2017 specifications and 
management measures for the small-mesh multispecies fishery, clarifies 
what measures can be modified in a specifications package, and corrects 
the northern red hake accountability measure. This action is necessary 
to ensure that catch of these species does not exceed applicable 
limits.

DATES: Effective May 28, 2015.

ADDRESSES: Copies of the specifications document, consisting of an 
Environmental Assessment (EA) and other supporting documents, are 
available on request from Thomas A. Nies, Executive Director, New 
England Fishery Management Council, 50 Water Street, Newburyport, MA 
01950. This document is also available from the following internet 
addresses: www.greateratlantic.fisheries.noaa.gov/or www.nefmc.org. 
Copies of the small entity compliance guide are available from John K. 
Bullard, Regional Administrator, Greater Atlantic Region, National 
Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 
01930-2298.

FOR FURTHER INFORMATION CONTACT: Jason Berthiaume, Fishery Management 
Specialist, (978) 281-9177.

SUPPLEMENTARY INFORMATION:

Background

    The small-mesh multispecies fishery is managed primarily through a 
serious of exemptions from the Northeast Multispecies Fishery 
Management Plan (FMP). The small-mesh multispecies fishery is composed 
of five stocks of three species of hakes (northern and southern silver 
hake, northern and southern red hake, and offshore hake). It is managed 
separately from the other stocks of groundfish such as cod, haddock, 
and flounders, primarily because the fishing is done with much smaller 
mesh and the fishery does not generally catch these other stocks. 
Amendment 19 to the Northeast Multispecies FMP (April 4, 2013; 78 FR 
20260) established a process and framework for setting the small-mesh 
multispecies catch specifications.
    The New England Fishery Management Council's Scientific and 
Statistical Committee (SSC) met on August 26, 2014, to discuss the 
specifications and to recommend ABCs for the 2015-2017 small-mesh 
fishery. The FMP's implementing regulations require the involvement of 
an SSC in the specification process. Following the SSC, the Whiting 
Oversight Committee met on September 9 and October 30, 2014, to discuss 
and recommend small-mesh specifications. The Council approved the final 
specifications for recommendation to NMFS on November 17, 2014.
    The purpose of this action is to set the specifications for small-
mesh multispecies for the 2015-2017 fishing years. These specifications 
include overfishing limit (OFL), acceptable biological catch (ABC), and 
total allowable landings (TAL) for each of the small-mesh multispecies 
stocks. In 2012 and 2013, northern red hake catch rates exceeded the 
annual catch limits (ACL) and the ABC. Northern red hake was also 
determined to be experiencing overfishing. To reduce the risk of 
continued overfishing on this stock and better constrain catch to the 
ACL, this action implements the Council's recommended reduction of the 
northern red hake possession limit from 5,000 lb (2,268 kg) to 3,000 lb 
(1,361 kg) per trip. It also creates a new trigger point at which 
possession limits are reduced inseason such that when landings of 
northern red hake reach 45 percent of the TAL, the possession limit 
will be reduced to 1,500 lb (680 kg). The possession limits and 
inseason trigger accountability measures for the other stocks of small-
mesh multispecies remain unchanged from 2012-2014.
    This final rule also includes a correction to the small-mesh 
accountability measures and clarifies what measures can be modified in 
a small-mesh multispecies specifications action.

Final Measures

1. 2015-2017 Small-Mesh Multispecies Specifications

    The Council process for developing its specifications 
recommendations for small-mesh multispecies can be found in the 
proposed rule for this action published in the Federal Register on 
April 8, 2015 (80 FR 18801), and is not repeated here. These 
specifications remain effective for fishing years 2015-2017 unless 
otherwise changed during that time.

                                      Table 1--Summary of the Small-Mesh Multispecies Specifications for 2015-2017
                                                              [All weights in metric tons]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                        Percent      Discard                   Percent
                            Stock                                  OFL          ABC          ACL      change from      rate         TAL      change from
                                                                                                       2012-2014    (percent)                 2012-2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
N. Silver Hake...............................................       43,608       24,383       23,161           85         11.2     19,948.7        122.3
N. Red Hake..................................................          331          287          273          2.6         60.6        104.2         15.4
S. Whiting *.................................................       60,148       31,180       29,621         -8.2         17.1     23,833.4        -12.6
S. Red Hake..................................................        3,400        3,179        3,021         -2.4         55.3      1,309.4         -2.0
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Southern whiting includes southern silver hake and offshore hake.

2. Northern Red Hake Possession Limit Reduction

    This action reduces the northern red hake possession limit from 
5,000 lb (2,268 kg) in place for fishing year 2014 to 3,000 lb (1,361 
kg) for fishing years 2015-2017. This reduction in possession limit is 
intended to delay the in-season accountability measure (AM) until later 
in the year and to reduce the potential for northern red hake catches

[[Page 30380]]

to exceed the ACL (as occurred in fishing years 2012 and 2013).

3. Additional Northern Red Hake Possession Limit Reduction Trigger

    This measure implements an additional inseason possession limit 
reduction trigger for northern red hake when 45 percent of the TAL is 
reached. For fishing years 2015-2017 the northern red hake possession 
limit will be reduced from 3,000 lb (1,361 kg) to 1,500 lb (680 kg) 
when landings reach this point.

4. Clarification on Modifications in a Specifications Action

    When developing the rulemaking for this action, we determined that 
the current regulations governing the specifications process do not 
fully reflect the Council's intent in Amendment 19 regarding the scope 
of measures that can be implemented through the specifications process. 
Amendment 19 specified that the Council shall specify on at least a 3-
year basis the OFL, ABC, ACLs, and TALs for each small-mesh 
multispecies stock as well as the corresponding possession limits, 
including inseason possession limit triggers to be consistent with the 
revised specification recommendations and estimates of scientific and 
management uncertainty from the SSC. However, the implementing 
regulations for Amendment 19 did not specify that adjustments to 
possession limits and the inseason possession limit triggers were among 
the items that could be modified in a specifications action. Consistent 
with section 305(d) of the Magnuson-Stevens Act, this rule corrects 
this inconsistency by including possession limits and inseason 
possession limit triggers in small-mesh multispecies specifications 
regulations.

5. Regulatory Correction

    When the specifications were being developed, the Whiting Plan 
Development Team identified an error in the previous set of 
specifications (i.e., for fishing years 2012-2014). The details of this 
error can be found in the proposed rule for this action published in 
the Federal Register on April 8, 2015 (80 FR 18801), and are not 
repeated here. Using Magnuson-Stevens Act section 305(d) authority, 
this action corrects the AM. This changes the possession limit 
reduction trigger point for reducing the possession limit for northern 
red hake to 400 lb (181 kg) from 45 to 62.5 percent of the TAL. Future 
AMs for fishing years in which the catch exceeds the ACL will be 
deducted from the corrected 62.5-percent trigger, as outlined in the 
small-mesh AM regulations at Sec.  648.90.

Comments and Responses

    On April 8, 2015, NMFS published proposed specifications for public 
notice and comment. One comment was received. This comment was not 
relevant to the rule.

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
this final rule is necessary for the conservation and management of the 
small-mesh multispecies fishery and that it is consistent with the 
Magnuson-Stevens Act and other applicable laws.
    The Office of Management and Budget has determined that this action 
is not significant for the purpose of E.O. 12866.
    The Assistant Administrator also finds good cause under authority 
contained in 5 U.S.C. 553(d)(3) to waive the otherwise effective 30-day 
delay in effective date. Because the fishing year began on May 1, 2015, 
delaying the effectiveness of this action, particularly the northern 
red hake measures (possession limit reduction, implement additional 
possession limit trigger, correct accountability measures trigger rate) 
would not be in the best interest of the fishery resource or vessels 
fishing for small-mesh multispecies. NMFS could not promulgate this 
rule sooner because necessary information from the Council was not 
delivered until the end of March 2015. Although some of the northern 
red hake measures are restrictive in nature because they reduce the 
possession limit and implement an additional possession limit reduction 
trigger, they are designed to slow catch rates and thus increase the 
length of the overall season for the benefit of the fishermen and the 
fishery. Delaying implementation of these red hake measures could 
undermine in the short-term the intended benefits of extending the 
fishing season and creating better market conditions. In 2012 and 2013, 
northern red hake catch rates exceeded the ACL and ABC and the 
possession limit was reduced to the incidental level earlier in the 
season than anticipated. Delaying these measures again could result in 
northern red hake ABC and ACL overages and the reduction of the 
northern red hake possession limits to incidental levels earlier in the 
season than desired as occurred in 2012 and 2013, thus undermining the 
intent of the rule. Therefore, although the northern red hake measures 
impose some restrictions, having the measures effective upon 
publication is expected to be beneficial for the industry by extending 
the season and beneficial for the resource by helping to prevent ACL 
and ABC overages.
    Because the specifications for the three other stocks remain the 
same or, as for northern silver hake, increased, a delay is not needed 
because they automatically remain in place or relieve a restriction. 
Thus there would be no benefit to delaying the effectiveness of the 
specifications because they do not impose any new restrictions.
    A Final Regulatory Flexibility Analysis (FRFA) was prepared 
pursuant to 5 U.S.C. 604(a), and incorporates the IRFA, a summary of 
the significant issues raised by the public comments in response to the 
IRFA, NMFS's responses to those comments, and a summary of the analyses 
completed to support the action. A copy of the EA/IRFA is available 
from the Council (see ADDRESSES).
    The preamble to the proposed rule included a detailed summary of 
the analyses contained in the IRFA, and that discussion is not repeated 
here.

Final Regulatory Flexibility Analysis

A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a 
Statement of Any Changes Made in the Final Rule as a Result of Such 
Comments

    NMFS received no comments in response to the IRFA. One comment was 
received on this rule, which was not relevant to the rule or the IRFA.

Description and Estimate of Number of Small Entities to Which the Rule 
Would Apply

    On June 12, 2014, the Small Business Administration (SBA) issued an 
interim final rule revising the small business size standards for 
several industries effective July 14, 2014 (79 FR 33467). The rule 
increased the size standard from $19.0 million to $20.5 million for 
finfish fishing, from $5.0 to $5.5 million for shellfish fishing, and 
from $7.0 million to $7.5 million for other marine fishing, for-hire 
businesses, and marinas. The small-mesh multispecies fishery falls 
under the finfish category and, thus, has a threshold of $20.5 million 
for determining small versus large entities. However, having different 
size standards for different types of commercial fishing activities 
creates difficulties in categorizing business that participate in 
multiple fishing related activities, which is typically the case in the 
fishing industry.
    In order to fish for small-mesh multispecies, a vessel owner must 
be

[[Page 30381]]

issued either one of the limited access category Northeast multispecies 
permits or an open access Northeast Multispecies Category K Permit; 
however, there are many vessels issued both of these types of permits 
that may not actually fish for small-mesh multispecies. Based on 
ownership data for 2011-2013, there were 1,087 distinct ownership 
entities based on calendar year 2013 permits that could potentially 
target small mesh multispecies. Of these, 1,069 are categorized as 
small and 18 are categorized as large entities per the SBA guidelines. 
While 1,087 commercial entities are directly regulated by the proposed 
action, not all of these entities land small-mesh multispecies and are 
not likely to be directly impacted by this rule. To estimate the number 
of commercial entities that may experience impacts from the proposed 
action, active small-mesh multispecies entities are defined as those 
entities containing permits that are directly regulated and that landed 
any silver hake or red hake in 2013 for commercial sale. There are 298 
potentially impacted, directly regulated commercial entities, 295 of 
which are classified as small entities.

Description of Projected Reporting, Recordkeeping, and Other Compliance 
Requirements

    No reporting, recordkeeping, or other compliance requirements are 
included in this final rule.

Description of the Steps the Agency Has Taken To Minimize the 
Significant Economic Impact on Small Entities Consistent With the 
Stated Objectives of Applicable Statutes

    During the development of these specifications, NMFS and the 
Council considered ways to reduce the regulatory burden on, and provide 
flexibility for, the regulated entities in this action. The 
specifications and alternatives are described in detail in the 
specifications document, which includes an EA, RIR, and IRFA (available 
at ADDRESSES). The measures implemented by this final rule minimize the 
economic impacts on small entities to the extent practicable.
    This action revises the ACL specifications for northern and 
southern stocks of silver and red hakes for fishing years 2015-2017. 
The specifications are largely unchanged from previous years with the 
exception of northern silver hake, which is significantly increased. 
The specifications do not reduce the quotas and are therefore not 
restrictive in nature and, therefore, are not expected to result in 
significant positive or minor economic impacts on small entities.
    In general, the remainder of the measures in this action involves 
preventing northern red hake overages. Overall, this rule minimizes 
economic impacts by slowing the catch rate of northern red hake while 
still allowing small-mesh vessels to land northern red hake at more 
sustainable levels. The previous measures were resulting in ABC and ACL 
overages and the implementation of restrictive accountability measure 
possession limit reductions earlier in the fishing season than desired. 
The red hake measures in this action are designed to slow catch rates 
and extend the length of the season creating the anticipated more 
consistent market conditions and prices that are expected should be 
beneficial for the small-mesh fishery. Alternatives to these measures 
were analyzed and the final combination of northern red hake measures 
in this rule were determined to be the optimum combination of 
alternatives to prevent future ACL and ABC overages and minimize the 
economic impact on small entities.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: May 21, 2015.
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, paragraphs (d)(1)(i) introductory text, (d)(1)(ii) 
introductory text, (d)(1)(iii) introductory text, and (d)(4) 
introductory text are revised and paragraph (d)(5) is added 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 2.5 in (6.35 cm). Owners or operators of a vessel may possess and 
land not more than 3,000 lb (1,361 kg) of red hake, and not more than 
3,500 lb (1,588 kg) of combined silver hake and offshore hake, if 
either of the following conditions apply:
* * * * *
    (ii) Vessels possessing on board or using nets of mesh size equal 
to or greater than 2.5 in (6.35 cm) but less than 3 in (7.62 cm). An 
owner or operator of a vessel that is not subject to the possession 
limit specified in paragraph (d)(1)(i) of this section may possess and 
land not more than 3,000 lb (1,361 kg) of red hake, and not more than 
7,500 lb (3,402 kg) of combined silver hake and offshore hake if either 
of the following conditions apply:
* * * * *
    (iii) Vessels possessing on board or using nets of mesh size equal 
to or greater than 3 in (7.62 cm). An owner or operator of a vessel 
that is not subject to the possession limits specified in paragraphs 
(d)(1)(i) and (ii) of this section may possess and land not more than 
3,000 lb (1,361 kg) of red hake, and not more than 30,000 lb (13,608 
kg) of combined silver hake and offshore hake when fishing in the Gulf 
of Maine or Georges Bank Exemption Areas, as described in Sec.  
648.80(a), and not more than 40,000 lb (18,144 kg) of combined silver 
hake and offshore hake when fishing in the Southern New England or Mid-
Atlantic Exemption Areas, as described in Sec.  648.80(b)(10) and 
(c)(5), respectively, if both of the following conditions apply:
* * * * *
    (d) * * *
    (4) Accountability Measure In-season adjustment of small-mesh 
multispecies possession limits. If the Regional Administrator projects 
that an in-season adjustment TAL trigger level for any small-mesh 
multispecies stock, as specified in Sec.  648.90(b)(5)(iii), has been 
reached or exceeded, the Regional Administrator shall reduce the 
possession limit of that stock to the incidental level for that stock, 
as specified in this paragraph (d)(4), for the remainder of the fishing 
year through notice consistent with the Administrative Procedure Act, 
unless such a reduction in the possession limit would be expected to 
prevent the TAL from being reached.
* * * * *
    (5) In-season adjustment of Northern Red Hake Possession Limits. In 
addition to the accountability measure in-season adjustment of small-
mesh multispecies possession limits specified in paragraph (d)(4) of 
this section, if the Regional Administrator projects that 45 percent of 
the northern red hake TAL has been reached or is exceeded, the Regional 
Administrator shall reduce the possession limit for northern red hake 
to

[[Page 30382]]

1,500 lb (680 kg) for the remainder of the fishing year unless further 
reduced to the incidental possession limit according to the 
accountability measure in-season adjustment of small-mesh multispecies 
possession limits specified in paragraph (d)(4) of this section.
* * * * *

0
3. In Sec.  648.90, paragraphs (b)(4)(i) and (b)(5)(iii) are revised to 
read as follows:


Sec.  648.90  NE multispecies assessment, framework procedures and 
specifications, and flexible area action system.

* * * * *
    (b) * * *
    (4) Specifications package. (i) The Whiting PDT shall prepare a 
specification package, including a SAFE Report, at least every 3 years. 
Based on the specification package, the Whiting PDT shall develop and 
present to the Council recommended specifications as defined in 
paragraph (a) of this section for up to 3 fishing years. The 
specifications package shall be the primary vehicle for the 
presentation of all updated biological and socio-economic information 
regarding the small-mesh multispecies fishery. The specifications 
package shall provide source data for any adjustments to the management 
measures that may be needed to continue to meet the goals and 
objectives of the FMP. The specifications package may include 
modifications to the OFL, ABC, ACL, TAL, possession limits, and in-
season possession limit triggers.
* * * * *
    (5) * * *
    (iii) Small-mesh multispecies in-season adjustment triggers. The 
small-mesh multispecies inseason accountability measure adjustment 
triggers are as follow:

------------------------------------------------------------------------
                                                            In-season
                                                            adjustment
                        Species                              trigger
                                                            (percent)
------------------------------------------------------------------------
Northern Red Hake......................................             62.5
Northern Silver Hake...................................             90
Southern Red Hake......................................             90
Southern Whiting.......................................             90
------------------------------------------------------------------------

* * * * *
[FR Doc. 2015-12871 Filed 5-27-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                                           Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations                                                30379

                                                  *        *        *        *        *                               entity compliance guide are available                    The purpose of this action is to set the
                                                  [FR Doc. 2015–12869 Filed 5–27–15; 8:45 am]                         from John K. Bullard, Regional                        specifications for small-mesh
                                                  BILLING CODE 3510–22–P                                              Administrator, Greater Atlantic Region,               multispecies for the 2015–2017 fishing
                                                                                                                      National Marine Fisheries Service, 55                 years. These specifications include
                                                                                                                      Great Republic Drive, Gloucester, MA                  overfishing limit (OFL), acceptable
                                                  DEPARTMENT OF COMMERCE                                              01930–2298.                                           biological catch (ABC), and total
                                                                                                                                                                            allowable landings (TAL) for each of the
                                                  National Oceanic and Atmospheric                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                            small-mesh multispecies stocks. In 2012
                                                  Administration                                                      Jason Berthiaume, Fishery Management
                                                                                                                                                                            and 2013, northern red hake catch rates
                                                                                                                      Specialist, (978) 281–9177.
                                                                                                                                                                            exceeded the annual catch limits (ACL)
                                                  50 CFR Part 648                                                     SUPPLEMENTARY INFORMATION:                            and the ABC. Northern red hake was
                                                  [Docket No. 150205118–5443–02]                                                                                            also determined to be experiencing
                                                                                                                      Background
                                                                                                                                                                            overfishing. To reduce the risk of
                                                  RIN 0648–BE87                                                                                                             continued overfishing on this stock and
                                                                                                                         The small-mesh multispecies fishery
                                                                                                                      is managed primarily through a serious                better constrain catch to the ACL, this
                                                  Fisheries of the Northeastern United
                                                                                                                      of exemptions from the Northeast                      action implements the Council’s
                                                  States; Small-Mesh Multispecies
                                                                                                                      Multispecies Fishery Management Plan                  recommended reduction of the northern
                                                  Specifications
                                                                                                                      (FMP). The small-mesh multispecies                    red hake possession limit from 5,000 lb
                                                  AGENCY:  National Marine Fisheries                                  fishery is composed of five stocks of                 (2,268 kg) to 3,000 lb (1,361 kg) per trip.
                                                  Service (NMFS), National Oceanic and                                three species of hakes (northern and                  It also creates a new trigger point at
                                                  Atmospheric Administration (NOAA),                                  southern silver hake, northern and                    which possession limits are reduced
                                                  Commerce.                                                           southern red hake, and offshore hake).                inseason such that when landings of
                                                  ACTION: Final rule.                                                 It is managed separately from the other               northern red hake reach 45 percent of
                                                                                                                      stocks of groundfish such as cod,                     the TAL, the possession limit will be
                                                  SUMMARY:   This final rule implements                               haddock, and flounders, primarily                     reduced to 1,500 lb (680 kg). The
                                                  the New England Fishery Management                                  because the fishing is done with much                 possession limits and inseason trigger
                                                  Council’s recommended fishing year                                  smaller mesh and the fishery does not                 accountability measures for the other
                                                  2015–2017 specifications and                                        generally catch these other stocks.                   stocks of small-mesh multispecies
                                                  management measures for the small-                                  Amendment 19 to the Northeast                         remain unchanged from 2012–2014.
                                                  mesh multispecies fishery, clarifies                                Multispecies FMP (April 4, 2013; 78 FR                   This final rule also includes a
                                                  what measures can be modified in a                                  20260) established a process and                      correction to the small-mesh
                                                  specifications package, and corrects the                            framework for setting the small-mesh                  accountability measures and clarifies
                                                  northern red hake accountability                                    multispecies catch specifications.                    what measures can be modified in a
                                                  measure. This action is necessary to                                   The New England Fishery                            small-mesh multispecies specifications
                                                  ensure that catch of these species does                             Management Council’s Scientific and                   action.
                                                  not exceed applicable limits.                                       Statistical Committee (SSC) met on                    Final Measures
                                                  DATES: Effective May 28, 2015.                                      August 26, 2014, to discuss the
                                                  ADDRESSES: Copies of the specifications                             specifications and to recommend ABCs                  1. 2015–2017 Small-Mesh Multispecies
                                                  document, consisting of an                                          for the 2015–2017 small-mesh fishery.                 Specifications
                                                  Environmental Assessment (EA) and                                   The FMP’s implementing regulations                       The Council process for developing
                                                  other supporting documents, are                                     require the involvement of an SSC in                  its specifications recommendations for
                                                  available on request from Thomas A.                                 the specification process. Following the              small-mesh multispecies can be found
                                                  Nies, Executive Director, New England                               SSC, the Whiting Oversight Committee                  in the proposed rule for this action
                                                  Fishery Management Council, 50 Water                                met on September 9 and October 30,                    published in the Federal Register on
                                                  Street, Newburyport, MA 01950. This                                 2014, to discuss and recommend small-                 April 8, 2015 (80 FR 18801), and is not
                                                  document is also available from the                                 mesh specifications. The Council                      repeated here. These specifications
                                                  following internet addresses:                                       approved the final specifications for                 remain effective for fishing years 2015–
                                                  www.greateratlantic.fisheries.noaa.gov/                             recommendation to NMFS on November                    2017 unless otherwise changed during
                                                  or www.nefmc.org. Copies of the small                               17, 2014.                                             that time.

                                                                            TABLE 1—SUMMARY OF THE SMALL-MESH MULTISPECIES SPECIFICATIONS FOR 2015–2017
                                                                                                                                 [All weights in metric tons]

                                                                                                                                                                    Percent                                   Percent
                                                                                                                                                                                Discard rate
                                                                           Stock                                    OFL             ABC               ACL         change from                    TAL        change from
                                                                                                                                                                                 (percent)
                                                                                                                                                                   2012–2014                                 2012–2014

                                                  N. Silver Hake ..........................................           43,608            24,383          23,161             85            11.2    19,948.7        122.3
                                                  N. Red Hake ............................................               331               287             273            2.6            60.6       104.2         15.4
                                                  S. Whiting * ...............................................        60,148            31,180          29,621           ¥8.2            17.1    23,833.4        ¥12.6
                                                  S. Red Hake ............................................             3,400             3,179           3,021           ¥2.4            55.3     1,309.4         ¥2.0
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                      * Southern whiting includes southern silver hake and offshore hake.


                                                  2. Northern Red Hake Possession Limit                               (2,268 kg) in place for fishing year 2014             in-season accountability measure (AM)
                                                  Reduction                                                           to 3,000 lb (1,361 kg) for fishing years              until later in the year and to reduce the
                                                                                                                      2015–2017. This reduction in                          potential for northern red hake catches
                                                    This action reduces the northern red
                                                                                                                      possession limit is intended to delay the
                                                  hake possession limit from 5,000 lb


                                             VerDate Sep<11>2014        15:08 May 27, 2015        Jkt 235001     PO 00000   Frm 00047   Fmt 4700   Sfmt 4700   E:\FR\FM\28MYR1.SGM   28MYR1


                                                  30380              Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations

                                                  to exceed the ACL (as occurred in                       percent trigger, as outlined in the small-            extending the season and beneficial for
                                                  fishing years 2012 and 2013).                           mesh AM regulations at § 648.90.                      the resource by helping to prevent ACL
                                                                                                                                                                and ABC overages.
                                                  3. Additional Northern Red Hake                         Comments and Responses
                                                                                                                                                                   Because the specifications for the
                                                  Possession Limit Reduction Trigger                        On April 8, 2015, NMFS published                    three other stocks remain the same or,
                                                    This measure implements an                            proposed specifications for public                    as for northern silver hake, increased, a
                                                  additional inseason possession limit                    notice and comment. One comment was                   delay is not needed because they
                                                  reduction trigger for northern red hake                 received. This comment was not                        automatically remain in place or relieve
                                                  when 45 percent of the TAL is reached.                  relevant to the rule.                                 a restriction. Thus there would be no
                                                  For fishing years 2015–2017 the                         Classification                                        benefit to delaying the effectiveness of
                                                  northern red hake possession limit will                                                                       the specifications because they do not
                                                                                                             The Administrator, Greater Atlantic                impose any new restrictions.
                                                  be reduced from 3,000 lb (1,361 kg) to
                                                                                                          Region, NMFS, determined that this                       A Final Regulatory Flexibility
                                                  1,500 lb (680 kg) when landings reach
                                                                                                          final rule is necessary for the                       Analysis (FRFA) was prepared pursuant
                                                  this point.                                             conservation and management of the                    to 5 U.S.C. 604(a), and incorporates the
                                                  4. Clarification on Modifications in a                  small-mesh multispecies fishery and                   IRFA, a summary of the significant
                                                  Specifications Action                                   that it is consistent with the Magnuson-
                                                                                                                                                                issues raised by the public comments in
                                                                                                          Stevens Act and other applicable laws.
                                                     When developing the rulemaking for                                                                         response to the IRFA, NMFS’s responses
                                                                                                             The Office of Management and Budget
                                                  this action, we determined that the                     has determined that this action is not                to those comments, and a summary of
                                                  current regulations governing the                       significant for the purpose of E.O.                   the analyses completed to support the
                                                  specifications process do not fully                     12866.                                                action. A copy of the EA/IRFA is
                                                  reflect the Council’s intent in                            The Assistant Administrator also                   available from the Council (see
                                                  Amendment 19 regarding the scope of                     finds good cause under authority                      ADDRESSES).
                                                  measures that can be implemented                        contained in 5 U.S.C. 553(d)(3) to waive                 The preamble to the proposed rule
                                                  through the specifications process.                     the otherwise effective 30-day delay in               included a detailed summary of the
                                                  Amendment 19 specified that the                         effective date. Because the fishing year              analyses contained in the IRFA, and that
                                                  Council shall specify on at least a 3-year              began on May 1, 2015, delaying the                    discussion is not repeated here.
                                                  basis the OFL, ABC, ACLs, and TALs for                  effectiveness of this action, particularly            Final Regulatory Flexibility Analysis
                                                  each small-mesh multispecies stock as                   the northern red hake measures
                                                  well as the corresponding possession                    (possession limit reduction, implement                A Summary of the Significant Issues
                                                  limits, including inseason possession                   additional possession limit trigger,                  Raised by the Public in Response to the
                                                  limit triggers to be consistent with the                correct accountability measures trigger               IRFA, a Summary of the Agency’s
                                                  revised specification recommendations                   rate) would not be in the best interest of            Assessment of Such Issues, and a
                                                  and estimates of scientific and                         the fishery resource or vessels fishing               Statement of Any Changes Made in the
                                                  management uncertainty from the SSC.                    for small-mesh multispecies. NMFS                     Final Rule as a Result of Such
                                                  However, the implementing regulations                   could not promulgate this rule sooner                 Comments
                                                  for Amendment 19 did not specify that                   because necessary information from the                  NMFS received no comments in
                                                  adjustments to possession limits and the                Council was not delivered until the end               response to the IRFA. One comment was
                                                  inseason possession limit triggers were                 of March 2015. Although some of the                   received on this rule, which was not
                                                  among the items that could be modified                  northern red hake measures are                        relevant to the rule or the IRFA.
                                                  in a specifications action. Consistent                  restrictive in nature because they reduce
                                                  with section 305(d) of the Magnuson-                    the possession limit and implement an                 Description and Estimate of Number of
                                                  Stevens Act, this rule corrects this                    additional possession limit reduction                 Small Entities to Which the Rule Would
                                                  inconsistency by including possession                   trigger, they are designed to slow catch              Apply
                                                  limits and inseason possession limit                    rates and thus increase the length of the                On June 12, 2014, the Small Business
                                                  triggers in small-mesh multispecies                     overall season for the benefit of the                 Administration (SBA) issued an interim
                                                  specifications regulations.                             fishermen and the fishery. Delaying                   final rule revising the small business
                                                  5. Regulatory Correction                                implementation of these red hake                      size standards for several industries
                                                                                                          measures could undermine in the short-                effective July 14, 2014 (79 FR 33467).
                                                     When the specifications were being                   term the intended benefits of extending               The rule increased the size standard
                                                  developed, the Whiting Plan                             the fishing season and creating better                from $19.0 million to $20.5 million for
                                                  Development Team identified an error                    market conditions. In 2012 and 2013,                  finfish fishing, from $5.0 to $5.5 million
                                                  in the previous set of specifications (i.e.,            northern red hake catch rates exceeded                for shellfish fishing, and from $7.0
                                                  for fishing years 2012–2014). The details               the ACL and ABC and the possession                    million to $7.5 million for other marine
                                                  of this error can be found in the                       limit was reduced to the incidental level             fishing, for-hire businesses, and
                                                  proposed rule for this action published                 earlier in the season than anticipated.               marinas. The small-mesh multispecies
                                                  in the Federal Register on April 8, 2015                Delaying these measures again could                   fishery falls under the finfish category
                                                  (80 FR 18801), and are not repeated                     result in northern red hake ABC and                   and, thus, has a threshold of $20.5
                                                  here. Using Magnuson-Stevens Act                        ACL overages and the reduction of the                 million for determining small versus
                                                  section 305(d) authority, this action                   northern red hake possession limits to                large entities. However, having different
                                                  corrects the AM. This changes the                       incidental levels earlier in the season               size standards for different types of
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                                                  possession limit reduction trigger point                than desired as occurred in 2012 and                  commercial fishing activities creates
                                                  for reducing the possession limit for                   2013, thus undermining the intent of the              difficulties in categorizing business that
                                                  northern red hake to 400 lb (181 kg)                    rule. Therefore, although the northern                participate in multiple fishing related
                                                  from 45 to 62.5 percent of the TAL.                     red hake measures impose some                         activities, which is typically the case in
                                                  Future AMs for fishing years in which                   restrictions, having the measures                     the fishing industry.
                                                  the catch exceeds the ACL will be                       effective upon publication is expected                   In order to fish for small-mesh
                                                  deducted from the corrected 62.5-                       to be beneficial for the industry by                  multispecies, a vessel owner must be


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                                                                     Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations                                          30381

                                                  issued either one of the limited access                 or minor economic impacts on small                    if either of the following conditions
                                                  category Northeast multispecies permits                 entities.                                             apply:
                                                  or an open access Northeast                                In general, the remainder of the                   *       *    *     *     *
                                                  Multispecies Category K Permit;                         measures in this action involves                         (ii) Vessels possessing on board or
                                                  however, there are many vessels issued                  preventing northern red hake overages.                using nets of mesh size equal to or
                                                  both of these types of permits that may                 Overall, this rule minimizes economic                 greater than 2.5 in (6.35 cm) but less
                                                  not actually fish for small-mesh                        impacts by slowing the catch rate of                  than 3 in (7.62 cm). An owner or
                                                  multispecies. Based on ownership data                   northern red hake while still allowing                operator of a vessel that is not subject
                                                  for 2011–2013, there were 1,087 distinct                small-mesh vessels to land northern red               to the possession limit specified in
                                                  ownership entities based on calendar                    hake at more sustainable levels. The                  paragraph (d)(1)(i) of this section may
                                                  year 2013 permits that could potentially                previous measures were resulting in                   possess and land not more than 3,000 lb
                                                  target small mesh multispecies. Of                      ABC and ACL overages and the                          (1,361 kg) of red hake, and not more
                                                  these, 1,069 are categorized as small and               implementation of restrictive                         than 7,500 lb (3,402 kg) of combined
                                                  18 are categorized as large entities per                accountability measure possession limit               silver hake and offshore hake if either of
                                                  the SBA guidelines. While 1,087                         reductions earlier in the fishing season              the following conditions apply:
                                                  commercial entities are directly                        than desired. The red hake measures in                *       *    *     *     *
                                                  regulated by the proposed action, not all               this action are designed to slow catch                   (iii) Vessels possessing on board or
                                                  of these entities land small-mesh                       rates and extend the length of the season             using nets of mesh size equal to or
                                                  multispecies and are not likely to be                   creating the anticipated more consistent              greater than 3 in (7.62 cm). An owner
                                                  directly impacted by this rule. To                      market conditions and prices that are                 or operator of a vessel that is not subject
                                                  estimate the number of commercial                       expected should be beneficial for the                 to the possession limits specified in
                                                  entities that may experience impacts                    small-mesh fishery. Alternatives to                   paragraphs (d)(1)(i) and (ii) of this
                                                  from the proposed action, active small-                 these measures were analyzed and the                  section may possess and land not more
                                                  mesh multispecies entities are defined                  final combination of northern red hake                than 3,000 lb (1,361 kg) of red hake, and
                                                  as those entities containing permits that               measures in this rule were determined                 not more than 30,000 lb (13,608 kg) of
                                                  are directly regulated and that landed                  to be the optimum combination of                      combined silver hake and offshore hake
                                                  any silver hake or red hake in 2013 for                 alternatives to prevent future ACL and                when fishing in the Gulf of Maine or
                                                  commercial sale. There are 298                          ABC overages and minimize the                         Georges Bank Exemption Areas, as
                                                  potentially impacted, directly regulated                economic impact on small entities.                    described in § 648.80(a), and not more
                                                  commercial entities, 295 of which are                                                                         than 40,000 lb (18,144 kg) of combined
                                                  classified as small entities.                           List of Subjects in 50 CFR Part 648
                                                                                                                                                                silver hake and offshore hake when
                                                  Description of Projected Reporting,                       Fisheries, Fishing, Reporting and                   fishing in the Southern New England or
                                                  Recordkeeping, and Other Compliance                     recordkeeping requirements.                           Mid-Atlantic Exemption Areas, as
                                                  Requirements                                              Dated: May 21, 2015.                                described in § 648.80(b)(10) and (c)(5),
                                                                                                          Samuel D. Rauch III,                                  respectively, if both of the following
                                                    No reporting, recordkeeping, or other                                                                       conditions apply:
                                                                                                          Deputy Assistant Administrator for
                                                  compliance requirements are included                    Regulatory Programs, National Marine                  *       *    *     *     *
                                                  in this final rule.                                     Fisheries Service.                                       (d) * * *
                                                  Description of the Steps the Agency Has                                                                          (4) Accountability Measure In-season
                                                                                                            For the reasons set out in the                      adjustment of small-mesh multispecies
                                                  Taken To Minimize the Significant                       preamble, 50 CFR part 648 is amended
                                                  Economic Impact on Small Entities                                                                             possession limits. If the Regional
                                                                                                          as follows:                                           Administrator projects that an in-season
                                                  Consistent With the Stated Objectives of
                                                  Applicable Statutes                                                                                           adjustment TAL trigger level for any
                                                                                                          PART 648—FISHERIES OF THE
                                                                                                                                                                small-mesh multispecies stock, as
                                                     During the development of these                      NORTHEASTERN UNITED STATES
                                                                                                                                                                specified in § 648.90(b)(5)(iii), has been
                                                  specifications, NMFS and the Council                                                                          reached or exceeded, the Regional
                                                                                                          ■ 1. The authority citation for part 648
                                                  considered ways to reduce the                                                                                 Administrator shall reduce the
                                                                                                          continues to read as follows:
                                                  regulatory burden on, and provide                                                                             possession limit of that stock to the
                                                  flexibility for, the regulated entities in                  Authority: 16 U.S.C. 1801 et seq.                 incidental level for that stock, as
                                                  this action. The specifications and                     ■ 2. In § 648.86, paragraphs (d)(1)(i)                specified in this paragraph (d)(4), for the
                                                  alternatives are described in detail in                 introductory text, (d)(1)(ii) introductory            remainder of the fishing year through
                                                  the specifications document, which                      text, (d)(1)(iii) introductory text, and              notice consistent with the
                                                  includes an EA, RIR, and IRFA                           (d)(4) introductory text are revised and              Administrative Procedure Act, unless
                                                  (available at ADDRESSES). The measures                  paragraph (d)(5) is added to read as                  such a reduction in the possession limit
                                                  implemented by this final rule minimize                 follows:                                              would be expected to prevent the TAL
                                                  the economic impacts on small entities                                                                        from being reached.
                                                  to the extent practicable.                              § 648.86 NE Multispecies possession                   *       *    *     *     *
                                                                                                          restrictions.
                                                     This action revises the ACL                                                                                   (5) In-season adjustment of Northern
                                                  specifications for northern and southern                *     *     *    *     *                              Red Hake Possession Limits. In addition
                                                  stocks of silver and red hakes for fishing                (d) * * *                                           to the accountability measure in-season
                                                  years 2015–2017. The specifications are                   (1) * * *                                           adjustment of small-mesh multispecies
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                                                  largely unchanged from previous years                     (i) Vessels possessing on board or                  possession limits specified in paragraph
                                                  with the exception of northern silver                   using nets of mesh size smaller than 2.5              (d)(4) of this section, if the Regional
                                                  hake, which is significantly increased.                 in (6.35 cm). Owners or operators of a                Administrator projects that 45 percent
                                                  The specifications do not reduce the                    vessel may possess and land not more                  of the northern red hake TAL has been
                                                  quotas and are therefore not restrictive                than 3,000 lb (1,361 kg) of red hake, and             reached or is exceeded, the Regional
                                                  in nature and, therefore, are not                       not more than 3,500 lb (1,588 kg) of                  Administrator shall reduce the
                                                  expected to result in significant positive              combined silver hake and offshore hake,               possession limit for northern red hake to


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                                                  30382              Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Rules and Regulations

                                                  1,500 lb (680 kg) for the remainder of                  the specification package, the Whiting                   (5) * * *
                                                  the fishing year unless further reduced                 PDT shall develop and present to the                     (iii) Small-mesh multispecies in-
                                                  to the incidental possession limit                      Council recommended specifications as                 season adjustment triggers. The small-
                                                  according to the accountability measure                 defined in paragraph (a) of this section              mesh multispecies inseason
                                                  in-season adjustment of small-mesh                      for up to 3 fishing years. The
                                                                                                                                                                accountability measure adjustment
                                                  multispecies possession limits specified                specifications package shall be the
                                                                                                                                                                triggers are as follow:
                                                  in paragraph (d)(4) of this section.                    primary vehicle for the presentation of
                                                  *     *      *     *     *                              all updated biological and socio-
                                                                                                                                                                                                    In-season
                                                                                                          economic information regarding the                                                        adjustment
                                                  ■ 3. In § 648.90, paragraphs (b)(4)(i) and                                                                                  Species
                                                                                                          small-mesh multispecies fishery. The                                                        trigger
                                                  (b)(5)(iii) are revised to read as follows:
                                                                                                          specifications package shall provide                                                       (percent)
                                                  § 648.90 NE multispecies assessment,                    source data for any adjustments to the
                                                  framework procedures and specifications,                management measures that may be                       Northern Red Hake ............                62.5
                                                  and flexible area action system.                        needed to continue to meet the goals                  Northern Silver Hake ..........               90
                                                  *     *     *     *    *                                and objectives of the FMP. The                        Southern Red Hake ............                90
                                                                                                          specifications package may include                    Southern Whiting ................             90
                                                    (b) * * *
                                                    (4) Specifications package. (i) The                   modifications to the OFL, ABC, ACL,
                                                  Whiting PDT shall prepare a                             TAL, possession limits, and in-season                 *        *      *       *    *
                                                                                                          possession limit triggers.                            [FR Doc. 2015–12871 Filed 5–27–15; 8:45 am]
                                                  specification package, including a SAFE
                                                  Report, at least every 3 years. Based on                *     *     *     *    *                              BILLING CODE 3510–22–P
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Document Created: 2018-02-21 10:33:23
Document Modified: 2018-02-21 10:33:23
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective May 28, 2015.
ContactJason Berthiaume, Fishery Management Specialist, (978) 281-9177.
FR Citation80 FR 30379 
RIN Number0648-BE87
CFR AssociatedFisheries; Fishing and Reporting and Recordkeeping Requirements

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