83 FR 53440 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Small-Mesh Multispecies Fishery; Public Comment Period for Amendment 22 to the Northeast Multispecies Fishery Management Plan

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 205 (October 23, 2018)

Page Range		53440-53441
FR Document		2018-23123

The New England Fishery Management Council requests public comment on Amendment 22 to the Northeast Multispecies Fishery Management Plan, including a Draft Environmental Impact Statement. To meet the purpose and need, this amendment proposes alternatives that would initiate a limited access program for the small-mesh multispecies fishery, adjust whiting and red hake possession limits, and modify permit types and characteristics to make them consistent with limited access. The Council recently solicited comments and held a series of public hearings on the draft amendment. Due to an inconsistency in the information available during the comment period, the Council will solicit comments for an additional 30 days and hold an informational webinar to explain the data inconsistency and review the alternatives in the amendment and Draft Environmental Impact Statement.

Federal Register, Volume 83 Issue 205 (Tuesday, October 23, 2018)

[Federal Register Volume 83, Number 205 (Tuesday, October 23, 2018)]
[Proposed Rules]
[Pages 53440-53441]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23123]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

RIN 0648-XG543


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Small-Mesh Multispecies Fishery; Public Comment Period for 
Amendment 22 to the Northeast Multispecies Fishery Management Plan

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

ACTION: Request for comments.

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

SUMMARY: The New England Fishery Management Council requests public 
comment on Amendment 22 to the Northeast Multispecies Fishery 
Management Plan, including a Draft Environmental Impact Statement. To 
meet the purpose and need, this amendment proposes alternatives that 
would initiate a limited access program for the small-mesh multispecies 
fishery, adjust whiting and red hake possession limits, and modify 
permit types and characteristics to make them consistent with limited 
access.
    The Council recently solicited comments and held a series of public 
hearings on the draft amendment. Due to an inconsistency in the 
information available during the comment period, the Council will 
solicit comments for an additional 30 days and hold an informational 
webinar to explain the data inconsistency and review the alternatives 
in the amendment and Draft Environmental Impact Statement.

DATES: We must receive written comments on or before November 23, 2018. 
The informational webinar will take place on Wednesday, November 14, 
2018 at 3 p.m. at the following web address: https://global.gotomeeting.com/join/843126117, or by telephone at (872) 240-
3311, using Access Code 43-126-117.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2013-0169 by any of the following methods:
    [ssquf] Electronic Submission: Submit all electronic public 
comments directly to the Council at [email protected] or by fax to 
(978) 465-3116, with ``Comments on Whiting Amendment 22'' on the 
subject line.
    [ssquf] Mail: Submit written comments to Thomas A. Nies, Executive 
Director,

[[Page 53441]]

New England Fishery Management Council, 50 Water Street, Mill 2, 
Newburyport, MA 01950. Mark the outside of the envelope, ``Comments on 
Whiting Amendment 22.''
    Instructions: You must submit comments by one of the above methods 
to ensure that the comments are received, documented, and considered by 
Council. The Council may not consider comments sent by any other 
method, to any other address or individual, or received after the end 
of the comment period. All comments received are a part of the public 
record and will generally be posted for public viewing on the Council's 
website at www.nefmc.org without change. All personal identifying 
information (e.g., name, address, etc.) submitted voluntarily by the 
sender will be publicly accessible. Do not submit confidential business 
information, or otherwise sensitive or protected information. The 
Council will accept attachments to electronic comments only in 
Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats.
    The hearing documents are accessible electronically via the 
internet at https://www.nefmc.org/library/amendment-22 or by request to 
Thomas A. Nies, Executive Director, New England Fishery Management 
Council, 50 Water Street, Mill 2, Newburyport, MA 01950, telephone 
(978) 465-0492.

FOR FURTHER INFORMATION CONTACT: Andrew Applegate, Senior Fisheries 
Analyst, (978) 465-0492, ext. 114.

SUPPLEMENTARY INFORMATION:

Background

    The small-mesh multispecies complex consists of five stocks: 
Northern silver hake, southern silver hake, and offshore hake, all 
collectively referred to as whiting; along with northern and southern 
red hake. The New England Fishery Management Council (Council) manages 
these stocks as part of the Northeast Multispecies Fishery Management 
Plan (FMP). Fishermen targeting whiting and hake use small-mesh trawl 
gear. The Council manages the fishery through multiple small-mesh 
exemptions to the northeast multispecies (also called groundfish) 
regulations. The small-mesh multispecies fishery is open access, 
meaning any vessel may obtain a permit to fish with small-mesh gear to 
target whiting and hake.
    Based on specifications set forth by the Council, NMFS sets annual 
catch levels for each of the small-mesh multispecies stocks. The 
fishery routinely harvests a small fraction of the allowable silver 
hake landings each year, due to high bycatch levels of red hake that 
reduce the possession limits to incidental levels once a certain 
percentage of the red hake annual catch limits are reached. Northern 
whiting and hake stocks are healthy, but southern red hake is 
overfished and experiencing overfishing. Southern whiting biomass has 
been declining for several years and is below the target, but is not 
considered overfished.
    Although the fishery does not harvest optimum yield, there are 
concerns that it could become more difficult to manage if continued 
open access results in bycatch levels could prematurely close the 
directed small-mesh multispecies fishery. In response, the Council 
developed Amendment 22 to the FMP. The amendment considers multiple 
alternatives for a limited access program, along with various options 
for possession limits and permit conditions should the Council 
ultimately choose to limit access in the fishery. The Council's 
preferred alternative is to maintain open access.
    Amendment 22 includes a Draft Environmental Impact Statement 
(DEIS), which analyzes the impacts of the various management 
alternatives. In July of 2018, the Council hosted a series of public 
hearings and solicited comments on the DEIS and amendment. Along with 
the DEIS, the Council prepared a separate public hearing document to 
summarize the impacts of alternatives, which included the estimated 
number of vessels that would qualify under each limited access 
alternative. After the public hearings, and while discussing potential 
final action, the Council discovered a discrepancy between the numbers 
in the public hearing document and the DEIS. Upon further 
investigation, it concluded that the DEIS analyses were based on the 
correct information, while the information in the summary section of 
the DEIS and the public hearing document were based on preliminary 
analyses that had been conducted in early development of the amendment. 
The correct results were available to the public and Council when the 
Council approved the range of alternatives in June 2017 and chose 
preferred alternatives in December 2017.
    Given the discrepancy between the summary information and the DEIS, 
the Council announced that it will provide the public with an 
additional 30-day comment period and hold an informational webinar 
using the most up-to-date information to explain the data discrepancy 
and afford additional opportunity for comment.
    The Council will accept comments until 1 p.m. on November 23, 2018. 
See the DATES section for the timing of the webinar and how you may 
participate. The Council's Small-Mesh Fishery Committee and Advisory 
Panel will review the public comments and make recommendations for 
action to the Council. The Council will consider these recommendations 
and take final action on Amendment 22 during its December 2018 meeting.

    Authority: 16 U.S.C. 1801 et seq.; 16 U.S.C. 5101 et seq.

     Dated: October 17, 2018.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2018-23123 Filed 10-22-18; 8:45 am]
 BILLING CODE 3510-22-P

53440 Federal Register / Vol. 83, No. 205 / Tuesday, October 23, 2018 / Proposed Rules

that would preclude application of this NOAA Technical Memorandum NOAA– DEPARTMENT OF COMMERCE
categorical exclusion. If NMFS takes a TM–NE–245. 378 p.
management action, for example, Hayes, S.A., E. Josephson, K. Maze-Foley, National Oceanic and Atmospheric
through the development of a TRP, and P.E. Rosel, editors. 2017. U.S. Administration
NMFS would first prepare an Atlantic and Gulf of Mexico Marine
Environmental Impact Statement (EIS) Mammal Stocks Assessments, 2016. 50 CFR Part 648
or Environmental Assessment (EA), as NOAA Technical Memorandum NOAA–
RIN 0648–XG543
required under NEPA, specific to that TM–NE–241. 274 p.
action. McCracken, M.L. 2017. Assessment of
Magnuson-Stevens Fishery
This proposed rule would not affect Incidental Interactions with Marine
Conservation and Management Act
species listed as threatened or Mammals in the Hawaii Longline Deep
Provisions; Small-Mesh Multispecies
endangered under the ESA or their and Shallow Set Fisheries from 2011
Fishery; Public Comment Period for
through 2015. NMFS Pacific Islands
associated critical habitat. The impacts Amendment 22 to the Northeast
Fisheries Science Center, PIFSC Internal
of numerous fisheries have been Multispecies Fishery Management Plan
Report IR–17–003. 2 p. + Excel
analyzed in various biological opinions,
spreadsheet. AGENCY: National Marine Fisheries
and this proposed rule will not affect
National Marine Fisheries Service (NMFS). Service (NMFS), National Oceanic and
the conclusions of those opinions. The
2017. The Hawaii Limited Access Atmospheric Administration (NOAA),
classification of fisheries on the LOF is
Longline Logbook Summary Report. Commerce.
not considered to be a management
PIFSC Data Report DR–17–009. 13 p.
action that would adversely affect ACTION: Request for comments.
National Marine Fisheries Service West Coast
threatened or endangered species. If Region (NMFS–WCR). 2017. Summary of
NMFS takes a management action, for SUMMARY: The New England Fishery
2016 Whale Entanglements off the West Management Council requests public
example, through the development of a Coast of the United States. 8 p.
TRP, NMFS would consult under ESA comment on Amendment 22 to the
(Available at: http:// Northeast Multispecies Fishery
section 7 on that action. www.westcoast.fisheries.noaa.gov/ Management Plan, including a Draft
This proposed rule would have no publications/protected_species/marine_ Environmental Impact Statement. To
adverse impacts on marine mammals mammals/5.2.2018_wcr_2018_ meet the purpose and need, this
and may have a positive impact on entanglement_report_508.pdf) amendment proposes alternatives that
marine mammals by improving U.S. Fish and Wildlife Service (USFWS). would initiate a limited access program
knowledge of marine mammals and the 2017. Final southern sea otter (Enhydra for the small-mesh multispecies fishery,
fisheries interacting with marine lutris nereis) stock assessment report. adjust whiting and red hake possession
mammals through information collected Ventura, California. 18 p. (Available at limits, and modify permit types and
from observer programs, stranding and https://www.fws.gov/ecological-services/ characteristics to make them consistent
sighting data, or take reduction teams. species/stock-assessment-reports.html)
with limited access.
This proposed rule would not affect Waring, G.T., Josephson, E., Maze-Foley, K.,
The Council recently solicited
the land or water uses or natural Rosel, P.E., editors. 2015. US Atlantic
comments and held a series of public
resources of the coastal zone, as and Gulf of Mexico Marine Mammal
hearings on the draft amendment. Due
specified under section 307 of the Stock Assessments, 2014. NOAA
to an inconsistency in the information
Coastal Zone Management Act. Technical Memorandum NMFS–NE–231;
available during the comment period,
361 p.
References the Council will solicit comments for an
Waring, G.T., E. Josephson, K. Maze-Foley,
and P.E. Rosel, editors. 2016. U.S.
additional 30 days and hold an
Carretta, J.V., E. Oleson, K.A. Forney, J.
Baker, J.E. Moore, D.W. Weller, A.R. Atlantic and Gulf of Mexico Marine
informational webinar to explain the
Lang, M.M. Muto, B. Hanson, A.J. Orr, H. Mammal Stocks Assessments, 2015. data inconsistency and review the
Huber, M.S. Lowry, J. Barlow, D. Lynch, NOAA Technical Memorandum NOAA– alternatives in the amendment and Draft
L. Carswell, and R.L. Brownell Jr. 2018. NE–238. 512 p. Environmental Impact Statement.
U.S. Pacific Marine Mammal Stock Western Pacific Regional Fishery DATES: We must receive written
Assessments: 2017. NOAA Technical comments on or before November 23,
Management Council (WPRFMC). 2016a.
Memorandum NOAA–TM–NMFS–
Stock Assessment and Fishery 2018. The informational webinar will
SWFSC–602. 161 p.
Carretta, J.V., V. Helker, M.M. Muto, J. Evaluation (SAFE) Report Pacific Island take place on Wednesday, November 14,
Greenman, K. Wilkinson, D. Lawson, J. Pelagic Fisheries. 472 p. 2018 at 3 p.m. at the following web
Viezbicke, and J. Jannot. 2018a. Sources Western Pacific Regional Fishery address: https://
of human-related injury and mortality for Management Council (WPRFMC). 2016b. global.gotomeeting.com/join/
U.S. Pacific west coast marine mammal Annual Stock Assessment and Fishery 843126117, or by telephone at (872)
stock assessments, 2012–2016. Draft Evaluation Report: Fishery Ecosystem 240–3311, using Access Code 43–126–
document PSRG–2018–06 reviewed by Plan for the American Samoa 117.
the Pacific Scientific Review Group, Archipelago. 415 p.
March 2018. 145 p. ADDRESSES: You may submit comments
Carretta, J.V., J.E. Moore, and K.A. Forney. Dated: October 18, 2018. on this document, identified by NOAA–
2018b. Estimates of marine mammal, sea Samuel D. Rauch, III, NMFS–2013–0169 by any of the
turtle, and seabird bycatch from the following methods:
Deputy Assistant Administrator for
khammond on DSK30JT082PROD with PROPOSAL

California large-mesh drift gillnet
Regulatory Programs, National Marine D Electronic Submission: Submit all
fishery: 1990–2016. Draft document electronic public comments directly to
Fisheries Service.
PSRG–2018–07 reviewed by the Pacific the Council at comments@nefmc.org or
Scientific Review Group, March 2018. [FR Doc. 2018–23124 Filed 10–22–18; 8:45 am]
79 p.
by fax to (978) 465–3116, with
BILLING CODE 3510–22–P
Hayes, S.A., E. Josephson, K. Maze-Foley, ‘‘Comments on Whiting Amendment
and P.E. Rosel, editors. 2018. U.S. 22’’ on the subject line.
Atlantic and Gulf of Mexico Marine D Mail: Submit written comments to
Mammal Stocks Assessments, 2017. Thomas A. Nies, Executive Director,

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Document Created: 2018-10-23 04:14:46
Document Modified: 2018-10-23 04:14:46

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		Proposed Rules
Action		Request for comments.
Dates		We must receive written comments on or before November 23, 2018. The informational webinar will take place on Wednesday, November 14,
Contact		Andrew Applegate, Senior Fisheries Analyst, (978) 465-0492, ext. 114.
FR Citation		83 FR 53440
RIN Number		0648-XG54

83 FR 53440 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Small-Mesh Multispecies Fishery; Public Comment Period for Amendment 22 to the Northeast Multispecies Fishery Management Plan

DEPARTMENT OF COMMERCENational Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 205 (October 23, 2018)

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration