Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Approval of New Gear Under Small-Mesh Fisheries Accountability Measures, 13071-13074 [2020-04204]
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Federal Register / Vol. 85, No. 45 / Friday, March 6, 2020 / Rules and Regulations
Management Councils and is
implemented by NMFS under the
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act (Magnuson-Stevens Act) by
regulations at 50 CFR part 622. All
weights for Gulf migratory group king
mackerel (Gulf king mackerel) apply as
either round or gutted weight.
The commercial sector for Gulf king
mackerel is divided into western,
northern, and southern zones, which
have separate commercial quotas. The
southern zone for Gulf king mackerel
encompasses an area of the exclusive
economic zone (EEZ) south of a line
extending due west from the boundary
of Lee and Collier Counties on the
Florida west coast, and south of a line
extending due east from the boundary of
Monroe and Miami-Dade Counties on
the Florida east coast, and includes the
EEZ off Collier and Monroe Counties in
south Florida (50 CFR 622.369(a)(1)(iii)).
The commercial quota for the hookand-line component of the commercial
sector in the southern zone is 575,400
lb (260,997 kg) for the current fishing
year, July 1, 2019, through June 30, 2020
(50 CFR 622.384(b)(1)(iii)(A)).
Regulations at 50 CFR 622.8(b) and
622.388(a)(1) require NMFS to close any
component of the king mackerel
commercial sector when its applicable
quota has been reached or is projected
to be reached by filing a notification
with the Office of the Federal Register.
NMFS has determined the 2019–2020
hook-and-line commercial quota for
Gulf king mackerel in the southern zone
will be reached by March 4, 2020.
Accordingly, the hook-and-line
component of the commercial sector for
Gulf king mackerel in the southern zone
is closed from March 4, 2020, through
the end of the fishing year on June 30,
2020. The commercial hook-and-line
component for Gulf king mackerel in the
southern zone will reopen on July 1,
2020.
NMFS has also determined that the
Gulf king mackerel commercial quota
for vessels using run-around gillnet gear
in the southern zone was reached on
February 25, 2020, and therefore on that
date, NMFS closed the southern zone to
commercial king mackerel fishing using
run-around gillnet gear (85 FR 11861,
February 28, 2020). Accordingly, all
commercial fishing for Gulf king
mackerel in the southern zone is closed
effective at 12:01 a.m. local time on
March 4, 2020. The commercial hookand-line component for Gulf king
mackerel in the southern zone will
reopen on July 1, 2020. The commercial
run-around gillnet component will
reopen at 6 a.m. local time on January
19, 2021.
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A person aboard a vessel that has a
valid Federal commercial permit for
king mackerel may continue to retain
king mackerel under the recreational
bag and possession limits set forth in 50
CFR 622.382(a)(1)(ii) and (a)(2), as long
as the recreational sector for Gulf king
mackerel is open (50 CFR 622.384(e)(1)).
During the commercial closure, king
mackerel caught with hook-and-line
gear from the closed zone may not be
purchased or sold, including those
harvested under the recreational bag
and possession limits. This prohibition
does not apply to king mackerel caught
with hook-and-line gear from the closed
zone that were harvested, landed
ashore, and sold prior to the closure and
were held in cold storage by a dealer or
processor (50 CFR 622.384(e)(2)).
Classification
The Regional Administrator for the
NMFS Southeast Region has determined
this temporary rule is necessary for the
conservation and management of Gulf
king mackerel and is consistent with the
FMP, the Magnuson-Stevens Act, and
other applicable laws.
This action is taken under 50 CFR
622.8(b) and 622.388(a)(1), and is
exempt from review under Executive
Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
This action responds to the best
scientific information available. The
Assistant Administrator for NOAA
Fisheries (AA) finds good cause to
waive the requirements to provide prior
notice and opportunity for public
comment on this temporary rule
pursuant to the authority set forth in 5
U.S.C. 553(b)(B), as such procedures are
unnecessary and contrary to the public
interest. Such procedures are
unnecessary because the rule
implementing the commercial quota and
the associated AM has already been
subject to notice and public comment,
and all that remains is to notify the
public of the closure. Additionally,
allowing prior notice and opportunity
for public comment is contrary to the
public interest because of the need to
implement immediately this action to
protect the Gulf king mackerel stock,
because the capacity of the fishing fleet
allows for rapid harvest of the
commercial quota. Prior notice and
opportunity for public comment would
require time and could potentially result
in a harvest well in excess of the
established commercial quota.
For the aforementioned reasons, the
AA also finds good cause to waive the
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13071
30-day delay in effectiveness of the
action under 5 U.S.C. 553(d)(3).
Authority: 16 U.S.C. 1801 et seq.
Dated: March 2, 2020.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–04587 Filed 3–3–20; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 200225–0063]
RIN 0648–BF57
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Approval of New Gear Under
Small-Mesh Fisheries Accountability
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action approves new
selective trawl gear for use in several
non-groundfish fisheries when subject
to the Georges Bank yellowtail flounder
accountability measure. The selective
gear reduces bycatch of groundfish
species, while allowing the target
fisheries to continue operating when
selective trawl gear is required. This
selective trawl gear will provide the
fishing industry with more flexibility
when accountability measures are
triggered because there are limited
selective trawl gears currently approved
for use.
DATES: Effective April 6, 2020.
ADDRESSES: Written comments
regarding the burden-hour estimates or
other aspects of the collection-ofinformation requirements contained in
this final rule may be submitted to
Michael Pentony, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930, and by
email to OIRA_Submission@
omb.eop.gov, or fax to (202) 395–7285.
Copies of the studies referenced in this
final rule may also be submitted to
Michael Pentony at the above listed
address.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Emily Keiley, Fishery Management
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Specialist, phone: (978) 281–9116;
email: Emily.Keiley@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Multispecies Fishery
Management Plan (FMP) requires the
use of selective trawl gear in certain
times and areas. The FMP specifies the
list of selective trawl gear that are
approved for use and that meet the
required selectivity standards. The FMP
also authorizes NMFS to approve
additional selective gear, at the request
of the New England Fishery
Management Council, if the gear meets
the regulatory requirements for new
selective gear. The regulations (§ 648.85
(b)(6)(iv)(J)(2)(i)) require that new
selective gear must either: (1)
Demonstrate a statistically significant
reduction in catch of at least 50 percent,
by weight, on a trip-by-trip basis, of
each regulated species stock of concern
or non-groundfish stocks that are
overfished or subject to overfishing; or
(2) catch of stocks of concern must be
less than five percent of the total catch
of regulated groundfish (by weight, on a
trip-by-trip basis). Groundfish species
(stocks) of concern are defined as a
stock that is overfished and, or is subject
to overfishing. The New England
Fishery Management Council submitted
two requests to add the large-mesh belly
panel to the list of approved selective
gears for: (1) The Georges Bank
yellowtail accountability measure (AM);
and (2) the southern windowpane AM.
The small-mesh trawl fishery (e.g.,
whiting and squid) has a sub-annual
catch limit (ACL) and AM for Georges
Bank yellowtail flounder. If catch
exceeds the sub-ACL, the AM requires
small-mesh trawl vessels to use
selective trawl gear that reduces flatfish
catch in certain areas in a subsequent
fishing year.
Southern windowpane flounder is
allocated to three fishery components:
Groundfish; scallops; and other (nongroundfish) fisheries. The other (nongroundfish) component is primarily the
scup, fluke, squid, and whiting
fisheries. If the AM for the other (nongroundfish) component is triggered,
vessels fishing with any trawl gear with
a codend mesh size greater than or equal
to five inches (12.7 cm) are required to
use one of the approved selective trawl
gears to reduce bycatch (e.g., flounder
stocks) in certain areas in Southern New
England in a subsequent year.
The selective trawl gears approved for
use under these AMs are: Haddock
separator trawl; Ruhle trawl; and rope
separator trawl. When the New England
Fishery Management Council
developed, and we adopted, the AMs for
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the non-groundfish fisheries, many
industry members expressed concern
that the selective trawl gears currently
approved for use were not suitable for
their fisheries.
To address this concern, Cornell
University conducted a series of studies
to test the effectiveness of the largemesh belly panel in several nongroundfish fisheries. The experimental
gear included a large-mesh panel to
replace the first bottom belly of the
trawl net that allows flatfish such as
windowpane and yellowtail flounder to
escape. The studies compared catch in
a standard trawl for each fishery with a
trawl outfitted with the large-mesh belly
panel. On Georges Bank when the largemesh belly panel was compared to a
standard small-mesh trawl, catch of all
species of concern was reduced on a
trip-by-trip basis by 50 percent or more.
When the large-mesh belly panel was
tested in the southern windowpane
flounder AM area, and compared to a
net typical of those used in the scup
fishery, it reduced catch of windowpane
flounder by more than 50 percent on
average, but not on each trip. The largemesh belly panel did not reduce catch
of all species of concern by at least 50
percent on a trip-by-trip basis. The
results are described in more detail in
the proposed rule (83 FR 57395), and
copies of the Cornell reports are
available from NMFS at the mailing
address listed under ADDRESSES.
Based on the results of the Cornell
studies, we determined that the largemesh belly panel meets the necessary
gear performance standards for use in
the Georges Bank yellowtail AM area,
and we are approving the use of this
gear in that area. We also determined
that the large-mesh belly panel does not
meet the gear standard in the southern
windowpane AM area because it did not
reduce catch of all species of concern by
at least 50 percent on a trip-by-trip
basis. We are denying the request to
approve its use in that area. These AM
areas are only triggered when there are
ACL overages. Based on fishing year
2018 catch, we will not trigger either
AM for fishing year 2020.
Comments and Responses
We received six comments on the
proposed rule. One comment was not
related to the rulemaking and is not
discussed further. All relevant
comments were supportive of the
proposal to approve the large-mesh
belly panel for use when the Georges
Bank yellowtail flounder AM is
triggered for the small-mesh fisheries.
Two commenters suggested the addition
of clarifying text in the regulatory
definition of the large-mesh belly panel
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gear. This final rule contains a revised
gear definition based on these
comments.
Comment 1: One member of the
public supported the large-mesh belly
panel for use in the Georges Bank
yellowtail AM area because the results
of the Cornell University study
demonstrated that the gear meets the
regulatory standards.
Response: We agree. This final rule
approves the large-mesh belly panel as
a selective gear permitted for use in the
Georges Bank yellowtail flounder AM
area, when the AM is triggered.
Comment 2: Two commenters, a gear
researcher and a gear manufacturer,
commented on the proposed gear
definition. Both comments supported
the proposed definition but suggested
adding additional information to ensure
that the area being covered by the large
mesh panel is the same as the area of the
panel being replaced. If the large-mesh
panel inserted into the net was too
wide, the gear would not fish as
intended, and the effective mesh size
would be reduced.
Response: We agree. The design and
construction of the large-mesh belly
panel outfitted for an existing small
mesh trawl is based on the premise that
the large-mesh panel will have the same
coverage area as the belly-panel it is
replacing. To that end, the first step is
to determine the ratio of the mesh sizes
involved. The large-mesh belly twine is
80 cm (31.5 inches) knot center to knot
center full mesh (KKFM), two meshes
deep with a 40-cm (15.8-inch) sewing
seam on the top and bottom. In most
cases, the existing first bottom belly
twine sizes are 12 cm (4.7 inches)
KKFM and 16 cm (6.3 inches) KKFM
yielding ratios of 20:3 and 5:1,
respectively. To determine the
appropriate width of the large-mesh
panel, in number of meshes, you divide
the number of meshes of the existing
belly by the ratio. Because this ratio is
unique to each net, and mesh being
replaced, we have not prescribed a
specific ratio in the regulatory definition
of the net, but have provided a
description of how it should be
calculated, and several examples of its
application.
Comment 3: The researcher who
conducted the studies cited in this rule
commented in support of the approval
of the large-mesh belly panel for the
Georges Bank yellowtail flounder AM.
The commenter also stated that the
large-mesh belly panel significantly
reduces the bycatch of windowpane
flounder and should be approved for
use when the AM for windowpane
flounder is triggered for non-groundfish
vessels fishing with trawl gear with a
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codend mesh size greater than or equal
to five inches (12.7 cm). The commenter
suggested that NMFS should consider
creating a new gear performance
standard, consistent with accountability
measure goals, to focus on evaluating
the catch reductions specifically of the
species the accountability measure was
designed for, rather than all overfished/
overfishing stocks.
Response: This final rule approves the
large-mesh belly panel for the Georges
Bank yellowtail flounder AM. We do
not have the authority to approve the
large-mesh belly panel for windowpane
flounder because it does not meet the
selectivity standards. We agree that the
gear standard should be reviewed and
revisions considered to allow the
approval of selective gears specific to
the objectives of an AM that are
consistent with the FMPs goals and
objectives and the Magnuson-Stevens
Act requirements. The Council has
recommended a modified gear standard
when we are considering approval of a
selective gear for use as an AM. This
revision will be proposed in an
upcoming action, Framework 59.
Comment 4: One member of the
fishing industry, who participates in the
small-mesh fishery, commented in
support of the approval of the largemesh belly panel as a selective gear that
can be used in the Georges Bank
yellowtail flounder AM area when it has
been triggered. The commenter cited the
importance of selective gear to enable
targeting of healthy stocks while
reducing bycatch.
Response: We agree. This final rule
approves the large-mesh belly panel for
the Georges Bank yellowtail flounder
AM. We also agree that the continued
development of opportunities that
enable fishermen to target healthy
stocks, while preventing, or reducing
bycatch, is important to the success of
the fishing industry and fish stocks.
Classification
The Administrator, Greater Atlantic
Region, NMFS, determined that these
measures are necessary for the
conservation and management of the
Northeast multispecies fishery and that
the measures are consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act and
other applicable laws.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This final rule is considered an
Executive Order 13771 deregulatory
action. We cannot provide an estimate
of cost savings due to the nature of this
action. Cost savings will occur if the
Georges Bank yellowtail AM is triggered
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and vessels opt to use the large-mesh
belly panel gear to access the area. Use
of an approved selective gear is required
to access the AM area, when the AM has
been triggered. This final rule approves
the large-mesh belly panel as a selective
gear for use in the Georges Bank
yellowtail flounder AM area. The
addition of a new selective gear
provides increased opportunities for
fishermen to access healthy target stocks
when the area is otherwise closed to
fishing. We do not know how many
vessels will use the gear, or when the
AM will be triggered in the future.
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 action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis is not
required and none was prepared.
This final rule contains a collectionof-information requirement subject to
the Paperwork Reduction Act (PRA).
Requests to revise the collection-ofinformation approvals under control
numbers 0648–0212 and 0648–0201
have been submitted to OMB for
approval. Public reporting burden for
gear code selection is estimated to
average one minute per response,
including the time for reviewing
instructions, searching existing data
sources, gathering and maintaining the
data needed, and completing and
reviewing the collection of information.
Send comments regarding these burden
estimates or any other aspect of this data
collection, including suggestions for
reducing the burden, to NMFS (see
ADDRESSES) and by email to OIRA_
Submission@omb.eop.gov, or fax to
202–395–7285.
Notwithstanding any other provision
of the law, no person is required to
respond to, and no person shall be
subject to penalty for failure to comply
with, a collection of information subject
to the requirements of the PRA, unless
that collection of information displays a
currently valid OMB control number.
All currently approved NOAA
collections of information may be
viewed at: https://www.reginfo.gov/
public/do/PRASearch #.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
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13073
Dated: February 25, 2020.
Samuel D. Rauch III,
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
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.84, add paragraph (f) to
read as follows:
■
§ 648.84 Gear-marking requirements and
gear restrictions.
*
*
*
*
*
(f) Large-mesh belly panel trawl. A
large-mesh belly panel trawl is defined
as a four-seam bottom trawl net (i.e., a
net with a top and bottom panel and
two side panels) modified to include a
large-mesh panel to replace the first
bottom belly, as further specified in
paragraphs (f)(1) through (3) of this
section.
(1) Mesh size. The minimum mesh
size applied throughout the body of the
trawl, as well as the codend mesh size,
must be consistent with mesh size
requirements specified in § 648.80. If a
vessel is fishing in an exemption area or
an exempted fishery, it must comply
with all of the requirements and
conditions of the exemption.
(2) Large-mesh belly panel. The largemesh belly panel must have a minimum
mesh size of 30 in (76.2 cm) measured
using the standard defined in
§ 648.80(f)(2). The owner or operator of
a fishing vessel shall not use any mesh
construction, mesh configuration, or
other means on, in, or attached to the
regulated portion of the net, as defined
in this paragraph (f)(2), if it obstructs or
constricts the meshes of the net in any
manner. The width of the panel must
extend the full width of the bottom
panel (i.e., from one bottom gore to the
other bottom gore). To determine the
width of the large-mesh panel please see
the explanation, and example provided
below. The depth must be at least 90 in
(228.6 cm) and at least three meshes
deep (two meshes deep with a 15-in
(38.1-cm) sewing seam on top and
bottom). No more than six meshes of the
small-mesh net may be left behind the
sweep, before the large-mesh panel is
sewn in.
(3) Determining panel width example.
Assume the large-mesh twine is 30 in
(76.2 cm) knot center to knot center
(KKFM), two meshes deep with a 15-in
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(38.1-cm) sewing seam on the top and
bottom. In most cases, the existing first
bottom-belly twine sizes are 12 cm (4.7
in) KKFM and 16 cm (6.3 in) KKFM
yielding ratios of 20:3 and 5:1,
respectively. Therefore, to determine the
required width of large mesh panel, take
the number of meshes of the existing
belly and divide by the ratio. If the
existing twine is 16 cm (6.3 in) KKFM,
and the belly, six meshes behind the
sweep is 150 meshes wide, you would
divide 150 by 5:1 to get the width of the
large-mesh panel, 30 meshes.
3. In § 648.90, revise paragraph
(a)(5)(v), to read as follows:
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■
shall rescind the AM, consistent with
the Administrative Procedure Act.
*
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[FR Doc. 2020–04204 Filed 3–5–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 200227–0068]
RTID 0648–XX035
§ 648.90 NE multispecies assessment,
framework procedures, and specifications,
and flexible area action system.
Fisheries of the Northeastern United
States; Atlantic Spiny Dogfish Fishery;
2020 Spiny Dogfish Specifications
*
AGENCY:
*
*
*
*
(a) * * *
(5) * * *
(v) AM if the small-mesh fisheries GB
yellowtail flounder sub-ACL is
exceeded. If NMFS determines that the
sub-ACL of GB yellowtail flounder
allocated to the small-mesh fisheries,
pursuant to paragraph (a)(4)(iii)(G) of
this section, is exceeded, NMFS shall
implement the AM specified in this
paragraph consistent with the
Administrative Procedures Act. The AM
requires that small-mesh fisheries
vessels, as defined in paragraph
(a)(4)(iii)(G)(1) of this section, use one of
the following approved selective trawl
gear in the GB yellowtail flounder stock
area, as defined at § 648.85(b)(6)(v)(H):
A haddock separator trawl, as specified
in § 648.85(a)(3)(iii)(A); a Ruhle trawl,
as specified in § 648.85(b)(6)(iv)(J)(3); a
rope separator trawl, as specified in
§ 648.84(e); a large-mesh belly panel
trawl, as specified in § 648.84(f); or any
other gear approved consistent with the
process defined in § 648.85(b)(6). If
reliable information is available, the AM
shall be implemented in the fishing year
immediately following the year in
which the overage occurred only if there
is sufficient time to do so in a manner
consistent with the Administrative
Procedure Act. Otherwise, the AM shall
be implemented in the second fishing
year after the fishing year in which the
overage occurred. For example, if NMFS
determined after the start of Year 2 that
the small-mesh fisheries sub-ACL for GB
yellowtail flounder was exceeded in
Year 1, the applicable AM would be
implemented at the start of Year 3. If
updated catch information becomes
available subsequent to the
implementation of an AM that indicates
that an overage of the small-mesh
fisheries sub-ACL did not occur, NMFS
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
We are implementing
specifications for the 2020 spiny dogfish
fishery, including an annual catch limit
and commercial quota. This action is
necessary to ensure allowable harvest
levels to prevent overfishing while
allowing harvest of optimum yield,
consistent with the Magnuson-Stevens
Fishery Conservation and Management
Act. This action is intended to establish
2020 specifications, consistent with the
Spiny Dogfish Fishery Management
Plan and previously announced multiyear specifications.
DATES: The final specifications for the
2020 Atlantic spiny dogfish fishery are
effective May 1, 2020, through April 30,
2021.
ADDRESSES: Copies of these
specifications, including the original
Environmental Assessment, Regulatory
Flexibility Act Analyses, and other
supporting documents for the action, are
available upon request from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800 N
State Street, Dover, DE 19901. These
documents are also accessible via the
internet at https://www.mafmc.org/
dogfish.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Cynthia Ferrio, Fishery Management
Specialist, (978) 281–9180.
SUPPLEMENTARY INFORMATION: The New
England and Mid-Atlantic Fishery
Management Councils jointly manage
the Atlantic spiny dogfish fishery in
Federal waters under the Spiny Dogfish
Fishery Management Plan (FMP), with
the Mid-Atlantic Council serving as the
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administrative lead. The Atlantic States
Marine Fisheries Commission manages
the fishery in state waters from Maine
to North Carolina through an interstate
fishery management plan. The FMP
requires the specification of an annual
catch limit (ACL), annual catch target
(ACT), and the total allowable landings
(TAL) for up to a 5-year period;
however, the Councils often choose to
only set specifications up to 3 years at
a time. This action implements
specifications for the 2020 spiny dogfish
fishery that begins on May 1, 2020.
On May 15, 2019, we approved
specifications for the 2019 fishing year
(84 FR 21723) and projected
specifications for fishing years 2020 and
2021. These were based on recent
fishery data from the 2018 stock
assessment update. The approved
measures substantially reduced the
coastwide commercial quota in 2019 to
prevent overfishing, but included
projections for increased quota in 2020
and 2021. The final 2020 spiny dogfish
specifications, which are summarized in
Table 1, represent a 13-percent increase
in commercial quota from fishing year
2019. All other management measures,
including the 6,000-lb (2,722-kg)
Federal trip limit, remain unchanged.
TABLE 1—SPINY DOGFISH SPECIFICATIONS FOR FISHING YEAR 2020
Metric
tons
Acceptable Biological Catch .............
ACL = ACT .......................................
TAL ...................................................
Commercial Quota ............................
14,126
14,077
10,602
10,521
We have reviewed available 2019
fishery information, and we do not
expect that the 2019 annual catch limit
will be exceeded. Further, there is no
new biological information that would
require altering the projected 2020
specifications. Neither the Council nor
the Commission recommended any
changes to the previously projected
multi-year specifications. Based on this,
we are implementing the 2020
specifications as projected and outlined
in the 2019–2021 spiny dogfish
specifications final rule (84 FR 21723,
May 15, 2019). These final 2020
specifications will be effective from May
1, 2020, until April 30, 2021. We will
finalize the 2021 fishing year
specifications prior to May 1, 2021, by
publishing another rule following a
similar review.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
E:\FR\FM\06MRR1.SGM
06MRR1
]]>Agencies
[Federal Register Volume 85, Number 45 (Friday, March 6, 2020)]
[Rules and Regulations]
[Pages 13071-13074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04204]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200225-0063]
RIN 0648-BF57
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; Approval of New Gear
Under Small-Mesh Fisheries Accountability Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This action approves new selective trawl gear for use in
several non-groundfish fisheries when subject to the Georges Bank
yellowtail flounder accountability measure. The selective gear reduces
bycatch of groundfish species, while allowing the target fisheries to
continue operating when selective trawl gear is required. This
selective trawl gear will provide the fishing industry with more
flexibility when accountability measures are triggered because there
are limited selective trawl gears currently approved for use.
DATES: Effective April 6, 2020.
ADDRESSES: Written comments regarding the burden-hour estimates or
other aspects of the collection-of-information requirements contained
in this final rule may be submitted to Michael Pentony, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930, and by email to
[email protected], or fax to (202) 395-7285. Copies of the
studies referenced in this final rule may also be submitted to Michael
Pentony at the above listed address.
FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Management
[[Page 13072]]
Specialist, phone: (978) 281-9116; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The Northeast Multispecies Fishery Management Plan (FMP) requires
the use of selective trawl gear in certain times and areas. The FMP
specifies the list of selective trawl gear that are approved for use
and that meet the required selectivity standards. The FMP also
authorizes NMFS to approve additional selective gear, at the request of
the New England Fishery Management Council, if the gear meets the
regulatory requirements for new selective gear. The regulations (Sec.
648.85 (b)(6)(iv)(J)(2)(i)) require that new selective gear must
either: (1) Demonstrate a statistically significant reduction in catch
of at least 50 percent, by weight, on a trip-by-trip basis, of each
regulated species stock of concern or non-groundfish stocks that are
overfished or subject to overfishing; or (2) catch of stocks of concern
must be less than five percent of the total catch of regulated
groundfish (by weight, on a trip-by-trip basis). Groundfish species
(stocks) of concern are defined as a stock that is overfished and, or
is subject to overfishing. The New England Fishery Management Council
submitted two requests to add the large-mesh belly panel to the list of
approved selective gears for: (1) The Georges Bank yellowtail
accountability measure (AM); and (2) the southern windowpane AM.
The small-mesh trawl fishery (e.g., whiting and squid) has a sub-
annual catch limit (ACL) and AM for Georges Bank yellowtail flounder.
If catch exceeds the sub-ACL, the AM requires small-mesh trawl vessels
to use selective trawl gear that reduces flatfish catch in certain
areas in a subsequent fishing year.
Southern windowpane flounder is allocated to three fishery
components: Groundfish; scallops; and other (non-groundfish) fisheries.
The other (non-groundfish) component is primarily the scup, fluke,
squid, and whiting fisheries. If the AM for the other (non-groundfish)
component is triggered, vessels fishing with any trawl gear with a
codend mesh size greater than or equal to five inches (12.7 cm) are
required to use one of the approved selective trawl gears to reduce
bycatch (e.g., flounder stocks) in certain areas in Southern New
England in a subsequent year.
The selective trawl gears approved for use under these AMs are:
Haddock separator trawl; Ruhle trawl; and rope separator trawl. When
the New England Fishery Management Council developed, and we adopted,
the AMs for the non-groundfish fisheries, many industry members
expressed concern that the selective trawl gears currently approved for
use were not suitable for their fisheries.
To address this concern, Cornell University conducted a series of
studies to test the effectiveness of the large-mesh belly panel in
several non-groundfish fisheries. The experimental gear included a
large-mesh panel to replace the first bottom belly of the trawl net
that allows flatfish such as windowpane and yellowtail flounder to
escape. The studies compared catch in a standard trawl for each fishery
with a trawl outfitted with the large-mesh belly panel. On Georges Bank
when the large-mesh belly panel was compared to a standard small-mesh
trawl, catch of all species of concern was reduced on a trip-by-trip
basis by 50 percent or more. When the large-mesh belly panel was tested
in the southern windowpane flounder AM area, and compared to a net
typical of those used in the scup fishery, it reduced catch of
windowpane flounder by more than 50 percent on average, but not on each
trip. The large-mesh belly panel did not reduce catch of all species of
concern by at least 50 percent on a trip-by-trip basis. The results are
described in more detail in the proposed rule (83 FR 57395), and copies
of the Cornell reports are available from NMFS at the mailing address
listed under ADDRESSES.
Based on the results of the Cornell studies, we determined that the
large-mesh belly panel meets the necessary gear performance standards
for use in the Georges Bank yellowtail AM area, and we are approving
the use of this gear in that area. We also determined that the large-
mesh belly panel does not meet the gear standard in the southern
windowpane AM area because it did not reduce catch of all species of
concern by at least 50 percent on a trip-by-trip basis. We are denying
the request to approve its use in that area. These AM areas are only
triggered when there are ACL overages. Based on fishing year 2018
catch, we will not trigger either AM for fishing year 2020.
Comments and Responses
We received six comments on the proposed rule. One comment was not
related to the rulemaking and is not discussed further. All relevant
comments were supportive of the proposal to approve the large-mesh
belly panel for use when the Georges Bank yellowtail flounder AM is
triggered for the small-mesh fisheries. Two commenters suggested the
addition of clarifying text in the regulatory definition of the large-
mesh belly panel gear. This final rule contains a revised gear
definition based on these comments.
Comment 1: One member of the public supported the large-mesh belly
panel for use in the Georges Bank yellowtail AM area because the
results of the Cornell University study demonstrated that the gear
meets the regulatory standards.
Response: We agree. This final rule approves the large-mesh belly
panel as a selective gear permitted for use in the Georges Bank
yellowtail flounder AM area, when the AM is triggered.
Comment 2: Two commenters, a gear researcher and a gear
manufacturer, commented on the proposed gear definition. Both comments
supported the proposed definition but suggested adding additional
information to ensure that the area being covered by the large mesh
panel is the same as the area of the panel being replaced. If the
large-mesh panel inserted into the net was too wide, the gear would not
fish as intended, and the effective mesh size would be reduced.
Response: We agree. The design and construction of the large-mesh
belly panel outfitted for an existing small mesh trawl is based on the
premise that the large-mesh panel will have the same coverage area as
the belly-panel it is replacing. To that end, the first step is to
determine the ratio of the mesh sizes involved. The large-mesh belly
twine is 80 cm (31.5 inches) knot center to knot center full mesh
(KKFM), two meshes deep with a 40-cm (15.8-inch) sewing seam on the top
and bottom. In most cases, the existing first bottom belly twine sizes
are 12 cm (4.7 inches) KKFM and 16 cm (6.3 inches) KKFM yielding ratios
of 20:3 and 5:1, respectively. To determine the appropriate width of
the large-mesh panel, in number of meshes, you divide the number of
meshes of the existing belly by the ratio. Because this ratio is unique
to each net, and mesh being replaced, we have not prescribed a specific
ratio in the regulatory definition of the net, but have provided a
description of how it should be calculated, and several examples of its
application.
Comment 3: The researcher who conducted the studies cited in this
rule commented in support of the approval of the large-mesh belly panel
for the Georges Bank yellowtail flounder AM. The commenter also stated
that the large-mesh belly panel significantly reduces the bycatch of
windowpane flounder and should be approved for use when the AM for
windowpane flounder is triggered for non-groundfish vessels fishing
with trawl gear with a
[[Page 13073]]
codend mesh size greater than or equal to five inches (12.7 cm). The
commenter suggested that NMFS should consider creating a new gear
performance standard, consistent with accountability measure goals, to
focus on evaluating the catch reductions specifically of the species
the accountability measure was designed for, rather than all
overfished/overfishing stocks.
Response: This final rule approves the large-mesh belly panel for
the Georges Bank yellowtail flounder AM. We do not have the authority
to approve the large-mesh belly panel for windowpane flounder because
it does not meet the selectivity standards. We agree that the gear
standard should be reviewed and revisions considered to allow the
approval of selective gears specific to the objectives of an AM that
are consistent with the FMPs goals and objectives and the Magnuson-
Stevens Act requirements. The Council has recommended a modified gear
standard when we are considering approval of a selective gear for use
as an AM. This revision will be proposed in an upcoming action,
Framework 59.
Comment 4: One member of the fishing industry, who participates in
the small-mesh fishery, commented in support of the approval of the
large-mesh belly panel as a selective gear that can be used in the
Georges Bank yellowtail flounder AM area when it has been triggered.
The commenter cited the importance of selective gear to enable
targeting of healthy stocks while reducing bycatch.
Response: We agree. This final rule approves the large-mesh belly
panel for the Georges Bank yellowtail flounder AM. We also agree that
the continued development of opportunities that enable fishermen to
target healthy stocks, while preventing, or reducing bycatch, is
important to the success of the fishing industry and fish stocks.
Classification
The Administrator, Greater Atlantic Region, NMFS, determined that
these measures are necessary for the conservation and management of the
Northeast multispecies fishery and that the measures are consistent
with the Magnuson-Stevens Fishery Conservation and Management Act and
other applicable laws.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule is considered an Executive Order 13771 deregulatory
action. We cannot provide an estimate of cost savings due to the nature
of this action. Cost savings will occur if the Georges Bank yellowtail
AM is triggered and vessels opt to use the large-mesh belly panel gear
to access the area. Use of an approved selective gear is required to
access the AM area, when the AM has been triggered. This final rule
approves the large-mesh belly panel as a selective gear for use in the
Georges Bank yellowtail flounder AM area. The addition of a new
selective gear provides increased opportunities for fishermen to access
healthy target stocks when the area is otherwise closed to fishing. We
do not know how many vessels will use the gear, or when the AM will be
triggered in the future.
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 action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis is not required and none was prepared.
This final rule contains a collection-of-information requirement
subject to the Paperwork Reduction Act (PRA). Requests to revise the
collection-of-information approvals under control numbers 0648-0212 and
0648-0201 have been submitted to OMB for approval. Public reporting
burden for gear code selection is estimated to average one minute per
response, including the time for reviewing instructions, searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Send comments
regarding these burden estimates or any other aspect of this data
collection, including suggestions for reducing the burden, to NMFS (see
ADDRESSES) and by email to [email protected], or fax to 202-
395-7285.
Notwithstanding any other provision of the law, no person is
required to respond to, and no person shall be subject to penalty for
failure to comply with, a collection of information subject to the
requirements of the PRA, unless that collection of information displays
a currently valid OMB control number. All currently approved NOAA
collections of information may be viewed at: https://www.reginfo.gov/public/do/PRASearch #.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: February 25, 2020.
Samuel D. Rauch III,
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. 648.84, add paragraph (f) to read as follows:
Sec. 648.84 Gear-marking requirements and gear restrictions.
* * * * *
(f) Large-mesh belly panel trawl. A large-mesh belly panel trawl is
defined as a four-seam bottom trawl net (i.e., a net with a top and
bottom panel and two side panels) modified to include a large-mesh
panel to replace the first bottom belly, as further specified in
paragraphs (f)(1) through (3) of this section.
(1) Mesh size. The minimum mesh size applied throughout the body of
the trawl, as well as the codend mesh size, must be consistent with
mesh size requirements specified in Sec. 648.80. If a vessel is
fishing in an exemption area or an exempted fishery, it must comply
with all of the requirements and conditions of the exemption.
(2) Large-mesh belly panel. The large-mesh belly panel must have a
minimum mesh size of 30 in (76.2 cm) measured using the standard
defined in Sec. 648.80(f)(2). The owner or operator of a fishing
vessel shall not use any mesh construction, mesh configuration, or
other means on, in, or attached to the regulated portion of the net, as
defined in this paragraph (f)(2), if it obstructs or constricts the
meshes of the net in any manner. The width of the panel must extend the
full width of the bottom panel (i.e., from one bottom gore to the other
bottom gore). To determine the width of the large-mesh panel please see
the explanation, and example provided below. The depth must be at least
90 in (228.6 cm) and at least three meshes deep (two meshes deep with a
15-in (38.1-cm) sewing seam on top and bottom). No more than six meshes
of the small-mesh net may be left behind the sweep, before the large-
mesh panel is sewn in.
(3) Determining panel width example. Assume the large-mesh twine is
30 in (76.2 cm) knot center to knot center (KKFM), two meshes deep with
a 15-in
[[Page 13074]]
(38.1-cm) sewing seam on the top and bottom. In most cases, the
existing first bottom-belly twine sizes are 12 cm (4.7 in) KKFM and 16
cm (6.3 in) KKFM yielding ratios of 20:3 and 5:1, respectively.
Therefore, to determine the required width of large mesh panel, take
the number of meshes of the existing belly and divide by the ratio. If
the existing twine is 16 cm (6.3 in) KKFM, and the belly, six meshes
behind the sweep is 150 meshes wide, you would divide 150 by 5:1 to get
the width of the large-mesh panel, 30 meshes.
0
3. In Sec. 648.90, revise paragraph (a)(5)(v), to read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures, and
specifications, and flexible area action system.
* * * * *
(a) * * *
(5) * * *
(v) AM if the small-mesh fisheries GB yellowtail flounder sub-ACL
is exceeded. If NMFS determines that the sub-ACL of GB yellowtail
flounder allocated to the small-mesh fisheries, pursuant to paragraph
(a)(4)(iii)(G) of this section, is exceeded, NMFS shall implement the
AM specified in this paragraph consistent with the Administrative
Procedures Act. The AM requires that small-mesh fisheries vessels, as
defined in paragraph (a)(4)(iii)(G)(1) of this section, use one of the
following approved selective trawl gear in the GB yellowtail flounder
stock area, as defined at Sec. 648.85(b)(6)(v)(H): A haddock separator
trawl, as specified in Sec. 648.85(a)(3)(iii)(A); a Ruhle trawl, as
specified in Sec. 648.85(b)(6)(iv)(J)(3); a rope separator trawl, as
specified in Sec. 648.84(e); a large-mesh belly panel trawl, as
specified in Sec. 648.84(f); or any other gear approved consistent
with the process defined in Sec. 648.85(b)(6). If reliable information
is available, the AM shall be implemented in the fishing year
immediately following the year in which the overage occurred only if
there is sufficient time to do so in a manner consistent with the
Administrative Procedure Act. Otherwise, the AM shall be implemented in
the second fishing year after the fishing year in which the overage
occurred. For example, if NMFS determined after the start of Year 2
that the small-mesh fisheries sub-ACL for GB yellowtail flounder was
exceeded in Year 1, the applicable AM would be implemented at the start
of Year 3. If updated catch information becomes available subsequent to
the implementation of an AM that indicates that an overage of the
small-mesh fisheries sub-ACL did not occur, NMFS shall rescind the AM,
consistent with the Administrative Procedure Act.
* * * * *
[FR Doc. 2020-04204 Filed 3-5-20; 8:45 am]
BILLING CODE 3510-22-P
