Fisheries of the Northeastern United States; 2018-2020 Small-Mesh Multispecies Specifications, 27713-27716 [2018-12780]
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Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997); nor is it considered a
regulatory action under Executive Order
13771, entitled ‘‘Reducing Regulations
and Controlling Regulatory Costs’’ (82
FR 9339, February 3, 2017). This action
does not contain any information
collections subject to OMB approval
under the Paperwork Reduction Act
(PRA), 44 U.S.C. 3501 et seq., nor does
it require any special considerations
under Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance exemption in this action,
do not require the issuance of a
proposed rule, the requirements of the
Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.) do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes. As a result,
this action does not alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
EPA has determined that this action will
not have a substantial direct effect on
States or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, EPA has determined that
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000), do not apply
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
EPA’s consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
V. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
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submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: May 29, 2018.
Richard P. Keigwin, Jr.,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Add § 180.1356 to subpart D to read
as follows:
■
§ 180.1356 Extract of Swinglea glutinosa;
exemption from the requirement of a
tolerance.
Residues of the biochemical pesticide
Extract of Swinglea glutinosa are exempt
from the requirement of a tolerance in
or on all food commodities when
applied pre-harvest in accordance with
label directions and good agricultural
practices.
[FR Doc. 2018–12809 Filed 6–13–18; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 180209147–8509–02]
RIN 0648–BH76
Fisheries of the Northeastern United
States; 2018–2020 Small-Mesh
Multispecies Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues final 2018 and
projected 2019–2020 specifications for
the small-mesh multispecies fishery,
and corrects an error from a previous
action. The specifications are necessary
SUMMARY:
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to establish allowable catch limits for
each stock within the fishery to control
overfishing while allowing optimum
yield, consistent with the MagnusonStevens Fishery Conservation and
Management Act. The intent of this
action is to inform the public of these
specifications for the 2018 fishing year,
projected specifications for 2019–2020,
and the regulatory correction.
DATES: Effective June 14, 2018, through
April 30, 2019.
ADDRESSES: Copies of these
specifications, including the
Environmental Assessment (EA),
Regulatory Flexibility Act Analyses, and
other supporting documents for the
action, are available upon request from
Thomas A. Nies, Executive Director,
New England Fishery Management
Council, Mid-Atlantic Fishery
Management Council, 50 Water Street,
Newburyport, MA 01950. These
documents are also accessible via the
internet at www.nefmc.org.
FOR FURTHER INFORMATION CONTACT:
Cynthia Hanson, Fishery Management
Specialist, (978) 281–9180.
SUPPLEMENTARY INFORMATION:
Background
The small-mesh multispecies fishery
is managed by the New England Fishery
Management Council within the
Northeast Multispecies Fishery
Management Plan (FMP). The fishery is
composed of five stocks of three species
of hakes: Northern silver hake; southern
silver hake; northern red hake; southern
red hake; and offshore hake. Southern
silver hake and offshore hake are often
grouped together and collectively
referred to as ‘‘southern whiting.’’
Amendment 19 to the FMP (78 FR
20260; April 4, 2013) established a
process and framework for setting catch
specifications for the small-mesh
fishery. The FMP requires the
specification of an overfishing limit
(OFL), acceptable biological catch
(ABC), annual catch limit (ACL), and
total allowable landings (TAL) for each
stock within the fishery for up to three
years at a time, based on the most recent
stock projections for upcoming years.
This action implements the Council’s
recommended small-mesh multispecies
specifications for the 2018 fishing year,
announces projected 2019 and 2020
specifications as recommended by the
Council, and makes a minor regulatory
correction.
The proposed rule for this action
published in the Federal Register on
April 12, 2018 (83 FR 15780), and
comments were accepted through April
27, 2018. Additional background
information regarding the development
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Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations
of these specifications was provided in
the proposed rule (83 FR 15780; April
12, 2018) and is not repeated here.
Final Specifications
This action implements the final 2018
and projected 2019–2020 small-mesh
multispecies specifications as proposed
(Table 1). All other management
measures in the small-mesh
multispecies fishery (such as possession
limits) will remain unchanged. By
providing projected quotas for 2019 and
2020, NMFS hopes to assist fishery
participants in planning ahead. The
Council will review these specifications
annually, and NMFS will provide notice
prior to each fishing year to announce
any necessary changes for 2019 and
2020. For more information on the
Council’s recommendations and
decision-making process, please see the
proposed rule (83 FR 15780).
TABLE 1—SMALL-MESH MULTISPECIES SPECIFICATIONS FOR FISHING YEARS 2018–2020, WITH PERCENT CHANGE FROM
2017, IN METRIC TONS
OFL
Northern Silver Hake ...............................
Northern Red Hake ..................................
Southern Whiting .....................................
Southern Red Hake .................................
58,350
840
31,180
1,150
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Regulatory Correction
This action also corrects regulatory
text specifying the red hake possession
limits in the southern small-mesh
exemption areas (Southern New
England and Mid-Atlantic Exemption
Areas). In the 2015–2017 specifications
for this fishery (May 28, 2015; 80 FR
30379), we implemented a new 3,000-lb
(1,361-kg) red hake possession limit for
the northern exemption areas, but we
did not specify that the possession limit
in the southern areas would remain
5,000 lb (2,268 kg). This action revises
the regulations to specify the 5,000-lb
(2,268-kg) possession limit for red hake
harvested in the southern small-mesh
exemption areas, as originally intended
by the Council.
Comments and Responses
The public comment period for the
proposed rule ended on April 27, 2018.
We received three comments from the
public on this rule. One commenter
asked how the input of the active
fishing community contributed to the
development of these specifications.
These specifications were developed
through the Council process, which
involved multiple discussions at public
Council meetings (such as meetings on
June 20, 2017, in Portland, ME; on
September 26, 2017, in Gloucester, MA;
and on December 7, 2017, in Newport,
RI) where concerns and interests of the
active fishing community were
considered. Active members of the
fishing community also sit on the SmallMesh Multispecies (Whiting) Advisory
Panel, which makes recommendations
on management of the fishery to the
Council and its Small-Mesh
Multispecies Committee. The public
comment period announced by the
proposed rule was another opportunity
for fishermen to offer suggestions and
improvements to the specifications. The
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ABC
ACL
31,030
721
19,395
1,060
29,475
685
18,425
1,007
other two comments were not relevant
either to this action or to fisheries in
general and did not warrant a response.
No changes to the proposed
specifications were made as a result of
these comments.
Changes From the Proposed Rule
There are no substantive changes from
the proposed rule.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined
that this final rule is consistent with the
Small-Mesh Multispecies FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
This final rule does not duplicate,
conflict, or overlap with any existing
Federal rules.
This action does not contain a
collection of information requirement
for purposes of the Paperwork
Reduction Act.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delay in the date of effectiveness
for this rule, to ensure that the final
specifications are in place as close as
practicable to the start of the 2018
small-mesh multispecies fishing year,
which began on May 1, 2018. This
action establishes the final
specifications (i.e., annual catch limits)
for the small-mesh multispecies fishery
for the 2018 fishing year. A delay in
effectiveness well beyond the start of
the 2018 fishing year would be contrary
to the public interest, as it could create
confusion and potential economic harm
to the commercial small-mesh
multispecies industry. Additionally, it
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Percent
change
+27
+45
¥35
¥38
TAL
26,604
274
14,465
305
Percent
change
+33
+128
¥39
¥59
could compromise the effectiveness of
the new specifications in achieving
optimal yield and preventing
overfishing.
This rule is being issued at the earliest
possible date. Preparation of the
proposed rule was dependent on the
submission of the EA, in support of the
specifications, that is developed by the
Council. A complete specifications
document and accompanying EA was
received by NMFS in late January 2018.
Documentation in support of the
Council’s recommended specifications
is required for NMFS to provide the
public with information from the
environmental and economic analyses,
as required in rulemaking, and to
evaluate the consistency of the
Council’s recommendation with the
Magnuson-Stevens Act and other
applicable law. The proposed rule
published on April 12, 2018, with a 15day comment period ending April 27,
2018.
Although the specifications from 2017
are carried into 2018 until the new catch
limits are implemented, the Council has
recommended changes based on the
most recent assessment of the four main
small-mesh multispecies stocks that
should be in place as soon as possible.
Harvest occurring within the first weeks
of the fishing year based on old catch
limits could be detrimental to southern
hake stocks, including southern red
hake, which is experiencing overfishing.
Furthermore, this action increases the
northern silver hake quota by 33 percent
and increases northern red hake quota
by 128 percent, providing federally
permitted vessels additional harvest
opportunity for the 2018 fishing year.
The timely implementation of these
specifications will help to ensure that
the industry has the opportunity to
achieve optimal yield in the fishery, and
to access the increased quotas for the
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Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations
northern stocks. It is also important to
implement the lower southern stock
catch limits as soon as possible to avoid
the potential for overfishing. The
commercial whiting industry has been
involved in the development of these
specifications and is anticipating this
rule. Therefore, there would be no
benefit to delaying the implementation
of these specifications. For these
reasons, we find that there is good cause
to waive the 30-day delay in the date of
effectiveness.
Final Regulatory Flexibility Analysis
The final regulatory flexibility
analysis (FRFA) included in this final
rule was prepared consistent with 5
U.S.C. 604(a), and incorporates the
initial regulatory flexibility analysis
(IRFA) and a summary of analyses
completed to support the action. A
public copy of the environmental
assessment/IRFA is available from the
Council (see ADDRESSES). The preamble
to the proposed rule included a detailed
summary of the analyses contained in
the IRFA, and that discussion is not
repeated here.
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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
Final Rule as a Result of Such
Comments
NMFS did not receive any comments
in response to the IRFA or regulatory
flexibility analysis (RFA) process. Refer
to the ‘‘Comments and Responses’’
section of this rule’s preamble for more
detail on the public comments that were
received. No changes to the proposed
rule were required to be made as a result
of public comment.
Description and Estimate of Number of
Small Entities to Which the Rule Would
Apply
This final rule affects small entities
engaged in commercial fishing
operations within the small-mesh
multispecies fishery that is a subset of
the northeast multispecies fishery. For
the purposes of the RFA analysis, the
ownership entities (or firms), not the
individual vessels, are considered to be
the regulated entities. Because of this,
some vessels with northeast
multispecies permits may be considered
to be part of the same firm because they
may have the same owners. In terms of
RFA, a business primarily engaged in
commercial fishing activity is classified
as a small business if it has combined
annual gross receipts not in excess of
$11 million (NAICS 11411) for all its
affiliated operations worldwide. To
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identify these small and large firms,
vessel ownership data from the permit
database were grouped according to
common owners and sorted by size. The
current ownership data set used for this
analysis is based on calendar year 2016
(the most recent complete year
available) and contains average gross
sales associated with those permits for
calendar years 2014 through 2016.
The small-mesh exempted fishery
allows vessels to harvest species in
designated areas using mesh sizes
smaller than the minimum mesh size
required by Regulated Mesh Area (RMA)
regulations. To participate in the smallmesh multispecies exempted fishery,
vessels must possess either a limited
access multispecies permit (categories
A, C, D, E or F) or an open access
multispecies permit (category K).
Limited access multispecies permit
holders can target small-mesh
multispecies with different possession
limit requirements depending on fishing
region and mesh size used. Open access,
Category K permit holders may fish for
small-mesh multispecies when
participating in an exempted fishing
program. Therefore, entities holding one
or more multispecies permits (permit
type A, C–F, K) are the entities that have
the potential to be directly impacted by
this action. According to the
commercial database, there were 853
distinct ownership entities, based on
entities’ participation during the 2014–
2016 time-period, that could potentially
target small-mesh multispecies. This
includes entities that could not be
classified into a business type because
they did not earn revenue from landing
and selling fish in 2014–2016 and thus
are considered to be small. Of the 853
total firms, 844 are categorized as small
business entities and nine are
categorized as large businesses.
While 853 commercial entities have
the potential to be impacted by the
proposed action, not all of these entities
actively land small-mesh multispecies
for commercial sale. There are 406
distinct entities that commercially sold
small-mesh multispecies from 2014–
2016 and may be directly affected by the
proposed action. Of those, 404 are
categorized as small businesses.
Description of Projected Reporting,
Recordkeeping, and Other Compliance
Requirements
No additional reporting,
recordkeeping, or other compliance
requirements are included in this final
rule.
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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
Specification of commercial catch
limits is constrained by the conservation
objectives of in the FMP and
implemented at 50 CFR part 648 under
the Magnuson-Stevens Act. This action
implements final 2018 and projected
2019–2020 commercial catch
specifications for the small-mesh
multispecies fishery based on the most
recent stock assessment update. The
Council also considered taking no
action, where the same catch limits and
specifications from 2017 would
continue into 2018 with no change.
Only these two alternatives were
considered by the Council. The
alternative status quo specifications do
not address the overfishing and
overfished designations raised by the
2017 stock assessment update, and thus
do not meet the Magnuson-Stevens Act
requirements. The specifications
implemented by this final rule minimize
the economic impacts on small entities
to the extent practicable while adhering
to the conservation requirements of the
Magnuson-Stevens Act. As described in
the proposed rule for this action, we do
not anticipate these specifications to
have a significant impact on those small
entities to which this final rule would
apply.
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 was prepared and
will be sent to all holders of Federal
permits issued for the small-mesh
multispecies fishery. In addition, copies
of this final rule and guide (i.e., permit
holder letter) are available from NMFS
at the following website: www.greater
atlantic.fisheries.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
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Federal Register / Vol. 83, No. 115 / Thursday, June 14, 2018 / Rules and Regulations
Dated: June 11, 2018.
Donna S. Wieting,
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
possess and land not more than 3,000 lb
(1,361 kg) of red hake when fishing in
the GOM or GB Exemption areas, as
described in § 648.80(a), and not more
than 5,000 lb (2,268 kg) of red hake
when fishing in the SNE or MA
Exemption Areas, as described in
§ 648.80(b)(10) and (c)(5), respectively.
*
*
*
*
*
[FR Doc. 2018–12780 Filed 6–13–18; 8:45 am]
BILLING CODE 3510–22–P
1. The authority citation for part 648
continues to read as follows:
■
DEPARTMENT OF COMMERCE
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.86, revise the introductory
text of paragraphs of (d)(1)(i), (ii), and
(iii) and add paragraph (d)(1)(v) to read
as follows:
■
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RIN 0648–BH60
*
*
*
*
(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 3,500 lb (1,588 kg) of combined
silver hake and offshore hake, if either
of the following conditions apply:
*
*
*
*
*
(ii) Vessels possessing on board or
using nets of mesh size equal to or
greater than 2.5 in (6.35 cm) but less
than 3 in (7.62 cm). An owner or
operator of a vessel that is not subject
to the possession limit specified in
paragraph (d)(1)(i) of this section may
possess and land not more than 7,500 lb
(3,402 kg) of combined silver hake and
offshore hake if either of the following
conditions apply:
*
*
*
*
*
(iii) Vessels possessing on board or
using nets of mesh size equal to or
greater than 3 in (7.62 cm). An owner
or operator of a vessel that is not subject
to the possession limits specified in
paragraphs (d)(1)(i) and (ii) of this
section may possess and land not more
than 30,000 lb (13,608 kg) of combined
silver hake and offshore hake when
fishing in the GOM or GB 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 SNE or MA
Exemption Areas, as described in
§ 648.80(b)(10) and (c)(5), respectively,
if both of the following conditions
apply:
*
*
*
*
*
(v) Possession limits for red hake.
Vessels participating in the small-mesh
multispecies fishery consistent with
paragraph (d)(1) of this section, may
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50 CFR Part 665
[Docket No. 180202114–8513–02]
§ 648.86 NE Multispecies possession
restrictions.
*
National Oceanic and Atmospheric
Administration
Pacific Island Fisheries; 5-Year
Extension of Moratorium on Harvest of
Gold Corals
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This final rule extends the
region-wide moratorium on the harvest
of gold corals in the U.S. Pacific Islands
through June 30, 2023. NMFS intends
this final rule to prevent overfishing and
to stimulate research on gold corals.
DATES: This rule is effective July 16,
2018.
SUMMARY:
Background information on
Pacific Island precious coral fisheries is
found in the fishery ecosystem plans
available from the Western Pacific
Fishery Management Council (Council),
1164 Bishop St., Suite 1400, Honolulu,
HI 96813, tel (808) 522–8220, fax (808)
522–8226, or www.wpcouncil.org.
FOR FURTHER INFORMATION CONTACT: Kate
Taylor, NMFS PIR Sustainable
Fisheries, (808)725–5182.
SUPPLEMENTARY INFORMATION: Precious
corals (also called deep-sea corals)
include black, pink, red, bamboo, and
gold corals, and are harvested for use in
high quality jewelry. NMFS and the
Council manage the fishery for precious
corals in the U.S. Pacific Islands under
fishery ecosystem plans (FEP) for
American Samoa, Hawaii, the Mariana
Archipelago (Guam and the Northern
Mariana Islands), and the Pacific
Remote Islands Area. The U.S. fishery
for gold corals in the Pacific Islands has
been dormant since 2001.
In 2008, the Council recommended,
and NMFS implemented, a five-year
ADDRESSES:
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moratorium on the harvest of gold corals
in the Pacific Islands Region (73 FR
47098, August 13, 2008). The measure
was a precautionary response to
research that suggested that gold coral
growth rates and recruitment were
much lower than previously known.
The Council considered additional
research in 2012 that included refined
gold coral growth rates and the
identification of previously unknown
habitat requirements. Based on that
information, in 2013 the Council
recommended that NMFS extend the
moratorium for five years, which the
agency did in May 2013 (78 FR 32181,
May 29, 2013).
The current moratorium is scheduled
to expire on June 30, 2018, but the
Council continues to be concerned
about uncertainties related to slow gold
coral growth rates, taxonomy, and
complex habitat requirements.
Extending the moratorium another five
years will provide additional time for
further research and for the Council to
develop sustainable management
measures for gold corals. Based on the
Council’s concerns, NMFS is extending
the moratorium on harvesting gold
corals for five years, through June 30,
2023.
Additional background information
on this action is in the preamble to the
proposed rule (83 FR 18260, April 26,
2018).
Comments and Responses
On April 26, 2018, NMFS published
a proposed rule and request for public
comments (83 FR 18260). The comment
period ended May 11, 2018. NMFS
received input from four commenters,
all generally in support of the rule. We
respond below to specific comments.
Comment 1: Additional research on
gold coral growth rates would help
develop sustainable catch levels in the
future.
Response: NMFS agrees research is
needed on the biology of gold corals to
quantify the impacts of possible future
harvesting on these coral species.
Extending the moratorium may
stimulate this needed research.
Comment 2: NMFS should reduce
harvest effort gradually until the longterm optimal level is achieved and gold
corals are allowed to recover.
Response: Prior to the implementation
of the first moratorium in 2008, the gold
coral fishery was regulated by an annual
harvest quota of 240 kg. This quota was
divided between two coral beds located
in the main Hawaiian Islands (20 kg
each), and two coral beds located in the
Northwestern Hawaiian Islands (33.5
and 66.5 kg). The Council considered a
range of new management alternatives
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]]>Agencies
[Federal Register Volume 83, Number 115 (Thursday, June 14, 2018)]
[Rules and Regulations]
[Pages 27713-27716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12780]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 180209147-8509-02]
RIN 0648-BH76
Fisheries of the Northeastern United States; 2018-2020 Small-Mesh
Multispecies Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS issues final 2018 and projected 2019-2020 specifications
for the small-mesh multispecies fishery, and corrects an error from a
previous action. The specifications are necessary to establish
allowable catch limits for each stock within the fishery to control
overfishing while allowing optimum yield, consistent with the Magnuson-
Stevens Fishery Conservation and Management Act. The intent of this
action is to inform the public of these specifications for the 2018
fishing year, projected specifications for 2019-2020, and the
regulatory correction.
DATES: Effective June 14, 2018, through April 30, 2019.
ADDRESSES: Copies of these specifications, including the Environmental
Assessment (EA), Regulatory Flexibility Act Analyses, and other
supporting documents for the action, are available upon request from
Thomas A. Nies, Executive Director, New England Fishery Management
Council, Mid-Atlantic Fishery Management Council, 50 Water Street,
Newburyport, MA 01950. These documents are also accessible via the
internet at www.nefmc.org.
FOR FURTHER INFORMATION CONTACT: Cynthia Hanson, Fishery Management
Specialist, (978) 281-9180.
SUPPLEMENTARY INFORMATION:
Background
The small-mesh multispecies fishery is managed by the New England
Fishery Management Council within the Northeast Multispecies Fishery
Management Plan (FMP). The fishery is composed of five stocks of three
species of hakes: Northern silver hake; southern silver hake; northern
red hake; southern red hake; and offshore hake. Southern silver hake
and offshore hake are often grouped together and collectively referred
to as ``southern whiting.'' Amendment 19 to the FMP (78 FR 20260; April
4, 2013) established a process and framework for setting catch
specifications for the small-mesh fishery. The FMP requires the
specification of an overfishing limit (OFL), acceptable biological
catch (ABC), annual catch limit (ACL), and total allowable landings
(TAL) for each stock within the fishery for up to three years at a
time, based on the most recent stock projections for upcoming years.
This action implements the Council's recommended small-mesh
multispecies specifications for the 2018 fishing year, announces
projected 2019 and 2020 specifications as recommended by the Council,
and makes a minor regulatory correction.
The proposed rule for this action published in the Federal Register
on April 12, 2018 (83 FR 15780), and comments were accepted through
April 27, 2018. Additional background information regarding the
development
[[Page 27714]]
of these specifications was provided in the proposed rule (83 FR 15780;
April 12, 2018) and is not repeated here.
Final Specifications
This action implements the final 2018 and projected 2019-2020
small-mesh multispecies specifications as proposed (Table 1). All other
management measures in the small-mesh multispecies fishery (such as
possession limits) will remain unchanged. By providing projected quotas
for 2019 and 2020, NMFS hopes to assist fishery participants in
planning ahead. The Council will review these specifications annually,
and NMFS will provide notice prior to each fishing year to announce any
necessary changes for 2019 and 2020. For more information on the
Council's recommendations and decision-making process, please see the
proposed rule (83 FR 15780).
Table 1--Small-Mesh Multispecies Specifications for Fishing Years 2018-2020, With Percent Change From 2017, in Metric Tons
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OFL ABC ACL Percent change TAL Percent change
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Northern Silver Hake.................................... 58,350 31,030 29,475 +27 26,604 +33
Northern Red Hake....................................... 840 721 685 +45 274 +128
Southern Whiting........................................ 31,180 19,395 18,425 -35 14,465 -39
Southern Red Hake....................................... 1,150 1,060 1,007 -38 305 -59
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Regulatory Correction
This action also corrects regulatory text specifying the red hake
possession limits in the southern small-mesh exemption areas (Southern
New England and Mid-Atlantic Exemption Areas). In the 2015-2017
specifications for this fishery (May 28, 2015; 80 FR 30379), we
implemented a new 3,000-lb (1,361-kg) red hake possession limit for the
northern exemption areas, but we did not specify that the possession
limit in the southern areas would remain 5,000 lb (2,268 kg). This
action revises the regulations to specify the 5,000-lb (2,268-kg)
possession limit for red hake harvested in the southern small-mesh
exemption areas, as originally intended by the Council.
Comments and Responses
The public comment period for the proposed rule ended on April 27,
2018. We received three comments from the public on this rule. One
commenter asked how the input of the active fishing community
contributed to the development of these specifications. These
specifications were developed through the Council process, which
involved multiple discussions at public Council meetings (such as
meetings on June 20, 2017, in Portland, ME; on September 26, 2017, in
Gloucester, MA; and on December 7, 2017, in Newport, RI) where concerns
and interests of the active fishing community were considered. Active
members of the fishing community also sit on the Small-Mesh
Multispecies (Whiting) Advisory Panel, which makes recommendations on
management of the fishery to the Council and its Small-Mesh
Multispecies Committee. The public comment period announced by the
proposed rule was another opportunity for fishermen to offer
suggestions and improvements to the specifications. The other two
comments were not relevant either to this action or to fisheries in
general and did not warrant a response. No changes to the proposed
specifications were made as a result of these comments.
Changes From the Proposed Rule
There are no substantive changes from the proposed rule.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this final rule is
consistent with the Small-Mesh Multispecies FMP, other provisions of
the Magnuson-Stevens Act, and other applicable law.
This final rule does not duplicate, conflict, or overlap with any
existing Federal rules.
This action does not contain a collection of information
requirement for purposes of the Paperwork Reduction Act.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
under 5 U.S.C. 553(d)(3) to waive the 30-day delay in the date of
effectiveness for this rule, to ensure that the final specifications
are in place as close as practicable to the start of the 2018 small-
mesh multispecies fishing year, which began on May 1, 2018. This action
establishes the final specifications (i.e., annual catch limits) for
the small-mesh multispecies fishery for the 2018 fishing year. A delay
in effectiveness well beyond the start of the 2018 fishing year would
be contrary to the public interest, as it could create confusion and
potential economic harm to the commercial small-mesh multispecies
industry. Additionally, it could compromise the effectiveness of the
new specifications in achieving optimal yield and preventing
overfishing.
This rule is being issued at the earliest possible date.
Preparation of the proposed rule was dependent on the submission of the
EA, in support of the specifications, that is developed by the Council.
A complete specifications document and accompanying EA was received by
NMFS in late January 2018. Documentation in support of the Council's
recommended specifications is required for NMFS to provide the public
with information from the environmental and economic analyses, as
required in rulemaking, and to evaluate the consistency of the
Council's recommendation with the Magnuson-Stevens Act and other
applicable law. The proposed rule published on April 12, 2018, with a
15-day comment period ending April 27, 2018.
Although the specifications from 2017 are carried into 2018 until
the new catch limits are implemented, the Council has recommended
changes based on the most recent assessment of the four main small-mesh
multispecies stocks that should be in place as soon as possible.
Harvest occurring within the first weeks of the fishing year based on
old catch limits could be detrimental to southern hake stocks,
including southern red hake, which is experiencing overfishing.
Furthermore, this action increases the northern silver hake quota
by 33 percent and increases northern red hake quota by 128 percent,
providing federally permitted vessels additional harvest opportunity
for the 2018 fishing year. The timely implementation of these
specifications will help to ensure that the industry has the
opportunity to achieve optimal yield in the fishery, and to access the
increased quotas for the
[[Page 27715]]
northern stocks. It is also important to implement the lower southern
stock catch limits as soon as possible to avoid the potential for
overfishing. The commercial whiting industry has been involved in the
development of these specifications and is anticipating this rule.
Therefore, there would be no benefit to delaying the implementation of
these specifications. For these reasons, we find that there is good
cause to waive the 30-day delay in the date of effectiveness.
Final Regulatory Flexibility Analysis
The final regulatory flexibility analysis (FRFA) included in this
final rule was prepared consistent with 5 U.S.C. 604(a), and
incorporates the initial regulatory flexibility analysis (IRFA) and a
summary of analyses completed to support the action. A public copy of
the environmental assessment/IRFA is available from the Council (see
ADDRESSES). The preamble to the proposed rule included a detailed
summary of the analyses contained in the IRFA, and that discussion 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 Final Rule as a Result of Such
Comments
NMFS did not receive any comments in response to the IRFA or
regulatory flexibility analysis (RFA) process. Refer to the ``Comments
and Responses'' section of this rule's preamble for more detail on the
public comments that were received. No changes to the proposed rule
were required to be made as a result of public comment.
Description and Estimate of Number of Small Entities to Which the Rule
Would Apply
This final rule affects small entities engaged in commercial
fishing operations within the small-mesh multispecies fishery that is a
subset of the northeast multispecies fishery. For the purposes of the
RFA analysis, the ownership entities (or firms), not the individual
vessels, are considered to be the regulated entities. Because of this,
some vessels with northeast multispecies permits may be considered to
be part of the same firm because they may have the same owners. In
terms of RFA, a business primarily engaged in commercial fishing
activity is classified as a small business if it has combined annual
gross receipts not in excess of $11 million (NAICS 11411) for all its
affiliated operations worldwide. To identify these small and large
firms, vessel ownership data from the permit database were grouped
according to common owners and sorted by size. The current ownership
data set used for this analysis is based on calendar year 2016 (the
most recent complete year available) and contains average gross sales
associated with those permits for calendar years 2014 through 2016.
The small-mesh exempted fishery allows vessels to harvest species
in designated areas using mesh sizes smaller than the minimum mesh size
required by Regulated Mesh Area (RMA) regulations. To participate in
the small-mesh multispecies exempted fishery, vessels must possess
either a limited access multispecies permit (categories A, C, D, E or
F) or an open access multispecies permit (category K). Limited access
multispecies permit holders can target small-mesh multispecies with
different possession limit requirements depending on fishing region and
mesh size used. Open access, Category K permit holders may fish for
small-mesh multispecies when participating in an exempted fishing
program. Therefore, entities holding one or more multispecies permits
(permit type A, C-F, K) are the entities that have the potential to be
directly impacted by this action. According to the commercial database,
there were 853 distinct ownership entities, based on entities'
participation during the 2014-2016 time-period, that could potentially
target small-mesh multispecies. This includes entities that could not
be classified into a business type because they did not earn revenue
from landing and selling fish in 2014-2016 and thus are considered to
be small. Of the 853 total firms, 844 are categorized as small business
entities and nine are categorized as large businesses.
While 853 commercial entities have the potential to be impacted by
the proposed action, not all of these entities actively land small-mesh
multispecies for commercial sale. There are 406 distinct entities that
commercially sold small-mesh multispecies from 2014-2016 and may be
directly affected by the proposed action. Of those, 404 are categorized
as small businesses.
Description of Projected Reporting, Recordkeeping, and Other Compliance
Requirements
No additional reporting, recordkeeping, or other compliance
requirements are included in this final rule.
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
Specification of commercial catch limits is constrained by the
conservation objectives of in the FMP and implemented at 50 CFR part
648 under the Magnuson-Stevens Act. This action implements final 2018
and projected 2019-2020 commercial catch specifications for the small-
mesh multispecies fishery based on the most recent stock assessment
update. The Council also considered taking no action, where the same
catch limits and specifications from 2017 would continue into 2018 with
no change. Only these two alternatives were considered by the Council.
The alternative status quo specifications do not address the
overfishing and overfished designations raised by the 2017 stock
assessment update, and thus do not meet the Magnuson-Stevens Act
requirements. The specifications implemented by this final rule
minimize the economic impacts on small entities to the extent
practicable while adhering to the conservation requirements of the
Magnuson-Stevens Act. As described in the proposed rule for this
action, we do not anticipate these specifications to have a significant
impact on those small entities to which this final rule would apply.
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 was prepared and will be sent to all
holders of Federal permits issued for the small-mesh multispecies
fishery. In addition, copies of this final rule and guide (i.e., permit
holder letter) are available from NMFS at the following website:
www.greateratlantic.fisheries.noaa.gov.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
[[Page 27716]]
Dated: June 11, 2018.
Donna S. Wieting,
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. 648.86, revise the introductory text of paragraphs of
(d)(1)(i), (ii), and (iii) and add paragraph (d)(1)(v) to read as
follows:
Sec. 648.86 NE Multispecies possession restrictions.
* * * * *
(d) * * *
(1) * * *
(i) Vessels possessing on board or using nets of mesh size smaller
than 2.5 in (6.35 cm). Owners or operators of a vessel may possess and
land not more than 3,500 lb (1,588 kg) of combined silver hake and
offshore hake, if either of the following conditions apply:
* * * * *
(ii) Vessels possessing on board or using nets of mesh size equal
to or greater than 2.5 in (6.35 cm) but less than 3 in (7.62 cm). An
owner or operator of a vessel that is not subject to the possession
limit specified in paragraph (d)(1)(i) of this section may possess and
land not more than 7,500 lb (3,402 kg) of combined silver hake and
offshore hake if either of the following conditions apply:
* * * * *
(iii) Vessels possessing on board or using nets of mesh size equal
to or greater than 3 in (7.62 cm). An owner or operator of a vessel
that is not subject to the possession limits specified in paragraphs
(d)(1)(i) and (ii) of this section may possess and land not more than
30,000 lb (13,608 kg) of combined silver hake and offshore hake when
fishing in the GOM or GB 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 SNE or MA Exemption Areas,
as described in Sec. 648.80(b)(10) and (c)(5), respectively, if both
of the following conditions apply:
* * * * *
(v) Possession limits for red hake. Vessels participating in the
small-mesh multispecies fishery consistent with paragraph (d)(1) of
this section, may possess and land not more than 3,000 lb (1,361 kg) of
red hake when fishing in the GOM or GB Exemption areas, as described in
Sec. 648.80(a), and not more than 5,000 lb (2,268 kg) of red hake when
fishing in the SNE or MA Exemption Areas, as described in Sec.
648.80(b)(10) and (c)(5), respectively.
* * * * *
[FR Doc. 2018-12780 Filed 6-13-18; 8:45 am]
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