[Federal Register Volume 86, Number 130 (Monday, July 12, 2021)]
[Proposed Rules]
[Pages 36519-36521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14457]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No.: 210630-0140]
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: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to approve and implement Framework Adjustment 62 
for Whiting, Red Hake, and Offshore Hake to the Northeast Multispecies 
Fishery Management Plan. The purpose of this action is to establish a 
10-year rebuilding plan and adjust management measures 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.

DATES: Comments must be received by July 27, 2021.

ADDRESSES: The New England Fishery Management Council has prepared a 
draft environmental assessment (EA) for this action that describes the 
proposed measures in Framework Adjustment 62, other considered 
alternatives, and analyzes the impacts of the proposed measures and 
alternatives. The Council submitted a draft of Framework 62 to NMFS 
that includes the draft EA, a description of the Council's preferred 
alternatives, and the Council's rationale for selecting each 
alternative. Copies of the draft Framework 62, the draft EA, and 
information on the economic impacts of this proposed 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.
    You may submit comments on this document, identified by NOAA-NMFS-
2020-0166, by any of the following methods:
    <bullet> Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2020-0166 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Laura Hansen, Fishery Management 
Specialist, 978-281-9225.

SUPPLEMENTARY INFORMATION: 

Background

    In January 2018, the southern red hake stock was declared 
overfished. To meet the Magnuson-Stevens Act requirements of an 
overfished stock, a rebuilding plan and associated management measure 
changes 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 this framework 
at its June 2020 meeting and submitted the action to us in mid-August 
2020.

Proposed Action

    Framework 62 would establish a 10-year rebuilding schedule for 
southern red hake. The proposed rebuilding schedule is a range from a 
minimum associated with a similar increase in biomass that occurred 
during 2006-2011 to a longer duration that accounts for biological 
characteristics of red hake. Southern red hake are fully mature, on 
average, at age 3 and the maximum observed age is 10 years in 2011-2019 
survey data. By applying the estimated maturation rate and using 
biomass at age as a guide, and making reasonable assumptions that 
fertility (increases by 5 percent per year after age 3) and egg 
viability (full viability at age 5) increase with age, the Whiting Plan 
Development Team estimated that 50 percent of lifetime egg production 
of an unfished female occurs at 4.4 years. By definition, it would take 
50 percent of a female's egg production to exactly replace itself and 
its mate with offspring that would spawn a successive generation. It 
would

[[Page 36520]]

be reasonable to expect a higher level of confidence that southern red 
hake can rebuild in approximately two generations, which equates to 10 
years. Under this rebuilding program, catch limits would be established 
by reducing the acceptable biological catch (ABC) to 75-percent of the 
fishing mortality rate at maximum sustainable yield (F<INF>MSY</INF>) 
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 F<INF>MSY</INF>. In addition, 
it would decrease the trip possession limit from 5,000 pounds (lb) 
(2,268 kilograms (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. The 600-lb (272.2 kg) possession limit would apply to 
standard small-mesh trawls (less than 5.5-inch (13.97- centimeters (cm) 
square or diamond mesh), which are less selective, while the 1,000-lb 
(453.6-kg) possession limit would apply to large-mesh trawls and other 
more selective gear types. 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. The in-season 
accountability measure will remain in place which would reduce the 
possession limit to 400 lb (181 kg) when the landings meet or exceed 
the total allowable landings (TAL) trigger at 40.4 percent of the 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 be announced through issuance of a rule in the Federal 
Register. In addition, the 1,000-lb (453.6-kg) possession limit applies 
to vessels when using gears other than trawls.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator has determined that this proposed rule is 
consistent with all applicable Fishery Management Plans that the 
Council manages, other provisions of the Magnuson-Stevens Act, and 
other applicable law, subject to further consideration after public 
comment.
    This proposed 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 that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities. 
The factual basis for this certification is as follows.
    The New England Fishery Management Council evaluated the potential 
socioeconomic impacts of the proposed measures in conjunction with an 
environmental assessment. This rule would affect all permitted small-
mesh multispecies vessels; therefore, the direct regulated entity is a 
firm that owns at least one small-mesh multispecies permit (either an 
open access or limited access Northeast multispecies permit). These 
businesses catch a small fraction of small-mesh multispecies; 
furthermore, they are minimally affected by the proposed action. To 
estimate the number of commercial entities that may experience impacts 
from the proposed action, active small-mesh multispecies entities 
landing southern red hake are defined as those entities containing 
permits that are directly regulated and that landed southern red hake 
in 2018 for commercial sale. In 2018, there were 168 business entities 
landing southern red hake, of which 167 were classified as small 
business entities that could potentially be affected by the proposed 
action. However, it is further estimated that the proposed action would 
affect only about 50 of those 167 identified as small business 
entities. These 50 small business entities derived, on average, about 
0.57 percent of total entity revenue from red hake.
    The measures proposed in Framework 62 would increase the long-term 
economic benefits on small entities. The proposed action would 
establish a rebuilding plan and management measures for the southern 
red hake stock. More specifically, the action would create a lower-
tiered year-round trip possession limit based on gear selectivity for 
southern red hake, unless an in-season accountability measure is put in 
place which would reduce the possession limit to 400 lb (181 kg) when 
the landings meet or exceed the TAL trigger at 40.4 percent of the ACL. 
This is meant to incentivize vessels to use the more selective gear to 
reduce overall southern red hake catch levels while still allowing a 
slightly higher possession limit to reduce regulatory discards. 
Overall, Framework 62 would ensure that catch levels are sustainable 
and contribute to rebuilding southern red hake stock and, therefore, 
maximize yield.
    The low negative economic loss to small entities from this action 
are associated with the small decrease in the southern red hake 
possession limit. The suite of preferred alternatives will result in a 
slight loss in revenue from a slight decrease in southern red hake 
landings compared to taking no action, which would keep the southern 
red hake possession limit at 5,000 lb (2,268 kg) and allow higher 
overall catch limits (i.e., higher ABC). The proposed changes in 
management measures are not likely to dramatically change fishing 
behavior and or catch because 60 to 80 percent of southern red hake are 
currently discarded due to lack of marketability. The magnitude in 
economic loss is low because the stock is not typically targeted. 
Therefore, the Council concluded, and NMFS agrees, that this action 
would not have a significant adverse impact on a substantial number of 
small businesses.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: July 1, 2021.
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 
proposed to be 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, 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

[[Page 36521]]

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
3. 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.
    (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. 2021-14457 Filed 7-9-21; 8:45 am]
BILLING CODE 3510-22-P