81 FR 41866 - Fisheries of the Northeastern United States; Small-Mesh Multispecies Specifications
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 124 (June 28, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 124 (June 28, 2016)
| Page Range | 41866-41868 | |
| FR Document | 2016-15202 |
[Federal Register Volume 81, Number 124 (Tuesday, June 28, 2016)] [Rules and Regulations] [Pages 41866-41868] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15202] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 160202068-6532-02] 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: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule modifies 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. These final specifications are intended to help achieve sustainable yield and prevent overfishing on these two red hake stocks. DATES: Effective June 28, 2016, until the effective date of the 2018-19 annual specifications and management measures, which will publish in the Federal Register. ADDRESSES: Copies of the specifications document, consisting of an Environmental Assessment (EA) and other supporting documents, are available 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 Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930-2298. FOR FURTHER INFORMATION CONTACT: Peter Burns, Fishery Policy Analyst, (978) 281-9144. SUPPLEMENTARY INFORMATION: [[Page 41867]] 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 for setting the small-mesh multispecies catch specifications, as well as set the specifications for the 2012-2014 fishing years. On May 28, 2015, NMFS published specifications for the 2015-2017 fishing years, based on stock assessment updates using data through the spring 2014 survey (80 FR 30379). The Northeast Fisheries Science Center completed a stock assessment update 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. The purpose of this action is to modify the northern and southern red hake specifications for the 2016 and 2017 fishing years. The Council recommended these changes in response to its review of the 2015 assessment update. The 2015 stock assessment update showed an increase in the northern red hake stock and a decrease in the southern red hake stock; however, the reasons for the decline in the southern stock area are unclear. In response to the updated stock assessment, the Council recommends modifications to the annual catch limits and total allowable landings limits. Final Measures This rule increases the northern red hake and decreases 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 reduce unnecessary discards by delaying a reduction in the possession limits. This action will benefit the fishery without increasing the 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 revised level of total allowable landings (Table 2). Table 1--Summary of the Revised 2016 and 2017 Red Hake Specifications, in Metric Tons ---------------------------------------------------------------------------------------------------------------- Northern red hake Southern red hake --------------------------------------------------------------- Existing Revised Existing Revised ---------------------------------------------------------------------------------------------------------------- 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 of Revised 2016-2017 Red Hake Specifications and 2014 Catch and Landings, in Metric Tons ------------------------------------------------------------------------ Northern Southern red hake red hake ------------------------------------------------------------------------ Revised ACL....................................... 471 1,631 2014 Catch........................................ 278 1,277 % of Revised ACL.................................. 56% 74% Revised TAL....................................... 120 746 2014 Landings..................................... 74 603 % of Revised TAL.................................. 62% 81% ------------------------------------------------------------------------ Comments and Responses On April 7, 2016, NMFS published proposed specifications for public notice and comment. NMFS did not receive any comments in response to the proposed 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. This action is exempt from review under E.O. 12866 because this action contains no implementing regulations. The Assistant Administrator finds good cause under the authority of 5 U.S.C. 553(d)(3) to waive the 30-day delay of the effective date. Because the fishing year began on May 1, 2016, delaying the effectiveness of this action, particularly the increase in the northern red hake catch limits, would not be in the best interest of the fishery resource or vessels fishing for small-mesh multispecies. The intent of this action is to allow the fishery to benefit from the increase in the northern red hake biomass by increasing the overall catch limits for the fishery. This action will also help to reduce red hake discards by ensuring that the possession limits are not reduced sooner than necessary. The accountability measures for the fishery require that the possession limits be reduced once certain harvest triggers are met. If the 30-day delay in the effective date stands, there is a risk that early-season fishing effort on the northern red hake stock could trigger a reduction in the possession limits before the increase in overall catch limits contained in this final rule take effect. In 2012 and 2013, northern red hake catch rates exceeded the Annual Catch Limits (ACL) and Acceptable Biological Catch (ABC) and the possession limit was reduced to the incidental level earlier than anticipated. Such a situation could cause economic hardship for fishermen by restricting them to a lower possession limit until the higher catch limits contained in this rule take effect and the higher possession limits are re-instated. Therefore, having the increased catch limits take effect upon publication will optimize the benefits to the industry by extending the season and will benefit the resource by helping to prevent excess discards and overages to the ACL and ABC. In addition, making the measures in this final rule effective upon publication will assist in reducing the risk of overfishing the southern red hake stock, even though the fishery is not expected to exceed the reduced catch limits. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a [[Page 41868]] regulatory flexibility analysis is not required and none was prepared. There are no new reporting or recordkeeping requirements contained in any of the final measures included in this action. Authority: 16 U.S.C. 1801 et seq. Dated: June 22, 2016. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2016-15202 Filed 6-27-16; 8:45 am] BILLING CODE 3510-22-P
![41866 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations
Subpart D—Civil Monetary Penalty Inflation (1)(i) Is for a specific monetary § 11.32 Purpose and scope.
Adjustments amount as provided by Federal law; or The purpose of this part is to make
Sec. (ii) Has a maximum amount provided
the inflation adjustment, described in
11.31 Definitions. for by Federal law;
(2) Is assessed or enforced by an and required by the Inflation
11.32 Purpose and scope. Adjustment Act, of each civil monetary
11.33 Adjustments to penalties. agency pursuant to Federal law; and
(3) Is assessed or enforced pursuant to penalty provided by law within the
11.34 Subsequent adjustments. jurisdiction of the U.S. Fish and
an administrative proceeding or a civil
action in the Federal courts. Wildlife Service.
Subpart D—Civil Monetary Penalty
Inflation Adjustments (b) Inflation Adjustment Act means
§ 11.33 Adjustments to penalties.
the Federal Civil Penalties Inflation
§ 11.31 Definitions. Adjustment Act Improvements Act of The civil monetary penalties provided
2015 (Pub. L. 114–74, November 2, by law within the jurisdiction of the
(a) Civil monetary penalty means any
2015, 129 Stat. 584, 28 U.S.C. 2461 U.S. Fish and Wildlife Service are
penalty, fine, or other sanction that: note). adjusted as follows:
Maximum civil
Law Citation Type of violation monetary
penalty
(a) African Elephant Conservation Act ................ 16 U.S.C. 4224(b) ............ Any violation ....................................................... $9,893
(b) Bald and Golden Eagle Protection Act .......... 16 U.S.C. 668(b) .............. Any violation ....................................................... 12,500
(c) Endangered Species Act of 1973 .................. 16 U.S.C. 1540(a)(1) ........ (1) Knowing violation of section 1538 ................ 49,467
(2) Other knowing violation ................................ 23,744
(3) Any other violation ........................................ 1,250
(d) Lacey Act Amendments of 1981 ................... 16 U.S.C. 3373(a) ............ (1) Violations referred to in 16 U.S.C. 25,000
3373(a)(1).
(2) Violations referred to in 16 U.S.C. 625
3373(a)(2).
(e) Marine Mammal Protection Act of 1972 ........ 16 U.S.C. 1375 ................. Any violation ....................................................... 25,000
(f) Recreational Hunting Safety Act of 1994 ....... 16 U.S.C. 5202(b) ............ (1) Violation involving use of force or violence 15,909
or threatened use of force or violence.
(2) Any other violation ........................................ 7,954
(g) Rhinoceros and Tiger Conservation Act of 16 U.S.C. 5305a(b)(2) ...... Any violation ....................................................... 17,403
1998.
(h) Wild Bird Conservation Act ............................ 16 U.S.C. 4912(a)(1) ........ (1) Violation of section 4910(a)(1), section 41,932
4910(a)(2), or any permit issued under sec-
tion 4911.
(2) Violation of section 4910(a)(3) ...................... 20,127
(3) Any other violation ........................................ 839
§ 11.34 Subsequent adjustments. DEPARTMENT OF COMMERCE overfishing on these two red hake
The Secretary of the Interior or his or stocks.
National Oceanic and Atmospheric
her designee will, every year after DATES: Effective June 28, 2016, until the
Administration
August 1, 2016, make the inflation effective date of the 2018–19 annual
adjustment described in and required by specifications and management
50 CFR Part 648
the Inflation Adjustment Act of each measures, which will publish in the
civil monetary penalty provided by law [Docket No. 160202068–6532–02] Federal Register.
and within the jurisdiction of the U.S. ADDRESSES: Copies of the specifications
Fish and Wildlife Service. Each annual RIN 0648–XE425 document, consisting of an
adjustment will be reflected in the table Environmental Assessment (EA) and
in § 11.33. Fisheries of the Northeastern United other supporting documents, are
States; Small-Mesh Multispecies available from Thomas A. Nies,
Dated: June 21, 2016. Specifications Executive Director, New England
Michael J. Bean, Fishery Management Council, 50 Water
AGENCY: National Marine Fisheries
Assistant Secretary for Fish and Wildlife and Street, Newburyport, MA 01950. This
Parks.
Service (NMFS), National Oceanic and
document is also available from the
Atmospheric Administration (NOAA),
[FR Doc. 2016–15268 Filed 6–27–16; 8:45 am] following internet addresses:
Commerce.
BILLING CODE 4333–15–P www.greateratlantic.fisheries.noaa.gov/
ACTION: Final rule. or www.nefmc.org. Copies of the small
SUMMARY: This final rule modifies the entity compliance guide are available
from John K. Bullard, Regional
asabaliauskas on DSK3SPTVN1PROD with RULES
specifications for northern and southern
red hake for fishing years 2016 and Administrator, Greater Atlantic Regional
2017. This action is necessary to Fisheries Office, 55 Great Republic
implement the Council’s recommended Drive, Gloucester, MA 01930–2298.
measures in response to updated FOR FURTHER INFORMATION CONTACT:
scientific information. These final Peter Burns, Fishery Policy Analyst,
specifications are intended to help (978) 281–9144.
achieve sustainable yield and prevent SUPPLEMENTARY INFORMATION:
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![41868 Federal Register / Vol. 81, No. 124 / Tuesday, June 28, 2016 / Rules and Regulations
regulatory flexibility analysis is not http://www.pcouncil.org/. Copies of the The Council recommended and
required and none was prepared. final environmental impact statement NMFS is implementing a reduction in
There are no new reporting or (FEIS) for the Groundfish Specifications the weekly limit for sablefish in the
recordkeeping requirements contained and Management Measures for 2015– limited entry fixed gear fishery north of
in any of the final measures included in 2016 and Biennial Periods Thereafter 36° N. lat. from ‘‘1,275 lb per week, not
this action. are available from Chuck Tracy, Acting to exceed 3,375 lb per two months’’ to
Authority: 16 U.S.C. 1801 et seq. Executive Director, Pacific Fishery ‘‘1,125 lb per week, not to exceed 3,375
Management Council (Council), 7700 lb per two months.’’
Dated: June 22, 2016. NE Ambassador Place, Portland, OR At its April meeting, the Council
Samuel D. Rauch III, 97220, phone: 503–820–2280. considered 2015 fishery performance,
Deputy Assistant Administrator for status of ongoing fisheries in 2016,
Regulatory Programs, National Marine Background updated projections, and requests from
Fisheries Service. industry regarding the open access DTL
Changes to Trip Limits the Limited
[FR Doc. 2016–15202 Filed 6–27–16; 8:45 am]
Entry Fixed Gear and Open Access fishery north of 36° N. lat. Harvest of
BILLING CODE 3510–22–P
Sablefish Daily Trip Limit Fisheries sablefish in the open access DTL fishery
North of 36° N. lat. north of 36° N. lat. exceeded its
allocation in 2015. Industry raised
DEPARTMENT OF COMMERCE The best available fisheries concerns that participation levels seen
information indicates that catch of in 2015 may further increase in 2016
National Oceanic and Atmospheric sablefish in the commercial non-trawl due to a predicted poor salmon fishing
Administration fisheries north of 36° N. lat. in 2016 will season and lack of a Dungeness crab
be higher than anticipated. The Council fishery off California. If no action is
50 CFR Part 660 considered updated projections and the taken and this higher than anticipated
[Docket No. 140904754–5188–02] status of ongoing groundfish fisheries at catch continues in the open access DTL
its March 9–14, 2016, and April 9–14, fishery, landings through the end of the
RIN 0648–BG08 year are projected to be 70 percent of the
2016, meetings. The Council considered
2015 fishery harvest estimates and allocation. The Council considered
Magnuson-Stevens Act Provisions;
fishery models, updated with the best these updated projections, and concerns
Fisheries Off West Coast States;
estimate reports from the Pacific Fishery and recommendations from industry
Pacific Coast Groundfish Fishery;
Information Network through February representatives. Based on public
2015–2016 Biennial Specifications and
28, 2016. testimony, there is anecdotal evidence
Management Measures; Inseason of a sharp increase in participation in
Adjustments At its March meeting, the Council this fishery, particularly in southern
considered updated projections, Oregon and northern California ports.
AGENCY: National Marine Fisheries indicating that sablefish landings
Service (NMFS), National Oceanic and Industry representatives recommended
through the end of the year would a precautionary decrease in trip limits
Atmospheric Administration (NOAA), exceed the sablefish allocation in the
Commerce. beginning July 1 to slow landings and
limited entry fixed gear daily trip limit maintain year-round fishing
ACTION: Final rule; inseason adjustments (DTL) fishery north of 36° N. lat.
to biennial groundfish management opportunities. The Council considered a
Projected landings in the limited entry precautionary reduction to open access
measures. fixed gear DTL fishery north of 36° N. DTL trip limits to maintain harvest
lat. vary based on assumptions on the opportunities throughout the year even
SUMMARY: This final rule announces
price per pound. If no action is taken— under much higher participation levels.
inseason changes to management
and this higher than anticipated catch The Council recommended and
measures in the Pacific Coast groundfish
continues in the limited entry fixed gear NMFS is implementing a reduction in
fisheries. This action, which is
DTL fishery—then projected landings the trip limit for sablefish in the open
authorized by the Pacific Coast
range from 90 percent of the allocation access fishery north of 36° N. lat. from
Groundfish Fishery Management Plan
(low price assumption) to over 100 ‘‘300 lb per day, or one landing per
(PCGFMP), is intended to allow
percent of the allocation (high price week of up to 1,000 lb, not to exceed
fisheries to attain their allocations and
assumption) through the end of the year. 2,000 lb per two months’’ to ‘‘300 lb per
maintain year-round fishing
In recent years, the Council has taken a day, or one landing per week of up to
opportunities while keeping harvest
precautionary approach to setting trip 850 lb, not to exceed 1,700 lb per two
within the annual catch limit (ACL) for
limits at the start of the year. Setting trip months,’’ beginning July 1, 2016.
sablefish north 36° N. lat.
limits to target approximately 90 Decreases to trip limits in the limited
DATES: This final rule is effective June percent attainment of the allocation entry fixed gear and open access DTL
28, 2016. allows for flexibility to increase trip fisheries north of 36° N. lat. are
FOR FURTHER INFORMATION CONTACT: limits later in the year if harvest remains intended to allow year-round fishing
Gretchen Hanshew, phone: 206–526– at or lower than anticipated levels, and opportunities and reduce the risk of
6147, fax: 206–526–6736, or email: also reduces the risk of early closure if closure as occurred in 2015 (when the
gretchen.hanshew@noaa.gov. catches are higher than anticipated. The limited entry fixed gear and open access
SUPPLEMENTARY INFORMATION: Council considered a modest decrease DTL fisheries north of 36° N. lat. were
asabaliauskas on DSK3SPTVN1PROD with RULES
to the weekly limit in the limited entry both closed on November 1, reducing
Electronic Access fixed gear DTL fishery north of 36° N. the season length by two months).
This rule is accessible via the Internet lat. With a slightly smaller weekly limit,
at the Office of the Federal Register Web harvest estimates through the end of the Classification
site at https://www.federalregister.gov. year were reduced to between 81 and 93 This final rule makes routine inseason
Background information and documents percent of the allocation (under low and adjustments to groundfish fishery
are available at the Pacific Fishery high price per pound assumptions, management measures, based on the
Management Council’s Web site at respectively). best available information, consistent
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Document Created: 2016-06-28 00:53:31
Document Modified: 2016-06-28 00:53:31
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective June 28, 2016, until the effective date of the 2018-19 annual specifications and management measures, which will publish in the Federal Register. | |
| Contact | Peter Burns, Fishery Policy Analyst, (978) 281-9144. | |
| FR Citation | 81 FR 41866 | |
| RIN Number | 0648-XE42 |
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