Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2021-2023 Small-Mesh Multispecies Specifications, 5405-5408 [2022-02000]
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Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Rules and Regulations
Effects on the Energy Supply (Executive
Order 13211)
Consultation With Indian Tribes
(Executive Order 13175 and
Department Policy)
The Department of the Interior strives
to strengthen its government-togovernment relationship with Indian
Tribes through a commitment to
consultation with Indian tribes and
recognition of their right to selfgovernance and tribal sovereignty. The
NPS has evaluated this rule under the
criteria in Executive Order 13175 and
under the Department’s tribal
consultation policy and has determined
that tribal consultation is not required
because the rule will have no
substantial direct effect on federally
recognized Indian tribes.
Paperwork Reduction Act
This rule does not contain
information collection requirements,
and a submission to the Office of
Management and Budget under the
Paperwork Reduction Act is not
required. The NPS may not conduct or
sponsor and the public is not required
to respond to a collection of information
unless it displays a currently valid OMB
control number.
tkelley on DSK125TN23PROD with RULES1
National Environmental Policy Act
This rule does not constitute a major
federal action significantly affecting the
quality of the human environment. A
detailed statement under the National
Environmental Policy Act of 1969
(NEPA) is not required because the rule
is covered by a categorical exclusion.
The NPS has determined the rule is
categorically excluded under NPS NEPA
Handbook 2015 Section 3.3(A)(8)
because this rule revises existing
regulations for the Lakeshore in a
manner that would not (i) increase
public use to the extent of
compromising the nature and character
of the area or causing physical damage
to it; (ii) introduce noncompatible uses
that might compromise the nature and
characteristics of the area or cause
physical damage to it; (iii) conflict with
adjacent ownerships or land uses; or (iv)
cause a nuisance to adjacent owners or
occupants. The rule does not change the
allowed level of snowmobile use at the
Lakeshore. It clarifies where
snowmobiles are already allowed by
replacing an incomplete list of routes
and a general statement allowing
snowmobiles on unplowed roads and
shoulders of plowed roads with a
comprehensive list of legal snowmobiles
routes. The NPS has also determined
that the rule does not involve any of the
extraordinary circumstances listed in 43
CFR 46.215 that would require further
analysis under NEPA.
VerDate Sep<11>2014
16:16 Jan 31, 2022
Jkt 256001
This rule is not a significant energy
action under the definition in Executive
Order 13211. The rule is not likely to
have a significant adverse effect on the
supply, distribution, or use of energy,
and the Administrator of OIRA has not
designated the rule as a significant
energy action. A Statement of Energy
Effects is not required.
List of Subjects in 36 CFR Part 7
District of Columbia, National Parks,
Reporting and recordkeeping
requirements.
In consideration of the foregoing, the
National Park Service amends 36 CFR
part 7 as follows:
PART 7—SPECIAL REGULATIONS,
AREAS OF THE NATIONAL PARK
SYSTEM
1. The authority for part 7 continues
to read as follows:
■
Authority: 54 U.S.C. 100101, 100751,
320102; Sec. 7.96 also issued under D.C.
Code 10–137 and D.C. Code 50–2201.07.
2. Amend § 7.32 by:
a. Revising paragraph (a)(1)
introductory text and paragraphs
(a)(1)(v), (viii), and (ix);
■ b. Redesignating paragraph (a)(1)(x) as
paragraph (a)(1)(xvi);
■ c. Adding new paragraph (a)(1)(x) and
paragraphs (a)(1)(xi) through (xv);
■ d. Revising newly redesignated
paragraph (a)(1)(xvi);
■ e. Revising paragraph (a)(3); and
■ f. Adding paragraph (a)(4).
The revisions and additions to read as
follows:
■
■
§ 7.32
Pictured Rocks National Lakeshore.
(a) * * *
(1) Snowmobiles are allowed on the
following routes and water surfaces
within Pictured Rocks National
Lakeshore:
*
*
*
*
*
(v) The road from County Road H–58
at the park boundary to the Little Beaver
Lake Campground.
*
*
*
*
*
(viii) The road from County Road
H–58 to the Log Slide parking area.
(ix) The section of Michigan
Dimension Road from the park
boundary to the Log Slide parking area.
(x) The South Grand Sable Lake Road,
starting at Towes Creek (T49N, R14W,
Sections 14 and 23), heading south in
and out of the fee zone area.
(xi) Portions of County Road H–58
that are within park boundaries between
Twelvemile Beach and Log Slide scenic
overlook (T49N, R15W, Sections 9, 10,
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5405
11, 13, 14, and 16 and T49, 14W,
Section 18).
(xii) Portions of County Road H–58
that are within park boundaries between
Log Slide Scenic Overlook and the
Grand Sable Visitor Center (T49N,
R14W, Sections 10, 11, 15, 16, and 17).
(xiii) County Road H–58 between
Grand Sable Visitor Center to the
eastern extent of the park boundary
(T49N, R14W, Sections 1, 11, and 12).
(xiv) Portions of Lowder Road that are
within park boundaries from M77 to
Grand Sable Lake Boat Ramp (T48N,
R16W, Sections 21 and 29).
(xv) Portions of Beaver Basin
Overlook Road from County Road H–58
to the Beaver Basin Overlook (T49N,
R14W, Sections 11, and 12).
(xvi) The frozen water surfaces of
Lake Superior and Grand Sable Lake.
*
*
*
*
*
(3) Snowmobile use outside
designated routes and frozen water
surfaces is prohibited. Snowmobiles are
restricted to the road shoulders of routes
that are plowed. The prohibitions in this
paragraph do not apply to emergency
administrative travel by employees of
the National Park Service or law
enforcement agencies.
(4) The Superintendent may open or
close these routes and water surfaces, or
portions thereof, to snowmobile travel
after taking into consideration the
location of wintering wildlife,
appropriate snow cover, public safety,
and other factors. The Superintendent
will provide notice of such opening or
closing by one or more of the methods
listed in § 1.7(a) of this chapter.
*
*
*
*
*
Shannon A. Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2022–02015 Filed 1–31–22; 8:45 am]
BILLING CODE 4312–52–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 220124–0032]
RIN 0648–BK55
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; 2021–2023 Small-Mesh
Multispecies Specifications
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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5406
ACTION:
Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Rules and Regulations
Final rule.
NMFS approves and
implements final small-mesh
multispecies specifications for the 2021
fishing year, and projected
specifications for fishing years 2022 and
2023, as recommended by the New
England Fishery Management Council.
This action also increases the whiting
possession limit for certain trips and
restores the in-season adjustment trigger
for northern red hake. This action is
necessary to establish allowable harvest
levels and other management measures
consistent with the most recent
scientific information. This rule informs
the public of these final fishery
specifications for the 2021 fishing year.
DATES: Effective February 1, 2022.
ADDRESSES: The New England Fishery
Management Council prepared an
environmental assessment (EA) for these
specifications that describes the action
and other considered alternatives. The
EA provides an analysis of the
biological, economic, and social impacts
of the preferred measures and other
considered alternatives; a Regulatory
Impact Review; and economic analysis.
Copies of these specifications, including
the EA, Regulatory Flexibility Act
Analyses, and other supporting
documents for the action are available
SUMMARY:
upon request from Thomas A. Nies,
Executive Director, New England
Fishery Management Council, 50 Water
Street, Newburyport, MA 01950. These
documents are also accessible via the
internet at https://www.nefmc.org/
management-plans/small-meshmultispecies.
FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fishery Policy
Analyst, (978) 282–8456.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery
Management Council manages the
small-mesh multispecies fishery within
the Northeast Multispecies Fishery
Management Plan (FMP). The smallmesh multispecies fishery is made up of
three species of hakes that are managed
as five stocks: Northern and southern
silver hake; northern and southern red
hake; and offshore hake. Southern silver
hake and offshore hake are often
grouped together for management
purposes and collectively referred to as
‘‘southern whiting.’’ Amendment 19 to
the FMP (April 4, 2013; 78 FR 20260)
established a process for specifying
catch limits for the small-mesh
multispecies fishery stocks; including
values for an overfishing limit (OFL),
acceptable biological catch (ABC),
annual catch limit (ACL), and total
allowable landings (TAL). The FMP
requires that this specifications process
be implemented on an annual basis for
up to 3 years at a time with each fishing
year running from May 1 through April
30. This action implements catch limit
specifications for the 2021 small-mesh
multispecies fishery, and announces
projected specifications for fishing years
2022 and 2023 based on the Council’s
recommendations. This action also
revises some management measures to
reduce regulatory discards in the fishery
and increase the opportunity to achieve
optimum yield.
The proposed rule for this action
published in the Federal Register on
June 11, 2021 (86 FR 31262), and
comments were accepted through June
28, 2021. NMFS received no comments
from the public.
Final Specifications
This action implements the Council’s
recommendations for 2021 and
projected 2022–2023 small-mesh
multispecies catch specifications, as
well as revised management measures to
reduce regulatory discards, as outlined
in the proposed rule. Specifications for
fishing years 2022 and 2023 are
projected to be the same as the 2021
limits (Table 1).
TABLE 1—SMALL-MESH MULTISPECIES SPECIFICATIONS FOR FISHING YEARS 2021–2023 (METRIC TONS), WITH THE
PERCENT CHANGE IN THE TAL FROM FISHING YEAR 2020
OFL
Northern Red Hake .............................................................
Northern Silver Hake ...........................................................
Southern Red Hake .............................................................
Southern Whiting .................................................................
ABC
Unknown ........
39,930 ............
N/A .................
72,160 ............
ACL
3,452
20,410
1,505
40,990
TAL
3,278
19,387
1,429
38,941
Percent
change
1,405
17,457
422
28,742
+413
¥34
+89
+99
tkelley on DSK125TN23PROD with RULES1
* Southern whiting includes both southern silver hake and offshore hake.
In a separate action (Framework
Adjustment 62 to the Northeast
Multispecies FMP), the Council adopted
a 10-year rebuilding program for
southern red hake because this stock
was declared overfished in 2018 (see the
final rule at 87 FR 3694, January 25,
2022). Although the quota for southern
red hake implemented in the action will
increase while this stock enters a
rebuilding period, this adjustment is
intended to reduce regulatory discards
by converting more catch to landings
and allow continued operation of the
fishery while still enhancing the
rebuilding potential for southern red
hake. The Council’s recommended ABC
for southern red hake is 75 percent of
what was recommended by the
Council’s Scientific and Statistical
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Jkt 256001
Committee, in accordance with the
rebuilding plan.
This action also revises management
measures within the small-mesh
multispecies fishery to reduce
regulatory discards and improve fishery
operations. The possession limit for
whiting (silver hake and offshore hake)
on trips using gear with less than 3-inch
(7.6-cm) mesh is increasing from 3,500
lb (1,587.6 kg) and 7,500 lb (3,401.9 kg)
to 15,000 lb (6,803.9 kg). Additionally,
the in-season adjustment trigger for
northern red hake is being restored to 90
percent of the annual quota from the
current 37.9-percent trigger. This is
intended to allow the fishery to harvest
the TAL without being prematurely
restricted by a reduced possession limit
by bringing the starting point for the
post-season ACL overage accountability
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Fmt 4700
Sfmt 4700
measure back to the original trigger
level. The Council will review the
projected 2022 and 2023 specifications
to determine if any changes need to be
made prior to their final
implementation. NMFS will publish a
notice prior to the start of each fishing
year to confirm the projected
specifications or announce any
necessary changes.
Changes From the Proposed Rule
NMFS has not made any changes to
the proposed regulatory text and there
are no changes from the proposed rule.
Classification
Pursuant to section 304(b)(3) of the
Magnuson Stevens Fishery Conservation
and Management Act (MagnusonStevens Act), the NMFS Assistant
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01FER1
tkelley on DSK125TN23PROD with RULES1
Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Rules and Regulations
Administrator has determined that these
final specifications are necessary for the
conservation and management of the
small-mesh multispecies fishery, and
that they are consistent with the
Northeast Multispecies FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
The Council reviewed the regulations
for this action and deemed them
necessary and appropriate to implement
consistent with section 303(c) of the
Magnuson-Stevens Act.
This final rule is effective upon the
date of publication in the Federal
Register February 1, 2022. This final
rule is not subject to the Administrative
Procedure Act (APA) provision
requiring a 30-day delay in the date of
effectiveness because this rule falls
within two of the APA exceptions (5
U.S.C. 553(d)(1) and (3)). The first
exception, at 5 U.S.C. 553(d)(1), applies
for a substantive rule that relieves a
restriction. This action relieves a
restriction by increasing annual quota
catch and possession limits for several
stocks in the small-mesh multispecies
fishery. Specifically, in order to provide
additional flexibility to the fishing
industry and reduce unnecessary
regulatory discards, this final rule
increases commercial quotas for three of
the four hake stocks managed in this
fishery, increases the possession limit of
whiting for vessels using a certain mesh
size to 15,000 lb (6,803.9 kg), and
increases the threshold trigger to 90
percent of the TAL for when northern
red hake inseason accountability
measures must be implemented.
In addition, NMFS finds good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delay in this rule’s effective date
for the following reasons. Waiving the
delay in the date of effectiveness
ensures that these final specifications
are in place as close as practicable to the
start of the 2021 small-mesh
multispecies fishing year, which began
on May 1, 2021. Although the 2020
catch limits have rolled over in the
absence of implementation of these new
specifications, the 2020 catch limits are
not based on the most recent stock
assessment data and are unnecessarily
restrictive. A 30-day delay in the date of
effectiveness that further postpones the
implementation of the increase in
whiting possession limits would be
contrary to the public interest, as the
lost economic opportunity during the
period of the additional 30-day delay
could cause potential economic harm to
participants in the small-mesh
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16:16 Jan 31, 2022
Jkt 256001
multispecies fishery. Currently,
unfavorable market conditions in the
whiting fishery is the main reason that
whiting catch is being discarded rather
than being sold; however, market
conditions can change at any time and
become more favorable to landing
whiting causing a higher percentage of
vessels to be constrained by the lower
power possession limit. Additional
delay also could risk the unnecessary
triggering of accountability measures for
northern red hake during the remainder
of the fishing year under the current
catch threshold of 37.9 percent before
this action can raise the catch threshold
to 90 percent. Finally, the additional
time afforded by a 30-day delay in the
date of effectiveness is not necessary in
order for participants in the fishery to
come into compliance with this rule.
Vessels fishing for small-mesh
multispecies will not be required to
purchase new equipment or expend
time or money to comply with these
management measures. Compliance
with this final rule does not require an
adjustment period, because complying
simply means adhering to the new catch
limits and management measures set for
the fishing year. In addition, fishery
stakeholders have been involved in the
development of this rule and are
anticipating the implementation of this
action.
This final rule has been determined to
be not significant for purposes of
Executive Order 12866.
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 and the initial
certification remains unchanged. As a
result, a final regulatory flexibility
analysis is not required and none was
prepared.
This final rule does not duplicate,
conflict, or overlap with any existing
Federal rules.
This action contains no information
collection requirements under the
Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and
recordkeeping requirements.
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5407
Dated: January 26, 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 § 648.86, revise paragraph
(d)(1)(i) and remove and reserve
paragraph (d)(1)(ii).
The revision reads as follows:
■
§ 648.86 NE Multispecies possession
restrictions.
*
*
*
*
*
(d) * * *
(1) * * *
(i) Vessels possessing on board or
using nets of mesh size smaller than 3
in (7.62 cm). Owners or operators of a
vessel may possess and land not more
than 15,000 lb (6,804 kg) of combined
silver hake and offshore hake, if either
of the following conditions apply:
(A) The mesh size of any net or any
part of a net used by or on board the
vessel is smaller than 3 inches (7.62
cm), as applied to the part of the net
specified in paragraph (d)(1)(iv) of this
section, as measured in accordance with
§ 648.80(f); or
(B) The mesh size of any net or part
of a net on board the vessel not
incorporated into a fully constructed net
is smaller than 3 inches (7.62 cm), as
measured by methods specified in
§ 648.80(f). ‘‘Incorporated into a fully
constructed net’’ means that any mesh
smaller than 3 inches (7.62 cm) that is
incorporated into a fully constructed net
may occur only in the part of the net not
subject to the mesh size restrictions
specified in paragraph (d)(1)(iv) of this
section, and the net into which the
mesh is incorporated must be available
for immediate use.
*
*
*
*
*
■ 3. In § 648.90, revise paragraph
(b)(5)(iii) to read as follows:
§ 648.90 NE multispecies assessment,
framework procedures and specifications,
and flexible area action system.
*
*
*
(b) * * *
(5) * * *
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*
5408
Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Rules and Regulations
(iii) Small-mesh multispecies inseason adjustment triggers. The smallmesh multispecies in-season
accountability measure adjustment
triggers are as follows:
Species
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18:50 Jan 31, 2022
*
*
*
*
[FR Doc. 2022–02000 Filed 1–31–22; 8:45 am]
BILLING CODE 3510–22–P
In-season
adjustment
trigger
(percent)
Northern Red Hake ..............
Northern Silver Hake ............
Southern Red Hake ..............
Southern Silver Hake ...........
VerDate Sep<11>2014
*
90
90
40.4
90
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01FER1
]]>Agencies
[Federal Register Volume 87, Number 21 (Tuesday, February 1, 2022)]
[Rules and Regulations]
[Pages 5405-5408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-02000]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 220124-0032]
RIN 0648-BK55
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; 2021-2023 Small-Mesh Multispecies Specifications
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 5406]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS approves and implements final small-mesh multispecies
specifications for the 2021 fishing year, and projected specifications
for fishing years 2022 and 2023, as recommended by the New England
Fishery Management Council. This action also increases the whiting
possession limit for certain trips and restores the in-season
adjustment trigger for northern red hake. This action is necessary to
establish allowable harvest levels and other management measures
consistent with the most recent scientific information. This rule
informs the public of these final fishery specifications for the 2021
fishing year.
DATES: Effective February 1, 2022.
ADDRESSES: The New England Fishery Management Council prepared an
environmental assessment (EA) for these specifications that describes
the action and other considered alternatives. The EA provides an
analysis of the biological, economic, and social impacts of the
preferred measures and other considered alternatives; a Regulatory
Impact Review; and economic analysis. Copies of these specifications,
including the EA, Regulatory Flexibility Act Analyses, and other
supporting documents for the action are available upon request from
Thomas A. Nies, Executive Director, New England Fishery Management
Council, 50 Water Street, Newburyport, MA 01950. These documents are
also accessible via the internet at https://www.nefmc.org/management-plans/small-mesh-multispecies.
FOR FURTHER INFORMATION CONTACT: Shannah Jaburek, Fishery Policy
Analyst, (978) 282-8456.
SUPPLEMENTARY INFORMATION:
Background
The New England Fishery Management Council manages the small-mesh
multispecies fishery within the Northeast Multispecies Fishery
Management Plan (FMP). The small-mesh multispecies fishery is made up
of three species of hakes that are managed as five stocks: Northern and
southern silver hake; northern and southern red hake; and offshore
hake. Southern silver hake and offshore hake are often grouped together
for management purposes and collectively referred to as ``southern
whiting.'' Amendment 19 to the FMP (April 4, 2013; 78 FR 20260)
established a process for specifying catch limits for the small-mesh
multispecies fishery stocks; including values for an overfishing limit
(OFL), acceptable biological catch (ABC), annual catch limit (ACL), and
total allowable landings (TAL). The FMP requires that this
specifications process be implemented on an annual basis for up to 3
years at a time with each fishing year running from May 1 through April
30. This action implements catch limit specifications for the 2021
small-mesh multispecies fishery, and announces projected specifications
for fishing years 2022 and 2023 based on the Council's recommendations.
This action also revises some management measures to reduce regulatory
discards in the fishery and increase the opportunity to achieve optimum
yield.
The proposed rule for this action published in the Federal Register
on June 11, 2021 (86 FR 31262), and comments were accepted through June
28, 2021. NMFS received no comments from the public.
Final Specifications
This action implements the Council's recommendations for 2021 and
projected 2022-2023 small-mesh multispecies catch specifications, as
well as revised management measures to reduce regulatory discards, as
outlined in the proposed rule. Specifications for fishing years 2022
and 2023 are projected to be the same as the 2021 limits (Table 1).
Table 1--Small-Mesh Multispecies Specifications for Fishing Years 2021-2023 (Metric Tons), With the Percent
Change in the TAL From Fishing Year 2020
----------------------------------------------------------------------------------------------------------------
Percent
OFL ABC ACL TAL change
----------------------------------------------------------------------------------------------------------------
Northern Red Hake........... Unknown........... 3,452 3,278 1,405 +413
Northern Silver Hake........ 39,930............ 20,410 19,387 17,457 -34
Southern Red Hake........... N/A............... 1,505 1,429 422 +89
Southern Whiting............ 72,160............ 40,990 38,941 28,742 +99
----------------------------------------------------------------------------------------------------------------
* Southern whiting includes both southern silver hake and offshore hake.
In a separate action (Framework Adjustment 62 to the Northeast
Multispecies FMP), the Council adopted a 10-year rebuilding program for
southern red hake because this stock was declared overfished in 2018
(see the final rule at 87 FR 3694, January 25, 2022). Although the
quota for southern red hake implemented in the action will increase
while this stock enters a rebuilding period, this adjustment is
intended to reduce regulatory discards by converting more catch to
landings and allow continued operation of the fishery while still
enhancing the rebuilding potential for southern red hake. The Council's
recommended ABC for southern red hake is 75 percent of what was
recommended by the Council's Scientific and Statistical Committee, in
accordance with the rebuilding plan.
This action also revises management measures within the small-mesh
multispecies fishery to reduce regulatory discards and improve fishery
operations. The possession limit for whiting (silver hake and offshore
hake) on trips using gear with less than 3-inch (7.6-cm) mesh is
increasing from 3,500 lb (1,587.6 kg) and 7,500 lb (3,401.9 kg) to
15,000 lb (6,803.9 kg). Additionally, the in-season adjustment trigger
for northern red hake is being restored to 90 percent of the annual
quota from the current 37.9-percent trigger. This is intended to allow
the fishery to harvest the TAL without being prematurely restricted by
a reduced possession limit by bringing the starting point for the post-
season ACL overage accountability measure back to the original trigger
level. The Council will review the projected 2022 and 2023
specifications to determine if any changes need to be made prior to
their final implementation. NMFS will publish a notice prior to the
start of each fishing year to confirm the projected specifications or
announce any necessary changes.
Changes From the Proposed Rule
NMFS has not made any changes to the proposed regulatory text and
there are no changes from the proposed rule.
Classification
Pursuant to section 304(b)(3) of the Magnuson Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant
[[Page 5407]]
Administrator has determined that these final specifications are
necessary for the conservation and management of the small-mesh
multispecies fishery, and that they are consistent with the Northeast
Multispecies FMP, other provisions of the Magnuson-Stevens Act, and
other applicable law.
The Council reviewed the regulations for this action and deemed
them necessary and appropriate to implement consistent with section
303(c) of the Magnuson-Stevens Act.
This final rule is effective upon the date of publication in the
Federal Register February 1, 2022. This final rule is not subject to
the Administrative Procedure Act (APA) provision requiring a 30-day
delay in the date of effectiveness because this rule falls within two
of the APA exceptions (5 U.S.C. 553(d)(1) and (3)). The first
exception, at 5 U.S.C. 553(d)(1), applies for a substantive rule that
relieves a restriction. This action relieves a restriction by
increasing annual quota catch and possession limits for several stocks
in the small-mesh multispecies fishery. Specifically, in order to
provide additional flexibility to the fishing industry and reduce
unnecessary regulatory discards, this final rule increases commercial
quotas for three of the four hake stocks managed in this fishery,
increases the possession limit of whiting for vessels using a certain
mesh size to 15,000 lb (6,803.9 kg), and increases the threshold
trigger to 90 percent of the TAL for when northern red hake inseason
accountability measures must be implemented.
In addition, NMFS finds good cause under 5 U.S.C. 553(d)(3) to
waive the 30-day delay in this rule's effective date for the following
reasons. Waiving the delay in the date of effectiveness ensures that
these final specifications are in place as close as practicable to the
start of the 2021 small-mesh multispecies fishing year, which began on
May 1, 2021. Although the 2020 catch limits have rolled over in the
absence of implementation of these new specifications, the 2020 catch
limits are not based on the most recent stock assessment data and are
unnecessarily restrictive. A 30-day delay in the date of effectiveness
that further postpones the implementation of the increase in whiting
possession limits would be contrary to the public interest, as the lost
economic opportunity during the period of the additional 30-day delay
could cause potential economic harm to participants in the small-mesh
multispecies fishery. Currently, unfavorable market conditions in the
whiting fishery is the main reason that whiting catch is being
discarded rather than being sold; however, market conditions can change
at any time and become more favorable to landing whiting causing a
higher percentage of vessels to be constrained by the lower power
possession limit. Additional delay also could risk the unnecessary
triggering of accountability measures for northern red hake during the
remainder of the fishing year under the current catch threshold of 37.9
percent before this action can raise the catch threshold to 90 percent.
Finally, the additional time afforded by a 30-day delay in the date of
effectiveness is not necessary in order for participants in the fishery
to come into compliance with this rule. Vessels fishing for small-mesh
multispecies will not be required to purchase new equipment or expend
time or money to comply with these management measures. Compliance with
this final rule does not require an adjustment period, because
complying simply means adhering to the new catch limits and management
measures set for the fishing year. In addition, fishery stakeholders
have been involved in the development of this rule and are anticipating
the implementation of this action.
This final rule has been determined to be not significant for
purposes of Executive Order 12866.
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 and the initial certification remains
unchanged. As a result, a final regulatory flexibility analysis is not
required and none was prepared.
This final rule does not duplicate, conflict, or overlap with any
existing Federal rules.
This action contains no information collection requirements under
the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: January 26, 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. 648.86, revise paragraph (d)(1)(i) and remove and reserve
paragraph (d)(1)(ii).
The revision reads as follows:
Sec. 648.86 NE Multispecies possession restrictions.
* * * * *
(d) * * *
(1) * * *
(i) Vessels possessing on board or using nets of mesh size smaller
than 3 in (7.62 cm). Owners or operators of a vessel may possess and
land not more than 15,000 lb (6,804 kg) of combined silver hake and
offshore hake, if either of the following conditions apply:
(A) The mesh size of any net or any part of a net used by or on
board the vessel is smaller than 3 inches (7.62 cm), as applied to the
part of the net specified in paragraph (d)(1)(iv) of this section, as
measured in accordance with Sec. 648.80(f); or
(B) The mesh size of any net or part of a net on board the vessel
not incorporated into a fully constructed net is smaller than 3 inches
(7.62 cm), as measured by methods specified in Sec. 648.80(f).
``Incorporated into a fully constructed net'' means that any mesh
smaller than 3 inches (7.62 cm) that is incorporated into a fully
constructed net may occur only in the part of the net not subject to
the mesh size restrictions specified in paragraph (d)(1)(iv) of this
section, and the net into which the mesh is incorporated must be
available for immediate use.
* * * * *
0
3. In Sec. 648.90, revise paragraph (b)(5)(iii) to read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * * * *
(b) * * *
(5) * * *
[[Page 5408]]
(iii) Small-mesh multispecies in-season adjustment triggers. The
small-mesh multispecies in-season accountability measure adjustment
triggers are as follows:
------------------------------------------------------------------------
In-season
adjustment
Species trigger
(percent)
------------------------------------------------------------------------
Northern Red Hake....................................... 90
Northern Silver Hake.................................... 90
Southern Red Hake....................................... 40.4
Southern Silver Hake.................................... 90
------------------------------------------------------------------------
* * * * *
[FR Doc. 2022-02000 Filed 1-31-22; 8:45 am]
BILLING CODE 3510-22-P
