[Federal Register Volume 77, Number 213 (Friday, November 2, 2012)]
[Proposed Rules]
[Pages 66169-66177]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-26793]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120822383-2383-01]
RIN 0648-BC48
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery Management Plan; Amendment 19
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 regulations to implement Amendment 19 to the
Northeast Multispecies Fishery Management Plan, if approved. The New
England Fishery Management Council developed Amendment 19 to modify
management measures that currently govern the small-mesh multispecies
fishery, including the accountability measures, the year-round
possession limits and total allowable landings process.
DATES: Written comments must be received no later than 5 p.m. eastern
standard time, on December 3, 2012.
ADDRESSES: An environmental assessment (EA) was prepared for Amendment
19 that describes the proposed action and other considered
alternatives, and provides an analysis of the impacts of the proposed
measures and alternatives. Copies of the Amendment, including the EA
and the Initial Regulatory Flexibility Analysis (IRFA), are available
on request from Paul J. Howard, Executive Director, New England Fishery
Management Council, 50 Water Street, Newburyport, MA 01950. These
documents are also available online at http://www.nefmc.org.
You may submit comments, identified by NOAA-NMFS-2012-0170, by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov. To
submit comments via the e-Rulemaking Portal, first click the ``submit a
comment'' icon,
[[Page 66170]]
then enter ``NOAA-NMFS-2012-0170'' in the keyword search. Locate the
document you wish to comment on from the resulting list and click on
the ``Submit a Comment'' icon on the right of that line.
Fax: (978) 281-9135, Attn: Moira Kelly.
Mail: John Bullard, Regional Administrator, NMFS,
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA
01930. Mark the outside of the envelope, ``Comments on Whiting
Amendment 19.''
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. 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. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov. All personal identifying information (e.g., name,
address, etc.) submitted voluntarily by the sender will be publicly
accessible. Do not submit confidential business information, or
otherwise sensitive or protected information. NMFS will accept
anonymous comments (enter ``N/A'' in the required fields if you wish to
remain anonymous). Attachments to electronic comments will be accepted
in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats
only.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218.
SUPPLEMENTARY INFORMATION:
Background
Amendment 19 to the Northeast (NE) Multispecies Fishery Management
Plan (FMP) affects the part of the New England groundfish fishery known
as the small-mesh fishery. The small-mesh fishery is composed of a
complex of five stocks of three species of hakes (northern silver hake,
southern silver hake, northern red hake, southern red hake, and
offshore hake), and is managed through a series of exemptions from the
other provisions of the NE Multispecies FMP. It is managed separately
from the other stocks of groundfish such as cod, haddock, and flounder,
primarily because it is prosecuted with much smaller mesh and does not
generally result in the catch of these other stocks.
The New England Fishery Management Council (Council) initiated
Amendment 19 to bring the small-mesh multispecies portion of the NE
Multispecies FMP into compliance with the annual catch limit (ACL) and
accountability measure (AM) requirements of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act).
However, development of Amendment 19 was delayed, and it became
apparent that the amendment would not be submitted until well after the
2011 statutory deadline for implementing mechanisms for establishing
ACLs and AMs. To ensure that ACLs and AMs for the small-mesh fishery
were implemented closer to the statutory deadline, NOAA initiated,
developed, and implemented, with the concurrence of the Council, a
Secretarial Amendment on March 30, 2012 (77 FR 19138). The Secretarial
Amendment was based on the preliminary work the Council completed up to
that point, including the overfishing limits (OFL), acceptable
biological catches (ABC), and ACLs.
The Council, through Amendment 19, is adopting those limits (Table
1) and the process that describes how those values are calculated as
implemented in the Secretarial Amendment. As described in the
Secretarial Amendment, the ABCs are based on the OFLs and, to account
for scientific uncertainty, are set equal to the 40th percentile of the
OFL distribution for both red hake stocks, and the 25th percentile for
both silver hake stocks. In order to account for offshore hake, which
are caught incidentally in the southern silver hake fishery and are
marketed together as ``whiting,'' the southern silver hake ABC is
increased by 4 percent. The ACLs are then set equal to 95 percent of
the respective ABC, to account for management uncertainty.
Table 1--OFL, ABC, and ACL for 2012-2014
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Northern Northern Southern Southern
red hake silver hake red hake whiting
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Overfishing Limit (OFL)..................................... 314 mt 24,840 mt 3,448 mt 62,301 mt
Acceptable Biological Catch (ABC)........................... 280 mt 13,177 mt 3,259 mt 33,940 mt
Annual Catch Limit (ACL).................................... 266 mt 12,518 mt 3,096 mt 32,295 mt
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However, in Amendment 19, the Council recommended changes to some
measures implemented in the Secretarial Amendment, as well as changes
to management measures that the Secretarial Amendment did not address.
This rule proposes these changes, which are discussed in detail below.
Proposed Measures
1. Revised Overfishing Definitions
The overfishing definitions were derived from the most recent stock
assessment for the small-mesh multispecies that was conducted in
November 2010 (SAW 51). The Council prefers using the new overfishing
definitions because they are based on the best available science. There
is no overfishing definition for offshore hake because there is
insufficient information for a stock assessment. The proposed new
overfishing definitions for red hake and silver hake would be as
follows:
Red Hake
Red hake is overfished when the 3-yr moving arithmetic average of
the spring survey weight per tow (i.e., the biomass threshold) is less
than one-half of the BMSY proxy, where the BMSY
proxy is defined as the average observed from 1980-2010. The current
estimates of the biomass thresholds for the northern and southern
stocks are 1.27 kg/tow and 0.51 kg/tow, respectively.
Overfishing occurs when the ratio between catch and spring survey
biomass exceeds 0.163 kt/kg and 3.038 kt/kg, respectively, derived from
An Index Method (AIM) analyses from 1980-2009.
Silver Hake
Silver hake is overfished when the 3-yr moving average of the fall
survey weight per tow (i.e., the biomass threshold) is less than one-
half the BMSY proxy, where the BMSY proxy is
defined as the average observed from 1973-1982. The most recent
estimates of the biomass thresholds are 3.21 kg/tow for the northern
stock and 0.83 kg/tow for the southern stock.
Overfishing occurs when the ratio between the catch and the
arithmetic mean fall survey biomass index from the most recent three
years exceeds the overfishing threshold. The most recent
[[Page 66171]]
estimates of the overfishing threshold are 2.78 kt/kg for the northern
stock, and 34.19 kt/kg for the southern stock of silver hake.
2. Adjustments to the Specifications Process, Changes to the List of
Measures Adjustable by Framework and Monitoring Procedures and
Requirements
This rule proposes to modify the specifications process and the
list of measures that may be changed in a Framework Adjustment
implemented by the Secretarial Amendment, and also proposes to modify
the process by which the fishery is monitored. The proposed
specifications process would specify the date by which the Council
would need to make a recommendation on the catch limits, possession
limits, and other measures deemed to be part of the specifications
package. In addition, the list of items that could be considered for
adjustment in a framework would be modified slightly.
This rule also proposes a measure that would require NMFS to
prepare, and the appropriate Council technical group (such as a plan
development team (PDT)) to review, a report on the small-mesh
multispecies fishery, including trends in the fishery and changes in
stock size. The PDT would be responsible for making recommendations to
the Council, should any management changes be deemed necessary.
Finally, this rule proposes to require vessels fishing for small-
mesh multispecies to send their vessel trip reports (VTRs) to NMFS on a
weekly basis. Amendment 16 to the NE Multispecies FMP implemented the
requirement that vessels fishing with a NE multispecies permit have a
weekly VTR requirement; however, that amendment had no other small-mesh
multispecies measures associated with it. As a result, the Council and
the Whiting Oversight Committee wanted to ensure that the weekly
submission of VTRs is a requirement for small-mesh multispecies vessels
through this action, in order to facilitate more effective monitoring
of the stock-area based TALs.
3. Stock Area Total Allowable Landings
The Secretarial Amendment implemented annual, stock-wide TALs for
northern and southern red hake, as well as for northern silver hake and
southern ``whiting'' (i.e., silver and offshore hake, combined). The
TALs are calculated by deducting the most recent 3-year moving average
of discards from the ACL. From that resulting value, 3 percent is
deducted to account for state-waters landings.
Table 2--2012-2014 Total Allowable Landings
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Northern red Northern silver Southern red Southern
hake hake hake whiting
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ACL......................................... 266 mt 12,518 mt 3,096 mt 32,295 mt
Discard Estimate (2008-2010)................ 65% (173 mt) 26% (3,255 mt) 56% (1,718 mt) 13% (4,198 mt)
State-Waters Landings (3%).................. 2.8 mt 278 mt 42 mt 842 mt
Federal TAL (mt)............................ 90.3 mt 8,985 mt 1,336 mt 27,255 mt
Federal TAL (lb)............................ 199,077.4 lb 19,809,243 lb 2,945,376 lb 60,086,990 lb
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This rule proposes to maintain the annual, stock-wide TAL for the
northern area, instead of the other considered alternative of sub-
dividing the TALs by exemption area. The annual, stock-wide TAL was the
Council's preferred alternative because it would be less costly to
monitor and the small-mesh exemption area targets may not provide the
intended benefits of ensuring full trip limits for the different fleets
that fish seasonally in the exemption areas.
In the southern stock area, the TALs would be monitoring annually
initially, until two-thirds of a TAL is harvested in a given year. The
Council prefers this alternative to implementing quarterly TALs at this
time because the quarterly allocations are unnecessary unless and until
landings begin to approach the TALs. In addition, the quarterly TALs,
as opposed to the annual quota, would, if implemented, prevent long
directed fishery closures, possibly affecting the ability to target
whiting in the winter and spring.
If landings in a given year exceed two-thirds of the TAL, NMFS
would consult with the Council during the following year, and if the
Council agrees, NMFS would implement a rule to switch the TAL to a
quarterly system for the next year. For example, if two-thirds of the
red hake TAL were landed in 2013, and the Council agreed, the quarterly
TALs would be implemented for the start of the 2015 fishing year and
would be maintained until the Council chooses, through specifications
or a Framework Adjustment, to revert back to an annual TAL. The
incidental possession limit trigger (as described in the in-season AM
section, below) would be applied for each quarter. The quarterly
allocations would be based on the average proportion of dealer-reported
landings from 2008-2010, as follows:
Table 3--Quarterly Allocations for the Southern Stock Area
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May-Jul Aug-Oct Nov-Jan Feb-Apr
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Southern Red Hake........................................... 33.3% 25.3% 17.7% 23.7%
Southern Whiting............................................ 27% 21.4% 22.8% 28.8%
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Included in this proposed measure is a ``roll-up'' procedure that
would be used for in-season monitoring of the quarterly TALs. In each
quarter, the cumulative landings to date that fishing year would be
monitored against a quarterly TAL represented by the sum of that
quarter's allocation, plus the allocations from prior quarters (e.g.,
during quarter 2, the cumulative landings of southern red hake to date
would be monitored against a quota equal to 58.6 percent of the annual
TAL, which is the sum of the quarter 1 allocation of 33.3 percent plus
the quarter 2 allocation of 25.3 percent). The possession limit trigger
for each stock would apply in each quarter when cumulative landings
reach 90 percent of the rolled-up quarterly allocation, and the
incidental possession limit would remain in effect until the end of
that quarter. At the start of the next quarter, the possession limit
would reset to the
[[Page 66172]]
appropriate default possession limit. This procedure allows for unused
quota from a quarter to be available immediately to the fleet, without
unnecessary delays from rulemaking to formally transfer quota between
quarters.
4. Accountability Measures
The Secretarial Amendment implemented two types of AMs for the
small-mesh multispecies fishery. The in-season AM would reduce the
possession limit to an incidental amount for a stock if 90 percent of
that stock's TAL were projected to be harvested. For both red hake
stocks, the possession limit would be reduced to 400 lb (181.4 kg), and
for northern silver hake and southern whiting, the possession limit
would be reduced to 1,000 lb (453.6 kg). In the event that an ACL is
exceeded in a given year, the post-season AM implemented in the
Secretarial Amendment would reduce a subsequent year's ACL by the exact
amount, by weight, by which the ACL were exceeded. For example, if an
ACL in fishing year 2013 were exceeded by 15,000 lb (6,803. 9 kg), the
ACL for that stock in fishing year 2015 would be reduced by 15,000 lb
(6,803.9 kg).
In-Season AMs
This rule proposes to maintain the overall structure of the in-
season AM (i.e., the 90-percent trigger, with a reduced possession
limit), but proposes to change the incidental possession limit for
northern silver hake and southern whiting. This rule proposes to
maintain the 400-lb (181.4-kg) incidental possession limit for red hake
and to raise the incidental possession limit for silver and offshore
hake, combined, from 1,000 lb (453.6 kg) to 2,000 lb (907.2 kg). This
limit is proposed because analysis by the Whiting PDT indicates that it
is likely to be effective in keeping landings below the TAL, without
increasing discards. There is no meaningful contrast in the
effectiveness of lower incidental possession limits, but the lower
incidental possession limits are estimated to cause an unacceptable
increase in discards.
Post-Season AM
This rule proposes to replace the post-season AM implemented by the
Secretarial Amendment, described above, with a post-season AM that
would decrease the TAL trigger by the same percentage by which the ACL
were exceeded. That is, if an ACL were exceeded by 5 percent in fishing
year 2013, the incidental possession limit trigger of 90 percent would
be reduced by 5 percent to 85 percent, starting in fishing year 2015.
This reduction in the TAL trigger would remain in effect until the
Council chooses to modify it through the specifications process or in a
framework adjustment. This AM is intended to permanently account for
the management uncertainty that caused the overage. The Council chose
this AM because it more directly reduces the trips targeting small-mesh
multispecies, and, as a result, the overall landings by the directed
fishery.
5. Trip Limits
Currently, there is no year-round possession limit for red hake in
both the northern or southern stock area, and the possession limit for
silver and offshore hake, combined, is based on mesh size throughout
the region. This rule proposes changes to both of these management
measures.
Red Hake
This rule is proposing to implement a 5,000-lb (2,268-kg) trip
limit for red hake in both the northern and southern stock areas for
all gear types. The Council had considered mesh-size based trip limits,
similar to silver hake, but prefers the same trip limit for all gear
types because it is more enforceable and compliance would likely be
higher. The intention of this trip limit is to prevent significant
increases in catch beyond what is currently landed. Analysis shows that
no trips from 2008-2010 landed more than 5,000 lb (2,268 kg), so the
measure is unlikely to restrict existing fishing effort, but is
intended to act as a deterrent to increasing fishing effort to target
red hake.
Southern Whiting
This rule proposes to increase the southern whiting (southern
silver hake and offshore hake, combined) trip limit from 30,000 lb
(13,607.8 kg) to 40,000 lb (18,143.7 kg) for vessels fishing in the
Southern New England and Mid-Atlantic Exemption Areas using mesh that
is 3 inches (7.6 cm) or greater. The Council had considered
implementing this trip limit increase in only a portion of the southern
exemption areas; however, as a result of public comment and
enforceability concerns, the Council prefers that the increase be
applicable throughout the southern area. The Council selected a 40,000-
lb (18,143.7-kg) possession limit to retain the delicate balance
between allowing a moderate increase in landings while trying not to
attract excessive fishing effort to an open access fishery, which could
cause landings to rapidly increase and potentially cause the incidental
possession limit to be triggered earlier in the fishing year. The
Council also constrained this possession limit increase to vessels
using trawls having 3-inch (7.6 cm) or larger mesh to maintain optimum
size selectivity by the fishery and discourage increases in fishing for
smaller whiting.
As required under section 303(c) of the Magnuson-Stevens Act, the
Council reviewed the draft regulations and deemed them necessary and
appropriate for implementation of Amendment 19. Technical changes to
the regulations deemed necessary by the Secretary for clarity may be
made, as provided under section 304(b) of the Magnuson-Stevens Act.
Other Regulatory Changes
NMFS is proposing to clarify some of the regulations governing the
small-mesh multispecies fishery through this rulemaking. The proposed
language of the regulations pertaining to the small-mesh multispecies
exemption programs would clarify that only a raised footrope trawl is
allowed in the Small Mesh Area I and II Exemption Programs, and the
Gulf of Maine Grate Raised Footrope Trawl Area Exemption Program, and
that no other fishing gears are permitted to be used while a vessel is
fishing in these exemption programs. NMFS is also proposing language to
clarify the incidental catch limits for other species in the small-mesh
multispecies exemption programs by adding the citation for each
species, as appropriate. NMFS is also proposing to correct an incorrect
citation in the regulations pertaining to small-mesh multispecies
transfers-at-sea.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has preliminarily 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 Office of Management and Budget has determined that this
proposed rule is not significant for the purposes of Executive Order
12866.
The Council prepared an IRFA, as required by section 603 of the
Regulatory Flexibility Act (RFA), which is included in Amendment 19 and
supplemented by information contained in the preamble to this proposed
rule. The IRFA describes the economic impact this proposed rule, if
adopted, would have on small entities. A description of the action, why
it is being considered, and the legal basis for this
[[Page 66173]]
action are contained at the beginning of this section of the preamble
and in the SUMMARY of this proposed rule. A summary of the IRFA
follows. A copy of this analysis is available from the Council's
Executive Director (see ADDRESSES).
All of the entities (fishing vessels) affected by this action are
considered small entities under the Small Business Administration size
standards for small fishing businesses ($4.0 million in annual gross
sales). Therefore, there are no disproportionate effects on small
versus large entities. Information on costs in the fishery is not
readily available and individual vessel profitability cannot be
determined directly; therefore, expected changes in gross revenues were
used as a proxy for profitability.
This action does not introduce any new reporting, recordkeeping, or
other compliance requirements. This proposed rule does not duplicate,
overlap, or conflict with other Federal rules.
Description and Estimate of Number of Small Entities To Which the Rule
Would Apply
In order to fish for small-mesh multispecies, a vessel owner must
be issued either a limited access NE multispecies permit or an open
access category K NE multispecies permit; however, there are many
vessels issued both of these types of permits that may not actually
fish for small-mesh multispecies. Although some firms own more than one
vessel, available data make it difficult to reliably identify ownership
control over more than one vessel. For this analysis, the number of
permitted vessels landing small-mesh multispecies is considered to be a
maximum estimate of the number of small business entities that may be
impacted. The average number of permitted vessels landing at least 1 lb
(0.5 kg) of silver hake or red hake from 2005-2010 was 562 vessels per
year.
Economic Impacts of the Proposed Action Compared to Significant Non-
Selected Alternatives
In general, the economic impacts of the proposed actions vary from
positive to slightly negative, compared to the status quo/no action
alternatives and the other alternatives considered. The proposed
measures that have positive economic impacts include the specifications
process; including the modification of the southern area TAL structure
that would implement quarterly TALs if two-thirds of the TAL is landed;
both year-round trip limit alternatives are expected to result in
positive economic impacts. The proposed AMs are more likely to result
in slightly negative impacts, if triggered. Although analysis indicates
that the preferred post-season AM of a percent reduction in the
incidental possession limit trigger would have a less negative impact
than the status quo.
The proposed alternatives that would most likely have an impact in
the foreseeable future is the status quo alternative that proposed to
maintain 90-percent trigger AM for northern red hake with a 400-lb
(181.4-kg) incidental possession limit, as was described in the
Secretarial Amendment. Using vessel trip report data from 2006-2010, a
400-lb (181.4-kg) incidental possession limit in the northern stock
area, implemented when 90 percent of the northern red hake TAL is
projected to be harvested, would have impacted approximately 23 trips
per year, and an average of 7 vessels per year. At a loss of
approximately $282 per trip, this AM would have cost the fleet $6,486
per year in lost northern red hake revenue. This may not be a true
revenue loss, however. Red hake is rarely the primary target species
and vessel owners are likely to shift effort onto another routinely
landed incidental species, such as skates or dogfish, to finish their
trip. The other in-season AM alternatives considered for this amendment
included incidental possession limits of 200 lb (90.7 kg) or 300 lb
(136.1 kg). Both of these alternatives would have an increased negative
impact, affecting more trips than the 400-lb (181.4-kg) possession
limit. Furthermore, the long-term impacts would likely be negative for
these alternatives as well, due to increased discarding. The impacts
from alternatives for the in-season AM for northern silver hake,
southern whiting, and southern red hake are difficult to quantify
because the TALs are significantly higher than recent catch and they
are unlikely to be implemented. For southern red hake, the proposed
alternative is the status quo alternative and for southern whiting and
northern silver hake, the proposed alternative is an increase in the
incidental trip limit from 1,000 lb (453.6 kg) to 2,000 lb (907.2 kg).
In general, the lower incidental trip limits (200 and 300 lb (90.7 and
136.1 kg) for red hake; and 500 and 1,000 lb (226.8 and 453.6 kg) for
southern whiting and northern silver hake) can be assumed to have a
more negative economic impact than the higher incidental trip limits
(400 lb (181.4 kg) for southern red hake, and 2,000 lb (907.2 kg) for
southern whiting and northern red hake).
Another alternative that may have impact in the near-future is the
post-season AM for northern red hake. The status quo alternative would
implement a pound-for-pound payback system for any overage. The
proposed alternative would reduce the incidental possession limit
trigger by the same percentage by which the ACL was exceeded. As an
example, the 2010 fishing year northern red hake catch exceeds the ACL
and can be used to illustrate the potential impacts of the two
alternatives. Northern red hake catch was 311 mt in 2010, 17% or 45 mt
above the fishing year 2012 ACL of 266 mt. For this example, we assume
that the discard rate and state water landings proportion remain
constant. Assuming that the discard rate and state waters portion
remain constant, the status quo alternative results in a TAL of 144,094
lb (65.4 mt), with a 90 percent incidental trigger limit of 129,685 lb
(58.8 mt). The proposed alternative, on the other hand results in a TAL
of 199,077 lb (90.3 mt), with a 73 percent incidental trigger limit of
145,326 lb (65.9 mt). This example demonstrates that the reduction in
the possession limit trigger would have a less negative impact on the
fleet than the status quo alternative of a pound-for-pound payback
because it provides for a higher directed fishery target.
Table 4--Comparison of Post-Season AM Alternatives
------------------------------------------------------------------------
Incidental
Pound-for-pound possession
payback (status limit trigger
quo) reduction
(proposed)
------------------------------------------------------------------------
Original ACL.......................... 266 mt 266 mt
Overage............................... 45 mt 17%
Adjusted ACL.......................... 221 mt n/a
Discards (65%)........................ 143.65 mt 173 mt
[[Page 66174]]
Landings Limit (State + Federal)...... 67.35 mt 93 mt
State Landings (3%)................... 2 mt 2.8 mt
Federal TAL........................... 65.4 mt 90.3 mt
Incidental Trigger Limit.............. (90%) 58.8 mt (73%) 65.9 mt
------------------------------------------------------------------------
Because the current TAL is significantly higher than recent catch
for southern red hake, northern silver hake, and southern whiting, it
is difficult to quantify the impact that either the status quo or the
possession limit trigger reduction would have. However, it can be
assumed that the impacts would be similar to those described above.
It is expected that the year-round possession limit changes would
also have an immediate economic impact. The year-round red hake limit
of 5,000 lb (2268 kg), versus the status quo alternative of an
unlimited possession limit, is intended to act as a restriction on
potential increases in red hake landings, and very few recent trips
would have been impacted by this trip limit. It is possible that there
could be a negative effect on the price of red hake if vessels start
landing larger quantities, which is possible under the status quo of no
trip limit in this open access fishery. It is expected that this
alternative would help maintain a satisfactory price for red hake and
have a positive economic impact, as opposed to the other, lower
possession limits considered in the Amendment.
In addition, the increase in the southern whiting possession limit
for vessels using mesh that is 3 inches (7.6 cm) or greater is also
expected to have a positive economic impact for vessels fishing in the
southern area, but may have a slightly negative economic impact for
vessels fishing in the northern area. If the possession limit is
increased in the southern area, there may be a reduced demand, and
therefore a reduced price, for whiting. This reduced price would be
offset by the increased volume for vessels fishing in the southern
area, but would not be offset for vessels fishing in the northern area.
Analysis indicates that increasing daily landings could cause a decline
of 0.6 cents for each 1-percent increase in landings. Therefore, the
revenue for a 30,000-lb (13607.8-kg) trip in the northern stock area
would decline by approximately $450, while the revenue for a southern
area trip landing 40,000 lb (18143.7 kg) of whiting would increase by
$5,318. The other alternatives considered for this measure would limit
the increase to a portion of the southern area, which would have less
economic benefit than the proposed alternative. The status quo
alternative would not increase the trip limit and would be less
economically beneficial than the proposed alternative.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: October 25, 2012.
Paul N. Doremus,
Deputy Assistant Administrator for Operations, National Marine
Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be 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 Sec. 648.7, paragraph (f)(2)(i) is revised to read as
follows:
Sec. 648.7 Recordkeeping and reporting requirements.
* * * * *
(f) * * *
(2) Fishing vessel log reports. (i) For any vessel not issued a NE
multispecies permit, Atlantic herring permit, or Tier 3 Limited Access
mackerel permit, fishing vessel log reports, required by paragraph
(b)(1)(i) of this section, must be postmarked or received by NMFS
within 15 days after the end of the reporting month. If no fishing trip
is made during a particular month for such a vessel, a report stating
so must be submitted, as instructed by the Regional Administrator. For
any vessel issued a NE multispecies permit, including vessels fishing
for small-mesh multispecies or whiting, Atlantic herring permit, or a
Tier 3 Limited Access mackerel permit, fishing vessel log reports must
be postmarked or received by midnight of the first Tuesday following
the end of the reporting week. If no fishing trip is made during a
reporting week for such a vessel, a report stating so must be submitted
and received by NMFS by midnight of the first Tuesday following the end
of the reporting week, as instructed by the Regional Administrator. For
the purposes of this paragraph (f)(2)(i), the date when fish are
offloaded will establish the reporting week or month that the VTR must
be submitted to NMFS, as appropriate. Any fishing activity during a
particular reporting week (i.e., starting a trip, landing, or
offloading catch) will constitute fishing during that reporting week
and will eliminate the need to submit a negative fishing report to NMFS
for that reporting week. For example, if a vessel issued a NE
multispecies permit, Atlantic herring permit, or Tier 3 Limited Access
Mackerel Vessel begins a fishing trip on Wednesday, but returns to port
and offloads its catch on the following Thursday (i.e., after a trip
lasting 8 days), the VTR for the fishing trip would need to be
submitted by midnight Tuesday of the third week, but a negative report
(i.e., a ``did not fish'' report) would not be required for either
earlier week.
* * * * *
3. In Sec. 648.13, paragraph (e) is revised to read as follows:
Sec. 648.13 Transfers at sea.
* * * * *
(e) Vessels issued a letter of authorization from the Regional
Administrator to transfer small-mesh multispecies at sea for use as
bait will automatically have 500 lb (226.8 kg) deducted from the
vessel's combined silver hake and offshore hake possession limit, as
specified under Sec. 648.86(d), for every trip during the
participation period specified on the letter of authorization,
regardless of whether a transfer of small-mesh multispecies at sea
occurred or whether the actual amount that was transferred was less
than 500 lb (226.8 kg). This deduction shall be noted on the
transferring vessel's letter of authorization from the Regional
Administrator.
* * * * *
[[Page 66175]]
4. In Sec. 648.80, paragraphs (a)(6)(i)(B), (a)(6)(i)(F),
(a)(9)(i)(A), (a)(9)(ii), (a)(15)(i)(B), (a)(16)(i)(A), and
(a)(16)(ii)(A) are revised to read as follows:
Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.
* * * * *
(a) * * *
(6) * * *
(i) * * *
(B) An owner or operator of a vessel fishing in this area may not
fish for, possess on board, or land any species of fish other than
whiting and offshore hake combined--in excess of 30,000 lb (13,608 kg),
except for the following, with the restrictions noted, as allowable
incidental species: Atlantic herring, up to the amount specified in
Sec. 648.204; longhorn sculpin; squid, butterfish, and Atlantic
mackerel, up to the amounts specified in Sec. 648.26; spiny dogfish,
up to the amount specified in Sec. 648.235; red hake, up to the amount
specified in Sec. 648.86(d), monkfish and monkfish parts--up to 10
percent, by weight, of all other species on board or up to 50 lb (23
kg) tail-weight/166 lb (75 kg) whole-weight of monkfish per trip, as
specified in Sec. 648.94(c)(4), whichever is less; and American
lobster--up to 10 percent, by weight, of all other species on board or
200 lobsters, whichever is less, unless otherwise restricted by landing
limits specified in Sec. 697.17 of this chapter.
* * * * *
(F) A vessel fishing in the Cultivator Shoal Whiting Fishery
Exemption Area may fish for small-mesh multispecies in exempted
fisheries outside of the Cultivator Shoal Whiting Fishery Exemption
Area, provided that the vessel complies with the more restrictive gear,
possession limit, and other requirements specified in the regulations
of that exempted fishery for the entire participation period specified
on the vessel's letter of authorization and consistent with paragraph
(a)(15)(i)(G) of this section. For example, a vessel may fish in both
the Cultivator Shoal Whiting Fishery Exemption Area and the Southern
New England or Mid-Atlantic Exemption Areas, and would be restricted to
a minimum mesh size of 3 inches (7.6 cm) and a maximum trip limit of
30,000 lb (13,607.8 kg) for silver hake and offshore hake, combined, as
required in the Cultivator Shoal Whiting Fishery Exemption Area.
* * * * *
(9) * * *
(i) * * *
(A) Unless otherwise prohibited in Sec. 648.81, a vessel subject
to the minimum mesh size restrictions specified in paragraphs (a)(3) or
(4) of this section may fish with or possess nets with a mesh size
smaller than the minimum size, provided the vessel complies with the
requirements of paragraphs (a)(5)(ii) or (a)(9)(ii) of this section,
and Sec. 648.86(d), from July 15 through November 15, when fishing in
Small Mesh Area 1; and from January 1 through June 30, when fishing in
Small Mesh Area 2. While lawfully fishing in these areas with mesh
smaller than the minimum size, an owner or operator of any vessel may
not fish for, possess on board, or land any species of fish other than:
Silver hake and offshore hake, combined, and red hake--up to the
amounts specified in Sec. 648.86(d); butterfish, Atlantic mackerel,
squid, up the amounts specified in Sec. 648.26; spiny dogfish, up to
the amount specified in Sec. 648.235; Atlantic herring, up to the
amount specified in Sec. 648.204; and scup, up to the amount specified
in Sec. 648.128.
* * * * *
(ii) Raised footrope trawl. Vessels fishing in the Small Mesh Areas
I and II Exemption Programs described in Sec. 648.80(a)(9) must
configure the vessel's gear with a raised footrope trawl, configured in
such a way that, when towed, the gear is not in contact with the ocean
bottom. Vessels are presumed to be fishing in such a manner if their
trawl gear is designed as specified in paragraphs (a)(9)(ii)(A) through
(D) of this section and is towed so that it does not come into contact
with the ocean bottom.
* * * * *
(15) * * *
(i) * * *
(B) All nets must be no smaller than a minimum mesh size of 2.5-
inch (6.4-cm) square or diamond mesh, subject to the restrictions as
specified in paragraph (a)(15)(i)(D) of this section. An owner or
operator of a vessel enrolled in the raised footrope whiting fishery
may not fish for, possess on board, or land any species of fish other
than silver hake, offshore hake, and red hake, subject to the
applicable possession limits as specified in Sec. 648.86(d), except
for the following allowable incidental species: Butterfish, Atlantic
mackerel, and squid, up to the amounts specified in Sec. 648.26; scup,
up to the amount specified in Sec. 648.128; spiny dogfish, up to the
amount specified in Sec. 648.235, and Atlantic herring, up to the
amount specified in Sec. 648.204.
* * * * *
(16) * * *
(i) * * *
(A) All nets must comply with a minimum mesh size of 2.5-inch (6.4-
cm) square or diamond mesh, subject to the restrictions specified in
paragraph (a)(16)(i)(B) of this section. An owner or operator of a
vessel participating in the GOM Grate Raised Footrope Trawl Exempted
Whiting Fishery may not fish for, possess on board, or land any species
of fish, other than silver hake and offshore hake, subject to the
applicable possession limits as specified in paragraph (a)(16)(i)(C) of
this section, and red hake, subject to the possession limit specified
in Sec. 648.86, except for the following allowable incidental species:
Butterfish, Atlantic mackerel, and squid, up to the amounts specified
in Sec. 648.26; Atlantic herring, up to the amount specified in Sec.
648.204; and alewife.
* * * * *
(ii) * * *
(A) An owner or operator of a vessel fishing in the GOM Grate
Raised Footrope Trawl Exempted Whiting Fishery must configure the
vessel's gear with a raised footrope trawl as specified in paragraphs
(a)(9)(ii)(A) through (C) of this section. In addition, the
restrictions specified in paragraphs (a)(16)(ii)(B) and (C) of this
section apply to vessels fishing in the GOM Grate Raised Footrope Trawl
Exempted Whiting Fishery.
* * * * *
4. In Sec. 648.86, (d)(1)(i) introductory text, (d)(1)(ii)
introductory text, (d)(1)(iii) introductory text, and paragraph
(d)(4)(ii) are revised 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 2.5 inches (6.4 cm). An owner or operator of a vessel may possess
and land not more than 5,000 lb (2,268 kg) of red hake, and not more
than 3,500 lb (1,588 kg) of combined silver hake and offshore hake, if
either of the following conditions apply:
* * * * *
(ii) Vessels possessing on board or using nets of mesh size equal
to or greater than 2.5 inches (6.4 cm) but less than 3 inches (7.6 cm).
An owner or operator of a vessel that is not subject to the possession
limit specified in paragraph (d)(1)(i) of this section may possess and
land not more than 5,000 lb (2,268 kg) of red hake, and not more than
7,500 lb (3,402 kg) of combined
[[Page 66176]]
silver hake and offshore hake if either of the following conditions
apply:
* * * * *
(iii) Vessels possessing on board or using nets of mesh size equal
to or greater than 3 inches (7.6 cm). An owner or operator of a vessel
that is not subject to the possession limits specified in paragraphs
(d)(1)(i) and (ii) of this section may possess and land not more than
5,000 lb (2,268 kg) of red hake, and not more than 30,000 lb (13,608
kg) of combined silver hake and offshore hake when fishing in the Gulf
of Maine or Georges Bank Exemption Areas, as described in Sec.
648.80(a), and not more than 40,000 lb (18,144 kg) of combined silver
hake and offshore hake when fishing in the Southern New England or Mid-
Atlantic Exemption Areas, as described in Sec. Sec. 648.80(b)(10) and
648.80(c)(5), respectively, if both of the following conditions apply:
* * * * *
(4) * * *
(ii) Silver hake and offshore hake. If a possession limit reduction
is needed for a stock area, the incidental possession limit for silver
hake and offshore hake, combined, in that stock area will be 2,000 lb
(907 kg) for the remainder of the fishing year.
* * * * *
5. In Sec. 648.90, paragraphs (b)(1), (b)(2), (b)(2)(i)(C),
(b)(2)(ii)(C), (b)(3), (b)(4), (b)(5)(ii), and (c)(1) are revised to
read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * * * *
(b) * * *
(1) Three-year specifications process, annual review, and
specifications package. The Council will specify on at least a 3-year
basis the OFL, ABC, ACLs, and TALs for each small-mesh multispecies
stock in accordance with the following process.
(i) At least every 3 years, based on the annual review, described
below in paragraph (b)(3) of this section, and/or the specifications
package, described in paragraph (b)(4) of this section, recommendations
for ABC from the Scientific and Statistical Committee (SSC), and any
other relevant information, the Whiting PDT shall recommend to the
Whiting Oversight Committee and Council specifications including the
OFL, ABC, ACL, and TAL for each small-mesh multispecies stock for a
period of at least 3 years. The Whiting PDT and the Council shall
follow the process in paragraph (b)(2) of this section for setting
these specifications.
(ii) The Whiting PDT, after reviewing the available information on
the status of the stock and the fishery, may recommend to the Council
any measures necessary to assure that the specifications will not be
exceeded, as well as changes to the appropriate specifications.
(iii) Taking into account the annual review and/or specifications
package described in paragraphs (b)(2) and (b)(4), respectively, of
this section, the advice of the SSC, and any other relevant
information, the Whiting PDT may also recommend to the Whiting
Oversight Committee and Council changes to stock status determination
criteria and associated thresholds based on the best scientific
information available, including information from peer-reviewed stock
assessments of small-mesh multispecies. These adjustments may be
included in the Council's specifications for the small-mesh
multispecies fishery.
(iv) Council recommendation. (A) The Council shall review the
recommendations of the Whiting PDT, Whiting Oversight Committee, and
SSC, any public comment received thereon, and any other relevant
information, and make a recommendation to the Regional Administrator on
appropriate specifications and any measures necessary to assure that
the specifications will not be exceeded.
* * * * *
(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, 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) * * *
(C) TALs. (1) The northern silver hake and southern whiting TALs
are equal to the northern silver hake and southern whiting ACLs minus a
discard estimate based on the most recent 3 years of data. The northern
silver hake and southern whiting TALs are 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 proscribed in the FMP and in a manner
consistent with the requirements of the Administrative Procedure Act.
(ii) * * *
(C) TALs. (1) The northern silver hake and southern whiting TALs
are equal to the northern silver hake and southern whiting ACLs minus a
discard estimate based on the most recent 3 years of data. The northern
silver hake and southern whiting TALs are 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 whiting 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 proscribed in the FMP and in a manner
consistent with the requirements of the Administrative Procedure Act.
(3) Annual Review. (i) Using a report provided by NMFS that
includes trends in the fishery, changes in stock biomass, and total
catch data, the Whiting PDT shall meet at least once annually to review
the status of the stock and the fishery and the adequacy of the 3-year
specifications. Based on such review, the PDT shall provide a report to
the Council on any changes or new information about the small-mesh
multispecies stocks and/or fishery, and it shall recommend whether the
specifications for the upcoming year(s), established pursuant to
paragraph (b)(1) of this section, need to be modified. At a minimum,
this review must include a review of at least the following data, if
available: Commercial catch data; discards; stock status (exploitation
rate and survey biomass); sea sampling, port sampling, and survey data
or, if sea sampling data are unavailable, length frequency information
from port sampling and/or surveys; impact of other fisheries on the
mortality of small-mesh multispecies; and any other relevant
information.
(ii) If new and/or additional information becomes available, the
Whiting PDT shall consider it during this annual review. Based on this
review, the Whiting PDT shall provide guidance to the Whiting Oversight
Committee and the Council regarding the need to adjust measures for the
small-mesh multispecies fishery to better achieve the FMP's objectives.
After considering this guidance, the Council may submit to NMFS its
recommendations for changes to management measures, as appropriate,
through the specifications process described in this section, the
process specified in paragraph (c) of this
[[Page 66177]]
section, or through an amendment to the FMP.
(4) Specifications package. (i) The Whiting PDT shall prepare a
specification package, including a SAFE Report, at least every 3 years.
Based on the specification package, the Whiting PDT shall develop and
present to the Council recommended specifications as defined in
paragraph (a) of this section for up to 3 fishing years. The
specifications package shall be the primary vehicle for the
presentation of all updated biological and socio-economic information
regarding the small-mesh multispecies fishery. The specifications
package shall provide source data for any adjustments to the management
measures that may be needed to continue to meet the goals and
objectives of the FMP.
(ii) In any year in which a specifications package, including a
SAFE Report, is not completed by the Whiting PDT, the annual review
process described in paragraph (a) of this section shall be used to
recommend any necessary adjustments to specifications and/or management
measures in the FMP.
(5) Accountability measures for the small-mesh multispecies
fishery.
(i) * * *
(ii) Post-season adjustment for an overage. If NMFS determines that
a small-mesh multispecies ACL was exceeded in a given fishing year, the
in-season accountability measure adjustment trigger, as specified in
Sec. 648.90(b)(5)(i) shall be reduced in a subsequent fishing year by
1 percent for each 1 percent by which the ACL was exceeded through
notification consistent with the Administrative Procedure Act. For
example, if the in-season adjustment trigger is 90 percent, and an ACL
is exceeded by 5 percent, the adjustment trigger for the stock whose
ACL was exceeded would be reduced to 85 percent for subsequent fishing
years.
* * * * *
(c) * * *
(1) Adjustment process. (i) After a management action has been
initiated, the Council shall develop and analyze appropriate management
actions over the span of at least two Council meetings. The Council
shall provide the public with advance notice of the availability of
both the proposals and the analyses and opportunity to comment on them
prior to and at the second Council meeting. The Council's
recommendation on adjustments or additions to management measures,
other than to address gear conflicts, must come from one or more of the
following categories: DAS changes, effort monitoring, data reporting,
possession limits, gear restrictions, closed areas, permitting
restrictions, crew limits, minimum fish sizes, onboard observers,
minimum hook size and hook style, the use of crucifer in the hook-gear
fishery, sector requirements, recreational fishing measures, area
closures and other appropriate measures to mitigate marine mammal
entanglements and interactions, description and identification of EFH,
fishing gear management measures to protect EFH, designation of habitat
areas of particular concern within EFH, and any other management
measures currently included in the FMP.
(ii) The Council's recommendation on adjustments or additions to
management measures pertaining to small-mesh NE multispecies, other
than to address gear conflicts, must come from one or more of the
following categories: Quotas and appropriate seasonal adjustments for
vessels fishing in experimental or exempted fisheries that use small
mesh in combination with a separator trawl/grate (if applicable);
modifications to separator grate (if applicable) and mesh
configurations for fishing for small-mesh NE multispecies; adjustments
to whiting stock boundaries for management purposes; adjustments for
fisheries exempted from minimum mesh requirements to fish for small-
mesh NE multispecies (if applicable); season adjustments; declarations;
participation requirements for any of the Gulf of Maine/Georges Bank
small-mesh multispecies exemption areas; OFL and ABC values; ACL, TAL
or TAL allocations, including the proportions used to allocate by
season or area; small-mesh multispecies possession limits, including
in-season AM possession limits; changes to reporting requirements and
methods to monitor the fishery; and biological reference points,
including selected reference time series, survey strata used to
calculate biomass, and the selected survey for status determination.
(iii) Adjustment process for whiting DAS. The Council may develop
recommendations for a whiting DAS effort reduction program through the
framework process outlined in paragraph (c) of this section only if
these options are accompanied by a full set of public hearings that
span the area affected by the proposed measures in order to provide
adequate opportunity for public comment.
* * * * *
[FR Doc. 2012-26793 Filed 11-1-12; 8:45 am]
BILLING CODE 3510-22-P