83_FR_15851 83 FR 15780 - Fisheries of the Northeastern United States; 2018-2020 Small-Mesh Multispecies Specifications

83 FR 15780 - Fisheries of the Northeastern United States; 2018-2020 Small-Mesh Multispecies Specifications

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 71 (April 12, 2018)

Page Range15780-15783
FR Document2018-07536

NMFS proposes small-mesh multispecies specifications for fishing years 2018-2020 and corrects a regulatory error from a previous rulemaking action. The specifications are intended to establish allowable catch limits for each stock within the fishery to control overfishing while allowing optimum yield. This action also informs the public of the proposed fishery specifications and regulatory correction, and provides an opportunity for comment.

Federal Register, Volume 83 Issue 71 (Thursday, April 12, 2018)
[Federal Register Volume 83, Number 71 (Thursday, April 12, 2018)]
[Proposed Rules]
[Pages 15780-15783]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07536]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 180209147-8147-01]
RIN 0648-BH76


Fisheries of the Northeastern United States; 2018-2020 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: NMFS proposes small-mesh multispecies specifications for 
fishing years 2018-2020 and corrects a regulatory error from a previous 
rulemaking action. The specifications are intended to establish 
allowable catch limits for each stock within the fishery to control 
overfishing while allowing optimum yield. This action also informs the 
public of the proposed fishery specifications and regulatory 
correction, and provides an opportunity for comment.

DATES: Comments must be received by 5:00 p.m. local time, on April 27, 
2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0031, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0031,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.

--OR--

    Mail: Submit written comments to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope: 
``Comments on the Proposed Rule for Small-Mesh Multispecies 
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 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).
    A draft environmental assessment (EA) has been prepared for this 
action that describes the proposed measures and other considered 
alternatives, as well as provides an analysis of the impacts of the 
proposed measures and alternatives. Copies of the specifications 
document, including the EA and the Initial Regulatory Flexibility 
Analysis (IRFA), are available on request from Thomas A. Nies, 
Executive Director, New England Fishery Management Council, 50 Water 
Street, Newburyport, MA 01950. These documents are also accessible via 
the internet at www.nefmc.org.

FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management 
Specialist, (978) 281-9180.

SUPPLEMENTARY INFORMATION: 

Background

    The New England Fishery Management Council manages the small-mesh 
multispecies fishery within the Northeast Multispecies Fishery 
Management Plan (FMP). The small-mesh multispecies fishery is composed 
of five stocks of three species of hakes: Northern silver hake, 
southern silver hake, northern red hake, southern red hake, and 
offshore hake. Southern silver hake and offshore hake are often grouped 
together and collectively referred to as ``southern whiting.'' The 
small-mesh multispecies fishery is managed separately from the 
groundfish fishery because it is conducted with much smaller mesh, and 
does not generally result in the catch of regulated groundfish species 
like cod and haddock. Amendment 19 to the FMP (April 4, 2013; 78 FR 
20260) established the process and framework for setting catch 
specifications for the small-mesh fishery. The FMP requires that catch 
and landing limits for the small-mesh multispecies fishery be 
established through the specifications process on an annual basis for 
up to three years at a time.
    The Whiting Plan Development Team (PDT) met in July 2017 to review 
the latest Stock Assessment and Fishery Evaluation (SAFE) report for 
the small-mesh multispecies fishery. This assessment update indicated 
that, in general, small-mesh multispecies stocks (whiting and hake) are 
increasing in the north and decreasing in the south. The Council's 
Scientific and Statistical Committee (SSC) conducted a final review of 
the PDT's recommended specifications and the SAFE report at their 
October 2017 meeting. On December 7, 2017, the Council approved the 
final recommended 2018-2020 catch limit specifications for the small-
mesh multispecies fishery.
    During development of these specifications, NMFS identified an 
error in the small-mesh multispecies regulations. In a previous action 
(80 FR 30379; May 28, 2015), we approved a Council-recommended 
reduction in the northern red hake possession limit from 5,000 lb 
(2,268 kg) to 3,000 lb (1,361 kg). However, when we drafted the rule 
implementing this change, we did not clarify that the possession limit 
for southern red hake remained unchanged at 5,000 lb (2,268 kg). In 
addition to setting new specifications for the whiting fishery for 2018 
and projecting specifications for 2019 and 2020, this action would 
correct the error, and clarify the red hake possession limits in the 
regulations.
    The recommended specifications would adjust the overfishing limit 
(OFL), allowable biological catch (ABC), annual catch limit (ACL), and 
total allowable landings (TAL) for the four main stocks in the small-
mesh multispecies fishery (Table 1). These adjustments are based on 
Council recommendations, and account for the changes in stock biomass 
shown in the latest stock assessment update from 2017. The 
specification limits are intended to provide for sustainable yield and 
keep the risk of overfishing at acceptable levels as defined by the 
Council and its SSC.

Proposed Specifications

    This action proposes the Council's recommended specifications for 
the

[[Page 15781]]

2018-2020 small-mesh multispecies fishery, which are consistent with 
the catch and landings limits recommended by the PDT and SSC. A summary 
of the proposed specifications is shown below in Table 1.

     Table 1--Summary of Proposed Small-Mesh Multispecies Specifications for Fishing Years 2018-2020, With Percent Change From 2017, in Metric Tons
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                OFL             ABC             ACL       Percent change        TAL       Percent change
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northern Silver Hake....................................          58,350          31,030          29,475             +27          26,604             +33
Northern Red Hake.......................................             840             721             685             +45             274            +128
Southern Whiting........................................          31,180          19,395          18,425             -35          14,465             -39
Southern Red Hake.......................................           1,150           1,060           1,007             -38             305             -59
--------------------------------------------------------------------------------------------------------------------------------------------------------

    These proposed specifications represent increases in the catch 
limits of the northern stocks, and decreases in the catch limits of the 
southern stocks. These changes are unlikely to have a significant 
impact because generally the small-mesh multispecies fishery harvests 
less than 50 percent of any given TAL each year; except in the case of 
northern red hake. In the southern fishery, southern red hake landings 
have approached 50 percent of the TAL, while southern whiting landings 
have not exceeded 20 percent of the TAL in the last five years. The 
northern fishery is usually limited by the northern red hake stock, 
which has achieved or exceeded the TAL, triggering inseason 
accountability measures (AM) to reduce the possession limit, each year 
for the past several years. These restrictions often prevent the 
northern silver hake landings from reaching much higher than 30 percent 
of the TAL because of the geographic overlap of the two species and 
similar fishing practices used. The proposed increase to the northern 
stocks catch limits, based on evidence in the SAFE report that 
populations of northern silver hake and northern red hake have 
increased, may have a positive impact on the fishery by delaying the 
need for inseason AMs, avoiding unnecessary discards, and allowing 
better utilization of the increase in biomass of both stocks.
    The 2017 stock assessment update showed that the risk of 
overfishing in the northern stocks is relatively low. Therefore, the 
increase in ACL and TAL should not negatively affect the northern 
stocks. However, the update did show that southern red hake is 
overfished and overfishing is occurring, and while southern whiting is 
not overfished, the stock is declining. The Council was notified of the 
overfished status of southern red hake at their meeting in Gloucester, 
MA on September 26, 2017, and will begin development of a rebuilding 
program within the next couple of years. The decrease in southern ACLs 
is intended to end overfishing. Because recruitment data is conflicting 
in recent years, the Council is suggesting a full benchmark assessment 
to re-evaluate southern red hake status before initiating the 
rebuilding process. The next benchmark assessment for small-mesh 
multispecies is scheduled for 2019. All other management measures in 
the small-mesh multispecies fishery (such as possession limits) will 
remain unchanged. If approved, these specifications would remain 
effective for fishing years 2018-2020 unless otherwise revised during 
that time.

Regulatory Correction

    This action also proposes to correct regulatory text that specifies 
the red hake possession limits in the southern small mesh exemption 
areas (Southern New England and Mid-Atlantic Exemption Areas). In the 
2015-2017 specifications for the small-mesh multispecies fishery (May 
28, 2015; 80 FR 30379), the possession limit for red hake in the 
northern exemption areas was reduced from 5,000 lb (2,268 kg) to 3,000 
lb (1,361 kg), but did not specify that the possession limit in the 
southern areas would remain 5,000 lb (2,268 kg). The Council never 
intended to change the possession limit for the southern red hake 
fishery. This action would modify the text in the regulations, 
consistent with the Council's intent, to specify that the northern red 
hake possession limit is 3,000 lb (1,361 kg), and the southern red hake 
possession limit remains 5,000 lb (2,268 kg). This minor modification 
would reduce confusion in the industry, as it clarifies the difference 
in red hake possession limits between the northern and southern 
exemption areas, as originally intended by the Council.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
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 proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Council prepared a draft EA for this action that analyzes the 
impacts of this proposed rule. The EA includes an IRFA, as required by 
section 603 of the Regulatory Flexibility Act (RFA), which is 
supplemented by information contained in the preamble of this proposed 
rule. The IRFA was prepared to examine the economic impacts of this 
proposed rule, if adopted, on small business entities. A description of 
the specifications, why they are being considered, and the legal basis 
for this action are contained at the beginning of this section and in 
the preamble to this proposed rule. A copy of the detailed RFA analysis 
is available from the Council (see ADDRESSES). A summary of the 2018-
2020 small-mesh multispecies specifications IRFA analysis follows.

Description of the Reasons Why Action by the Agency Is Being Considered

    This action proposes catch limits and fishery specifications for 
the 2018-2020 small-mesh multispecies fishery. The measures are 
consistent with the best scientific information available, and the most 
recent catch limit recommendations of the Council's SSC to prevent 
overfishing, as well as achieve sustainable yield in the fishery. This 
action also clarifies regulatory text to specify the red hake 
possession limits for the northern and southern stocks.

Statement of the Objectives of, and Legal Basis for, This Proposed Rule

    The legal basis and objectives for this action are contained in the 
preamble to this proposed rule, and are not repeated here.

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

    This proposed rule affects commercial fish harvesting entities 
engaged in the northeast multispecies limited access

[[Page 15782]]

fishery and the small-mesh multispecies fishery. For the purposes of 
the RFA analysis, the ownership entities (or firms), not the individual 
vessels, are considered to be the regulated entities. Ownership 
entities are defined as those entities or firms with common ownership 
personnel as listed on the permit application. Because of this, some 
vessels with northeast multispecies permits may be considered to be 
part of the same firm because they may have the same owners. The North 
American Industry Classification System (NAICS) is the standard used by 
Federal statistical agencies in classifying business establishments for 
the purpose of collecting, analyzing, and publishing statistical data 
related to the U.S. business economy. In terms of RFA, a business 
primarily engaged in commercial fishing activity is classified as a 
small business if it has combined annual gross receipts not in excess 
of $11 million (NAICS 11411) for all its affiliated operations 
worldwide. To identify these small and large firms, vessel ownership 
data from the permit database were grouped according to common owners 
and sorted by size. The current ownership data set used for this 
analysis is based on calendar year 2016 (the most recent complete year 
available) and contains average gross sales associated with those 
permits for calendar years 2014 through 2016.
    The small-mesh exempted fishery allows vessels to harvest species 
in designated areas using mesh sizes smaller than the minimum mesh size 
required by Regulated Mesh Area (RMA) regulations. To participate in 
the small-mesh multispecies exempted fishery, vessels must possess 
either a limited access multispecies permit (categories A, C, D, E or 
F) or an open access multispecies permit (category K). Limited access 
multispecies permit holders can target small-mesh multispecies with 
different possession limit requirements depending on fishing region and 
mesh size used, and open access, Category K permit holders may fish for 
small-mesh multispecies when participating in an exempted fishing 
program. Therefore, entities holding one or more multispecies permits 
(permit type A, C-F, K) are the entities that have the potential to be 
directly impacted by this action. According to the commercial database, 
there were 853 distinct ownership entities, based on entities' 
participation during the 2014-2016 time-period, that could potentially 
target small-mesh multispecies. This includes entities that could not 
be classified into a business type because they did not earn revenue 
from landing and selling fish in 2014-2016 and thus are considered to 
be small. Of the 853 total firms, 844 are categorized as small business 
entities and nine are categorized as large business.
    While 853 commercial entities have the potential to be impacted by 
the proposed action, not all of these entities actively land small-mesh 
multispecies for commercial sale. Therefore, not all 853 entities may 
be directly affected by the proposed action. There are 406 distinct 
entities that commercially sold small-mesh multispecies from 2014-2016 
and may be directly affected by the proposed action. Of those, 404 
(over 99 percent) are categorized as small business.

Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements of This Proposed Rule

    There are no new reporting, recordkeeping, or other compliance 
requirements contained in this proposed rule, or any of the 
alternatives considered for this action.

Federal Rules Which May Duplicate, Overlap, or Conflict With This 
Proposed Rule

    NMFS is not aware of any relevant Federal rules that may duplicate, 
overlap, or conflict with this proposed rule.

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statutes and Which 
Minimize Any Significant Economic Impact on Small Entities

    This action (the preferred alternative) proposes 2018-2020 
commercial catch specifications for the small-mesh multispecies fishery 
based on the most recent stock assessment update, which would increase 
the ACLs and TALs for the northern stocks of red and silver hake, and 
decrease the ACLs and TALs of southern red hake and whiting. The 
Council also considered a No Action alternative, where the same catch 
limits and specifications from 2017 would continue into 2018 with no 
change. Only these two alternatives are considered significant because 
in order to be considered, alternatives must be recommended by the 
Council and satisfy Magnuson-Stevens Act requirements. These 
alternatives were the only two that met these qualifications.
    While catch limits for the southern stocks are more restrictive in 
the preferred alternative, they will not necessarily have a negative 
impact. Landings of both southern whiting and southern red hake in 2016 
were well below the respective 2016 TALs, and southern whiting landings 
in 2016 were well below the proposed 2018-2020 preferred 
specifications. Based on 2016 landings, southern red hake landings 
would likely exceed the proposed TAL, but only by a very small amount. 
Therefore, we expect the proposed action to have minimal economic 
impact in the southern region compared to the no action alternative.
    For the northern stocks, the proposed action is less restrictive 
than the no action alternatives and raises the TAL by 33 percent for 
silver hake and 128 percent for red hake. This is expected to have no 
impact or low positive impacts on profit relative to the TAL under the 
no action alternative, depending on availability and market conditions.
    The Council recommended these proposed specifications (preferred 
alternative) over the no action alternative to satisfy the Magnuson-
Stevens Act requirements to end overfishing, while allowing the 
greatest opportunity to achieve sustainable yield. This also increases 
the likelihood that the fishery will remain a viable source of fishing 
revenues for small-mesh multispecies entities in the long term, and 
makes it the better economic choice. Overall, we expect the proposed 
action to have no impact or slight positive impacts compared to the no-
action alternative.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 6, 2018.
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 
proposed to be 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, revise the introductory text of paragraphs of 
(d)(1)(i), (d)(1)(ii), and (d)(1)(iii), and add paragraph (d)(1)(v) 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

[[Page 15783]]

vessel may possess and land 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 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 
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. Sec.  
648.80(b)(10) and 648.80(c)(5), respectively, if both of the following 
conditions apply:
* * * * *
    (v) Possession limits for red hake. Vessels participating in the 
small-mesh multispecies fishery consistent with Sec.  648.86(d)(1), may 
possess and land not more than 3,000 lb (1,361 kg) of red hake when 
fishing in the Gulf of Maine or Georges Bank Exemption areas, as 
described in Sec.  648.80(a), and not more than 5,000 lb (2,268 kg) of 
red hake when fishing in the Southern New England or Mid-Atlantic 
Exemption Areas, as described in Sec. Sec.  648.80(b)(10) and 
648.80(c)(5), respectively.
* * * * *
[FR Doc. 2018-07536 Filed 4-11-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                  15780                    Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

                                                  PART 17—ENDANGERED AND                                     2. Click the ‘‘Comment Now!’’ icon,                 generally result in the catch of regulated
                                                  THREATENED WILDLIFE AND PLANTS                          complete the required fields, and                      groundfish species like cod and
                                                                                                             3. Enter or attach your comments.                   haddock. Amendment 19 to the FMP
                                                  ■ 1. The authority citation for part 17                 —OR—                                                   (April 4, 2013; 78 FR 20260) established
                                                  continues to read as follows:                              Mail: Submit written comments to                    the process and framework for setting
                                                    Authority: 16 U.S.C. 1361–1407; 1531–                 Michael Pentony, Regional                              catch specifications for the small-mesh
                                                  1544; 4201–4245, unless otherwise noted.                Administrator, National Marine                         fishery. The FMP requires that catch
                                                                                                          Fisheries Service, 55 Great Republic                   and landing limits for the small-mesh
                                                  § 17.11   [Amended]                                                                                            multispecies fishery be established
                                                                                                          Drive, Gloucester, MA 01930. Mark the
                                                  ■ 2. Amend § 17.11(h) by removing the                   outside of the envelope: ‘‘Comments on                 through the specifications process on an
                                                  entry ‘‘Warbler (wood), Kirtland’s’’                    the Proposed Rule for Small-Mesh                       annual basis for up to three years at a
                                                  under ‘‘BIRDS’’ from the List of                        Multispecies Specifications.’’                         time.
                                                  Endangered and Threatened Wildlife.                        Instructions: Comments sent by any                     The Whiting Plan Development Team
                                                    Dated: March 8, 2018.                                 other method, to any other address or                  (PDT) met in July 2017 to review the
                                                                                                          individual, or received after the end of               latest Stock Assessment and Fishery
                                                  James W. Kurth,
                                                                                                          the comment period, may not be                         Evaluation (SAFE) report for the small-
                                                  Deputy Director, U.S. Fish and Wildlife                                                                        mesh multispecies fishery. This
                                                  Service, Exercising the Authority of the                considered by NMFS. All comments
                                                  Director, U.S. Fish and Wildlife Service.               received are part of the public record                 assessment update indicated that, in
                                                                                                          and will generally be posted for public                general, small-mesh multispecies stocks
                                                  [FR Doc. 2018–06864 Filed 4–11–18; 8:45 am]
                                                                                                          viewing on www.regulations.gov                         (whiting and hake) are increasing in the
                                                  BILLING CODE 4333–15–P
                                                                                                          without change. All personal identifying               north and decreasing in the south. The
                                                                                                          information (e.g., name, address, etc.),               Council’s Scientific and Statistical
                                                                                                          confidential business information, or                  Committee (SSC) conducted a final
                                                  DEPARTMENT OF COMMERCE                                  otherwise sensitive information                        review of the PDT’s recommended
                                                                                                          submitted voluntarily by the sender will               specifications and the SAFE report at
                                                  National Oceanic and Atmospheric                                                                               their October 2017 meeting. On
                                                  Administration                                          be publicly accessible. NMFS will
                                                                                                          accept anonymous comments (enter                       December 7, 2017, the Council approved
                                                                                                          ‘‘N/A’’ in the required fields if you wish             the final recommended 2018–2020 catch
                                                  50 CFR Part 648                                                                                                limit specifications for the small-mesh
                                                                                                          to remain anonymous).
                                                  [Docket No. 180209147–8147–01]                             A draft environmental assessment                    multispecies fishery.
                                                                                                          (EA) has been prepared for this action                    During development of these
                                                  RIN 0648–BH76
                                                                                                          that describes the proposed measures                   specifications, NMFS identified an error
                                                                                                          and other considered alternatives, as                  in the small-mesh multispecies
                                                  Fisheries of the Northeastern United                                                                           regulations. In a previous action (80 FR
                                                  States; 2018–2020 Small-Mesh                            well as provides an analysis of the
                                                                                                          impacts of the proposed measures and                   30379; May 28, 2015), we approved a
                                                  Multispecies Specifications                                                                                    Council-recommended reduction in the
                                                                                                          alternatives. Copies of the specifications
                                                  AGENCY:  National Marine Fisheries                                                                             northern red hake possession limit from
                                                                                                          document, including the EA and the
                                                  Service (NMFS), National Oceanic and                                                                           5,000 lb (2,268 kg) to 3,000 lb (1,361 kg).
                                                                                                          Initial Regulatory Flexibility Analysis
                                                  Atmospheric Administration (NOAA),                                                                             However, when we drafted the rule
                                                                                                          (IRFA), are available on request from
                                                  Commerce.                                                                                                      implementing this change, we did not
                                                                                                          Thomas A. Nies, Executive Director,
                                                                                                                                                                 clarify that the possession limit for
                                                  ACTION: Proposed rule; request for                      New England Fishery Management
                                                                                                                                                                 southern red hake remained unchanged
                                                  comments.                                               Council, 50 Water Street, Newburyport,
                                                                                                                                                                 at 5,000 lb (2,268 kg). In addition to
                                                                                                          MA 01950. These documents are also
                                                  SUMMARY:    NMFS proposes small-mesh                                                                           setting new specifications for the
                                                                                                          accessible via the internet at
                                                  multispecies specifications for fishing                                                                        whiting fishery for 2018 and projecting
                                                                                                          www.nefmc.org.
                                                  years 2018–2020 and corrects a                                                                                 specifications for 2019 and 2020, this
                                                                                                          FOR FURTHER INFORMATION CONTACT:                       action would correct the error, and
                                                  regulatory error from a previous
                                                                                                          Cynthia Hanson, Fishery Management                     clarify the red hake possession limits in
                                                  rulemaking action. The specifications
                                                                                                          Specialist, (978) 281–9180.                            the regulations.
                                                  are intended to establish allowable
                                                  catch limits for each stock within the                  SUPPLEMENTARY INFORMATION:                                The recommended specifications
                                                  fishery to control overfishing while                                                                           would adjust the overfishing limit
                                                                                                          Background
                                                  allowing optimum yield. This action                                                                            (OFL), allowable biological catch (ABC),
                                                                                                             The New England Fishery                             annual catch limit (ACL), and total
                                                  also informs the public of the proposed                 Management Council manages the
                                                  fishery specifications and regulatory                                                                          allowable landings (TAL) for the four
                                                                                                          small-mesh multispecies fishery within                 main stocks in the small-mesh
                                                  correction, and provides an opportunity                 the Northeast Multispecies Fishery
                                                  for comment.                                                                                                   multispecies fishery (Table 1). These
                                                                                                          Management Plan (FMP). The small-                      adjustments are based on Council
                                                  DATES: Comments must be received by                     mesh multispecies fishery is composed                  recommendations, and account for the
                                                  5:00 p.m. local time, on April 27, 2018.                of five stocks of three species of hakes:              changes in stock biomass shown in the
                                                  ADDRESSES: You may submit comments                      Northern silver hake, southern silver                  latest stock assessment update from
                                                  on this document, identified by NOAA–                   hake, northern red hake, southern red
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                                                                                 2017. The specification limits are
                                                  NMFS–2018–0031, by either of the                        hake, and offshore hake. Southern silver               intended to provide for sustainable
                                                  following methods:                                      hake and offshore hake are often                       yield and keep the risk of overfishing at
                                                     Electronic Submission: Submit all                    grouped together and collectively                      acceptable levels as defined by the
                                                  electronic public comments via the                      referred to as ‘‘southern whiting.’’ The               Council and its SSC.
                                                  Federal e-Rulemaking Portal.                            small-mesh multispecies fishery is
                                                     1. Go to www.regulations.gov/                        managed separately from the groundfish                 Proposed Specifications
                                                  #!docketDetail;D=NOAA-NMFS-2018-                        fishery because it is conducted with                     This action proposes the Council’s
                                                  0031,                                                   much smaller mesh, and does not                        recommended specifications for the


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                                                                              Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules                                              15781

                                                  2018–2020 small-mesh multispecies                             catch and landings limits recommended                   proposed specifications is shown below
                                                  fishery, which are consistent with the                        by the PDT and SSC. A summary of the                    in Table 1.

                                                   TABLE 1—SUMMARY OF PROPOSED SMALL-MESH MULTISPECIES SPECIFICATIONS FOR FISHING YEARS 2018–2020, WITH
                                                                               PERCENT CHANGE FROM 2017, IN METRIC TONS
                                                                                                                                                                        Percent                         Percent
                                                                                                                OFL                  ABC                  ACL                             TAL
                                                                                                                                                                        change                          change

                                                  Northern Silver Hake ...............................                58,350            31,030              29,475              +27         26,604            +33
                                                  Northern Red Hake ..................................                   840               721                 685              +45            274           +128
                                                  Southern Whiting .....................................              31,180            19,395              18,425              ¥35         14,465           ¥39
                                                  Southern Red Hake .................................                  1,150             1,060               1,007              ¥38            305           ¥59



                                                     These proposed specifications                              data is conflicting in recent years, the                Act, and other applicable law, subject to
                                                  represent increases in the catch limits of                    Council is suggesting a full benchmark                  further consideration after public
                                                  the northern stocks, and decreases in                         assessment to re-evaluate southern red                  comment.
                                                  the catch limits of the southern stocks.                      hake status before initiating the                          This proposed rule has been
                                                  These changes are unlikely to have a                          rebuilding process. The next benchmark                  determined to be not significant for
                                                  significant impact because generally the                      assessment for small-mesh multispecies                  purposes of Executive Order 12866.
                                                  small-mesh multispecies fishery                               is scheduled for 2019. All other                           The Council prepared a draft EA for
                                                  harvests less than 50 percent of any                          management measures in the small-                       this action that analyzes the impacts of
                                                  given TAL each year; except in the case                       mesh multispecies fishery (such as                      this proposed rule. The EA includes an
                                                  of northern red hake. In the southern                         possession limits) will remain                          IRFA, as required by section 603 of the
                                                  fishery, southern red hake landings have                      unchanged. If approved, these                           Regulatory Flexibility Act (RFA), which
                                                  approached 50 percent of the TAL,                             specifications would remain effective                   is supplemented by information
                                                  while southern whiting landings have                          for fishing years 2018–2020 unless                      contained in the preamble of this
                                                  not exceeded 20 percent of the TAL in                         otherwise revised during that time.                     proposed rule. The IRFA was prepared
                                                  the last five years. The northern fishery                                                                             to examine the economic impacts of this
                                                                                                                Regulatory Correction                                   proposed rule, if adopted, on small
                                                  is usually limited by the northern red
                                                  hake stock, which has achieved or                                This action also proposes to correct                 business entities. A description of the
                                                  exceeded the TAL, triggering inseason                         regulatory text that specifies the red                  specifications, why they are being
                                                  accountability measures (AM) to reduce                        hake possession limits in the southern                  considered, and the legal basis for this
                                                  the possession limit, each year for the                       small mesh exemption areas (Southern                    action are contained at the beginning of
                                                  past several years. These restrictions                        New England and Mid-Atlantic                            this section and in the preamble to this
                                                  often prevent the northern silver hake                        Exemption Areas). In the 2015–2017                      proposed rule. A copy of the detailed
                                                  landings from reaching much higher                            specifications for the small-mesh                       RFA analysis is available from the
                                                  than 30 percent of the TAL because of                         multispecies fishery (May 28, 2015; 80                  Council (see ADDRESSES). A summary of
                                                  the geographic overlap of the two                             FR 30379), the possession limit for red                 the 2018–2020 small-mesh multispecies
                                                  species and similar fishing practices                         hake in the northern exemption areas                    specifications IRFA analysis follows.
                                                  used. The proposed increase to the                            was reduced from 5,000 lb (2,268 kg) to                 Description of the Reasons Why Action
                                                  northern stocks catch limits, based on                        3,000 lb (1,361 kg), but did not specify                by the Agency Is Being Considered
                                                  evidence in the SAFE report that                              that the possession limit in the southern
                                                                                                                                                                           This action proposes catch limits and
                                                  populations of northern silver hake and                       areas would remain 5,000 lb (2,268 kg).
                                                                                                                                                                        fishery specifications for the 2018–2020
                                                  northern red hake have increased, may                         The Council never intended to change                    small-mesh multispecies fishery. The
                                                  have a positive impact on the fishery by                      the possession limit for the southern red               measures are consistent with the best
                                                  delaying the need for inseason AMs,                           hake fishery. This action would modify                  scientific information available, and the
                                                  avoiding unnecessary discards, and                            the text in the regulations, consistent                 most recent catch limit
                                                  allowing better utilization of the                            with the Council’s intent, to specify that              recommendations of the Council’s SSC
                                                  increase in biomass of both stocks.                           the northern red hake possession limit                  to prevent overfishing, as well as
                                                     The 2017 stock assessment update                           is 3,000 lb (1,361 kg), and the southern                achieve sustainable yield in the fishery.
                                                  showed that the risk of overfishing in                        red hake possession limit remains 5,000                 This action also clarifies regulatory text
                                                  the northern stocks is relatively low.                        lb (2,268 kg). This minor modification                  to specify the red hake possession limits
                                                  Therefore, the increase in ACL and TAL                        would reduce confusion in the industry,                 for the northern and southern stocks.
                                                  should not negatively affect the                              as it clarifies the difference in red hake
                                                  northern stocks. However, the update                          possession limits between the northern                  Statement of the Objectives of, and
                                                  did show that southern red hake is                            and southern exemption areas, as                        Legal Basis for, This Proposed Rule
                                                  overfished and overfishing is occurring,                      originally intended by the Council.                       The legal basis and objectives for this
                                                  and while southern whiting is not                                                                                     action are contained in the preamble to
                                                  overfished, the stock is declining. The                       Classification
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                                                                                                                                                                        this proposed rule, and are not repeated
                                                  Council was notified of the overfished                          Pursuant to section 304(b)(1)(A) of the               here.
                                                  status of southern red hake at their                          Magnuson Stevens Fishery Conservation
                                                  meeting in Gloucester, MA on                                  and Management Act (Magnuson-                           Description and Estimate of the Number
                                                  September 26, 2017, and will begin                            Stevens Act), the NMFS Assistant                        of Small Entities to Which This
                                                  development of a rebuilding program                           Administrator has determined that this                  Proposed Rule Would Apply
                                                  within the next couple of years. The                          proposed rule is consistent with the                       This proposed rule affects commercial
                                                  decrease in southern ACLs is intended                         Northeast Multispecies FMP, other                       fish harvesting entities engaged in the
                                                  to end overfishing. Because recruitment                       provisions of the Magnuson-Stevens                      northeast multispecies limited access


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                                                  15782                   Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules

                                                  fishery and the small-mesh multispecies                 and selling fish in 2014–2016 and thus                 below the respective 2016 TALs, and
                                                  fishery. For the purposes of the RFA                    are considered to be small. Of the 853                 southern whiting landings in 2016 were
                                                  analysis, the ownership entities (or                    total firms, 844 are categorized as small              well below the proposed 2018–2020
                                                  firms), not the individual vessels, are                 business entities and nine are                         preferred specifications. Based on 2016
                                                  considered to be the regulated entities.                categorized as large business.                         landings, southern red hake landings
                                                  Ownership entities are defined as those                   While 853 commercial entities have                   would likely exceed the proposed TAL,
                                                  entities or firms with common                           the potential to be impacted by the                    but only by a very small amount.
                                                  ownership personnel as listed on the                    proposed action, not all of these entities             Therefore, we expect the proposed
                                                  permit application. Because of this,                    actively land small-mesh multispecies                  action to have minimal economic
                                                  some vessels with northeast                             for commercial sale. Therefore, not all                impact in the southern region compared
                                                  multispecies permits may be considered                  853 entities may be directly affected by               to the no action alternative.
                                                  to be part of the same firm because they                the proposed action. There are 406                        For the northern stocks, the proposed
                                                  may have the same owners. The North                     distinct entities that commercially sold               action is less restrictive than the no
                                                  American Industry Classification                        small-mesh multispecies from 2014–                     action alternatives and raises the TAL
                                                  System (NAICS) is the standard used by                  2016 and may be directly affected by the               by 33 percent for silver hake and 128
                                                  Federal statistical agencies in classifying             proposed action. Of those, 404 (over 99                percent for red hake. This is expected to
                                                  business establishments for the purpose                 percent) are categorized as small                      have no impact or low positive impacts
                                                  of collecting, analyzing, and publishing                business.                                              on profit relative to the TAL under the
                                                  statistical data related to the U.S.                    Description of the Projected Reporting,                no action alternative, depending on
                                                  business economy. In terms of RFA, a                    Recordkeeping, and Other Compliance                    availability and market conditions.
                                                  business primarily engaged in                                                                                     The Council recommended these
                                                                                                          Requirements of This Proposed Rule
                                                  commercial fishing activity is classified                                                                      proposed specifications (preferred
                                                  as a small business if it has combined                    There are no new reporting,                          alternative) over the no action
                                                  annual gross receipts not in excess of                  recordkeeping, or other compliance                     alternative to satisfy the Magnuson-
                                                  $11 million (NAICS 11411) for all its                   requirements contained in this proposed                Stevens Act requirements to end
                                                  affiliated operations worldwide. To                     rule, or any of the alternatives                       overfishing, while allowing the greatest
                                                  identify these small and large firms,                   considered for this action.                            opportunity to achieve sustainable
                                                  vessel ownership data from the permit                   Federal Rules Which May Duplicate,                     yield. This also increases the likelihood
                                                  database were grouped according to                      Overlap, or Conflict With This Proposed                that the fishery will remain a viable
                                                  common owners and sorted by size. The                   Rule                                                   source of fishing revenues for small-
                                                  current ownership data set used for this                                                                       mesh multispecies entities in the long
                                                                                                            NMFS is not aware of any relevant                    term, and makes it the better economic
                                                  analysis is based on calendar year 2016
                                                                                                          Federal rules that may duplicate,                      choice. Overall, we expect the proposed
                                                  (the most recent complete year
                                                                                                          overlap, or conflict with this proposed                action to have no impact or slight
                                                  available) and contains average gross
                                                                                                          rule.                                                  positive impacts compared to the no-
                                                  sales associated with those permits for
                                                  calendar years 2014 through 2016.                       Description of Significant Alternatives                action alternative.
                                                     The small-mesh exempted fishery                      to the Proposed Action Which                           List of Subjects in 50 CFR Part 648
                                                  allows vessels to harvest species in                    Accomplish the Stated Objectives of
                                                                                                          Applicable Statutes and Which                            Fisheries, Fishing, Reporting and
                                                  designated areas using mesh sizes
                                                                                                          Minimize Any Significant Economic                      recordkeeping requirements.
                                                  smaller than the minimum mesh size
                                                  required by Regulated Mesh Area (RMA)                   Impact on Small Entities                                 Dated: April 6, 2018.
                                                  regulations. To participate in the small-                  This action (the preferred alternative)             Samuel D. Rauch III,
                                                  mesh multispecies exempted fishery,                     proposes 2018–2020 commercial catch                    Deputy Assistant Administrator for
                                                  vessels must possess either a limited                   specifications for the small-mesh                      Regulatory Programs, National Marine
                                                  access multispecies permit (categories                  multispecies fishery based on the most                 Fisheries Service.
                                                  A, C, D, E or F) or an open access                      recent stock assessment update, which                    For the reasons set out in the
                                                  multispecies permit (category K).                       would increase the ACLs and TALs for                   preamble, 50 CFR part 648 is proposed
                                                  Limited access multispecies permit                      the northern stocks of red and silver                  to be amended as follows:
                                                  holders can target small-mesh                           hake, and decrease the ACLs and TALs
                                                  multispecies with different possession                  of southern red hake and whiting. The                  PART 648—FISHERIES OF THE
                                                  limit requirements depending on fishing                 Council also considered a No Action                    NORTHEASTERN UNITED STATES
                                                  region and mesh size used, and open                     alternative, where the same catch limits
                                                  access, Category K permit holders may                   and specifications from 2017 would                     ■ 1. The authority citation for part 648
                                                  fish for small-mesh multispecies when                   continue into 2018 with no change.                     continues to read as follows:
                                                  participating in an exempted fishing                    Only these two alternatives are                            Authority: 16 U.S.C. 1801 et seq.
                                                  program. Therefore, entities holding one                considered significant because in order                ■ 2. In § 648.86, revise the introductory
                                                  or more multispecies permits (permit                    to be considered, alternatives must be                 text of paragraphs of (d)(1)(i), (d)(1)(ii),
                                                  type A, C–F, K) are the entities that have              recommended by the Council and                         and (d)(1)(iii), and add paragraph
                                                  the potential to be directly impacted by                satisfy Magnuson-Stevens Act                           (d)(1)(v) to read as follows:
                                                  this action. According to the                           requirements. These alternatives were
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                                                  commercial database, there were 853                     the only two that met these                            § 648.86 NE Multispecies possession
                                                  distinct ownership entities, based on                   qualifications.                                        restrictions.
                                                  entities’ participation during the 2014–                   While catch limits for the southern                 *     *     *    *     *
                                                  2016 time-period, that could potentially                stocks are more restrictive in the                       (d) * * *
                                                  target small-mesh multispecies. This                    preferred alternative, they will not                     (1) * * *
                                                  includes entities that could not be                     necessarily have a negative impact.                      (i) Vessels possessing on board or
                                                  classified into a business type because                 Landings of both southern whiting and                  using nets of mesh size smaller than 2.5
                                                  they did not earn revenue from landing                  southern red hake in 2016 were well                    in (6.35 cm). Owners or operators of a


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                                                                          Federal Register / Vol. 83, No. 71 / Thursday, April 12, 2018 / Proposed Rules                                                 15783

                                                  vessel may possess and land not more                    greater than 3 in (7.62 cm). An owner                    (v) Possession limits for red hake.
                                                  than 3,500 lb (1,588 kg) of combined                    or operator of a vessel that is not subject            Vessels participating in the small-mesh
                                                  silver hake and offshore hake, if either                to the possession limits specified in                  multispecies fishery consistent with
                                                  of the following conditions apply:                      paragraphs (d)(1)(i) and (ii) of this                  § 648.86(d)(1), may possess and land not
                                                  *       *    *     *    *                               section may possess and land not more                  more than 3,000 lb (1,361 kg) of red
                                                     (ii) Vessels possessing on board or                  than 30,000 lb (13,608 kg) of combined                 hake when fishing in the Gulf of Maine
                                                  using nets of mesh size equal to or                     silver hake and offshore hake when                     or Georges Bank Exemption areas, as
                                                  greater than 2.5 in (6.35 cm) but less                  fishing in the Gulf of Maine or Georges                described in § 648.80(a), and not more
                                                  than 3 in (7.62 cm). An owner or                        Bank Exemption Areas, as described in                  than 5,000 lb (2,268 kg) of red hake
                                                  operator of a vessel that is not subject                § 648.80(a), and not more than 40,000 lb               when fishing in the Southern New
                                                  to the possession limit specified in                    (18,144 kg) of combined silver hake and                England or Mid-Atlantic Exemption
                                                  paragraph (d)(1)(i) of this section may                 offshore hake when fishing in the                      Areas, as described in §§ 648.80(b)(10)
                                                  possess and land not more than 7,500 lb
                                                                                                          Southern New England or Mid-Atlantic                   and 648.80(c)(5), respectively.
                                                  (3,402 kg) of combined silver hake and
                                                                                                          Exemption Areas, as described in                       *     *    *     *     *
                                                  offshore hake if either of the following
                                                  conditions apply:                                       §§ 648.80(b)(10) and 648.80(c)(5),                     [FR Doc. 2018–07536 Filed 4–11–18; 8:45 am]
                                                                                                          respectively, if both of the following                 BILLING CODE 3510–22–P
                                                  *       *    *     *    *
                                                                                                          conditions apply:
                                                     (iii) Vessels possessing on board or
                                                  using nets of mesh size equal to or                     *     *     *     *     *
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Document Created: 2018-11-02 08:14:31
Document Modified: 2018-11-02 08:14:31
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesComments must be received by 5:00 p.m. local time, on April 27, 2018.
ContactCynthia Hanson, Fishery Management Specialist, (978) 281-9180.
FR Citation83 FR 15780 
RIN Number0648-BH76
CFR AssociatedFisheries; Fishing and Reporting and Recordkeeping Requirements

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