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