Fisheries of the Northeastern United States; Southern Red Hake Rebuilding Plan; Framework Adjustment 62 to the Small-Mesh Multispecies Fishery Management Plan, 3694-3697 [2022-01389]
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Federal Register / Vol. 87, No. 16 / Tuesday, January 25, 2022 / Rules and Regulations
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601–
612, do not apply to this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Television.
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
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Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. In § 73.622(j), amend the Table of
Allotments, under Oregon, by revising
the entry for Portland to read as follows:
■
§ 73.622 Digital television table of
allotments.
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(j) * * *
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Community
Channel No.
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OREGON
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Portland .....................
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*10, 21, 24, 25, 26,
32.
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[FR Doc. 2022–01311 Filed 1–24–22; 8:45 am]
BILLING CODE 6712–01–P
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[Docket No.: 220119–0030]
RIN 0648–BK10
Fisheries of the Northeastern United
States; Southern Red Hake Rebuilding
Plan; Framework Adjustment 62 to the
Small-Mesh Multispecies Fishery
Management Plan
NMFS approves and
implements Framework Adjustment 62
for Whiting, Red Hake, and Offshore
Hake to the Northeast Multispecies
Fishery Management Plan. This action
establishes a 10-year rebuilding plan,
including a rebuilding schedule and
change in possession limits for the
overfished southern red hake stock. This
action is necessary to meet the statutory
requirements for an overfished stock
and rebuilding plan consistent with the
Magnuson-Stevens Fishery
Conservation and Management Act.
This action is intended to rebuild the
southern red hake stock and help
achieve optimum yield in the
commercial fishery.
DATES: Effective January 25, 2022.
ADDRESSES: The New England Fishery
Management Council developed an
environmental assessment (EA) for this
action that describes and analyzes these
measures and other considered
alternatives. Copies of Framework
Adjustment 62, including the EA and
information on the economic impacts of
this rulemaking, are available upon
request from Thomas A. Nies, Executive
Director, New England Fishery
Management Council, 50 Water Street,
Newburyport, MA 01950 and accessible
via the internet in documents available
at: https://www.nefmc.org/library/
framework-62.
Copies of the small entity compliance
guide are available from Michael
Pentony, Regional Administrator,
NMFS, Greater Atlantic Regional
Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930–2298, or
available on the internet at: https://www.
greateratlantic.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fishery Policy
Analyst, 978–282–8456.
SUPPLEMENTARY INFORMATION:
SUMMARY:
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
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50 CFR Part 648
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
Final Rule
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National Oceanic and Atmospheric
Administration
AGENCY:
Federal Communications Commission.
Thomas Horan,
Chief of Staff, Media Bureau.
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DEPARTMENT OF COMMERCE
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Background
In January 2018, the southern red
hake stock was declared overfished. To
meet the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requirements
of an overfished stock, a rebuilding plan
and associated management measures
are necessary to prevent overfishing,
ensure adequate rebuilding, and help
achieve optimum yield in the fishery.
The New England Fishery Management
Council took final action on Framework
Adjustment 62 (Framework 62) to the
Northeast Multispecies Fishery
Management Plan at its June 2020
meeting and submitted the action to us
in mid-August 2020. NMFS published a
proposed rule on July 12, 2021 (86 FR
36519), with a comment period ending
on July 27, 2021.
NMFS has approved all of the
measures in Framework 62
recommended by the Council, as
described below. This final rule
establishes a 10-year rebuilding plan,
including a rebuilding schedule and
change in possession limits for the
overfished southern red hake stock. The
Magnuson-Stevens Act allows NMFS to
approve, partially approve, or
disapprove measures proposed by the
Council based on whether the measures
are consistent with the FMP, the
Magnuson-Stevens Act and its National
Standards, and other applicable law.
Details concerning the development of
these measures were contained in the
preamble of the proposed rule and are
not repeated here.
Southern Red Hake Rebuilding
Schedule
This action establishes a 10-year
rebuilding schedule for southern red
hake. Under this rebuilding program,
catch limits will be established by
reducing the acceptable biological catch
(ABC) to 75 percent of the fishing
mortality rate at maximum sustainable
yield (FMSY) for the duration of the
rebuilding period, or until the stock
reaches its biomass target, whichever
happens first. In past years, the ABC has
been set at 90 percent or higher of the
FMSY, consistent with the Council’s
Scientific and Statistical Committee
recommendations.
Changes to Southern Red Hake
Possession Limits
This action will also decrease the trip
possession limit from 5,000 lb (2,268 kg)
to a dual 1,000-lb/600-lb (453.6-kg/
272.2-kg) possession limit based on the
selectivity of the gear type or mesh size
being used (Table 1). The 600-lb (272.2kg) possession limit will apply to
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standard small-mesh trawls (less than
5.5-inch (13.97-cm) square or diamond
mesh), which are less selective, while
the 1,000-lb (453.6-kg) possession limit
will apply to large-mesh trawls and
other more selective gear types. In
addition, the 1,000-lb (453.6-kg)
possession limit applies to vessels when
using gears other than trawls. These
small-mesh selective gear types include
raised-footrope trawls, large-mesh belly
panel trawls, and rope separator trawls.
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The reduced possession limits are
intended to reduce landings and catch
and to incentivize fishermen to use gear
and gear configurations that reduce the
catch of red hake.
TABLE 1—LIST OF GEARS AND ASSOCIATED POSSESSION LIMITS
Gear used
Possession limit
Small-mesh trawls <5.5-in (13.97-cm) square or diamond mesh ......................................................................................
Large mesh trawls ≥5.5-in (13.97-cm) square or diamond mesh and small-mesh selective gear trawls (raised-footrope
trawls, large-mesh belly panel trawls, and rope separator trawls).
Gear other than trawl ..........................................................................................................................................................
The in-season accountability measure
will remain in place, which reduces the
possession limit to 400 lb (181 kg) for
all vessels when the total landings reach
or exceed the total allowable landings
(TAL) trigger of 40.4 percent of the
annual catch limit (ACL). The Regional
Administrator may deem other gears as
selective based on an evaluation of their
ability to adequately reduce the catch of
red hake and would announce such a
decisions through issuance of a rule in
the Federal Register consistent with the
process defined at 50 CFR
648.86(d)(1)(v)(B)(2).
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Proposed Rule Comments and
Responses
We received one relevant comment on
the proposed rule during the public
comment period. This commenter stated
that all small-mesh fisheries should
have restrictions on the length of wire
used to deploy fishing nets as a means
of catch control. The commenter also
noted that excessive amounts of wire
used on gear in the southern red hake
fishery are contributing to the higher
catches, whereas in the northern red
hake fishery, vessels are required to use
the raised-footrope trawl which has
restrictions on wire length. The
requirement to use a raised-footrope
trawl was implemented in the northern
fishery as a means to reduce bycatch of
other regulated species under the
Northeast Multispecies FMP. Currently
for southern red hake there are no gear
restrictions in place restricting the
length of wire that is allowed because
the same concern does not exist. This
action implements a higher reduced
possession limit for fishermen that use
more selective gear types such as the
raised-footrope trawl when fishing for
southern red hake, which is intended to
incentivize the use of more selective
gear. The Council could consider
additional gear restrictions for the
fishery and FMP in a future action, if it
chooses, and if additional conservation
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and management measures are
necessary.
Changes From the Proposed Rule
This final rule contains one clarifying
change in addition to what was
contained in the proposed rule. Under
section 305(d) of the Magnuson-Stevens
Act, we are also making one clarifying
change to a provision in the regulations
on the Raised Footrope Trawl Whiting
Fishery Exemption Area to ensure that
the language of that provision is
consistent with Framework Adjustment
35 to the Northeast Multispecies FMP
(see November 19, 2002, final rule (67
FR 69694) modifying the regulations
implementing Framework Adjustment
35 at 50 CFR 648.80). In preparing this
final rule, we noticed that this provision
in the regulations, as currently drafted,
could be confusing as to the timeframe
when the eastern portion of the
exemption area opens for fishing.
Currently, § 648.80(a)(15)(i)(F) states
that ‘‘Fishing may only occur from
September 1 through November 20 of
each fishing year, except that it may
occur in the eastern portion only of the
Raised Footrope Trawl Whiting Fishery
Exemption Area from November 21
through December 31 of each fishing
year.’’ This final rule adds the words
‘‘continue to’’ after ‘‘except that it may’’,
and replaces ‘‘from November 21’’, with
the phrase ‘‘, which remains open’’.
This change clarifies that the eastern
portion opens on September 1, when the
entire exemption area opens, and
remains open through December 31.
This clarifying correction does not
change any management measures
associated with this Exemption Area; it
only clarifies the dates that fishing
would be open in the exemption area,
consistent with the intent of Framework
Adjustment 35, as described in previous
rulemaking actions (see the final rule at
67 FR 69694; November 19, 2002).
Because the public had opportunity to
comment on these management
measures during the rulemaking process
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600-lb (272.2-kg).
1,000-lb (453.6-kg).
1,000-lb (453.6-kg).
for Framework Adjustment 35, and
because we are making only a minor,
clarifying correction to the existing
regulations, additional public comment
is not necessary.
Classification
NMFS is issuing this rule pursuant to
Section 304(b)(1)(A) of the MagnusonStevens Act, which provides specific
authority and procedure for
implementing this action. NMFS is also
issuing clarify regulatory text to a
previously implemented Framework
Adjustment pursuant to section 305(d).
The NMFS Assistant Administrator has
determined that this final rule is
consistent with the FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
This final rule does not contain
policies with federalism or ‘‘takings’’
implications, as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
This action does not contain any
collection-of-information requirements
subject to the Paperwork Reduction Act.
The Assistant Administrator for
Fisheries has determined that there is
good cause to waive the 30-day delay in
the date of effectiveness in accordance
with 5 U.S.C. 553(d)(3) of the
Administrative Procedure Act. This
action must be in place prior to a
separate action to implement the 2021–
2023 small-mesh multispecies
specifications (see the proposed rule at
86 FR 31262; June 11, 2021), which
would increase the ACL for southern
red hake. The 2021 fishing year began
on May 1, 2021, and the small-mesh
multispecies fishery is operating under
default specifications. In the separate
action, the Council recommends an 89
percent increase in the 2021 catch limits
for southern red hake based on data
seen in the NMFS trawl surveys; the
Council recommended implementing
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this increase in the catch limit as soon
as possible, basing its recommendation
on the most recent stock assessment
data that the Council also used in
developing the rebuilding plan
implemented by this final rule. A 30day delay in the date of effectiveness
would postpone the implementation of
this final rule, and, hence the
implementation of the final 2021
specifications that rely on this action,
and would be contrary to the public
interest. The delay could create
confusion and potential economic harm
to the small-mesh multispecies fishery
due to lost opportunity under the
current, lower catch limit, and due to
the potential triggering of unnecessary
accountability measures for southern
red hake early in the year under the
current, lower catch limits. In addition
a 30-day delay in the date of
effectiveness would not benefit the
regulated parties, as no additional time
is required to come into compliance
with this final rule. Complying with this
final rule simply means adhering to the
new possession limits and management
measures set in this action. Fishery
stakeholders have also been involved in
the development of this action, and are
anticipating the issuance of this rule.
For all of these reasons, NMFS finds
that the need to implement these
measures in a timely manner constitute
good cause to waive the 30-day delay in
this final rule’s date of effectiveness.
For similar reasons, and to avoid
confusion, NMFS finds good cause to
waive the 30-day delay in the date of
effectiveness with respect to this final
rule’s change from the proposed rule, as
described above in the Changes From
the Proposed Rule section, because the
change simply clarifies a potentially
confusing regulatory provision and does
not amend any management measures.
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 final
regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
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Dated: January 19, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.80, revise paragraph
(a)(15)(i)(F) to read as follows:
■
§ 648.80 NE Multispecies regulated mesh
areas and restrictions on gear and methods
of fishing.
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(a) * * *
(15) * * *
(i) * * *
(F) Fishing may only occur from
September 1 through November 20 of
each fishing year, except that it may
continue to occur in the eastern portion
only of the Raised Footrope Trawl
Whiting Fishery Exemption Area, which
remains open through December 31 of
each fishing year.
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■ 3. In § 648.86, add paragraph (d)(1)(v)
to read as follows:
§ 648.86 NE Multispecies possession
restrictions.
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(d) * * *
(1) * * *
(v) Possession of southern red hake
while under a rebuilding plan. When
the southern red hake stock, defined as
statistical areas 525–526, 533–534, 541–
543, 537–539, 562, 611–616, 621–623,
625–628, 631–634, 635–638, is under a
rebuilding plan, the year-round
possession limit for southern red hake
shall be the following:
(A) Vessels possessing on board or
using nets of mesh size smaller than 5.5
in (13.97 cm). Owners and operators of
vessels may possess and land no more
than 600 lb (272 kg) of southern red
hake per trip when:
(1) Using trawls with diamond or
square mesh size less than 5.5 in (13.97
cm); and/or
(2) A vessel is in possession of a net
with mesh size smaller than 5.5 in
(13.97 cm), unless it is properly stowed
and not available for immediate use in
accordance with § 648.2 and not used
on that trip.
(B) Vessels using nets of mesh size
greater than or equal to 5.5 in (13.97
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cm), using small-mesh selective trawls,
or gear other than trawl. Owners and
operators may possess and land no more
than 1,000 lb (453 kg) of southern red
hake per trip when:
(1) Using trawls with diamond or
square mesh size 5.5 in (13.97 cm) or
larger;
(2) Using small-mesh selective gear,
including raised-footrope trawls as
defined in § 648.80(a)(9)(ii), large-mesh
belly panel trawls as defined in
§ 648.84(f), rope separator trawls as
defined in § 648.84(e), and other
selective gears deemed by the Regional
Administrator to adequately reduce the
catch of red hake; or
(3) When using gears other than
trawls.
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■ 4. In § 648.90, revise paragraphs (b)(2)
introductory text and (b)(2)(i) to read as
follows:
§ 648.90 NE multispecies assessment,
framework procedures and specifications,
and flexible area action system.
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(b) * * *
(2) Process for specifying ABCs, ACLs,
and TALs. The Whiting PDT shall
calculate the OFL and ABC values for
each small-mesh multispecies stock
based on the control rules established in
the FMP. These calculations shall be
reviewed by the SSC and guided by
terms of reference developed by the
Council. The ACLs and TALs shall be
calculated based on the SSC’s approved
ABCs, as specified in paragraphs
(a)(2)(i)(A) through (C) and (a)(2)(ii)(A)
through (C) of this section.
(i) Red hake—(A) ABCs. (1) The
Council’s SSC will recommend an ABC
to the Council for both the northern and
southern stocks of red hake. The red
hake ABCs are reduced from the OFLs
based on an adjustment for scientific
uncertainty as specified in the FMP; the
ABCs must be less than or equal to the
OFL.
(2) While the southern red hake stock
is under a rebuilding plan, the ABC for
that stock shall be set to 75-percent of
the OFL for the duration of the
rebuilding period or until the stock
reaches its biomass target, whichever
occurs first.
(B) ACLs. The red hake ACLs are
equal to 95 percent of the corresponding
ABCs.
(C) TALs. (1) The red hake TALs are
equal to the northern red hake and
southern red hake ACLs minus a discard
estimate based on the most recent 3
years of data and then reduced by 3
percent to account for silver hake and
offshore hake landings that occur in
state waters.
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(2) If more than two-thirds of the
southern red hake TAL is harvested in
a single year, the Regional
Administrator shall consult with the
Council and will consider implementing
quarterly TALs in the following fishing
year, as prescribed in the FMP and in a
manner consistent with the
requirements of the Administrative
Procedure Act.
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catch limit, and total allowable landings
every four years. Collectively, these are
the red crab specifications. Prior to the
start of fishing year 2020, the Council
recommended specifications for the
2020–2023 fishing years (Table 1).
TABLE 1—COUNCIL-APPROVED 2020–
2023 RED CRAB SPECIFICATIONS
Metric
ton
Million
lb
[FR Doc. 2022–01389 Filed 1–24–22; 8:45 am]
Acceptable Biological Catch ...
Annual Catch Limit ..................
BILLING CODE 3510–22–P
Total Allowable Landings
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No.: 220119–0025; RTID 0648–
XX076]
Fisheries of the Northeastern United
States; Atlantic Deep-Sea Red Crab
Fishery; Final 2022 Atlantic Deep-Sea
Red Crab Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
We are finalizing
specifications for the 2022 Atlantic
deep-sea red crab fishery, including an
annual catch limit and total allowable
landings limit. This action is necessary
to fully implement previously projected
allowable red crab harvest levels that
will prevent overfishing and allow
harvesting of optimum yield. This
action is intended to establish the
allowable 2022 harvest levels,
consistent with the Atlantic Deep-Sea
Red Crab Fishery Management Plan.
DATES: The final specifications for the
2022 Atlantic deep-sea red crab fishery
are effective March 1, 2022, through
February 28, 2023.
FOR FURTHER INFORMATION CONTACT:
Allison Murphy, Fishery Policy Analyst,
(978) 281–9122.
SUPPLEMENTARY INFORMATION: The
Atlantic deep-sea red crab fishery is
managed by the New England Fishery
Management Council. The Atlantic
Deep-Sea Red Crab Fishery Management
Plan includes a specification process
that requires the New England Fishery
Management Council to recommend an
acceptable biological catch, an annual
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SUMMARY:
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2,000
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On April 14, 2020, we approved the
Council-recommended specifications for
the 2020 fishing year, effective through
February 28, 2021, and we projected the
continuation of those specifications for
2021–2023 (85 FR 20615). At the end of
each fishing year, we evaluate catch
information and determine if the quota
has been exceeded. If a quota is
exceeded, the regulations at 50 CFR
648.262(b) require a pound-for-pound
reduction in a subsequent fishing year.
We have reviewed available 2021
fishery information against the projected
2022 specifications. There have been no
annual catch limit or total allowable
landings overages, nor is there any new
biological information that would
require altering the projected 2022
specifications published in 2020. Based
on this information, we are finalizing
specifications for fishing year 2022, as
projected in the 2020 specifications
rule, and outlined above in Table 1.
These specifications are not expected to
result in overfishing, and they
adequately account for scientific
uncertainty.
Classification
The NMFS Assistant Administrator
has determined that this final rule is
consistent with the Atlantic Deep-Sea
Red Crab Fishery Management Plan, the
Magnuson-Stevens Fishery
Conservation and Management Act, and
other applicable law.
This rule is exempt from review
under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), we
find good cause to waive prior public
notice and opportunity for public
comment on the catch limit and
allocation adjustments, because
allowing time for notice and comment is
contrary to the public interest. The
proposed rule for the 2020–2023
specifications provided the public with
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3697
the opportunity to comment on the
specifications, including the projected
2021 through 2023 specifications (85 FR
9717, February 20, 2020). We received
no comments on the proposed rule
announcing the projected 2021–2023
specifications and the process for
announcing finalized interim year
quotas. Further, this final rule contains
no changes from the projected 2022
specifications that were included in
both the February 20, 2020, proposed
rule and the April 14, 2020, final rule.
The public and industry participants
expect this action. Through both the
proposed rule for the 2020–2023
specifications and the final rule for the
2020 specifications, we alerted the
public that we would conduct a review
of the latest available catch information
in each of the interim years of the multiyear specifications and announce the
final quota prior to the March 1 start of
the fishing year. Thus, the proposed and
final rules that contained the projected
2021–2023 specifications provided a
full opportunity for the public to
comment on the substance and process
of this action.
The Chief Counsel for Regulation,
Department of Commerce, previously
certified to the Chief Counsel for
Advocacy of the Small Business
Administration (SBA) that the 2020–
2023 red crab specifications would not
have a significant economic impact on
a substantial number of small entities.
Implementing the 2022 specifications
will not change the conclusions drawn
in that previous certification to the SBA.
Because advance notice and the
opportunity for public comment are not
required for this action under the
Administrative Procedure Act, or any
other law, the analytical requirements of
the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., do not apply to this rule.
Therefore, no new regulatory flexibility
analysis is required and none has been
prepared.
This action does not contain a
collection of information requirement
for the purposes of the Paperwork
Reduction Act.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 19, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022–01391 Filed 1–24–22; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 87, Number 16 (Tuesday, January 25, 2022)]
[Rules and Regulations]
[Pages 3694-3697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01389]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No.: 220119-0030]
RIN 0648-BK10
Fisheries of the Northeastern United States; Southern Red Hake
Rebuilding Plan; Framework Adjustment 62 to the Small-Mesh Multispecies
Fishery Management Plan
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS approves and implements Framework Adjustment 62 for
Whiting, Red Hake, and Offshore Hake to the Northeast Multispecies
Fishery Management Plan. This action establishes a 10-year rebuilding
plan, including a rebuilding schedule and change in possession limits
for the overfished southern red hake stock. This action is necessary to
meet the statutory requirements for an overfished stock and rebuilding
plan consistent with the Magnuson-Stevens Fishery Conservation and
Management Act. This action is intended to rebuild the southern red
hake stock and help achieve optimum yield in the commercial fishery.
DATES: Effective January 25, 2022.
ADDRESSES: The New England Fishery Management Council developed an
environmental assessment (EA) for this action that describes and
analyzes these measures and other considered alternatives. Copies of
Framework Adjustment 62, including the EA and information on the
economic impacts of this rulemaking, are available upon request from
Thomas A. Nies, Executive Director, New England Fishery Management
Council, 50 Water Street, Newburyport, MA 01950 and accessible via the
internet in documents available at: https://www.nefmc.org/library/framework-62.
Copies of the small entity compliance guide are available from
Michael Pentony, Regional Administrator, NMFS, Greater Atlantic
Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA
01930-2298, or available on the internet at: https://www.greateratlantic.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Policy
Analyst, 978-282-8456.
SUPPLEMENTARY INFORMATION:
Background
In January 2018, the southern red hake stock was declared
overfished. To meet the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) requirements of an overfished
stock, a rebuilding plan and associated management measures are
necessary to prevent overfishing, ensure adequate rebuilding, and help
achieve optimum yield in the fishery. The New England Fishery
Management Council took final action on Framework Adjustment 62
(Framework 62) to the Northeast Multispecies Fishery Management Plan at
its June 2020 meeting and submitted the action to us in mid-August
2020. NMFS published a proposed rule on July 12, 2021 (86 FR 36519),
with a comment period ending on July 27, 2021.
NMFS has approved all of the measures in Framework 62 recommended
by the Council, as described below. This final rule establishes a 10-
year rebuilding plan, including a rebuilding schedule and change in
possession limits for the overfished southern red hake stock. The
Magnuson-Stevens Act allows NMFS to approve, partially approve, or
disapprove measures proposed by the Council based on whether the
measures are consistent with the FMP, the Magnuson-Stevens Act and its
National Standards, and other applicable law. Details concerning the
development of these measures were contained in the preamble of the
proposed rule and are not repeated here.
Southern Red Hake Rebuilding Schedule
This action establishes a 10-year rebuilding schedule for southern
red hake. Under this rebuilding program, catch limits will be
established by reducing the acceptable biological catch (ABC) to 75
percent of the fishing mortality rate at maximum sustainable yield
(FMSY) for the duration of the rebuilding period, or until
the stock reaches its biomass target, whichever happens first. In past
years, the ABC has been set at 90 percent or higher of the
FMSY, consistent with the Council's Scientific and
Statistical Committee recommendations.
Changes to Southern Red Hake Possession Limits
This action will also decrease the trip possession limit from 5,000
lb (2,268 kg) to a dual 1,000-lb/600-lb (453.6-kg/272.2-kg) possession
limit based on the selectivity of the gear type or mesh size being used
(Table 1). The 600-lb (272.2-kg) possession limit will apply to
[[Page 3695]]
standard small-mesh trawls (less than 5.5-inch (13.97-cm) square or
diamond mesh), which are less selective, while the 1,000-lb (453.6-kg)
possession limit will apply to large-mesh trawls and other more
selective gear types. In addition, the 1,000-lb (453.6-kg) possession
limit applies to vessels when using gears other than trawls. These
small-mesh selective gear types include raised-footrope trawls, large-
mesh belly panel trawls, and rope separator trawls. The reduced
possession limits are intended to reduce landings and catch and to
incentivize fishermen to use gear and gear configurations that reduce
the catch of red hake.
Table 1--List of Gears and Associated Possession Limits
------------------------------------------------------------------------
Gear used Possession limit
------------------------------------------------------------------------
Small-mesh trawls <5.5-in (13.97- 600-lb (272.2-kg).
cm) square or diamond mesh.
Large mesh trawls >=5.5-in (13.97- 1,000-lb (453.6-kg).
cm) square or diamond mesh and
small-mesh selective gear trawls
(raised-footrope trawls, large-
mesh belly panel trawls, and rope
separator trawls).
Gear other than trawl............. 1,000-lb (453.6-kg).
------------------------------------------------------------------------
The in-season accountability measure will remain in place, which
reduces the possession limit to 400 lb (181 kg) for all vessels when
the total landings reach or exceed the total allowable landings (TAL)
trigger of 40.4 percent of the annual catch limit (ACL). The Regional
Administrator may deem other gears as selective based on an evaluation
of their ability to adequately reduce the catch of red hake and would
announce such a decisions through issuance of a rule in the Federal
Register consistent with the process defined at 50 CFR
648.86(d)(1)(v)(B)(2).
Proposed Rule Comments and Responses
We received one relevant comment on the proposed rule during the
public comment period. This commenter stated that all small-mesh
fisheries should have restrictions on the length of wire used to deploy
fishing nets as a means of catch control. The commenter also noted that
excessive amounts of wire used on gear in the southern red hake fishery
are contributing to the higher catches, whereas in the northern red
hake fishery, vessels are required to use the raised-footrope trawl
which has restrictions on wire length. The requirement to use a raised-
footrope trawl was implemented in the northern fishery as a means to
reduce bycatch of other regulated species under the Northeast
Multispecies FMP. Currently for southern red hake there are no gear
restrictions in place restricting the length of wire that is allowed
because the same concern does not exist. This action implements a
higher reduced possession limit for fishermen that use more selective
gear types such as the raised-footrope trawl when fishing for southern
red hake, which is intended to incentivize the use of more selective
gear. The Council could consider additional gear restrictions for the
fishery and FMP in a future action, if it chooses, and if additional
conservation and management measures are necessary.
Changes From the Proposed Rule
This final rule contains one clarifying change in addition to what
was contained in the proposed rule. Under section 305(d) of the
Magnuson-Stevens Act, we are also making one clarifying change to a
provision in the regulations on the Raised Footrope Trawl Whiting
Fishery Exemption Area to ensure that the language of that provision is
consistent with Framework Adjustment 35 to the Northeast Multispecies
FMP (see November 19, 2002, final rule (67 FR 69694) modifying the
regulations implementing Framework Adjustment 35 at 50 CFR 648.80). In
preparing this final rule, we noticed that this provision in the
regulations, as currently drafted, could be confusing as to the
timeframe when the eastern portion of the exemption area opens for
fishing.
Currently, Sec. 648.80(a)(15)(i)(F) states that ``Fishing may only
occur from September 1 through November 20 of each fishing year, except
that it may occur in the eastern portion only of the Raised Footrope
Trawl Whiting Fishery Exemption Area from November 21 through December
31 of each fishing year.'' This final rule adds the words ``continue
to'' after ``except that it may'', and replaces ``from November 21'',
with the phrase ``, which remains open''. This change clarifies that
the eastern portion opens on September 1, when the entire exemption
area opens, and remains open through December 31. This clarifying
correction does not change any management measures associated with this
Exemption Area; it only clarifies the dates that fishing would be open
in the exemption area, consistent with the intent of Framework
Adjustment 35, as described in previous rulemaking actions (see the
final rule at 67 FR 69694; November 19, 2002). Because the public had
opportunity to comment on these management measures during the
rulemaking process for Framework Adjustment 35, and because we are
making only a minor, clarifying correction to the existing regulations,
additional public comment is not necessary.
Classification
NMFS is issuing this rule pursuant to Section 304(b)(1)(A) of the
Magnuson-Stevens Act, which provides specific authority and procedure
for implementing this action. NMFS is also issuing clarify regulatory
text to a previously implemented Framework Adjustment pursuant to
section 305(d). The NMFS Assistant Administrator has determined that
this final rule is consistent with the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
This final rule does not contain policies with federalism or
``takings'' implications, as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
This action does not contain any collection-of-information
requirements subject to the Paperwork Reduction Act.
The Assistant Administrator for Fisheries has determined that there
is good cause to waive the 30-day delay in the date of effectiveness in
accordance with 5 U.S.C. 553(d)(3) of the Administrative Procedure Act.
This action must be in place prior to a separate action to implement
the 2021-2023 small-mesh multispecies specifications (see the proposed
rule at 86 FR 31262; June 11, 2021), which would increase the ACL for
southern red hake. The 2021 fishing year began on May 1, 2021, and the
small-mesh multispecies fishery is operating under default
specifications. In the separate action, the Council recommends an 89
percent increase in the 2021 catch limits for southern red hake based
on data seen in the NMFS trawl surveys; the Council recommended
implementing
[[Page 3696]]
this increase in the catch limit as soon as possible, basing its
recommendation on the most recent stock assessment data that the
Council also used in developing the rebuilding plan implemented by this
final rule. A 30-day delay in the date of effectiveness would postpone
the implementation of this final rule, and, hence the implementation of
the final 2021 specifications that rely on this action, and would be
contrary to the public interest. The delay could create confusion and
potential economic harm to the small-mesh multispecies fishery due to
lost opportunity under the current, lower catch limit, and due to the
potential triggering of unnecessary accountability measures for
southern red hake early in the year under the current, lower catch
limits. In addition a 30-day delay in the date of effectiveness would
not benefit the regulated parties, as no additional time is required to
come into compliance with this final rule. Complying with this final
rule simply means adhering to the new possession limits and management
measures set in this action. Fishery stakeholders have also been
involved in the development of this action, and are anticipating the
issuance of this rule. For all of these reasons, NMFS finds that the
need to implement these measures in a timely manner constitute good
cause to waive the 30-day delay in this final rule's date of
effectiveness.
For similar reasons, and to avoid confusion, NMFS finds good cause
to waive the 30-day delay in the date of effectiveness with respect to
this final rule's change from the proposed rule, as described above in
the Changes From the Proposed Rule section, because the change simply
clarifies a potentially confusing regulatory provision and does not
amend any management measures.
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 final regulatory
flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: January 19, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.80, revise paragraph (a)(15)(i)(F) to read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
* * * * *
(a) * * *
(15) * * *
(i) * * *
(F) Fishing may only occur from September 1 through November 20 of
each fishing year, except that it may continue to occur in the eastern
portion only of the Raised Footrope Trawl Whiting Fishery Exemption
Area, which remains open through December 31 of each fishing year.
* * * * *
0
3. In Sec. 648.86, add paragraph (d)(1)(v) to read as follows:
Sec. 648.86 NE Multispecies possession restrictions.
* * * * *
(d) * * *
(1) * * *
(v) Possession of southern red hake while under a rebuilding plan.
When the southern red hake stock, defined as statistical areas 525-526,
533-534, 541-543, 537-539, 562, 611-616, 621-623, 625-628, 631-634,
635-638, is under a rebuilding plan, the year-round possession limit
for southern red hake shall be the following:
(A) Vessels possessing on board or using nets of mesh size smaller
than 5.5 in (13.97 cm). Owners and operators of vessels may possess and
land no more than 600 lb (272 kg) of southern red hake per trip when:
(1) Using trawls with diamond or square mesh size less than 5.5 in
(13.97 cm); and/or
(2) A vessel is in possession of a net with mesh size smaller than
5.5 in (13.97 cm), unless it is properly stowed and not available for
immediate use in accordance with Sec. 648.2 and not used on that trip.
(B) Vessels using nets of mesh size greater than or equal to 5.5 in
(13.97 cm), using small-mesh selective trawls, or gear other than
trawl. Owners and operators may possess and land no more than 1,000 lb
(453 kg) of southern red hake per trip when:
(1) Using trawls with diamond or square mesh size 5.5 in (13.97 cm)
or larger;
(2) Using small-mesh selective gear, including raised-footrope
trawls as defined in Sec. 648.80(a)(9)(ii), large-mesh belly panel
trawls as defined in Sec. 648.84(f), rope separator trawls as defined
in Sec. 648.84(e), and other selective gears deemed by the Regional
Administrator to adequately reduce the catch of red hake; or
(3) When using gears other than trawls.
* * * * *
0
4. In Sec. 648.90, revise paragraphs (b)(2) introductory text and
(b)(2)(i) to read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * * * *
(b) * * *
(2) Process for specifying ABCs, ACLs, and TALs. The Whiting PDT
shall calculate the OFL and ABC values for each small-mesh multispecies
stock based on the control rules established in the FMP. These
calculations shall be reviewed by the SSC and guided by terms of
reference developed by the Council. The ACLs and TALs shall be
calculated based on the SSC's approved ABCs, as specified in paragraphs
(a)(2)(i)(A) through (C) and (a)(2)(ii)(A) through (C) of this section.
(i) Red hake--(A) ABCs. (1) The Council's SSC will recommend an ABC
to the Council for both the northern and southern stocks of red hake.
The red hake ABCs are reduced from the OFLs based on an adjustment for
scientific uncertainty as specified in the FMP; the ABCs must be less
than or equal to the OFL.
(2) While the southern red hake stock is under a rebuilding plan,
the ABC for that stock shall be set to 75-percent of the OFL for the
duration of the rebuilding period or until the stock reaches its
biomass target, whichever occurs first.
(B) ACLs. The red hake ACLs are equal to 95 percent of the
corresponding ABCs.
(C) TALs. (1) The red hake TALs are equal to the northern red hake
and southern red hake ACLs minus a discard estimate based on the most
recent 3 years of data and then reduced by 3 percent to account for
silver hake and offshore hake landings that occur in state waters.
[[Page 3697]]
(2) If more than two-thirds of the southern red hake TAL is
harvested in a single year, the Regional Administrator shall consult
with the Council and will consider implementing quarterly TALs in the
following fishing year, as prescribed in the FMP and in a manner
consistent with the requirements of the Administrative Procedure Act.
* * * * *
[FR Doc. 2022-01389 Filed 1-24-22; 8:45 am]
BILLING CODE 3510-22-P
