Fisheries of the Northeastern United States; Northeast Multispecies Fishery Management Plan; Amendment 19, 20260-20267 [2013-07865]
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Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Rules and Regulations
The regulations implementing the
Consolidated HMS FMP provide for
inseason retention limit adjustments to
respond to the unpredictable nature of
BFT availability on the fishing grounds,
the migratory nature of this species, and
the regional variations in the BFT
fishery. Based on available BFT quotas,
fishery performance in recent years, the
availability of BFT on the fishing
grounds, among other considerations, an
adjustment to the recreational BFT daily
retention limit is warranted. Analysis of
available data shows that adjustment to
the BFT daily retention limit from the
default level would result in minimal
risks of exceeding the ICCAT-allocated
quota. Further, closure of the southern
area Angling category trophy fishery is
necessary to ensure sufficient quota
remains available to ensure overall 2013
fishing year landings are consistent with
ICCAT recommendations and the
Consolidated HMS FMP. NMFS
provides notification of closures and
retention limit adjustments by
publishing the notice in the Federal
Register, emailing individuals who have
subscribed to the Atlantic HMS News
electronic newsletter, and updating the
information posted on the Atlantic
Tunas Information Line and on
www.hmspermits.noaa.gov.
These fisheries are currently
underway and delaying this action
would be contrary to the public interest
as it could result in excessive trophy
BFT landings that may result in future
potential quota reductions for the
Angling category and potentially other
BFT quota categories, depending on the
magnitude of a potential Angling
category overharvest. NMFS must close
the southern area trophy BFT fishery
before additional landings of these sizes
of BFT accumulate. Delays in increasing
the daily recreational BFT retention
limits would adversely affect those
Charter/Headboat category vessels that
would otherwise have an opportunity to
harvest more than the default retention
limit of one school, large school, or
small medium BFT per day/trip and
may exacerbate the problem of low
catch rates and quota rollovers.
Therefore, the AA finds good cause
under 5 U.S.C. 553(b)(B) to waive prior
notice and the opportunity for public
comment. For all of the above reasons,
there is good cause under 5 U.S.C.
553(d) to waive the 30-day delay in
effectiveness.
This action is being taken under 50
CFR 635.23(b)(3) and 635.28(a)(1), and
is exempt from review under Executive
Order 12866.
Authority: 16 U.S.C. 971 et seq. and 1801
et seq.
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Dated: April 1, 2013.
Kara Meckley,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–07845 Filed 4–1–13; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 120822383–3277–02]
RIN 0648–BC48
Fisheries of the Northeastern United
States; Northeast Multispecies Fishery
Management Plan; Amendment 19
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule implements
Amendment 19 to the Northeast
Multispecies Fishery Management Plan.
The New England Fishery Management
Council developed Amendment 19 to
modify management measures that
currently govern the small-mesh
multispecies fishery, including the
accountability measures, the year-round
possession limits, and total allowable
landings process. Amendment 19 was
approved by NMFS on January 15, 2013.
DATES: Effective May 6, 2013.
ADDRESSES: An environmental
assessment (EA) was prepared for
Amendment 19 that describes the
proposed action and other considered
alternatives, and provides an analysis of
the impacts of the proposed measures
and alternatives. Copies of Amendment
19, including the EA and the Initial
Regulatory Flexibility Analysis (IRFA),
are available on request from the New
England Fishery Management Council,
50 Water Street, Newburyport, MA
01950. These documents are also
available online at https://
www.nefmc.org.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218.
SUPPLEMENTARY INFORMATION:
Background
The small-mesh multispecies complex
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),
and the fishery is managed through a
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series of exemptions from the other
provisions of the Northeast (NE)
Multispecies Fishery Management Plan
(FMP). None of the small-mesh
multispecies stocks are overfished, and
overfishing is not occurring.
Amendment 19 to the FMP was initiated
by the New England Fishery
Management Council (Council) in 2009
to establish a mechanism for specifying
annual catch limits (ACLs) and
accountability measures (AMs) for the
small-mesh multispecies fishery, as
required by the 2007 reauthorization of
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). However, the
Council postponed developing the
amendment in order to include the
results of an updated stock assessment
in November 2010. Due to this delay,
and in order to bring the small-mesh
multispecies portion of the NE
Multispecies FMP into compliance with
the Magnuson-Stevens Act requirements
for ACLs and AMs, NMFS implemented
a Secretarial Amendment in time for the
start of the 2012 fishing year (March 30,
2012; 77 FR 19138).
The Secretarial Amendment was
based on the preliminary work the
Council had done on Amendment 19 up
to that point, including the overfishing
limits (OFL), acceptable biological
catches (ABC), and ACLs. The Council,
through Amendment 19, is adopting
those limits (Table 1), as well as the
process that describes how those values
are calculated, as was implemented in
the Secretarial Amendment. As
described in the Secretarial
Amendment, the ABCs are based on the
OFLs and, to account for scientific
uncertainty, are set equal to the 40th
percentile of the OFL distribution for
both red hake stocks, and the 25th
percentile for both silver hake stocks.
Offshore hake, which does not have
an overfishing definition, are caught
incidentally in the southern silver hake
fishery and are marketed together with
silver hake as ‘‘whiting.’’ In order to
account for offshore hake, the southern
silver hake ABC is increased by 4
percent, which is the average amount of
offshore hake landed on a typical
‘‘whiting’’ trip, based on information
presented during the most recent stock
assessment. It is not feasible for
fishermen to separate silver and offshore
hake on a given trip, and there is not
enough information to establish a
distinct set of offshore hake catch limits.
Therefore, this combined ABC, ACL,
and TAL in the southern whiting fishery
is deemed adequate to account for and
manage the southern silver hake and
offshore hake stocks. This combined
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fishery is referred throughout this rule
as ‘‘southern whiting.’’
The ACLs are set equal to 95 percent
of the respective ABC, to account for
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management uncertainty. This process
was recommended by the SSC.
TABLE 1—OFL, ABC, AND ACL FOR 2012–2014
Northern red
hake
(mt)
Overfishing Limit (OFL) ...................................................................................
Acceptable Biological Catch (ABC) .................................................................
Annual Catch Limit (ACL) ................................................................................
Amendment 19 changes some of the
other measures implemented in the
Secretarial Amendment, as well as
management measures that the
Secretarial Amendment did not address.
A full description of the justifications
and rationale behind each measure
being implemented in this final rule was
included in the proposed rule published
on November 2, 2012 (77 FR 66169) and
is not repeated here.
Final Measures
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1. Revised Overfishing Definitions
The overfishing definitions were
derived from the most recent stock
assessment for the small-mesh
multispecies that was conducted in
November 2010 (SAW 51). There is no
overfishing definition for offshore hake
because there is insufficient information
for a stock assessment. SAW 51
concluded that the existing biological
reference points should be rejected and
could not recommend an alternative.
Therefore, this action removes the
overfishing definition for offshore hake
implemented in Amendment 12 until
such time that the best available
scientific information provides an
acceptable overfishing definition for this
stock. In the meantime, offshore hake
will be accounted for in the southern
silver hake fishery, because it is caught
in conjunction with and cannot be
separated from silver hake. This
approach to managing the offshore hake
fishery was recommended by the
Council’s Scientific and Statistical
Committee (SSC) and is considered
consistent with National Standard 1 for
a stock in a stock complex for which it
is not possible to calculate reference
points.
The new overfishing definitions for
red hake and silver hake are as follows:
Red Hake
Red hake is overfished when the 3-yr
moving average of the spring survey
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314
280
266
weight per tow (i.e., the biomass
threshold) is less than one-half of the
biomass at maximum sustainable yield
(BMSY proxy), where the BMSY proxy is
defined as the average observed biomass
from 1980–2010. The current estimates
of the biomass thresholds for the
northern and southern stocks are 1.27
kg/tow and 0.51 kg/tow, respectively.
Overfishing occurs when the ratio
between the catch and spring survey
biomass exceeds 0.163 kt/kg and 3.038
kt/kg, respectively, derived from An
Index Method (AIM) analyses from
1980–2009.
Silver Hake
Silver hake is overfished when the 3yr moving average of the fall survey
weight per tow is less than one-half the
BMSY proxy, where the BMSY proxy is
defined as the average observed biomass
from 1973–1982. The most recent
estimates of the biomass thresholds are
3.21 kg/tow for the northern stock and
0.83 kg/tow for the southern stock.
Overfishing occurs when the ratio
between the catch and the arithmetic
fall survey biomass index from the most
recent 3 yr exceeds the overfishing
threshold. The most recent estimates of
the overfishing thresholds are 2.78 kt/kg
for the northern stock and 34.19 kt/kg
for the southern stock.
2. Adjustments to the Specifications
Process and Frameworkable Measures,
and Monitoring Procedures and
Requirements
Amendment 19 modifies the
specifications process and the list of
frameworkable measures implemented
by the Secretarial Amendment, as well
as the process by which the fishery is
monitored. The specifications process
instructs the Council as to when it
needs to make a recommendation on the
catch limits, possession limits, and
other measures deemed to be part of the
specifications package. In addition, the
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Northern silver
hake
(mt)
24,840
13,177
12,518
Southern red
hake
(mt)
3,448
3,259
3,096
Southern
whiting
(mt)
62,301
33,940
32,295
list of items that may be considered for
adjustment in a framework is modified
slightly.
This final rule also implements a
measure that requires NMFS to prepare,
and the appropriate Council technical
group (such as a plan development team
(PDT)) to review, a report on the smallmesh multispecies fishery, including
trends in the fishery and changes in
stock size. The PDT or other appropriate
Council technical group would be
responsible for making
recommendations to the Council,
should any management changes be
deemed necessary.
Finally, this final rule requires vessels
fishing for small-mesh multispecies to
send their vessel trip reports (VTR) to
NMFS on a weekly basis. Amendment
16 to the NE Multispecies FMP
implemented the requirement that
vessels fishing with a NE multispecies
permit have a weekly VTR requirement;
however, that amendment had no other
small-mesh multispecies measures
associated with it. As a result, the
Council and the Whiting Oversight
Committee wanted to ensure through
this action it is clear that the weekly
submission of VTRs is required for
small-mesh multispecies vessels, in
order to facilitate more effective
monitoring of the stock-area based total
allowable landings (TALs.)
3. Stock Area Total Allowable Landings
The Secretarial Amendment
implemented annual, stock-wide TALs
for northern and southern red hake, as
well as for northern silver hake and
southern whiting. The TALs are
calculated by deducting the most recent
3-yr moving average of discards from
the ACL, and then deducting an
additional 3 percent to account for statewaters landings.
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Federal Register / Vol. 78, No. 65 / Thursday, April 4, 2013 / Rules and Regulations
TABLE 2—2012–2014 TOTAL ALLOWABLE LANDINGS
Northern red
hake
ACL ......................................................................................................
Discard Estimate (2008–2010) ............................................................
State-Waters Landings (3%) ................................................................
Federal TAL (mt) ..................................................................................
Federal TAL (lb) ...................................................................................
Amendment 19 maintains an annual,
stock-wide TAL for the northern area. In
the southern stock area, however, the
TALs will be monitored annually
initially, until two-thirds of a TAL is
harvested in a given year. If landings in
a given year exceed two-thirds of the
TAL, NMFS would consult with the
Council during the following year, and,
Northern silver
hake
Southern red
hake
266 mt ..............
65% ..................
(173 mt) ............
2.8 mt ...............
90.3 mt .............
199,077.4 lb .....
12,518 mt .........
26% ..................
(3,255 mt) .........
278 mt ..............
8,985 mt ...........
19,809,243 lb ...
3,096 mt ...........
56% ..................
(1,718 mt) .........
42 mt ................
1,336 mt ...........
2,945,376 lb ......
if the Council agrees, NMFS would
implement a rule to switch the TAL to
a quarterly system for the next year.
That is, if two-thirds of the red hake
TAL were landed in 2013, and the
Council agreed, quarterly TALs would
be implemented for the start of the 2015
fishing year and would be maintained
until the Council chooses, through
Southern
whiting
32,295 mt
13%
(4,198 mt)
842 mt
27,255 mt
60,086,990 lb
specifications or a Framework
Adjustment, to revert back to an annual
TAL. The incidental possession limit
trigger (as described in the in-season
a.m. section, below) would be applied
for each quarter. The quarterly
allocations would be based on the
average proportion of dealer-reported
landings from 2008–2010, as follows:
TABLE 3—QUARTERLY ALLOCATIONS FOR THE SOUTHERN STOCK AREA
May–Jul
%
Southern red hake ...........................................................................................
Southern whiting ..............................................................................................
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Included in this measure is a ‘‘rollup’’ procedure that would be used for
in-season monitoring of the quarterly
TALs. In each quarter, the cumulative
landings to date that fishing year would
be monitored against a quarterly TAL
represented by the sum of that quarter’s
allocation, plus the allocations from
prior quarters (e.g., during quarter 2, the
cumulative landings of southern red
hake to date would be monitored against
a quota equal to 58.6 percent of the
annual TAL, which is the sum of the
quarter 1 allocation of 33.3 percent plus
the quarter 2 allocation of 25.3 percent).
The possession limit trigger for each
stock would apply in each quarter, and
the incidental possession limit would
remain in effect until the end of that
quarter. At the start of the next quarter,
the possession limit would reset to the
appropriate default possession limit.
This procedure allows for unused quota
from a quarter to be available
immediately to the fleet, without
unnecessary delays from rulemaking to
formally transfer quota between
quarters.
4. Accountability Measures
The Secretarial Amendment
implemented two types of AMs for the
small-mesh multispecies fishery. The
in-season a.m. would reduce the
possession limit to an incidental
amount for a stock if 90 percent of that
stock’s TAL is projected to be harvested.
For both red hake stocks, the possession
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27
limit would be reduced to 400 lb (181
kg), and for northern silver hake and
southern whiting, the possession limit
would be reduced to 1,000 lb (454 kg).
In the event that an ACL is exceeded in
a given year, the post-season a.m.
implemented in the Secretarial
Amendment would reduce a subsequent
year’s ACL by the exact amount, by
weight, by which the ACL was
exceeded.
In-Season AMs
This final rule maintains the overall
structure of the in-season a.m. (i.e., the
90-percent trigger, with a reduced
possession limit), but changes the
incidental possession limit for northern
silver hake and southern whiting from
1,000 lb (454 kg) to 2,000 lb (907 kg),
while maintaining the 400-lb (181-kg)
incidental possession limit for both
stocks of red hake.
Post-Season AM
This final rule replaces the postseason AM implemented by the
Secretarial Amendment with one that
would decrease the TAL trigger by the
same percentage by which the ACL is
exceeded. That is, if an ACL is exceeded
by 5 percent in fishing year 2013, the
incidental possession limit trigger
starting in fishing year 2015 would be
reduced to 85 percent. An ACL overage
that occurred in fishing year 2012
would be subject to this AM, which
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Aug–Oct
%
25.3
21.4
Nov–Jan
%
17.7
22.8
Feb–Apr
%
23.7
28.8
would be applied to the 2014 fishing
year.
This reduction in the TAL trigger
would remain in effect until the Council
chooses to modify it through the
specifications process or in a framework
adjustment.
5. Trip Limits
This final rule implements a 5,000-lb
(2,268-kg) trip limit for red hake in both
the northern and southern stock areas
for all gear types. This final rule also
increases the southern whiting trip limit
from 30,000 lb (13,608 kg) to 40,000 lb
(18,144 kg) for vessels fishing in the
Southern New England and MidAtlantic Exemption Areas using mesh
that is 3 inches (7.62 cm) or greater.
Other Regulatory Changes
This final rule also clarifies some of
the regulations governing the smallmesh multispecies fishery. The language
of the regulations pertaining to the
small-mesh multispecies exemption
programs were unclear as to what gear
was allowed in these programs. This
final rule clarifies the regulatory
language so that it is clear that only a
raised footrope trawl is allowed in the
Small Mesh Area I and II Exemption
Programs and the Gulf of Maine Grate
Raised Footrope Trawl Area Exemption
Program, and that no other fishing gears
may be used while a vessel is fishing in
these exemption programs. The
regulations are further clarified with the
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citation for each of the incidental catch
limits for other species in the smallmesh multispecies exemption programs.
An incorrect citation in the regulations
pertaining to small-mesh multispecies
transfers-at-sea is also corrected in this
rule.
The proposed rule incorrectly
referenced northern silver hake and
southern whiting instead of northern
and southern red hake in the proposed
changes to 50 CFR 648.90(b)(2)(i)(C)(1).
The regulations in this final rule correct
that error.
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Public Comments
NMFS only received two comments to
the proposed action. Neither of these
comments resulted in a change to the
final rule.
Comments: A comment on the Notice
of Availability (October 19, 2012; 77 FR
64303) recommended that NMFS set the
quotas to zero for all of the small-mesh
multispecies stocks. A comment was
received on the proposed rule stating
that the rule would allow overfishing to
continue.
Response: Neither of these
commenters presented credible
evidence in support of their claim. The
quotas were developed using the best
available science, which also indicates
that overfishing is not occurring on any
of the small-mesh multispecies stocks.
In addition, none of the small-mesh
multispecies stocks are overfished. The
quotas implemented by this final rule
are consistent with scientific advice and
do not allow for overfishing.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this rule is consistent with the NE
Multispecies FMP, other provisions of
the Magnuson-Stevens Act, and other
applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
Pursuant to section 604 of the
Regulatory Flexibility Act (RFA), this
final rule includes a Final Regulatory
Flexibility Analysis (FRFA) in support
of Amendment 19 analyzing the rule’s
impact on small entities. This FRFA
incorporates the IRFA, a summary of the
significant issues raised by the public
comments in response to the IRFA,
NMFS’ responses to those comments,
relevant analyses in the Amendment
and its EA, and a summary of the
analyses completed to support the
action implemented through this rule. A
copy of the analyses done in the
Amendment and EA is available from
the Council (see ADDRESSES). A
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summary of the IRFA was published in
the proposed rule for this action and is
not repeated here. A description of why
this action was considered, the
objectives of, and the legal basis for this
rule is contained in the preamble to the
proposed rule and this final rule and is
not repeated here.
A Summary of the Significant Issues
Raised by the Public in Response to the
IRFA, a Summary of the Agency’s
Assessment of Such Issues, and a
Statement of Any Changes Made in the
Proposed Rule as a Result of Such
Comments
Two comments were received on the
proposed rule and the amendment.
However, neither addressed the IRFA or
economic analysis contained in
Amendment 19, and neither resulted in
any changes to the rule.
Description and Estimate of Number of
Small Entities to Which the Final Rule
Will Apply
This rule affects those vessels and
vessel owners that fish for small-mesh
multispecies in the northeast Atlantic
Ocean. The Small Business
Administration (SBA) considers
commercial fishing entities (NAICS
code 114111) to be small entities if they
have no more than $4 million in annual
sales, while the size standard for
charter/party operators (part of NAICS
cod 487210) is $7 million in sales. The
participants in the commercial smallmesh multispecies fishery are those
vessels issued limited or open access NE
multispecies permits that land any of
the small-mesh multispecies. Because
any vessel at any time may be issued an
open access NE multispecies permit, it
is difficult to determine how many
vessels or owners will participate in this
fishery in a given year. Also, because
some firms own more than one vessel,
available data make it difficult to
reliably identify ownership control over
more than one vessel. For this analysis,
the number of vessels landing at least 1
lb (0.45 kg) of any of the small-mesh
multispecies (red hake, silver hake, or
offshore hake) is considered to be a
maximum estimate of the number of
small business entities. The average
number of permitted vessels landing at
least 1 lb (0.45 kg) of small-mesh
multispecies from 2005–2010 was 562
vessels per year. All of the entities
(fishing vessels) affected by this action
are considered small entities under the
SBA size standards for small fishing
businesses ($4.0 million in annual gross
sales). Therefore, there are no
disproportionate effects on small versus
large entities.
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Information on costs in the fishery is
not readily available, and individual
vessel profitability cannot be
determined directly; therefore, expected
changes in gross revenues were used as
a proxy for profitability. In general, the
economic impacts from the measures
implemented in Amendment 19 are
neutral. There may be slightly negative
impacts if the in-season or post-season
AMs are triggered. The AMs would
reduce the amount of fish available to
the fleet, which in turn would reduce
vessel revenues. On the other hand,
there are likely to be positive long-term
impacts on the fishery, as these
measures are intended to ensure the
sustainable harvesting of the small-mesh
multispecies stocks. Further, other
measures implemented by Amendment
19 are likely to have positive economic
impacts, specifically increasing the
incidental trip limit for northern silver
hake and southern whiting should the
in-season a.m. be triggered, and
increasing the southern whiting trip
limit for vessels using mesh that is 3 in
(7.62 cm) or greater. The
implementation of a trip limit for red
hake is likely to have neutral impacts,
as the intent of the trip limit is to cap
landings at approximately the current
level and discourage sudden increases
in catch.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
There are no compliance
requirements associated with this final
rule. The rule clarifies the requirement
that vessels landing small-mesh
multispecies must submit their VTRs on
a weekly basis, but this is not a new
requirement. This final rule contains
reporting and recordkeeping
requirements and associated
information collections subject to the
Paperwork Reduction Act that have
been previously approved by OMB
under control number 0648–0212.
This final rule does not duplicate,
overlap, or conflict with other Federal
rules.
Description of the Steps the Agency Has
Taken To Minimize the Significant
Economic Impact on Small Entities
Consistent With the Stated Objectives of
Applicable Statutes
The management measures
implemented in Amendment 19 were
developed to improve the overall
management of the small-mesh
multispecies fishery. None of the
measures being implemented in
Amendment 19 reduces fishing
opportunities or flexibility. These
measures promote efficiency within the
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fishery by increasing trip limits or
reduce waste associated with regulatory
discards by establishing incidental and
year-round possession limits that take
into account the existing behavior of the
fleet and setting the possession limits at
or above the current, market-driven
level.
Therefore, by implementing
management measures that provide
flexibility and efficiency and reduce
waste, NMFS has taken the steps
necessary to minimize the impacts of
this action on small entities consistent
with the stated objectives of applicable
statutes.
Small Entity Compliance Guide
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996 states that, for each rule or group
of related rules for which an agency is
required to prepare a FRFA, the agency
shall publish one or more guides to
assist small entities in complying with
the rule, and shall designate such
publications as ‘‘small entity
compliance guides.’’ The agency shall
explain the actions a small entity is
required to take to comply with a rule
or group of rules. As part of this
rulemaking process, a letter to permit
holders that also serves as small entity
compliance guide (the guide) was
prepared. Copies of this final rule are
available from the Northeast Regional
Office, and the guide, i.e., permit holder
letter, will be sent to all holders of
permits for the Northeast multispecies
fishery. The guide and this final rule
will be available upon request, and
posted on the Northeast Regional
Office’s Web site at www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: March 29, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
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For the reasons stated in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
§ 648.7 Recordkeeping and reporting
requirements.
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(f) * * *
(2) Fishing vessel log reports. (i) For
any vessel not issued a NE multispecies
permit, Atlantic herring permit, or Tier
3 Limited Access mackerel permit,
fishing vessel log reports, required by
paragraph (b)(1)(i) of this section, must
be postmarked or received by NMFS
within 15 days after the end of the
reporting month. If no fishing trip is
made during a particular month for such
a vessel, a report stating so must be
submitted, as instructed by the Regional
Administrator. For any vessel issued a
NE multispecies permit, including
vessels fishing for small-mesh
multispecies or whiting, an Atlantic
herring permit, or a Tier 3 Limited
Access mackerel permit, fishing vessel
log reports must be postmarked or
received by midnight of the first
Tuesday following the end of the
reporting week. If no fishing trip is
made during a reporting week for such
a vessel, a report stating so must be
submitted and received by NMFS by
midnight of the first Tuesday following
the end of the reporting week, as
instructed by the Regional
Administrator. For the purposes of this
paragraph (f)(2)(i), the date when fish
are offloaded will establish the reporting
week or month that the VTR must be
submitted to NMFS, as appropriate. Any
fishing activity during a particular
reporting week (i.e., starting a trip,
landing, or offloading catch) will
constitute fishing during that reporting
week and will eliminate the need to
submit a negative fishing report to
NMFS for that reporting week. For
example, if a vessel issued a NE
multispecies permit, Atlantic herring
permit, or Tier 3 Limited Access
Mackerel Vessel begins a fishing trip on
Wednesday, but returns to port and
offloads its catch on the following
Thursday (i.e., after a trip lasting 8
days), the VTR for the fishing trip would
need to be submitted by midnight
Tuesday of the third week, but a
negative report (i.e., a ‘‘did not fish’’
report) would not be required for either
earlier week.
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■ 3. In § 648.13, paragraph (e) is revised
to read as follows:
§ 648.13
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.7, paragraph (f)(2)(i) is
revised to read as follows:
■
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Transfers at sea.
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(e) Vessels issued a letter of
authorization from the Regional
Administrator to transfer small-mesh
multispecies at sea for use as bait will
automatically have 500 lb (226.8 kg)
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deducted from the vessel’s combined
silver hake and offshore hake possession
limit, as specified under § 648.86(d), for
every trip during the participation
period specified on the letter of
authorization, regardless of whether a
transfer of small-mesh multispecies at
sea occurred or whether the actual
amount that was transferred was less
than 500 lb (226.8 kg). This deduction
shall be noted on the transferring
vessel’s letter of authorization from the
Regional Administrator.
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■ 4. In § 648.80, paragraphs (a)(6)(i)(B),
(a)(6)(i)(F), (a)(9)(i)(A), (a)(9)(ii),
(a)(15)(i)(B), (a)(16)(i)(A), and
(a)(16)(ii)(A) are revised to read as
follows:
§ 648.80 NE Multispecies regulated mesh
areas and restrictions on gear and methods
of fishing.
(a) * * *
(6) * * *
(i) * * *
(B) An owner or operator of a vessel
fishing in this area may not fish for,
possess on board, or land any species of
fish other than whiting and offshore
hake combined—up to a maximum of
30,000 lb (13,608 kg), except for the
following, with the restrictions noted, as
allowable incidental species: Atlantic
herring, up to the amount specified in
§ 648.204; longhorn sculpin; squid,
butterfish, and Atlantic mackerel, up to
the amounts specified in § 648.26; spiny
dogfish, up to the amount specified in
§ 648.235; red hake, up to the amount
specified in § 648.86(d), monkfish and
monkfish parts—up to 10 percent, by
weight, of all other species on board or
up to 50 lb (23 kg) tail-weight/166 lb (75
kg) whole-weight of monkfish per trip,
as specified in § 648.94(c)(4), whichever
is less; and American lobster—up to 10
percent, by weight, of all other species
on board or 200 lobsters, whichever is
less, unless otherwise restricted by
landing limits specified in § 697.17 of
this chapter.
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(F) A vessel fishing in the Cultivator
Shoal Whiting Fishery Exemption Area
may fish for small-mesh multispecies in
exempted fisheries outside of the
Cultivator Shoal Whiting Fishery
Exemption Area, provided that the
vessel complies with the more
restrictive gear, possession limit, and
other requirements specified in the
regulations of that exempted fishery for
the entire participation period specified
on the vessel’s letter of authorization
and consistent with paragraph
(a)(15)(i)(G) of this section. For example,
a vessel may fish in both the Cultivator
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Shoal Whiting Fishery Exemption Area
and the Southern New England or MidAtlantic Exemption Areas, and would
be restricted to a minimum mesh size of
3 in (7.62 cm) and a maximum trip limit
of 30,000 lb (13,607.77 kg) for silver
hake and offshore hake, combined, as
required in the Cultivator Shoal Whiting
Fishery Exemption Area.
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(9) Small Mesh Area 1/Small Mesh
Area 2—(i) Description. (A) Unless
otherwise prohibited in § 648.81, a
vessel subject to the minimum mesh
size restrictions specified in paragraphs
(a)(3) or (4) of this section may fish with
or possess nets with a mesh size smaller
than the minimum size, provided the
vessel complies with the requirements
of paragraphs (a)(5)(ii) or (a)(9)(ii) of this
section, and § 648.86(d), from July 15
through November 15, when fishing in
Small Mesh Area 1; and from January 1
through June 30, when fishing in Small
Mesh Area 2. While lawfully fishing in
these areas with mesh smaller than the
minimum size, an owner or operator of
any vessel may not fish for, possess on
board, or land any species of fish other
than: Silver hake and offshore hake,
combined, and red hake—up to the
amounts specified in § 648.86(d);
butterfish, Atlantic mackerel, squid, up
the amounts specified in § 648.26; spiny
dogfish, up to the amount specified in
§ 648.235; Atlantic herring, up to the
amount specified in § 648.204; and
scup, up to the amount specified in
§ 648.128.
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(ii) Raised footrope trawl. Vessels
fishing in the Small Mesh Areas I and
II Exemption Programs described in
§ 648.80(a)(9)) must configure the
vessel’s gear with a raised footrope
trawl, configured in such a way that,
when towed, the gear is not in contact
with the ocean bottom. Vessels are
presumed to be fishing in such a
manner if their trawl gear is designed as
specified in paragraphs (a)(9)(ii)(A)
through (D) of this section and is towed
so that it does not come into contact
with the ocean bottom.
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(15) * * *
(i) * * *
(B) All nets must be no smaller than
a minimum mesh size of 2.5-in (6.35cm) square or diamond mesh, subject to
the restrictions as specified in paragraph
(a)(15)(i)(D) of this section. An owner or
operator of a vessel enrolled in the
raised footrope whiting fishery may not
fish for, possess on board, or land any
species of fish other than silver hake,
offshore hake, and red hake, subject to
the applicable possession limits as
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specified in § 648.86(d), except for the
following allowable incidental species:
Butterfish, Atlantic mackerel, and squid,
up to the amounts specified in § 648.26;
scup, up to the amount specified in
§ 648.128; spiny dogfish, up to the
amount specified in § 648.235, and
Atlantic herring, up to the amount
specified in § 648.204.
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(16) * * *
(i) Mesh requirements and possession
restrictions. (A) All nets must comply
with a minimum mesh size of 2.5-in
(6.35-cm) square or diamond mesh,
subject to the restrictions specified in
paragraph (a)(16)(i)(B) of this section.
An owner or operator of a vessel
participating in the GOM Grate Raised
Footrope Trawl Exempted Whiting
Fishery may not fish for, possess on
board, or land any species of fish, other
than silver hake and offshore hake,
subject to the applicable possession
limits as specified in paragraph
(a)(16)(i)(C) of this section, and red
hake, subject to the possession limit
specified in § 648.86, except for the
following allowable incidental species:
Butterfish, Atlantic mackerel, and squid,
up to the amounts specified in § 648.26;
Atlantic herring, up to the amount
specified in § 648.204; and alewife.
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(ii) * * *
(A) An owner or operator of a vessel
fishing in the GOM Grate Raised
Footrope Trawl Exempted Whiting
Fishery must configure the vessel’s gear
with a raised footrope trawl as specified
in paragraphs (a)(9)(ii)(A) through (C) of
this section. In addition, the restrictions
specified in paragraphs (a)(16)(ii)(B) and
(C) of this section apply to vessels
fishing in the GOM Grate Raised
Footrope Trawl Exempted Whiting
Fishery.
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■ 5. In § 648.86, paragraphs (d)(1)(i)
introductory text, (d)(1)(ii) introductory
text, (d)(1)(iii) introductory text, and
(d)(4)(ii) are revised to read as follows:
(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). Owners or operators
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 5,000 lb (2,268 kg)
of red hake, and not more than 7,500 lb
(3,402 kg) of combined silver hake and
offshore hake if either of the following
conditions apply:
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(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 5,000 lb (2,268 kg) of red hake, and
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 § 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 §§ 648.80(b)(10) and
648.80(c)(5), respectively, if both of the
following conditions apply:
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(4) * * *
(ii) Silver hake and offshore hake. If
a possession limit reduction is needed
for a stock area, the incidental
possession limit for silver hake and
offshore hake, combined, in that stock
area will be 2,000 lb (907 kg) for the
remainder of the fishing year.
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■ 6. In § 648.90, paragraphs (b)(1)
introductory text, (b)(1)(i) through (iii),
(b)(1)(iv)(A), (b)(2) introductory text,
(b)(2)(i)(C), (b)(2)(ii)(C), (b)(3), (b)(4),
(b)(5)(ii), and (c)(1) are revised to read
as follows:
§ 648.86 NE Multispecies possession
restrictions.
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(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
vessel may possess and land not more
than 5,000 lb (2,268 kg) of red hake, and
not more than 3,500 lb (1,588 kg) of
combined silver hake and offshore hake,
if either of the following conditions
apply:
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§ 648.90 NE multispecies assessment,
framework procedures and specifications,
and flexible area action system.
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(b) Small-mesh multispecies—(1)
Three-year specifications process,
annual review, and specifications
package. The Council shall specify on at
least a 3-year basis the OFL, ABC, ACLs,
and TALs for each small-mesh
multispecies stock in accordance with
the following process.
(i) At least every 3 years, based on the
annual review, described below in
paragraph (b)(3) of this section, and/or
the specifications package, described in
paragraph (b)(4) of this section,
recommendations for ABC from the
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SSC, and any other relevant
information, the Whiting PDT shall
recommend to the Whiting Oversight
Committee and Council specifications
including the OFL, ABC, ACL, and TAL
for each small-mesh multispecies stock
for a period of at least 3 years. The
Whiting PDT and the Council shall
follow the process in paragraph (b)(2) of
this section for setting these
specifications.
(ii) The Whiting PDT, after reviewing
the available information on the status
of the stock and the fishery, may
recommend to the Council any
measures necessary to assure that the
specifications will not be exceeded, as
well as changes to the appropriate
specifications.
(iii) Taking into account the annual
review and/or specifications package
described in paragraphs (b)(2) and
(b)(4), respectively, of this section, the
advice of the SSC, and any other
relevant information, the Whiting PDT
may also recommend to the Whiting
Oversight Committee and Council
changes to stock status determination
criteria and associated thresholds based
on the best scientific information
available, including information from
peer-reviewed stock assessments of
small-mesh multispecies. These
adjustments may be included in the
Council’s specifications for the smallmesh multispecies fishery.
(iv) Council recommendation. (A) The
Council shall review the
recommendations of the Whiting PDT,
Whiting Oversight Committee, and SSC,
any public comment received thereon,
and any other relevant information, and
make a recommendation to the Regional
Administrator on appropriate
specifications and any measures
necessary to assure that the
specifications will not be exceeded.
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(2) Process for specifying ABCs, ACLs,
and TALs. The Whiting PDT shall
calculate the OFL and ABC values for
each small-mesh multispecies stock
based on the control rules established in
the FMP. These calculations shall be
reviewed by the SSC, guided by terms
of reference developed by the Council.
The ACLs and TALs shall be calculated
based on the SSC’s approved ABCs, as
specified in paragraphs (a)(2)(i)(A)
through (C), and (a)(2)(ii)(A) through (C)
of this section.
(i) * * *
(C) TALs. (1) The red hake TALs are
equal to the northern red hake and
southern red hake ACLs minus a discard
estimate based on the most recent 3
years of data and then reduced by 3
percent to account for silver hake and
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offshore hake landings that occur in
state waters.
(2) If more than two-thirds of the
southern red hake TAL is harvested in
a single year, the Regional
Administrator shall consult with the
Council and will consider implementing
quarterly TALs in the following fishing
year, as proscribed in the FMP and in
a manner consistent with the
requirements of the Administrative
Procedure Act.
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(ii) * * *
(C) TALs. (1) The northern silver hake
and southern whiting TALs are equal to
the northern silver hake and southern
whiting ACLs minus a discard estimate
based on the most recent 3 years of data
and then reduced by 3 percent to
account for silver hake and offshore
hake landings that occur in state waters.
(2) If more than two-thirds of the
southern whiting TAL is harvested in a
single year, the Regional Administrator
shall consult with the Council and will
consider implementing quarterly TALs
in the following fishing year, as
proscribed in the FMP and in a manner
consistent with the requirements of the
Administrative Procedure Act.
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(3) Annual Review. (i) Using a report
provided by NMFS that includes trends
in the fishery, changes in stock biomass,
and total catch data, the Whiting PDT
shall meet at least once annually to
review the status of the stock and the
fishery and the adequacy of the 3-year
specifications. Based on such review,
the PDT shall provide a report to the
Council on any changes or new
information about the small-mesh
multispecies stocks and/or fishery, and
it shall recommend whether the
specifications for the upcoming year(s),
established pursuant to paragraph (b)(1)
of this section, need to be modified. At
a minimum, this review should include
a review of at least the following data,
if available: Commercial catch data;
discards; stock status (exploitation rate
and survey biomass); sea sampling, port
sampling, and survey data or, if sea
sampling data are unavailable, length
frequency information from port
sampling and/or surveys; impact of
other fisheries on the mortality of smallmesh multispecies; and any other
relevant information.
(ii) If new and/or additional
information becomes available, the
Whiting PDT shall consider it during
this annual review. Based on this
review, the Whiting PDT shall provide
guidance to the Whiting Oversight
Committee and the Council regarding
the need to adjust measures for the
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small-mesh multispecies fishery to
better achieve the FMP’s objectives.
After considering this guidance, the
Council may submit to NMFS its
recommendations for changes to
management measures, as appropriate,
through the specifications process
described in this section, the process
specified in paragraph (c) of this
section, or through an amendment to the
FMP.
(4) Specifications Package. (i) The
Whiting PDT shall prepare a
specification package, including a SAFE
Report, at least every 3 years. Based on
the specification package, the Whiting
PDT shall develop and present to the
Council recommended specifications as
defined in paragraph (a) of this section
for up to 3 fishing years. The
specifications package shall be the
primary vehicle for the presentation of
all updated biological and socioeconomic information regarding the
small-mesh multispecies fishery. The
specifications package shall provide
source data for any adjustments to the
management measures that may be
needed to continue to meet the goals
and objectives of the FMP.
(ii) In any year in which a
specifications package, including a
SAFE Report, is not completed by the
Whiting PDT, the annual review process
described in paragraph (a) of this
section shall be used to recommend any
necessary adjustments to specifications
and/or management measures in the
FMP.
(5) * * *
(ii) Post-season adjustment for an
overage. If NMFS determines that a
small-mesh multispecies ACL was
exceeded in a given fishing year, the inseason accountability measure
adjustment trigger, as specified in
paragraph (b)(5)(i) of this section, shall
be reduced in a subsequent fishing year
by 1 percent for each 1 percent by
which the ACL was exceeded through
notification consistent with the
Administrative Procedure Act. For
example, if the in-season adjustment
trigger is 90 percent, and an ACL is
exceeded by 5 percent, the adjustment
trigger for the stock whose ACL was
exceeded would be reduced to 85
percent for subsequent fishing years.
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(c) * * *
(1) Adjustment process. (i) After a
management action has been initiated,
the Council shall develop and analyze
appropriate management actions over
the span of at least two Council
meetings. The Council shall provide the
public with advance notice of the
availability of both the proposals and
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the analyses and opportunity to
comment on them prior to and at the
second Council meeting. The Council’s
recommendation on adjustments or
additions to management measures,
other than to address gear conflicts,
must come from one or more of the
following categories: DAS changes;
effort monitoring; data reporting;
possession limits; gear restrictions;
closed areas; permitting restrictions;
crew limits; minimum fish sizes;
onboard observers; minimum hook size
and hook style; the use of crucifer in the
hook-gear fishery; sector requirements;
recreational fishing measures; area
closures and other appropriate measures
to mitigate marine mammal
entanglements and interactions;
description and identification of EFH;
fishing gear management measures to
protect EFH; designation of habitat areas
of particular concern within EFH; and
any other management measures
currently included in the FMP.
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(ii) The Council’s recommendation on
adjustments or additions to management
measures pertaining to small-mesh NE
multispecies, other than to address gear
conflicts, must come from one or more
of the following categories: Quotas and
appropriate seasonal adjustments for
vessels fishing in experimental or
exempted fisheries that use small mesh
in combination with a separator trawl/
grate (if applicable); modifications to
separator grate (if applicable) and mesh
configurations for fishing for smallmesh NE multispecies; adjustments to
whiting stock boundaries for
management purposes; adjustments for
fisheries exempted from minimum mesh
requirements to fish for small-mesh NE
multispecies (if applicable); season
adjustments; declarations; participation
requirements for any of the Gulf of
Maine/Georges Bank small-mesh
multispecies exemption areas; OFL and
ABC values; ACL, TAL, or TAL
allocations, including the proportions
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used to allocate by season or area; smallmesh multispecies possession limits,
including in-season AM possession
limits; changes to reporting
requirements and methods to monitor
the fishery; and biological reference
points, including selected reference
time series, survey strata used to
calculate biomass, and the selected
survey for status determination.
(iii) Adjustment process for whiting
DAS. The Council may develop
recommendations for a whiting DAS
effort reduction program through the
framework process outlined in
paragraph (c) of this section only if
these options are accompanied by a full
set of public hearings that span the area
affected by the proposed measures in
order to provide adequate opportunity
for public comment.
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[FR Doc. 2013–07865 Filed 4–3–13; 8:45 am]
BILLING CODE 3510–22–P
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Agencies
[Federal Register Volume 78, Number 65 (Thursday, April 4, 2013)]
[Rules and Regulations]
[Pages 20260-20267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07865]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120822383-3277-02]
RIN 0648-BC48
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery Management Plan; Amendment 19
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule implements Amendment 19 to the Northeast
Multispecies Fishery Management Plan. The New England Fishery
Management Council developed Amendment 19 to modify management measures
that currently govern the small-mesh multispecies fishery, including
the accountability measures, the year-round possession limits, and
total allowable landings process. Amendment 19 was approved by NMFS on
January 15, 2013.
DATES: Effective May 6, 2013.
ADDRESSES: An environmental assessment (EA) was prepared for Amendment
19 that describes the proposed action and other considered
alternatives, and provides an analysis of the impacts of the proposed
measures and alternatives. Copies of Amendment 19, including the EA and
the Initial Regulatory Flexibility Analysis (IRFA), are available on
request from the New England Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. These documents are also available
online at https://www.nefmc.org.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218.
SUPPLEMENTARY INFORMATION:
Background
The small-mesh multispecies complex 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), and the
fishery is managed through a series of exemptions from the other
provisions of the Northeast (NE) Multispecies Fishery Management Plan
(FMP). None of the small-mesh multispecies stocks are overfished, and
overfishing is not occurring. Amendment 19 to the FMP was initiated by
the New England Fishery Management Council (Council) in 2009 to
establish a mechanism for specifying annual catch limits (ACLs) and
accountability measures (AMs) for the small-mesh multispecies fishery,
as required by the 2007 reauthorization of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act). However, the
Council postponed developing the amendment in order to include the
results of an updated stock assessment in November 2010. Due to this
delay, and in order to bring the small-mesh multispecies portion of the
NE Multispecies FMP into compliance with the Magnuson-Stevens Act
requirements for ACLs and AMs, NMFS implemented a Secretarial Amendment
in time for the start of the 2012 fishing year (March 30, 2012; 77 FR
19138).
The Secretarial Amendment was based on the preliminary work the
Council had done on Amendment 19 up to that point, including the
overfishing limits (OFL), acceptable biological catches (ABC), and
ACLs. The Council, through Amendment 19, is adopting those limits
(Table 1), as well as the process that describes how those values are
calculated, as was implemented in the Secretarial Amendment. As
described in the Secretarial Amendment, the ABCs are based on the OFLs
and, to account for scientific uncertainty, are set equal to the 40th
percentile of the OFL distribution for both red hake stocks, and the
25th percentile for both silver hake stocks.
Offshore hake, which does not have an overfishing definition, are
caught incidentally in the southern silver hake fishery and are
marketed together with silver hake as ``whiting.'' In order to account
for offshore hake, the southern silver hake ABC is increased by 4
percent, which is the average amount of offshore hake landed on a
typical ``whiting'' trip, based on information presented during the
most recent stock assessment. It is not feasible for fishermen to
separate silver and offshore hake on a given trip, and there is not
enough information to establish a distinct set of offshore hake catch
limits. Therefore, this combined ABC, ACL, and TAL in the southern
whiting fishery is deemed adequate to account for and manage the
southern silver hake and offshore hake stocks. This combined
[[Page 20261]]
fishery is referred throughout this rule as ``southern whiting.''
The ACLs are set equal to 95 percent of the respective ABC, to
account for management uncertainty. This process was recommended by the
SSC.
Table 1--OFL, ABC, and ACL for 2012-2014
----------------------------------------------------------------------------------------------------------------
Northern
Northern red silver hake Southern red Southern
hake (mt) (mt) hake (mt) whiting (mt)
----------------------------------------------------------------------------------------------------------------
Overfishing Limit (OFL)......................... 314 24,840 3,448 62,301
Acceptable Biological Catch (ABC)............... 280 13,177 3,259 33,940
Annual Catch Limit (ACL)........................ 266 12,518 3,096 32,295
----------------------------------------------------------------------------------------------------------------
Amendment 19 changes some of the other measures implemented in the
Secretarial Amendment, as well as management measures that the
Secretarial Amendment did not address. A full description of the
justifications and rationale behind each measure being implemented in
this final rule was included in the proposed rule published on November
2, 2012 (77 FR 66169) and is not repeated here.
Final Measures
1. Revised Overfishing Definitions
The overfishing definitions were derived from the most recent stock
assessment for the small-mesh multispecies that was conducted in
November 2010 (SAW 51). There is no overfishing definition for offshore
hake because there is insufficient information for a stock assessment.
SAW 51 concluded that the existing biological reference points should
be rejected and could not recommend an alternative. Therefore, this
action removes the overfishing definition for offshore hake implemented
in Amendment 12 until such time that the best available scientific
information provides an acceptable overfishing definition for this
stock. In the meantime, offshore hake will be accounted for in the
southern silver hake fishery, because it is caught in conjunction with
and cannot be separated from silver hake. This approach to managing the
offshore hake fishery was recommended by the Council's Scientific and
Statistical Committee (SSC) and is considered consistent with National
Standard 1 for a stock in a stock complex for which it is not possible
to calculate reference points.
The new overfishing definitions for red hake and silver hake are as
follows:
Red Hake
Red hake is overfished when the 3-yr moving average of the spring
survey weight per tow (i.e., the biomass threshold) is less than one-
half of the biomass at maximum sustainable yield (BMSY
proxy), where the BMSY proxy is defined as the average
observed biomass from 1980-2010. The current estimates of the biomass
thresholds for the northern and southern stocks are 1.27 kg/tow and
0.51 kg/tow, respectively.
Overfishing occurs when the ratio between the catch and spring
survey biomass exceeds 0.163 kt/kg and 3.038 kt/kg, respectively,
derived from An Index Method (AIM) analyses from 1980-2009.
Silver Hake
Silver hake is overfished when the 3-yr moving average of the fall
survey weight per tow is less than one-half the BMSY proxy,
where the BMSY proxy is defined as the average observed
biomass from 1973-1982. The most recent estimates of the biomass
thresholds are 3.21 kg/tow for the northern stock and 0.83 kg/tow for
the southern stock.
Overfishing occurs when the ratio between the catch and the
arithmetic fall survey biomass index from the most recent 3 yr exceeds
the overfishing threshold. The most recent estimates of the overfishing
thresholds are 2.78 kt/kg for the northern stock and 34.19 kt/kg for
the southern stock.
2. Adjustments to the Specifications Process and Frameworkable
Measures, and Monitoring Procedures and Requirements
Amendment 19 modifies the specifications process and the list of
frameworkable measures implemented by the Secretarial Amendment, as
well as the process by which the fishery is monitored. The
specifications process instructs the Council as to when it needs to
make a recommendation on the catch limits, possession limits, and other
measures deemed to be part of the specifications package. In addition,
the list of items that may be considered for adjustment in a framework
is modified slightly.
This final rule also implements a measure that requires NMFS to
prepare, and the appropriate Council technical group (such as a plan
development team (PDT)) to review, a report on the small-mesh
multispecies fishery, including trends in the fishery and changes in
stock size. The PDT or other appropriate Council technical group would
be responsible for making recommendations to the Council, should any
management changes be deemed necessary.
Finally, this final rule requires vessels fishing for small-mesh
multispecies to send their vessel trip reports (VTR) to NMFS on a
weekly basis. Amendment 16 to the NE Multispecies FMP implemented the
requirement that vessels fishing with a NE multispecies permit have a
weekly VTR requirement; however, that amendment had no other small-mesh
multispecies measures associated with it. As a result, the Council and
the Whiting Oversight Committee wanted to ensure through this action it
is clear that the weekly submission of VTRs is required for small-mesh
multispecies vessels, in order to facilitate more effective monitoring
of the stock-area based total allowable landings (TALs.)
3. Stock Area Total Allowable Landings
The Secretarial Amendment implemented annual, stock-wide TALs for
northern and southern red hake, as well as for northern silver hake and
southern whiting. The TALs are calculated by deducting the most recent
3-yr moving average of discards from the ACL, and then deducting an
additional 3 percent to account for state-waters landings.
[[Page 20262]]
Table 2--2012-2014 Total Allowable Landings
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northern red hake Northern silver hake Southern red hake Southern whiting
--------------------------------------------------------------------------------------------------------------------------------------------------------
ACL................................. 266 mt..................... 12,518 mt.................. 3,096 mt................... 32,295 mt
Discard Estimate (2008-2010)........ 65%........................ 26%........................ 56%........................ 13%
(173 mt)................... (3,255 mt)................. (1,718 mt)................. (4,198 mt)
State-Waters Landings (3%).......... 2.8 mt..................... 278 mt..................... 42 mt...................... 842 mt
Federal TAL (mt).................... 90.3 mt.................... 8,985 mt................... 1,336 mt................... 27,255 mt
Federal TAL (lb).................... 199,077.4 lb............... 19,809,243 lb.............. 2,945,376 lb............... 60,086,990 lb
--------------------------------------------------------------------------------------------------------------------------------------------------------
Amendment 19 maintains an annual, stock-wide TAL for the northern
area. In the southern stock area, however, the TALs will be monitored
annually initially, until two-thirds of a TAL is harvested in a given
year. If landings in a given year exceed two-thirds of the TAL, NMFS
would consult with the Council during the following year, and, if the
Council agrees, NMFS would implement a rule to switch the TAL to a
quarterly system for the next year. That is, if two-thirds of the red
hake TAL were landed in 2013, and the Council agreed, quarterly TALs
would be implemented for the start of the 2015 fishing year and would
be maintained until the Council chooses, through specifications or a
Framework Adjustment, to revert back to an annual TAL. The incidental
possession limit trigger (as described in the in-season a.m. section,
below) would be applied for each quarter. The quarterly allocations
would be based on the average proportion of dealer-reported landings
from 2008-2010, as follows:
Table 3--Quarterly Allocations for the Southern Stock Area
----------------------------------------------------------------------------------------------------------------
May-Jul % Aug-Oct % Nov-Jan % Feb-Apr %
----------------------------------------------------------------------------------------------------------------
Southern red hake............................... 33.3 25.3 17.7 23.7
Southern whiting................................ 27 21.4 22.8 28.8
----------------------------------------------------------------------------------------------------------------
Included in this measure is a ``roll-up'' procedure that would be
used for in-season monitoring of the quarterly TALs. In each quarter,
the cumulative landings to date that fishing year would be monitored
against a quarterly TAL represented by the sum of that quarter's
allocation, plus the allocations from prior quarters (e.g., during
quarter 2, the cumulative landings of southern red hake to date would
be monitored against a quota equal to 58.6 percent of the annual TAL,
which is the sum of the quarter 1 allocation of 33.3 percent plus the
quarter 2 allocation of 25.3 percent). The possession limit trigger for
each stock would apply in each quarter, and the incidental possession
limit would remain in effect until the end of that quarter. At the
start of the next quarter, the possession limit would reset to the
appropriate default possession limit. This procedure allows for unused
quota from a quarter to be available immediately to the fleet, without
unnecessary delays from rulemaking to formally transfer quota between
quarters.
4. Accountability Measures
The Secretarial Amendment implemented two types of AMs for the
small-mesh multispecies fishery. The in-season a.m. would reduce the
possession limit to an incidental amount for a stock if 90 percent of
that stock's TAL is projected to be harvested. For both red hake
stocks, the possession limit would be reduced to 400 lb (181 kg), and
for northern silver hake and southern whiting, the possession limit
would be reduced to 1,000 lb (454 kg). In the event that an ACL is
exceeded in a given year, the post-season a.m. implemented in the
Secretarial Amendment would reduce a subsequent year's ACL by the exact
amount, by weight, by which the ACL was exceeded.
In-Season AMs
This final rule maintains the overall structure of the in-season
a.m. (i.e., the 90-percent trigger, with a reduced possession limit),
but changes the incidental possession limit for northern silver hake
and southern whiting from 1,000 lb (454 kg) to 2,000 lb (907 kg), while
maintaining the 400-lb (181-kg) incidental possession limit for both
stocks of red hake.
Post-Season AM
This final rule replaces the post-season AM implemented by the
Secretarial Amendment with one that would decrease the TAL trigger by
the same percentage by which the ACL is exceeded. That is, if an ACL is
exceeded by 5 percent in fishing year 2013, the incidental possession
limit trigger starting in fishing year 2015 would be reduced to 85
percent. An ACL overage that occurred in fishing year 2012 would be
subject to this AM, which would be applied to the 2014 fishing year.
This reduction in the TAL trigger would remain in effect until the
Council chooses to modify it through the specifications process or in a
framework adjustment.
5. Trip Limits
This final rule implements a 5,000-lb (2,268-kg) trip limit for red
hake in both the northern and southern stock areas for all gear types.
This final rule also increases the southern whiting trip limit from
30,000 lb (13,608 kg) to 40,000 lb (18,144 kg) for vessels fishing in
the Southern New England and Mid-Atlantic Exemption Areas using mesh
that is 3 inches (7.62 cm) or greater.
Other Regulatory Changes
This final rule also clarifies some of the regulations governing
the small-mesh multispecies fishery. The language of the regulations
pertaining to the small-mesh multispecies exemption programs were
unclear as to what gear was allowed in these programs. This final rule
clarifies the regulatory language so that it is clear that only a
raised footrope trawl is allowed in the Small Mesh Area I and II
Exemption Programs and the Gulf of Maine Grate Raised Footrope Trawl
Area Exemption Program, and that no other fishing gears may be used
while a vessel is fishing in these exemption programs. The regulations
are further clarified with the
[[Page 20263]]
citation for each of the incidental catch limits for other species in
the small-mesh multispecies exemption programs. An incorrect citation
in the regulations pertaining to small-mesh multispecies transfers-at-
sea is also corrected in this rule.
The proposed rule incorrectly referenced northern silver hake and
southern whiting instead of northern and southern red hake in the
proposed changes to 50 CFR 648.90(b)(2)(i)(C)(1). The regulations in
this final rule correct that error.
Public Comments
NMFS only received two comments to the proposed action. Neither of
these comments resulted in a change to the final rule.
Comments: A comment on the Notice of Availability (October 19,
2012; 77 FR 64303) recommended that NMFS set the quotas to zero for all
of the small-mesh multispecies stocks. A comment was received on the
proposed rule stating that the rule would allow overfishing to
continue.
Response: Neither of these commenters presented credible evidence
in support of their claim. The quotas were developed using the best
available science, which also indicates that overfishing is not
occurring on any of the small-mesh multispecies stocks. In addition,
none of the small-mesh multispecies stocks are overfished. The quotas
implemented by this final rule are consistent with scientific advice
and do not allow for overfishing.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this rule is
consistent with the NE Multispecies FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
Pursuant to section 604 of the Regulatory Flexibility Act (RFA),
this final rule includes a Final Regulatory Flexibility Analysis (FRFA)
in support of Amendment 19 analyzing the rule's impact on small
entities. This FRFA incorporates the IRFA, a summary of the significant
issues raised by the public comments in response to the IRFA, NMFS'
responses to those comments, relevant analyses in the Amendment and its
EA, and a summary of the analyses completed to support the action
implemented through this rule. A copy of the analyses done in the
Amendment and EA is available from the Council (see ADDRESSES). A
summary of the IRFA was published in the proposed rule for this action
and is not repeated here. A description of why this action was
considered, the objectives of, and the legal basis for this rule is
contained in the preamble to the proposed rule and this final rule and
is not repeated here.
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a
Statement of Any Changes Made in the Proposed Rule as a Result of Such
Comments
Two comments were received on the proposed rule and the amendment.
However, neither addressed the IRFA or economic analysis contained in
Amendment 19, and neither resulted in any changes to the rule.
Description and Estimate of Number of Small Entities to Which the Final
Rule Will Apply
This rule affects those vessels and vessel owners that fish for
small-mesh multispecies in the northeast Atlantic Ocean. The Small
Business Administration (SBA) considers commercial fishing entities
(NAICS code 114111) to be small entities if they have no more than $4
million in annual sales, while the size standard for charter/party
operators (part of NAICS cod 487210) is $7 million in sales. The
participants in the commercial small-mesh multispecies fishery are
those vessels issued limited or open access NE multispecies permits
that land any of the small-mesh multispecies. Because any vessel at any
time may be issued an open access NE multispecies permit, it is
difficult to determine how many vessels or owners will participate in
this fishery in a given year. Also, because some firms own more than
one vessel, available data make it difficult to reliably identify
ownership control over more than one vessel. For this analysis, the
number of vessels landing at least 1 lb (0.45 kg) of any of the small-
mesh multispecies (red hake, silver hake, or offshore hake) is
considered to be a maximum estimate of the number of small business
entities. The average number of permitted vessels landing at least 1 lb
(0.45 kg) of small-mesh multispecies from 2005-2010 was 562 vessels per
year. All of the entities (fishing vessels) affected by this action are
considered small entities under the SBA size standards for small
fishing businesses ($4.0 million in annual gross sales). Therefore,
there are no disproportionate effects on small versus large entities.
Information on costs in the fishery is not readily available, and
individual vessel profitability cannot be determined directly;
therefore, expected changes in gross revenues were used as a proxy for
profitability. In general, the economic impacts from the measures
implemented in Amendment 19 are neutral. There may be slightly negative
impacts if the in-season or post-season AMs are triggered. The AMs
would reduce the amount of fish available to the fleet, which in turn
would reduce vessel revenues. On the other hand, there are likely to be
positive long-term impacts on the fishery, as these measures are
intended to ensure the sustainable harvesting of the small-mesh
multispecies stocks. Further, other measures implemented by Amendment
19 are likely to have positive economic impacts, specifically
increasing the incidental trip limit for northern silver hake and
southern whiting should the in-season a.m. be triggered, and increasing
the southern whiting trip limit for vessels using mesh that is 3 in
(7.62 cm) or greater. The implementation of a trip limit for red hake
is likely to have neutral impacts, as the intent of the trip limit is
to cap landings at approximately the current level and discourage
sudden increases in catch.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
There are no compliance requirements associated with this final
rule. The rule clarifies the requirement that vessels landing small-
mesh multispecies must submit their VTRs on a weekly basis, but this is
not a new requirement. This final rule contains reporting and
recordkeeping requirements and associated information collections
subject to the Paperwork Reduction Act that have been previously
approved by OMB under control number 0648-0212.
This final rule does not duplicate, overlap, or conflict with other
Federal rules.
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
The management measures implemented in Amendment 19 were developed
to improve the overall management of the small-mesh multispecies
fishery. None of the measures being implemented in Amendment 19 reduces
fishing opportunities or flexibility. These measures promote efficiency
within the
[[Page 20264]]
fishery by increasing trip limits or reduce waste associated with
regulatory discards by establishing incidental and year-round
possession limits that take into account the existing behavior of the
fleet and setting the possession limits at or above the current,
market-driven level.
Therefore, by implementing management measures that provide
flexibility and efficiency and reduce waste, NMFS has taken the steps
necessary to minimize the impacts of this action on small entities
consistent with the stated objectives of applicable statutes.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, a letter to permit holders that also serves as
small entity compliance guide (the guide) was prepared. Copies of this
final rule are available from the Northeast Regional Office, and the
guide, i.e., permit holder letter, will be sent to all holders of
permits for the Northeast multispecies fishery. The guide and this
final rule will be available upon request, and posted on the Northeast
Regional Office's Web site at www.nero.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 29, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons stated 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. 648.7, paragraph (f)(2)(i) is revised to read as follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(f) * * *
(2) Fishing vessel log reports. (i) For any vessel not issued a NE
multispecies permit, Atlantic herring permit, or Tier 3 Limited Access
mackerel permit, fishing vessel log reports, required by paragraph
(b)(1)(i) of this section, must be postmarked or received by NMFS
within 15 days after the end of the reporting month. If no fishing trip
is made during a particular month for such a vessel, a report stating
so must be submitted, as instructed by the Regional Administrator. For
any vessel issued a NE multispecies permit, including vessels fishing
for small-mesh multispecies or whiting, an Atlantic herring permit, or
a Tier 3 Limited Access mackerel permit, fishing vessel log reports
must be postmarked or received by midnight of the first Tuesday
following the end of the reporting week. If no fishing trip is made
during a reporting week for such a vessel, a report stating so must be
submitted and received by NMFS by midnight of the first Tuesday
following the end of the reporting week, as instructed by the Regional
Administrator. For the purposes of this paragraph (f)(2)(i), the date
when fish are offloaded will establish the reporting week or month that
the VTR must be submitted to NMFS, as appropriate. Any fishing activity
during a particular reporting week (i.e., starting a trip, landing, or
offloading catch) will constitute fishing during that reporting week
and will eliminate the need to submit a negative fishing report to NMFS
for that reporting week. For example, if a vessel issued a NE
multispecies permit, Atlantic herring permit, or Tier 3 Limited Access
Mackerel Vessel begins a fishing trip on Wednesday, but returns to port
and offloads its catch on the following Thursday (i.e., after a trip
lasting 8 days), the VTR for the fishing trip would need to be
submitted by midnight Tuesday of the third week, but a negative report
(i.e., a ``did not fish'' report) would not be required for either
earlier week.
* * * * *
0
3. In Sec. 648.13, paragraph (e) is revised to read as follows:
Sec. 648.13 Transfers at sea.
* * * * *
(e) Vessels issued a letter of authorization from the Regional
Administrator to transfer small-mesh multispecies at sea for use as
bait will automatically have 500 lb (226.8 kg) deducted from the
vessel's combined silver hake and offshore hake possession limit, as
specified under Sec. 648.86(d), for every trip during the
participation period specified on the letter of authorization,
regardless of whether a transfer of small-mesh multispecies at sea
occurred or whether the actual amount that was transferred was less
than 500 lb (226.8 kg). This deduction shall be noted on the
transferring vessel's letter of authorization from the Regional
Administrator.
* * * * *
0
4. In Sec. 648.80, paragraphs (a)(6)(i)(B), (a)(6)(i)(F),
(a)(9)(i)(A), (a)(9)(ii), (a)(15)(i)(B), (a)(16)(i)(A), and
(a)(16)(ii)(A) are revised to read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
(a) * * *
(6) * * *
(i) * * *
(B) An owner or operator of a vessel fishing in this area may not
fish for, possess on board, or land any species of fish other than
whiting and offshore hake combined--up to a maximum of 30,000 lb
(13,608 kg), except for the following, with the restrictions noted, as
allowable incidental species: Atlantic herring, up to the amount
specified in Sec. 648.204; longhorn sculpin; squid, butterfish, and
Atlantic mackerel, up to the amounts specified in Sec. 648.26; spiny
dogfish, up to the amount specified in Sec. 648.235; red hake, up to
the amount specified in Sec. 648.86(d), monkfish and monkfish parts--
up to 10 percent, by weight, of all other species on board or up to 50
lb (23 kg) tail-weight/166 lb (75 kg) whole-weight of monkfish per
trip, as specified in Sec. 648.94(c)(4), whichever is less; and
American lobster--up to 10 percent, by weight, of all other species on
board or 200 lobsters, whichever is less, unless otherwise restricted
by landing limits specified in Sec. 697.17 of this chapter.
* * * * *
(F) A vessel fishing in the Cultivator Shoal Whiting Fishery
Exemption Area may fish for small-mesh multispecies in exempted
fisheries outside of the Cultivator Shoal Whiting Fishery Exemption
Area, provided that the vessel complies with the more restrictive gear,
possession limit, and other requirements specified in the regulations
of that exempted fishery for the entire participation period specified
on the vessel's letter of authorization and consistent with paragraph
(a)(15)(i)(G) of this section. For example, a vessel may fish in both
the Cultivator
[[Page 20265]]
Shoal Whiting Fishery Exemption Area and the Southern New England or
Mid-Atlantic Exemption Areas, and would be restricted to a minimum mesh
size of 3 in (7.62 cm) and a maximum trip limit of 30,000 lb (13,607.77
kg) for silver hake and offshore hake, combined, as required in the
Cultivator Shoal Whiting Fishery Exemption Area.
* * * * *
(9) Small Mesh Area 1/Small Mesh Area 2--(i) Description. (A)
Unless otherwise prohibited in Sec. 648.81, a vessel subject to the
minimum mesh size restrictions specified in paragraphs (a)(3) or (4) of
this section may fish with or possess nets with a mesh size smaller
than the minimum size, provided the vessel complies with the
requirements of paragraphs (a)(5)(ii) or (a)(9)(ii) of this section,
and Sec. 648.86(d), from July 15 through November 15, when fishing in
Small Mesh Area 1; and from January 1 through June 30, when fishing in
Small Mesh Area 2. While lawfully fishing in these areas with mesh
smaller than the minimum size, an owner or operator of any vessel may
not fish for, possess on board, or land any species of fish other than:
Silver hake and offshore hake, combined, and red hake--up to the
amounts specified in Sec. 648.86(d); butterfish, Atlantic mackerel,
squid, up the amounts specified in Sec. 648.26; spiny dogfish, up to
the amount specified in Sec. 648.235; Atlantic herring, up to the
amount specified in Sec. 648.204; and scup, up to the amount specified
in Sec. 648.128.
* * * * *
(ii) Raised footrope trawl. Vessels fishing in the Small Mesh Areas
I and II Exemption Programs described in Sec. 648.80(a)(9)) must
configure the vessel's gear with a raised footrope trawl, configured in
such a way that, when towed, the gear is not in contact with the ocean
bottom. Vessels are presumed to be fishing in such a manner if their
trawl gear is designed as specified in paragraphs (a)(9)(ii)(A) through
(D) of this section and is towed so that it does not come into contact
with the ocean bottom.
* * * * *
(15) * * *
(i) * * *
(B) All nets must be no smaller than a minimum mesh size of 2.5-in
(6.35-cm) square or diamond mesh, subject to the restrictions as
specified in paragraph (a)(15)(i)(D) of this section. An owner or
operator of a vessel enrolled in the raised footrope whiting fishery
may not fish for, possess on board, or land any species of fish other
than silver hake, offshore hake, and red hake, subject to the
applicable possession limits as specified in Sec. 648.86(d), except
for the following allowable incidental species: Butterfish, Atlantic
mackerel, and squid, up to the amounts specified in Sec. 648.26; scup,
up to the amount specified in Sec. 648.128; spiny dogfish, up to the
amount specified in Sec. 648.235, and Atlantic herring, up to the
amount specified in Sec. 648.204.
* * * * *
(16) * * *
(i) Mesh requirements and possession restrictions. (A) All nets
must comply with a minimum mesh size of 2.5-in (6.35-cm) square or
diamond mesh, subject to the restrictions specified in paragraph
(a)(16)(i)(B) of this section. An owner or operator of a vessel
participating in the GOM Grate Raised Footrope Trawl Exempted Whiting
Fishery may not fish for, possess on board, or land any species of
fish, other than silver hake and offshore hake, subject to the
applicable possession limits as specified in paragraph (a)(16)(i)(C) of
this section, and red hake, subject to the possession limit specified
in Sec. 648.86, except for the following allowable incidental species:
Butterfish, Atlantic mackerel, and squid, up to the amounts specified
in Sec. 648.26; Atlantic herring, up to the amount specified in Sec.
648.204; and alewife.
* * * * *
(ii) * * *
(A) An owner or operator of a vessel fishing in the GOM Grate
Raised Footrope Trawl Exempted Whiting Fishery must configure the
vessel's gear with a raised footrope trawl as specified in paragraphs
(a)(9)(ii)(A) through (C) of this section. In addition, the
restrictions specified in paragraphs (a)(16)(ii)(B) and (C) of this
section apply to vessels fishing in the GOM Grate Raised Footrope Trawl
Exempted Whiting Fishery.
* * * * *
0
5. In Sec. 648.86, paragraphs (d)(1)(i) introductory text, (d)(1)(ii)
introductory text, (d)(1)(iii) introductory text, and (d)(4)(ii) are
revised 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 vessel may possess and
land not more than 5,000 lb (2,268 kg) of red hake, and 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).
Owners or operators 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 5,000 lb (2,268 kg) of red hake, and 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
5,000 lb (2,268 kg) of red hake, and 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:
* * * * *
(4) * * *
(ii) Silver hake and offshore hake. If a possession limit reduction
is needed for a stock area, the incidental possession limit for silver
hake and offshore hake, combined, in that stock area will be 2,000 lb
(907 kg) for the remainder of the fishing year.
* * * * *
0
6. In Sec. 648.90, paragraphs (b)(1) introductory text, (b)(1)(i)
through (iii), (b)(1)(iv)(A), (b)(2) introductory text, (b)(2)(i)(C),
(b)(2)(ii)(C), (b)(3), (b)(4), (b)(5)(ii), and (c)(1) are revised to
read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * * * *
(b) Small-mesh multispecies--(1) Three-year specifications process,
annual review, and specifications package. The Council shall specify on
at least a 3-year basis the OFL, ABC, ACLs, and TALs for each small-
mesh multispecies stock in accordance with the following process.
(i) At least every 3 years, based on the annual review, described
below in paragraph (b)(3) of this section, and/or the specifications
package, described in paragraph (b)(4) of this section, recommendations
for ABC from the
[[Page 20266]]
SSC, and any other relevant information, the Whiting PDT shall
recommend to the Whiting Oversight Committee and Council specifications
including the OFL, ABC, ACL, and TAL for each small-mesh multispecies
stock for a period of at least 3 years. The Whiting PDT and the Council
shall follow the process in paragraph (b)(2) of this section for
setting these specifications.
(ii) The Whiting PDT, after reviewing the available information on
the status of the stock and the fishery, may recommend to the Council
any measures necessary to assure that the specifications will not be
exceeded, as well as changes to the appropriate specifications.
(iii) Taking into account the annual review and/or specifications
package described in paragraphs (b)(2) and (b)(4), respectively, of
this section, the advice of the SSC, and any other relevant
information, the Whiting PDT may also recommend to the Whiting
Oversight Committee and Council changes to stock status determination
criteria and associated thresholds based on the best scientific
information available, including information from peer-reviewed stock
assessments of small-mesh multispecies. These adjustments may be
included in the Council's specifications for the small-mesh
multispecies fishery.
(iv) Council recommendation. (A) The Council shall review the
recommendations of the Whiting PDT, Whiting Oversight Committee, and
SSC, any public comment received thereon, and any other relevant
information, and make a recommendation to the Regional Administrator on
appropriate specifications and any measures necessary to assure that
the specifications will not be exceeded.
* * * * *
(2) Process for specifying ABCs, ACLs, and TALs. The Whiting PDT
shall calculate the OFL and ABC values for each small-mesh multispecies
stock based on the control rules established in the FMP. These
calculations shall be reviewed by the SSC, guided by terms of reference
developed by the Council. The ACLs and TALs shall be calculated based
on the SSC's approved ABCs, as specified in paragraphs (a)(2)(i)(A)
through (C), and (a)(2)(ii)(A) through (C) of this section.
(i) * * *
(C) TALs. (1) The red hake TALs are equal to the northern red hake
and southern red hake ACLs minus a discard estimate based on the most
recent 3 years of data and then reduced by 3 percent to account for
silver hake and offshore hake landings that occur in state waters.
(2) If more than two-thirds of the southern red hake TAL is
harvested in a single year, the Regional Administrator shall consult
with the Council and will consider implementing quarterly TALs in the
following fishing year, as proscribed in the FMP and in a manner
consistent with the requirements of the Administrative Procedure Act.
* * * * *
(ii) * * *
(C) TALs. (1) The northern silver hake and southern whiting TALs
are equal to the northern silver hake and southern whiting ACLs minus a
discard estimate based on the most recent 3 years of data and then
reduced by 3 percent to account for silver hake and offshore hake
landings that occur in state waters.
(2) If more than two-thirds of the southern whiting TAL is
harvested in a single year, the Regional Administrator shall consult
with the Council and will consider implementing quarterly TALs in the
following fishing year, as proscribed in the FMP and in a manner
consistent with the requirements of the Administrative Procedure Act.
* * * * *
(3) Annual Review. (i) Using a report provided by NMFS that
includes trends in the fishery, changes in stock biomass, and total
catch data, the Whiting PDT shall meet at least once annually to review
the status of the stock and the fishery and the adequacy of the 3-year
specifications. Based on such review, the PDT shall provide a report to
the Council on any changes or new information about the small-mesh
multispecies stocks and/or fishery, and it shall recommend whether the
specifications for the upcoming year(s), established pursuant to
paragraph (b)(1) of this section, need to be modified. At a minimum,
this review should include a review of at least the following data, if
available: Commercial catch data; discards; stock status (exploitation
rate and survey biomass); sea sampling, port sampling, and survey data
or, if sea sampling data are unavailable, length frequency information
from port sampling and/or surveys; impact of other fisheries on the
mortality of small-mesh multispecies; and any other relevant
information.
(ii) If new and/or additional information becomes available, the
Whiting PDT shall consider it during this annual review. Based on this
review, the Whiting PDT shall provide guidance to the Whiting Oversight
Committee and the Council regarding the need to adjust measures for the
small-mesh multispecies fishery to better achieve the FMP's objectives.
After considering this guidance, the Council may submit to NMFS its
recommendations for changes to management measures, as appropriate,
through the specifications process described in this section, the
process specified in paragraph (c) of this section, or through an
amendment to the FMP.
(4) Specifications Package. (i) The Whiting PDT shall prepare a
specification package, including a SAFE Report, at least every 3 years.
Based on the specification package, the Whiting PDT shall develop and
present to the Council recommended specifications as defined in
paragraph (a) of this section for up to 3 fishing years. The
specifications package shall be the primary vehicle for the
presentation of all updated biological and socio-economic information
regarding the small-mesh multispecies fishery. The specifications
package shall provide source data for any adjustments to the management
measures that may be needed to continue to meet the goals and
objectives of the FMP.
(ii) In any year in which a specifications package, including a
SAFE Report, is not completed by the Whiting PDT, the annual review
process described in paragraph (a) of this section shall be used to
recommend any necessary adjustments to specifications and/or management
measures in the FMP.
(5) * * *
(ii) Post-season adjustment for an overage. If NMFS determines that
a small-mesh multispecies ACL was exceeded in a given fishing year, the
in-season accountability measure adjustment trigger, as specified in
paragraph (b)(5)(i) of this section, shall be reduced in a subsequent
fishing year by 1 percent for each 1 percent by which the ACL was
exceeded through notification consistent with the Administrative
Procedure Act. For example, if the in-season adjustment trigger is 90
percent, and an ACL is exceeded by 5 percent, the adjustment trigger
for the stock whose ACL was exceeded would be reduced to 85 percent for
subsequent fishing years.
* * * * *
(c) * * *
(1) Adjustment process. (i) After a management action has been
initiated, the Council shall develop and analyze appropriate management
actions over the span of at least two Council meetings. The Council
shall provide the public with advance notice of the availability of
both the proposals and
[[Page 20267]]
the analyses and opportunity to comment on them prior to and at the
second Council meeting. The Council's recommendation on adjustments or
additions to management measures, other than to address gear conflicts,
must come from one or more of the following categories: DAS changes;
effort monitoring; data reporting; possession limits; gear
restrictions; closed areas; permitting restrictions; crew limits;
minimum fish sizes; onboard observers; minimum hook size and hook
style; the use of crucifer in the hook-gear fishery; sector
requirements; recreational fishing measures; area closures and other
appropriate measures to mitigate marine mammal entanglements and
interactions; description and identification of EFH; fishing gear
management measures to protect EFH; designation of habitat areas of
particular concern within EFH; and any other management measures
currently included in the FMP.
(ii) The Council's recommendation on adjustments or additions to
management measures pertaining to small-mesh NE multispecies, other
than to address gear conflicts, must come from one or more of the
following categories: Quotas and appropriate seasonal adjustments for
vessels fishing in experimental or exempted fisheries that use small
mesh in combination with a separator trawl/grate (if applicable);
modifications to separator grate (if applicable) and mesh
configurations for fishing for small-mesh NE multispecies; adjustments
to whiting stock boundaries for management purposes; adjustments for
fisheries exempted from minimum mesh requirements to fish for small-
mesh NE multispecies (if applicable); season adjustments; declarations;
participation requirements for any of the Gulf of Maine/Georges Bank
small-mesh multispecies exemption areas; OFL and ABC values; ACL, TAL,
or TAL allocations, including the proportions used to allocate by
season or area; small-mesh multispecies possession limits, including
in-season AM possession limits; changes to reporting requirements and
methods to monitor the fishery; and biological reference points,
including selected reference time series, survey strata used to
calculate biomass, and the selected survey for status determination.
(iii) Adjustment process for whiting DAS. The Council may develop
recommendations for a whiting DAS effort reduction program through the
framework process outlined in paragraph (c) of this section only if
these options are accompanied by a full set of public hearings that
span the area affected by the proposed measures in order to provide
adequate opportunity for public comment.
* * * * *
[FR Doc. 2013-07865 Filed 4-3-13; 8:45 am]
BILLING CODE 3510-22-P