82 FR 21477 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northern Red Hake Accountability Measure
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 82, Issue 88 (May 9, 2017)
National Oceanic and Atmospheric Administration
Federal Register Volume 82, Issue 88 (May 9, 2017)
| Page Range | 21477-21480 | |
| FR Document | 2017-09393 |
[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)] [Rules and Regulations] [Pages 21477-21480] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-09393] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 170126124-7124-01] RIN 0648-BG63 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northern Red Hake Accountability Measure AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This action reduces the in-season possession limit adjustment trigger for northern red hake due to an annual catch limit overage in fishing year 2015. Reduction of the trigger is a non-discretionary action intended to minimize the potential for catch overages in the future. This action reinstates regulatory text that we inadvertently removed during a previous rule making action. The intent of this action is to inform the public of this reduction in the possession limit trigger. The regulatory correction is [[Page 21478]] intended to clarify the original purpose of the regulation. DATES: The rule is effective May 9, 2017. FOR FURTHER INFORMATION CONTACT: Peter Burns, Fishery Policy Analyst, phone (978) 281-9144, or [email protected]. SUPPLEMENTARY INFORMATION: Background This action reduces the in-season possession limit adjustment trigger for northern red hake, effective May 9, 2017, as described in the Northeast Multispecies Fishery Management Plan (FMP). The accountability measures for the small-mesh multispecies fishery require the reduction of the possession limit adjustment trigger when the fishery exceeds a stock's annual catch limit (ACL), as occurred with northern red hake in 2015. Additionally, this action reinstates the regulatory text that details the raised-footrope trawl gear specifications. Use of the raised-footrope trawl is mandatory in certain small-mesh exemption areas. This action reinstates the regulatory text that we inadvertently removed from the regulations when we published the final rule to implement the measures in Amendment 19 to the Northeast Multispecies FMP in 2013 (78 FR 20260; April 4, 2013). The small-mesh multispecies fishery is managed as a component of the Northeast Multispecies FMP, using a series of exemptions from the minimum mesh size requirements of the groundfish fishery. There are three species managed as five stocks under these regulations (northern and southern silver hake, northern and southern red hake, and offshore hake). The northern stock areas are generally the Gulf of Maine and Georges Bank, and the southern stock areas are in Southern New England and the Mid-Atlantic regions. Silver hake, also known as ``whiting,'' is generally the primary target species of the fishery. Red hake is caught concurrently with whiting and is typically sold as bait. Under the current regulations, if catch of a small-mesh multispecies stock exceeds its ACL in a given fishing year, we are required to reduce the in-season possession limit adjustment trigger (currently 62.5 percent for northern red hake) in a subsequent fishing year by 1 percent for each 1 percent by which the ACL was exceeded. During the fishing year, when we project that the landings have reached the trigger percentage of the total allowable landings (TAL), we will reduce the possession limit for that stock to an incidental level for the remainder of the fishing year. This is not the first time that we have reduced the northern red hake in-season possession limit adjustment trigger. In fishing year 2012, the trigger for the incidental catch limit was 90 percent for all small-mesh multispecies stocks. We initially determined that the northern red hake ACL was exceeded by 45 percent in 2012 and 2013, so the incidental possession limit trigger was reduced from 90 percent to 45 percent, beginning in fishing year 2014. During development of the whiting specifications for fishing years 2015-2017, the New England Fishery Management Council's Small-Mesh Multispecies Plan Development Team determined that the 2012 ACL had been underestimated, meaning that the catch had exceeded the ACL less than previously thought. Accordingly, we adjusted the possession limit trigger for northern red hake from 45 percent to 62.5 percent of the TAL, beginning in fishing year 2015. We included the adjusted possession limit trigger in the final specifications packages for the 2015-2017 fishing years. That action also reduced the northern red hake possession limit from 5,000 lb (2,268 kg) to 3,000 lb (1,361 kg) per trip to delay the in-season accountability measure until later in the season and minimize the chance of a subsequent ACL overage, as occurred in fishing years 2012 and 2013. As an additional means of extending the season and reducing red hake discards, it established a new in-season possession limit trigger that reduced the possession limit for northern red hake to 1,500 lb (680 kg) per trip when estimated landings reach 45 percent of the TAL. In fishing year 2015, the northern red hake ACL was 273 mt, with a TAL of 104 mt. Northern red hake commercial catch, including landings and discards, was 340 mt, exceeding the ACL by 67 mt, or 24.6 percent. Accordingly, this action reduces the possession limit trigger by 24.6 percent, from 62.5 percent of the TAL to 37.9 percent of the TAL, effective May 9, 2017. This measure reduces the possession limit for northern red hake from 3,000 lb (1,361 kg) per trip to the incidental possession limit of 400 lb (181 kg) once the fleet is projected to land 45.5 mt in fishing year 2017. This action also necessitates the removal of the 1,500-lb (680-kg) possession limit at 45 percent of the TAL. The reduced trigger will remain in effect until the Council changes it through specifications or a framework action. This action will not alter the possession limit triggers for any of the other small-mesh multispecies stocks because catch of those stocks did not exceed the respective ACLs in 2015. In addition to adjusting the possession limit trigger percentage, this action re-instates important regulatory text that we inadvertently deleted from the regulations during a previous rulemaking action. Specifically, text for paragraphs (a)(9)(ii)(A) through (D) of Sec. 648.80 were mistakenly removed from the regulations when an amendment in a final rule implementing measures for Amendment 19 was incorporated into the Code of Federal Regulations. Those longstanding paragraphs provide the detailed gear specifications for the raised-footrope trawl, a gear type that fishermen must use when fishing in certain small-mesh exemption areas. In that rule, we had intended only to amend the introductory text to Sec. 648.80(a)(9)(ii), but the subsequent paragraphs were ultimately removed when the amendment was incorporated into the Code of Federal Regulations. For reasons described below, there is good cause to waive the 30- day delay of the effective date for the actions in this final rule. Accordingly, the adjusted possession limit adjustment trigger and the reinstatement of the regulatory text take effect immediately upon publication in the Federal Register (see Classification). Classification Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA, finds good cause to waive prior notice and opportunity for additional public comment for the modifications to the northern red hake possession limit trigger because it would be impracticable and contrary to the public interest. The final rule for Amendment 19 to the Northeast Multispecies FMP, which set the specifications and accountability measures for the small-mesh multispecies fishery, already considered comment on these measures with the understanding that the possession limit trigger could be adjusted when the ACL is exceeded. This action modifies the regulations regarding the accountability measures as intended by the Council and as required in the regulations. Adjustment of the possession limit trigger is a non- discretionary action required by the provisions of Amendment 19. Currently, these regulations specify the northern red hake trigger at 62.5 percent of the TAL. Because the ACL was exceeded, the 62.5-percent trigger for northern red hake will be reduced to 37.9 percent. If the new trigger is not published near the start of the 2017 fishing year on May 1, 2017, the fishery could once again exceed the catch limits because [[Page 21479]] fishermen would not be aware of the new reduced trigger level, which could result in adverse impacts to fishery resources and curtailed fishing opportunities leading to unnecessary adverse economic impacts for fishery participants. The Council and industry were informed of this necessary action at recent meetings of the Council (September 20, 2016), the Council's Small-Mesh Multispecies Committee (October 13, 2016), and at a joint meeting of the Council's Small-Mesh Multispecies Plan Development Team and Advisory Panel (October 6, 2016). During those meetings, there was no indication that the Council intended to reconsider the need for this non-discretionary adjustment to the possession limit trigger. For the reasons stated above, pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for Fisheries, NOAA, also finds good cause to waive the 30-day delay in effectiveness of these accountability measures. As to the reinstatement of the regulatory text in paragraphs (a)(9)(ii)(A)-(D) in Sec. 648.80, pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for Fisheries, NOAA, also finds there is good cause to waive prior notice and comment as it would be impracticable and contrary to the public interest. The reinstatement of the regulatory text in paragraphs (a)(9)(ii)(A)-(D) in Sec. 648.80 is necessary to ensure the proper specifications for the raised footrope trawl in the small-mesh fishery. The extraction of the relevant text was a drafting error and was not intended under Amendment 19, which was the basis for the rulemaking by which the text was inadvertently deleted. The industry has continued to comply with these specifications, which constitute standard industry practice, but the text setting forth these requirements is missing from the regulations. The specifications ensure that the trawl net is rigged to avoid contact with the ocean bottom to reduce the bycatch of non-targeted regulated species. The absence of these regulations may cause harm to fishery resources and benthic habitat and, therefore, should be reinstated as soon as practicable before the start of the 2017 fishing year to maintain the regulations as intended in the FMP. These gear requirements have undergone the appropriate level of notice and comment prior to their initial publication in the regulations. Delaying the re- instatement of this component of the fishery specifications to allow for notice and comment would be contrary to the public interest because it could have negative implications on the resource and create confusion for the industry. In addition, a delay for additional comment would be counter to the intent of the Council, which has not requested a reconsideration of the need for these important specifications. For the reasons stated above, pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for Fisheries, NOAA, also finds good cause to waive the 30-day delay in effectiveness of the raised footrope trawl regulations. Because prior notice and opportunity for public comment are not required for this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., do not apply. This rule is not significant for the purposes of Executive Order 12866. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Reporting and recordkeeping requirements. Dated: May 4, 2017. Alan D. Risenhoover, Acting 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. 648.80, paragraphs (a)(9)(ii)(A) through (D) are added to read as follows: Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on gear and methods of fishing. * * * * * (a) * * * (9) * * * (ii) * * * (A) Eight-inch (20.3-cm) diameter floats must be attached to the entire length of the headrope, with a maximum spacing of 4 ft (122.0 cm) between floats. (B) The ground gear must all be bare wire not larger than \1/2\ inch (1.2 cm) for the top leg, not larger than \5/8\ inch (1.6 cm) for the bottom leg, and not larger than \3/4\ inch (1.9 cm) for the ground cables. The top and bottom legs must be equal in length, with no extensions. The total length of ground cables and legs must not be greater than 40 fathoms (73 m) from the doors to wing ends. (C) The footrope must be longer than the length of the headrope, but not more than 20 ft (6.1 m) longer than the length of the headrope. The footrope must be rigged so that it does not contact the ocean bottom while fishing. (D) The raised footrope trawl may be used with or without a chain sweep. If used without a chain sweep, the drop chains must be a maximum of \3/8\-inch (0.95-cm) diameter bare chain and must be hung from the center of the footrope and each corner (the quarter, or the junction of the bottom wing to the belly at the footrope). Drop chains must be hung at intervals of 8 ft (2.4 m) along the footrope from the corners to the wing ends. If used with a chain sweep, the sweep must be rigged so it is behind and below the footrope, and the footrope is off the bottom. This is accomplished by having the sweep longer than the footrope and having long drop chains attaching the sweep to the footrope at regular intervals. The forward end of the sweep and footrope must be connected to the bottom leg at the same point. This attachment, in conjunction with the headrope flotation, keeps the footrope off the bottom. The sweep and its rigging, including drop chains, must be made entirely of bare chain with a maximum diameter of \5/16\ inches (0.8 cm). No wrapping or cookies are allowed on the drop chains or sweep. The total length of the sweep must be at least 7 ft (2.1 m) longer than the total length of the footrope, or 3.5 ft (1.1 m) longer on each side. Drop chains must connect the footrope to the sweep chain, and the length of each drop chain must be at least 42 inches (106.7 cm). One drop chain must be hung from the center of the footrope to the center of the sweep, and one drop chain must be hung from each corner. The attachment points of each drop chain on the sweep and the footrope must be the same distance from the center drop chain attachments. Drop chains must be hung at intervals of 8 ft (2.4 m) from the corners toward the wing ends. The distance of the drop chain that is nearest the wing end to the end of the footrope may differ from net to net. However, the sweep must be at least 3.5 ft (1.1m) longer than the footrope between the drop chain closest to the wing ends and the end of the sweep that attaches to the wing end. * * * * * Sec. 648.86 [Amended] 0 3. In Sec. 648.86, paragraph (d)(5) is removed. 0 4. In Sec. 648.90, paragraph (b)(5)(iii) is amended to read as follows: Sec. 648.90 NE multispecies assessment, framework procedures and specifications, and flexible area action system. * * * * * [[Page 21480]] (b) * * * (5) * * * (iii) Small-mesh multispecies in-season adjustment triggers. The small-mesh multispecies in-season accountability measure adjustment triggers are as follows: ------------------------------------------------------------------------ In-season adjustment Species trigger (percent) ------------------------------------------------------------------------ Northern Red Hake....................................... 37.9 Northern Silver Hake.................................... 90 Southern Red Hake....................................... 90 Southern Silver Hake.................................... 90 ------------------------------------------------------------------------ * * * * * [FR Doc. 2017-09393 Filed 5-8-17; 8:45 am] BILLING CODE 3510-22-P
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the EA, the implementation of the AM businesses is addressed in the January 1 through September 30, any
Timing Amendment will minimally Comments and Responses section of this additional fishing season reduction will
affect current fishing operations or final rule. No changes to this final rule be applied from October 1 forward,
activities; therefore, the Council and were made in response to public toward the end of the fishing year. If
NMFS concluded that additional comments. As a result, a final regulatory NMFS determines the ACL for a
impacts on the ecological environment flexibility analysis was not required and particular species or species group was
are not expected. The modification of none was prepared. exceeded because of enhanced data
the date of implementation of AM-based collection and monitoring efforts
List of Subjects in 50 CFR Part 622
closures is not expected to adversely instead of an increase in total catch of
affect ESA-listed species or critical Accountability measures, Annual the species or species group, NMFS will
habitat beyond those effects previously catch limits, Caribbean, Fisheries, not reduce the length of the fishing
considered in the subject FMPs and ESA Fishing. season for the applicable species or
Section 7 consultations. Dated: May 4, 2017. species group the following fishing year.
The public has had multiple Alan D. Risenhoover, Landings will be evaluated relative to
opportunities to participate in the Acting Deputy Assistant Administrator for the applicable ACL based on a moving
development of the AM Timing Regulatory Programs, National Marine multi-year average of landings, as
Amendment and to provide comments. Fisheries Service. described in the FMPs. With the
The public had the opportunity to For the reasons set out in the exceptions of Caribbean queen conch in
comment on the AM Timing preamble, 50 CFR part 622 is amended the Puerto Rico and St. Thomas/St. John
Amendment and draft EA at public as follows: management areas, goliath grouper,
hearings in November 2015 and August Nassau grouper, midnight parrotfish,
2016, and during public testimony at PART 622—FISHERIES OF THE blue parrotfish, and rainbow parrotfish,
the June 2016 and August 2016 Council CARIBBEAN, GULF OF MEXICO, AND ACLs are based on the combined
meetings, in advance of final approval SOUTH ATLANTIC Caribbean EEZ and territorial landings
by the Council. Following the Council’s for each management area. The ACLs
approval of the AM Timing ■ 1. The authority citation for part 622
continues to read as follows: specified in paragraphs (a)(1), (a)(2),
Amendment, NMFS provided the (a)(3), and (a)(4) of this section are given
opportunity for public comment on the Authority: 16 U.S.C. 1801 et seq. in round weight.
amendment through a 60-day public ■ 2. In § 622.12, revise paragraph (a)
comment period on the notice of * * * * *
introductory text to read as follows: [FR Doc. 2017–09360 Filed 5–8–17; 8:45 am]
availability (82 FR 1308, January 5,
BILLING CODE 3510–22–P
2017), and through a 30-day comment § 622.12 Annual catch limits (ACLs) and
period on the proposed rule (82 FR accountability measures (AMs) for
10326, February 10, 2017), consistent Caribbean island management areas/
Caribbean EEZ. DEPARTMENT OF COMMERCE
with the Magnuson-Stevens Act and
APA public notice and comment (a) If landings from a Caribbean island
National Oceanic and Atmospheric
requirements. management area, as specified in
Administration
Appendix E to this part, except for
Classification landings of queen conch (see
50 CFR Part 648
The Regional Administrator, § 622.491(b)), or landings from the
Southeast Region, NMFS has Caribbean EEZ for tilefish and aquarium [Docket No. 170126124–7124–01]
determined that this final rule is trade species, are estimated by the SRD
RIN 0648–BG63
consistent with the AM Timing to have exceeded the applicable ACL, as
Amendment, the FMPs, the Magnuson- specified in paragraph (a)(1) of this Magnuson-Stevens Fishery
Stevens Act, and other applicable law. section for Puerto Rico management Conservation and Management Act
This final rule has been determined to area species or species groups, Provisions; Fisheries of the
be not significant for purposes of paragraph (a)(2) of this section for St. Northeastern United States; Northern
Executive Order 12866. Croix management area species or Red Hake Accountability Measure
The Magnuson-Stevens Act provides species groups, paragraph (a)(3) of this
the statutory basis for this rule. No section for St. Thomas/St. John AGENCY: National Marine Fisheries
duplicative, overlapping, or conflicting management area species or species Service (NMFS), National Oceanic and
Federal rules have been identified. In groups, or paragraph (a)(4) of this Atmospheric Administration (NOAA),
addition, no new reporting, record- section for the Caribbean EEZ, the AA Commerce.
keeping, or other compliance will file a notification with the Office of ACTION: Final rule.
requirements are introduced by this the Federal Register, at or near the
final rule. beginning of the following fishing year, SUMMARY: This action reduces the in-
The Chief Counsel for Regulation of to reduce the length of the fishing season possession limit adjustment
the Department of Commerce certified season for the applicable species or trigger for northern red hake due to an
to the Chief Counsel for Advocacy of the species groups that year by the amount annual catch limit overage in fishing
Small Business Administration during necessary to ensure landings do not year 2015. Reduction of the trigger is a
the proposed rule stage that this rule exceed the applicable ACL. As non-discretionary action intended to
would not have a significant adverse described in the respective FMPs, for minimize the potential for catch
economic impact on a substantial each species or species group in this overages in the future. This action
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number of small entities. The factual paragraph, any required fishing season reinstates regulatory text that we
basis for this determination was reduction will be applied from inadvertently removed during a
published in the proposed rule and is September 30 backward, toward the previous rule making action. The intent
not repeated here. A public comment beginning of the fishing year. If the of this action is to inform the public of
relating to socio-economic implications length of the required fishing season this reduction in the possession limit
and potential impacts on small reduction exceeds the time period of trigger. The regulatory correction is
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fishermen would not be aware of the have negative implications on the of the headrope. The footrope must be
new reduced trigger level, which could resource and create confusion for the rigged so that it does not contact the
result in adverse impacts to fishery industry. In addition, a delay for ocean bottom while fishing.
resources and curtailed fishing additional comment would be counter (D) The raised footrope trawl may be
opportunities leading to unnecessary to the intent of the Council, which has used with or without a chain sweep. If
adverse economic impacts for fishery not requested a reconsideration of the used without a chain sweep, the drop
participants. The Council and industry need for these important specifications. chains must be a maximum of 3⁄8-inch
were informed of this necessary action For the reasons stated above, pursuant (0.95-cm) diameter bare chain and must
at recent meetings of the Council to 5 U.S.C. 553(d)(3), the Assistant be hung from the center of the footrope
(September 20, 2016), the Council’s Administrator for Fisheries, NOAA, also and each corner (the quarter, or the
Small-Mesh Multispecies Committee finds good cause to waive the 30-day junction of the bottom wing to the belly
(October 13, 2016), and at a joint delay in effectiveness of the raised at the footrope). Drop chains must be
meeting of the Council’s Small-Mesh footrope trawl regulations. hung at intervals of 8 ft (2.4 m) along the
Multispecies Plan Development Team Because prior notice and opportunity footrope from the corners to the wing
and Advisory Panel (October 6, 2016). for public comment are not required for ends. If used with a chain sweep, the
During those meetings, there was no this rule by 5 U.S.C. 553, or any other sweep must be rigged so it is behind and
indication that the Council intended to law, the analytical requirements of the below the footrope, and the footrope is
reconsider the need for this non- Regulatory Flexibility Act, 5 U.S.C. 601 off the bottom. This is accomplished by
discretionary adjustment to the et seq., do not apply. having the sweep longer than the
possession limit trigger. For the reasons This rule is not significant for the footrope and having long drop chains
stated above, pursuant to 5 U.S.C. purposes of Executive Order 12866. attaching the sweep to the footrope at
553(d)(3), the Assistant Administrator regular intervals. The forward end of the
List of Subjects in 50 CFR Part 648 sweep and footrope must be connected
for Fisheries, NOAA, also finds good
cause to waive the 30-day delay in Fisheries, Fishing, Reporting and to the bottom leg at the same point. This
effectiveness of these accountability recordkeeping requirements. attachment, in conjunction with the
measures. headrope flotation, keeps the footrope
Dated: May 4, 2017.
off the bottom. The sweep and its
As to the reinstatement of the Alan D. Risenhoover,
rigging, including drop chains, must be
regulatory text in paragraphs Acting Deputy Assistant Administrator for made entirely of bare chain with a
(a)(9)(ii)(A)–(D) in § 648.80, pursuant to Regulatory Programs, National Marine
maximum diameter of 5⁄16 inches (0.8
5 U.S.C. 553(b)(B), the Assistant Fisheries Service.
cm). No wrapping or cookies are
Administrator for Fisheries, NOAA, also For the reasons set out in the allowed on the drop chains or sweep.
finds there is good cause to waive prior preamble, 50 CFR part 648 is amended The total length of the sweep must be
notice and comment as it would be as follows: at least 7 ft (2.1 m) longer than the total
impracticable and contrary to the public length of the footrope, or 3.5 ft (1.1 m)
interest. The reinstatement of the PART 648—FISHERIES OF THE longer on each side. Drop chains must
regulatory text in paragraphs NORTHEASTERN UNITED STATES connect the footrope to the sweep chain,
(a)(9)(ii)(A)–(D) in § 648.80 is necessary and the length of each drop chain must
to ensure the proper specifications for ■ 1. The authority citation for part 648
continues to read as follows: be at least 42 inches (106.7 cm). One
the raised footrope trawl in the small- drop chain must be hung from the
mesh fishery. The extraction of the Authority: 16 U.S.C. 1801 et seq. center of the footrope to the center of
relevant text was a drafting error and the sweep, and one drop chain must be
■ 2. In § 648.80, paragraphs (a)(9)(ii)(A)
was not intended under Amendment 19, hung from each corner. The attachment
through (D) are added to read as follows:
which was the basis for the rulemaking points of each drop chain on the sweep
by which the text was inadvertently § 648.80 NE Multispecies regulated mesh and the footrope must be the same
deleted. The industry has continued to areas and restrictions on gear and methods distance from the center drop chain
comply with these specifications, which of fishing. attachments. Drop chains must be hung
constitute standard industry practice, * * * * * at intervals of 8 ft (2.4 m) from the
but the text setting forth these (a) * * * corners toward the wing ends. The
requirements is missing from the (9) * * * distance of the drop chain that is nearest
regulations. The specifications ensure (ii) * * * the wing end to the end of the footrope
that the trawl net is rigged to avoid (A) Eight-inch (20.3-cm) diameter may differ from net to net. However, the
contact with the ocean bottom to reduce floats must be attached to the entire sweep must be at least 3.5 ft (1.1m)
the bycatch of non-targeted regulated length of the headrope, with a longer than the footrope between the
species. The absence of these maximum spacing of 4 ft (122.0 cm) drop chain closest to the wing ends and
regulations may cause harm to fishery between floats. the end of the sweep that attaches to the
resources and benthic habitat and, (B) The ground gear must all be bare wing end.
therefore, should be reinstated as soon wire not larger than 1⁄2 inch (1.2 cm) for * * * * *
as practicable before the start of the the top leg, not larger than 5⁄8 inch (1.6
2017 fishing year to maintain the cm) for the bottom leg, and not larger § 648.86 [Amended]
regulations as intended in the FMP. than 3⁄4 inch (1.9 cm) for the ground ■ 3. In § 648.86, paragraph (d)(5) is
These gear requirements have cables. The top and bottom legs must be removed.
undergone the appropriate level of equal in length, with no extensions. The
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■ 4. In § 648.90, paragraph (b)(5)(iii) is
notice and comment prior to their initial total length of ground cables and legs amended to read as follows:
publication in the regulations. Delaying must not be greater than 40 fathoms (73
the re-instatement of this component of m) from the doors to wing ends. § 648.90 NE multispecies assessment,
the fishery specifications to allow for (C) The footrope must be longer than framework procedures and specifications,
notice and comment would be contrary the length of the headrope, but not more and flexible area action system.
to the public interest because it could than 20 ft (6.1 m) longer than the length * * * * *
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(b) * * * In-season * * * * *
adjustment [FR Doc. 2017–09393 Filed 5–8–17; 8:45 am]
(5) * * * Species trigger BILLING CODE 3510–22–P
(iii) Small-mesh multispecies in- (percent)
season adjustment triggers. The small-
Northern Red Hake .............. 37.9
mesh multispecies in-season
Northern Silver Hake ............ 90
accountability measure adjustment Southern Red Hake .............. 90
triggers are as follows: Southern Silver Hake ........... 90
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Document Created: 2018-11-08 08:41:46
Document Modified: 2018-11-08 08:41:46
| 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 | The rule is effective May 9, 2017. | |
| Contact | Peter Burns, Fishery Policy Analyst, phone (978) 281-9144, or [email protected] | |
| FR Citation | 82 FR 21477 | |
| RIN Number | 0648-BG63 | |
| CFR Associated | Fisheries; Fishing and Reporting and Recordkeeping Requirements |
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