[Federal Register Volume 86, Number 111 (Friday, June 11, 2021)]
[Proposed Rules]
[Pages 31262-31264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12282]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 210607-0122]
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.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes 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 proposes changes to whiting possession limits on 
certain trips and would restore 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 also informs the public of the 
proposed fishery specifications and provides an opportunity for 
comment.

DATES: Comments must be received by June 28, 2021.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2021-0043, by the following method:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.
    1. Go to https://www.regulations.gov, and enter ``NOAA-NMFS-2021-
0043'' in the Search box;
    2. Click the ``Comment'' icon, complete the required fields; and
    3. 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).
    The New England Fishery Management Council prepared a draft 
environmental assessment (EA) for this action that describes the 
proposed measures and other considered alternatives. The EA also 
provides an economic analysis, as well as an analysis of the 
biological, economic, and social impacts of the proposed measures and 
other considered alternatives. Copies of the specifications document, 
including the EA and information on the economic impacts of the 
proposed measures, are available upon request from Thomas A. Nies, 
Executive Director, New England Fishery Management Council, 50 Water 
Street, Newburyport, MA 01950. This document is also accessible via the 
internet at https://www.nefmc.org/library/2021-2023-whiting-specifications.

FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Policy 
Analyst, (978) 281-9180.

SUPPLEMENTARY INFORMATION:

Background

    The small-mesh multispecies fishery comprises 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.'' The New 
England Fishery Management Council manages the small-mesh multispecies 
fishery within the Northeast Multispecies Fishery Management Plan 
(FMP). This action proposes catch limit specifications for the 2021 
small-mesh multispecies fishery, and projects specifications for 
fishing years 2022 and 2023, based on the Council's recommendations.
    This action would also increase whiting (silver hake and offshore 
hake) possession limits on trips using gear with less than 3-in (7.62-
cm) mesh from 3,500 pounds (lb) (1,588 kilograms (kg)) or 7,500 lb 
(3,402 kg) to 15,000 lb (6,804 kg), and restore the in-season 
adjustment trigger for northern red hake to 90 percent from 37.9 
percent. These recommended changes reflect the most recent stock 
assessment information (September 2020), and are intended to increase 
fishing flexibility, decrease regulatory discards, and promote 
rebuilding of the southern red hake stock.

Proposed Specifications

    This action proposes the Council's recommendations for 2021 and 
projected 2022-2023 small-mesh multispecies catch specifications, as 
well as revised management measures reduce regulatory discards. These 
proposed catch limits would increase annual quotas for southern whiting 
and both red hake stocks, and decrease the quota for northern silver 
hake (Table 1). Specifications for fishing years 2022 and 2023 are 
projected to be the same as the proposed 2021 limits.

  Table 1--Proposed Small-Mesh Multispecies Specifications for Fishing Years 2021-2023 (Metric Tons), With the
                   Percent Change in the Total Allowable Landings (TAL) From Fishing Year 2020
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                                                    Acceptable
                                    Overfishing     biological     Annual catch         TAL       Percent change
                                       limit           catch           limit
----------------------------------------------------------------------------------------------------------------
Northern Red Hake...............             N/A           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

[[Page 31263]]

 
Southern Whiting................          72,160          40,990          38,941          28,742             +99
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    In a separate action that is currently in the rulemaking process, 
the Council adopted a 10-year rebuilding program for southern red hake 
because this stock was declared overfished in 2018. Although the 
rebuilding plan has not yet been implemented in a final rule, the 
proposed southern red hake Acceptable Biological Catch (ABC) is 
intended to be consistent with the Council's proposed rebuilding plan, 
even though the proposed quota for the species is higher than in 
fishing year 2020. The Council recommended an increased ABC, but at a 
level lower than what was recommended by its Scientific and Statistical 
Committee, to decrease regulatory discards and allow continued 
operation of the fishery while still enhancing the rebuilding potential 
for southern red hake.
    This proposed action would also revise management measures within 
the small-mesh multispecies fishery to reduce discards and improve 
fishery operations. The Council recommends increasing the possession 
limit for southern whiting on trips using gear with less than 3-in 
(7.62-cm) mesh to 15,000 lb (6,804 kg) to reduce regulatory discards. 
This action also proposes that the in-season adjustment trigger for 
northern red hake be reset to 90 percent of the annual quota, from the 
current trigger of 37.9 percent. The trigger was most recently reduced 
in fishing year 2017 to account for annual catch overages on the stock, 
and has been reduced multiple times prior in fishing years 2014 and 
2015 from the original 90 percent. However, catches of northern red 
hake have been well below specified catch limits since the large 2014 
year class of new young fish entered the fishery. Thus, this change in 
the in-season adjustment trigger for northern red hake is intended to 
avoid unnecessarily restrictive in-season accountability measures on 
the fishery, and further reduce excessive regulatory discards.
    The Council will review the projected 2022 and 2023 specifications 
to determine if any changes need to be made prior to their final 
implementation. Changes may occur if quota overages trigger 
accountability measures, or if new stock information results in changes 
to the ABC recommendations. The rebuilding plan for southern red hake 
that is currently undergoing review in a separate rulemaking will not 
change any of these proposed specifications. NMFS will publish a notice 
prior to the 2022 and 2023 fishing years to confirm the projected 
specifications or announce any necessary changes.

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 the Northeast Multispecies FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    The Council reviewed the proposed regulations for this action and 
deemed them necessary and appropriate to implement consistent with 
section 303(c) of the Magnuson-Stevens Act.
    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 determination is as follows.
    The proposed action would impact all permitted vessels or 
affiliated groups that participate in small-mesh multispecies 
fisheries. The Council considered any business with at least one open 
access multispecies K permit, or other northeast multispecies permit 
that allows possession of hakes, in this evaluation, as well as any 
active entities that landed any small-mesh multispecies for commercial 
sale in 2019. As of June 1, 2020, NMFS had issued 798 commercial open-
access (small-mesh) permits; therefore, 798 permits would be regulated 
by this action. According to the ownership database, there are 627 
distinct business entities that hold at least one permit regulated by 
the proposed action, and of those 627 entities, all are engaged in 
commercial fishing, although 106 did not have revenues (were not 
active) in 2019. Of those 627 entities potentially affected by this 
action, 618 are categorized as small entities and 9 are categorized as 
large entities. It was found that on average these small businesses 
derive less than four percent of their total fishing income from the 
small-mesh multispecies fishery, and that this fishery serves as more 
of a supplement to their overall fishing revenue rather than the 
primary source.
    This action, which proposes higher catch limits for most stocks and 
increases a whiting possession limit primarily to reduce regulatory 
discards, is expected to provide operational flexibility and 
opportunity in the fishery without increasing risk to the resource or 
substantially changing fishing behavior. Under this action, annual 
quotas would increase for southern whiting and both red hake stocks and 
decrease for northern silver hake. While permit holders may experience 
a slight positive impact from higher landings of some species 
throughout the course of the year, short-term landings are not expected 
to increase. Further, over the long-term of several years, the small 
increases in annual quotas will likely be negligible when balanced with 
the decreased access to northern silver hake. Also, the proposed 
changes to management measures, such as the whiting trip limit and 
northern red hake trigger, are primarily intended to reduce regulatory 
discards and prevent over-restriction of stable stocks in the fishery. 
These measures are expected to allow normal operation of the fishery to 
continue further into the year, and are not expected to change fishing 
behavior overall.
    The Council's analyses indicate that the overall economic impact of 
proposed action is expected to be negligible to slightly positive, and 
that the proposed specifications are not expected to substantially 
change fishing effort, risk of overfishing, prices/revenues, or fishery 
behavior. The proposed measures are intended to provide operational 
flexibility and fishing opportunities, while preventing overharvest of 
the stocks. Therefore, the Council concluded, and NMFS agrees, that 
this action would not have a

[[Page 31264]]

significant economic impact on a substantial number of small 
businesses. As a result, an initial regulatory flexibility analysis is 
not required and none has been prepared.
    This action would not establish any new reporting or record-keeping 
requirements.
    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, Reporting and recordkeeping requirements.

    Dated: June 7, 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, revise paragraph (d)(1)(i), and remove and reserve 
paragraph (d)(1)(ii) to read as follows:


Sec.  648.86  NE Multispecies possession restrictions.

* * * * *
    (d) * * *
    (1) * * *
    (i) Vessels possessing on board or using nets of mesh size smaller 
than 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) * * *
    (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
------------------------------------------------------------------------

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[FR Doc. 2021-12282 Filed 6-10-21; 8:45 am]
BILLING CODE 3510-22-P