81 FR 20316 - Fisheries of the Northeastern United States; Small-Mesh Multispecies Specifications

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 67 (April 7, 2016)

Page Range		20316-20318
FR Document		2016-07968

The purpose of this action is to modify the specifications for northern and southern red hake for fishing years 2016 and 2017. This action is necessary to implement the Council's recommended measures in response to updated scientific information. The proposed specifications are intended to help achieve sustainable yield and prevent overfishing.

Federal Register, Volume 81 Issue 67 (Thursday, April 7, 2016)

[Federal Register Volume 81, Number 67 (Thursday, April 7, 2016)]
[Proposed Rules]
[Pages 20316-20318]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-07968]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160202068-6068-01]
RIN 0648-XE425

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

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

ACTION: Proposed rule; request for comments.

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SUMMARY: The purpose of this action is to modify the specifications for
northern and southern red hake for fishing years 2016 and 2017. This
action is necessary to implement the Council's recommended measures in
response to updated scientific information. The proposed specifications
are intended to help achieve sustainable yield and prevent overfishing.

DATES: Public comments must be received by April 22, 2016.

ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2016-0030, by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0030, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to John K. Bullard, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930-2276. Mark the outside of the envelope:
``Comments on Red Hake Specifications.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
New England Fishery Management Council staff prepared a
Supplemental Information Report for the small-mesh multispecies
specifications that describes the proposed action. The Council's
document provides a discussion of the alternatives and the expected
impacts. Copies of the specifications-related 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.

[[Page 20317]]

FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218.

SUPPLEMENTARY INFORMATION:

Background

The New England Fishery Management Council manages the small-mesh
multispecies fishery primarily through a series 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 fishery uses small mesh and modified nets that do not
generally result in the catch of 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, as well as set the specifications for the 2012-2014
fishing years. On May 28, 2015, specifications for the 2015-2017
fishing years were published (80 FR 30379), based on stock assessment
updates using data through the spring 2014 survey. These specifications
were based on an update to the previously accepted stock assessment,
using data through the 2014 Federal spring trawl survey. A stock
assessment update was completed in 2015, using data through the 2015
spring survey. The 2015 update indicates that the northern red hake
stock is increasing in biomass, while the southern stock is decreasing.

Proposed Measures

The purpose of this action is to modify the northern and southern
red hake specifications for the 2016 and 2017 fishing years. The New
England Fishery Management Council recommended these changes in
response to its review of the most recent stock assessment update. A
large year-class of northern red hake was identified in the 2013
Federal survey data. Because those fish were small at the time the
2015-2017 specifications were set, the impact to the specifications was
minimal; however, the potential for a large increase in biomass during
the middle of the specifications period was likely. The Council
requested an update to the stock assessment in 2015 to monitor this
year class and to adjust the specifications, if warranted.
As expected, the 2015 stock assessment update showed an increase in
the northern red hake stock. The update also showed a decrease in the
southern red hake stock; however, the reasons for the decline in the
southern stock area are unclear.
In response to these changes, this rule proposes to increase the
northern red hake and to decrease the southern red hake 2016 and 2017
annual catch limits and total allowable landings limits (Table 1),
consistent with the stock assessment update and the Council's
recommendation. The increase to the northern stock specifications will
allow the fishery to benefit from this increase in biomass, as well as
avoiding unnecessary discards by ensuring the possession limit is not
reduced sooner than needed, while not substantially changing the
already low risk of overfishing. The decrease in the southern stock
specifications is necessary to reduce the risk of overfishing, even
though recent landings are approximately 20 percent below the proposed
revised specifications (Table 2).

Table 1--Summary of the Red Hake Specifications, in Metric Tons
----------------------------------------------------------------------------------------------------------------
Northern Red Hake Southern Red Hake
---------------------------------------------------------------
Existing Proposed Existing Proposed
----------------------------------------------------------------------------------------------------------------
Overfishing Limit............................... 331 556 3,400 1,816
Acceptable Biological Catch..................... 287 496 3,179 1,717
Annual Catch Limit (ACL)........................ 273 471 3,021 1,631
Total Allowable Landings (TAL).................. 104.2 120 1,309.4 746
----------------------------------------------------------------------------------------------------------------

Table 2--Comparison Between Proposed 2016-2017 Red Hake Specifications
and 2014 Catch and Landings, in Metric Tons
------------------------------------------------------------------------
Northern Red Hake Southern Red Hake
------------------------------------------------------------------------
Proposed ACL.................. 471 1,631
2014 Catch.................... 278 1,277
% of Proposed ACL............. 56% 74%
Proposed TAL.................. 120 746
2014 Landings................. 74 603
% of Proposed TAL............. 62% 81%
------------------------------------------------------------------------

Classification

Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
Assistant Administrator has determined that this proposed rule is
consistent with the Northeast Multispecies FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment.
This action is exempt from review under E.O. 12866 because this
action contains no implementing regulations.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The Council conducted an evaluation of the potential socioeconomic
impacts of the proposed measures in conjunction with a supplemental
information report. These analyses identified 1,007 unique fishing
entities, 990 of which are considered small under current business
standards, in the Greater Atlantic Region that could be affected by the
proposed change. However, only 167 federally permitted vessels, all of
which qualify as small entities under the Small Business
Administration's small business standards, are expected to

[[Page 20318]]

participate in the small-mesh fishery in the next two years. The
proposed measures would modify the total allowable landings and catch
limits consistent with recent scientific information. Under the
proposed measures, the northern red hake stock catch limits increase,
while the southern red hake stock catch limits decrease. A slight
positive impact from the northern red hake stock may occur; however,
red hake is generally not the target species for a given small-mesh
fishing trip. Its value is much lower than silver hake (i.e., whiting),
herring, and squid, which are the primary target species for vessels
using small mesh. In addition, the southern red hake landings in recent
years are below the proposed reduced landings limit, which is not
expected to be constraining. Therefore, the economic impacts of this
action are expected to be minimal. Although a large number of small
entities may be affected, the effect will be neither negative nor
significant.
As a result, an initial regulatory flexibility analysis is not
required and none has been prepared.
There are no new reporting or recordkeeping requirements contained
in any of the alternatives considered for this action.

Authority: 16 U.S.C. 1801 et seq.

Dated: April 1, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2016-07968 Filed 4-6-16; 8:45 am]
BILLING CODE 3510-22-P

Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Proposed Rules 20317

FOR FURTHER INFORMATION CONTACT: assessment updates using data through stock assessment in 2015 to monitor this
Moira Kelly, Fishery Policy Analyst, the spring 2014 survey. These year class and to adjust the
(978) 281–9218. specifications were based on an update specifications, if warranted.
SUPPLEMENTARY INFORMATION: to the previously accepted stock As expected, the 2015 stock
assessment, using data through the 2014 assessment update showed an increase
Background Federal spring trawl survey. A stock in the northern red hake stock. The
The New England Fishery assessment update was completed in update also showed a decrease in the
Management Council manages the 2015, using data through the 2015 southern red hake stock; however, the
small-mesh multispecies fishery spring survey. The 2015 update reasons for the decline in the southern
primarily through a series of exemptions indicates that the northern red hake stock area are unclear.
from the Northeast Multispecies Fishery stock is increasing in biomass, while the In response to these changes, this rule
Management Plan (FMP). The small- southern stock is decreasing. proposes to increase the northern red
mesh multispecies fishery is composed hake and to decrease the southern red
Proposed Measures
of five stocks of three species of hakes hake 2016 and 2017 annual catch limits
(northern and southern silver hake, The purpose of this action is to and total allowable landings limits
northern and southern red hake, and modify the northern and southern red (Table 1), consistent with the stock
offshore hake). It is managed separately hake specifications for the 2016 and assessment update and the Council’s
from the other stocks of groundfish such 2017 fishing years. The New England recommendation. The increase to the
as cod, haddock, and flounders, Fishery Management Council northern stock specifications will allow
primarily because the fishery uses small recommended these changes in the fishery to benefit from this increase
mesh and modified nets that do not response to its review of the most recent in biomass, as well as avoiding
generally result in the catch of these stock assessment update. A large year- unnecessary discards by ensuring the
other stocks. Amendment 19 to the class of northern red hake was possession limit is not reduced sooner
Northeast Multispecies FMP (April 4, identified in the 2013 Federal survey than needed, while not substantially
2013; 78 FR 20260) established a data. Because those fish were small at changing the already low risk of
process and framework for setting the the time the 2015–2017 specifications overfishing. The decrease in the
small-mesh multispecies catch were set, the impact to the southern stock specifications is
specifications, as well as set the specifications was minimal; however, necessary to reduce the risk of
specifications for the 2012–2014 fishing the potential for a large increase in overfishing, even though recent
years. On May 28, 2015, specifications biomass during the middle of the landings are approximately 20 percent
for the 2015–2017 fishing years were specifications period was likely. The below the proposed revised
published (80 FR 30379), based on stock Council requested an update to the specifications (Table 2).

TABLE 1—SUMMARY OF THE RED HAKE SPECIFICATIONS, IN METRIC TONS
Northern Red Hake Southern Red Hake

Existing Proposed Existing Proposed

Overfishing Limit .............................................................................................. 331 556 3,400 1,816
Acceptable Biological Catch ............................................................................ 287 496 3,179 1,717
Annual Catch Limit (ACL) ................................................................................ 273 471 3,021 1,631
Total Allowable Landings (TAL) ....................................................................... 104.2 120 1,309.4 746

TABLE 2—COMPARISON BETWEEN PROPOSED 2016–2017 RED HAKE SPECIFICATIONS AND 2014 CATCH AND LANDINGS,
IN METRIC TONS

Northern Red Hake Southern Red Hake

Proposed ACL ..................................................................................................................................... 471 1,631
2014 Catch .......................................................................................................................................... 278 1,277
% of Proposed ACL ............................................................................................................................. 56% 74%
Proposed TAL ...................................................................................................................................... 120 746
2014 Landings ..................................................................................................................................... 74 603
% of Proposed TAL ............................................................................................................................. 62% 81%

Classification This action is exempt from review the proposed measures in conjunction
under E.O. 12866 because this action with a supplemental information report.
Pursuant to section 304(b)(1)(A) of the contains no implementing regulations. These analyses identified 1,007 unique
Magnuson-Stevens Act, the Assistant fishing entities, 990 of which are
The Chief Counsel for Regulation of
Administrator has determined that this considered small under current business
Lhorne on DSK5TPTVN1PROD with PROPOSALS

the Department of Commerce certified
proposed rule is consistent with the standards, in the Greater Atlantic
to the Chief Counsel for Advocacy of the
Northeast Multispecies FMP, other Region that could be affected by the
Small Business Administration that this
provisions of the Magnuson-Stevens proposed rule, if adopted, would not proposed change. However, only 167
Act, and other applicable law, subject to have a significant economic impact on federally permitted vessels, all of which
further consideration after public a substantial number of small entities. qualify as small entities under the Small
comment. The Council conducted an evaluation of Business Administration’s small
the potential socioeconomic impacts of business standards, are expected to

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$20318 Federal Register / Vol. 81, No. 67 / Thursday, April 7, 2016 / Proposed Rules participate in the small-mesh fishery in (i.e., whiting), herring, and squid, which There are no new reporting or the next two years. The proposed are the primary target species for vessels recordkeeping requirements contained measures would modify the total using small mesh. In addition, the in any of the alternatives considered for allowable landings and catch limits southern red hake landings in recent this action. consistent with recent scientific years are below the proposed reduced Authority: 16 U.S.C. 1801 et seq. information. Under the proposed landings limit, which is not expected to measures, the northern red hake stock be constraining. Therefore, the Dated: April 1, 2016. catch limits increase, while the southern economic impacts of this action are Samuel D. Rauch III, red hake stock catch limits decrease. A expected to be minimal. Although a Deputy Assistant Administrator for slight positive impact from the northern large number of small entities may be Regulatory Programs, National Marine affected, the effect will be neither Fisheries Service. red hake stock may occur; however, red negative nor significant. [FR Doc. 2016–07968 Filed 4–6–16; 8:45 am] hake is generally not the target species As a result, an initial regulatory for a given small-mesh fishing trip. Its flexibility analysis is not required and BILLING CODE 3510–22–P value is much lower than silver hake none has been prepared. Lhorne on DSK5TPTVN1PROD with PROPOSALS VerDate Sep<11>2014 15:16 Apr 06, 2016 Jkt 238001 PO 00000 Frm 00058 Fmt 4702 Sfmt 9990 E:\FR\FM\07APP1.SGM 07APP1$

Document Created: 2016-04-06 23:43:52
Document Modified: 2016-04-06 23:43:52

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule; request for comments.
Dates		Public comments must be received by April 22, 2016.
Contact		Moira Kelly, Fishery Policy Analyst, (978) 281-9218.
FR Citation		81 FR 20316
RIN Number		0648-XE42

81 FR 20316 - Fisheries of the Northeastern United States; Small-Mesh Multispecies Specifications

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 67 (April 7, 2016)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration