[Federal Register Volume 77, Number 217 (Thursday, November 8, 2012)]
[Proposed Rules]
[Pages 66947-66950]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27245]
[[Page 66947]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120813331-2562-01]
RIN 0648-XC164
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; Proposed Rule to
Implement a Targeted Acadian Redfish Fishery for Sector Vessels
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This action would expand on a previously approved sector
exemption by allowing groundfish sector trawl vessels to harvest
redfish using nets with codend mesh as small as 4.5 inches (11.4 cm).
In addition, this action proposes to implement an industry-funded at-
sea monitoring program for sector trips targeting redfish with trawl
nets with mesh sizes that are less than the regulated mesh size
requirement.
DATES: Written comments must be received on or before November 23,
2012.
ADDRESSES: A copy of the accompanying environmental assessment and the
final draft of Component 2 of the REDNET project are available from the
NMFS Northeast Regional Office: John K. Bullard, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. These documents are also accessible via
the Federal eRulemaking Portal: http://www.regulations.gov.
You may submit comments, identified by NOAA-NMFS-2011-0264, by any
one of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal: http://www.regulations.gov.
Fax: (978) 281-9135, Attn: William Whitmore.
Mail: Paper, disk, or CD-ROM comments should be sent to
John K. Bullard, Regional Administrator, National Marine Fisheries
Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the
outside of the envelope: ``Comments on Redfish Rule.''
Instructions: All comments received are part of the public record
and will generally be posted to http://www.regulations.gov without
change. No comments will be posted for public viewing until after the
comment period has closed. All Personal Identifying Information (for
example, name, address, etc.) voluntarily submitted by the commenter
may 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). You may submit attachments to electronic
comments in Microsoft Word, Excel, WordPerfect, or Adobe PDF file
formats only.
Once submitted to NMFS, copies of addenda to FY 2012 sector
operations plans detailing industry-funded monitoring plans, and the
supplemental environmental assessment (EA), will be available from the
NMFS NE Regional Office at the mailing address above.
FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy
Analyst, phone (978) 281-9182, fax (978) 281-9135.
SUPPLEMENTARY INFORMATION:
Background
1. Exemption from 6.5-inch (16.5-cm) Codend Mesh Size so Vessels Can
Target Redfish
Regulations from Amendment 16 to the Northeast (NE) Multispecies
Fishery Management Plan (FMP) allow a sector to request exemptions from
Federal fishing regulations through its annual operations plan (for
more information on sector operations plans and regulatory exemptions,
see the fishing year 2012 sector operations plan proposed rule, 77 FR
8780, February 15, 2012).
In their 2011 and 2012 operations plans, several sectors in the NE
multispecies fishery requested an exemption from NE multispecies codend
mesh-size restrictions so they could use 5-inch (12.7-cm) codend mesh
to target redfish, a fully rebuilt groundfish stock. These requests
were denied because, at that time, we were waiting for results from a
collaborative redfish research project that was looking at redfish
bottom trawl fishing using small-mesh nets. The project, known as
REDNET, is comprised of a group of researchers, commercial fishermen,
and other interested stakeholders who are working to further improve
and develop the redfish fishery. Sectors also requested an exemption to
use 6-inch (15.2-cm) mesh to target redfish in their 2012 operations
plans. This exemption was approved, and an explanation is provided
below.
On December 1, 2011, following the completion of a portion of the
REDNET project, the Sustainable Harvest Sector and the Northeast
Fishery Sectors submitted an exemption request to us to use 4.5-inch
(11.4-cm) codend mesh to target redfish in a portion of the Gulf of
Maine, east of the year-round Western Gulf of Maine Closure Area. The
sectors submitted preliminary results from the REDNET project to
justify their exemption request. Sectors are normally required to
submit their exemption requests by September 1 to ensure that any
necessary analyses can be included in the required environmental
assessment (EA) in time for fishing operations to start at the
beginning of the following fishing year (i.e., May 1). Due to the late
timing of this 4.5-inch (11.4-cm) codend mesh exemption request, we
were unable to include any analyses to accompany the rulemaking for the
fishing year 2012 sector operations plans. We explained to the
requesting sectors that the initial study results from the REDNET
research project showed some potential that 4.5-inch (11.4-cm) codend
mesh could be used to successfully target redfish with minimal bycatch
of other fish species. But we also commented that the study would need
to be completed and reviewed prior to the exemption being considered by
NMFS. We also informed the sectors that the study results should be
sent through the New England Fishery Management Council's (Council)
Research Steering Committee for review.
Preliminary findings from Component 2 (of 6) of the REDNET report
were presented to the Council on February 1, 2012. Following the
presentation, the Council requested that NMFS expedite approval of a
sector exemption allowing vessels to more easily target redfish. In
response to the Council's request, and because we determined that a
reduction to 6.0-inch (15.2-cm) codend mesh represented a minor change,
sectors were granted an exemption from mesh size restrictions for
fishing year 2012, and are now able to utilize 6.0-inch (15.2-cm)
codend mesh to target redfish (see the final rule approving sector
operations plans (77 FR 26129; May 2, 2012)). As proposed by the
sectors, vessels fishing with 6.0-inch (15.2-cm) codend mesh size on
the exemption trips are required to have a NMFS-certified observer or
at-sea monitor on board. In addition, vessels targeting redfish under
this exemption must notify their sector manager that they intend to
target redfish and must submit daily catch reports to their sector
manager.
[[Page 66948]]
A report summarizing the results of Component 2 of the REDNET
project was completed in April 2012. Although the results were
encouraging, the report lacked detail with regard to the actual design
of the gear tested, the operational procedures vessels used when
targeting redfish and what a ``significant'' amount of minimal bycatch
of other fish species is. Also, Component 2 of the REDNET project was
considered exploratory/demonstration fishing and was not a designed
study.
In a May 21, 2012, letter to the Council, we requested that the
Council's Research Steering Committee review the summary report
mentioned above at its June 25, 2012, meeting and provide comments on
the report, as well as on the feasibility for granting a regulatory
exemption to allow sector vessels to use codend mesh as small as 4.5
inches (11.4-cm) to target redfish. The Research Steering Committee
reviewed the REDNET report and identified concerns similar to those
listed above. The Committee recommended that an exemption allowing
vessels to use 4.5-inch (11.4-cm) mesh codend to target redfish be
approved annually based on catch information from the previous year.
As explained above, exemptions are normally proposed, reviewed, and
approved through the final rule implementing the annual sector
operations plans; however, sectors can request exemptions at any time
within the fishing year. Because the Council has requested that NMFS
pursue exemptions allowing sector vessels to more efficiently target
redfish, and the Research Steering Committee has endorsed the approval
of a 4.5-inch (11.4-cm) mesh exemption, this action proposes a 4.5-inch
(11.4-cm) codend trawl mesh exemption for potential mid-year
implementation. All measures proposed for this exemption are also being
extended to the currently approved 6-inch (15.2-cm) codend mesh
exemption.
To aid in identifying trips targeting redfish with small-mesh nets,
all sector trawl vessels that intend to target redfish with codend mesh
greater than or equal to 4.5 inches (11.4-cm) but less than 6.5 inches
(16.5-cm) (the required regulated codend mesh size for the area
fished), would be required to have an observer or at-sea monitor on
board, and would be required to submit a trip start hail prior to
leaving port. Sector vessels intending to utilize this exemption would
also be required to submit a trip start hail identifying the trip as
one that will target redfish under the exemption.
To ensure that this exemption does not negatively impact fish
stocks, we are proposing two catch thresholds that, if exceeded by a
sector, could, taking into account the circumstances, result in the
NMFS Northeast Regional Administrator rescinding approval of the
exemption for the sector in question. To help ensure that vessels do
not direct on other species of fish while using small mesh, monthly
catch amounts under this exemption must be comprised of at least 80
percent redfish. Additionally, to help mitigate catches of sub-legal
sized groundfish, total groundfish discards (excluding redfish
discards), may not exceed 5 percent of all groundfish caught when
directing on redfish with small-mesh nets. These thresholds were
determined to be consistent with catch information from REDNET trips.
The final report for Component 2 of the REDNET project is available for
review and the analyses for these thresholds are included in the
accompanying EA (see ADDRESSES section). This rule also proposes that
the Regional Administrator could further adjust these two thresholds,
if necessary, to help ensure that vessels are directing on redfish and
catching minimal amounts of undersized groundfish.
Sector catch utilizing this exemption would be analyzed monthly
with a cumulative calculation. If a sector exceeds either of the
thresholds, it would have 1 month to correct this overage. If, after 1
month, the sector has still exceeded either threshold, the exemption
for that particular sector could be revoked by the Regional
Administrator for the remainder of the fishing year through a notice
published consistent with the Administrative Procedure Act. An interim
reporting process would be developed to monitor catch under this
exemption. Because of these catch thresholds, a catch monitoring
program, and the requirement to submit a trip start hail, sector
vessels would no longer be required to submit daily catch reports they
currently submit when utilizing the 6.0-inch (15.2-cm) codend mesh
exemption. The reporting mechanisms used for submitting catch data may
be adjusted at any time if deemed necessary by the Regional
Administrator.
In addition, the Regional Administrator would reserve the right to
revoke this exemption if it is determined that the exemption is
negatively impacting spawning fish, rebuilding efforts for any
groundfish stocks, or populations of stocks that the current minimum
codend mesh size of 6.5 inches (16.5-cm) was intended to protect.
Vessels requesting this exemption have asked that they be allowed
to fish under this exemption with small mesh and fish with regulated
codend mesh nets for other groundfish stocks on the same trip.
Supporters of this request claim that vessels need this additional
flexibility on a trip to maximize profits, arguing that catch
information could be linked to the mesh size fished by observers or at-
sea monitors. NMFS has some concern about vessels fishing multiple mesh
sizes on the same trip. Both NMFS' Office of Law Enforcement and the
U.S. Coast Guard have commented that allowing vessels to fish multiple
mesh sizes on the same trip undermines the ability to monitor the catch
composition that corresponds with each mesh size fished, and to ensure
that groundfish are not targeted with undersized mesh. Because
observers and at-sea monitors do not observe every haul (fishing
operations may occur while they are sleeping), exact catch from these
hauls cannot be identified and included in catch thresholds. Also,
during unmonitored times, vessels have an opportunity to either
illegally discard fish caught with smaller mesh in an effort to remain
within the catch thresholds or target groundfish with the smaller mesh
nets. Because adequate catch monitoring is necessary to apply the
proposed bycatch thresholds and to differentiate catch between small
and standard groundfish mesh sizes, we are expecting that the majority
of hauls be recorded by an at-sea monitor or observer on a trip
targeting redfish. If the majority of haul backs are not observed, the
Regional Administrator could revoke the exemption.
Despite the concerns described above, we are proposing that trawl
vessels targeting redfish using nets of codend mesh less than the
regulated mesh size be allowed; however, we are specifically requesting
public comment on this issue. If this flexibility measure is approved,
the thresholds would only be applied to portions of the trip when
vessels are trawling with small mesh.
2. Request To Develop Industry-Funded At-Sea Monitoring Programs for
Trips Targeting Redfish
Currently, any sector vessel targeting redfish under a mesh size
exemption is required to have an at-sea monitor or observer on board.
Some sectors are concerned that their ability to utilize this exemption
is restricted because vessels have to wait to be randomly selected for
a federally funded observer or at-sea monitor. As a result, several
sectors have asked to work with us to develop an industry-funded at-sea
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monitoring program so they could take more trips targeting redfish.
After considering the request, we have determined that we could support
a small-scale industry-funded program. Limitations to the size of the
program are due to a limited pool of available at-sea monitors and
observers.
Specifically, 4 sectors (26 vessels) have expressed interest in
funding additional at-sea monitoring coverage for trips targeting
redfish. Here, NMFS proposes that any sector interested in developing
an industry-funded at-sea monitoring program be required to develop a
monitoring plan and include this plan in its operations plan. The
monitoring plan would be reviewed by NMFS, and if it is determined that
the plan is sufficient, it would be approved along with the rest of the
sector's operations plan. For fishing year 2012, any approved at-sea
monitoring program would be included as an addendum to the sector's
operations plan.
NMFS also proposes that a vessel in a sector that has an approved
industry-funded at-sea monitoring program must notify NMFS of its
intent to take a small-mesh trip targeting redfish at least 48 hours in
advance. Instead of calling into the Pre-Trip Notification System
currently established for sector vessels, the vessel would call into a
separate system when intending to fish under the small-mesh exemption.
Vessels enrolled in a sector that has an approved industry-funded
monitoring program would forfeit the opportunity to have a federally
funded observer or at-sea monitor assigned for coverage. In other
words, any vessel in a sector that has an approved industry-funded
program and that elects to target redfish under the redfish exemption
would be required to pay for at-sea monitoring coverage for that trip.
Once a sector has an approved at-sea monitoring program for targeted
redfish trips, the sector may not opt-out of the program until the
following fishing year.
Alternatively, vessels could elect to target redfish under the
small-mesh exemption only when randomly assigned a federally funded
observer or at-sea monitor. Importantly, under this proposal, all
groundfish catch from a declared small-mesh redfish trip would be
debited against the sector's allocation. Catch from small-mesh redfish
trips would not be factored into a sector's overall discard rate,
regardless of whether the monitor is federally or industry funded.
Because normal groundfish trips and targeted redfish trips may exhibit
different behavior and/or catch rates, the discarded fish should be
treated differently based on the trip that is taken.
Classification
The NMFS Assistant Administrator has made a preliminary
determination that this proposed rule is consistent with the NE
Multispecies FMP, other provisions of the Magnuson-Stevens Act, and
other applicable law, subject to further consideration after public
comment. This action is exempt from review under Executive Order (E.O.)
12866.
This proposed rule would expand on a previously approved regulatory
exemption for NE multispecies sector trawl vessels by allowing them to
target redfish with codend mesh nets as small as 4.5 inches (11.4-cm).
In addition, this action would allow sectors to develop and fund their
own at-sea monitor program for trips targeting redfish.
Public comments on the proposed rule must be received by the end of
the comment period. All comments received by the end of the comment
period will be considered in the approval/disapproval decision. To be
considered, comments must be received by close of business on the last
day of the comment period; that does not mean postmarked or otherwise
transmitted by that date.
Pursuant to section 605 of the Regulatory Flexibility Act (RFA), 5
U.S.C. 601-12, the Chief Counsel for Regulation of the Department of
Commerce certified to the Chief Counsel for Advocacy of the Small
Business Administration (SBA) that this action, if implemented, would
not have a significant economic impact on a substantial number of small
entities; therefore, an Initial Regulatory Flexibility Analysis (IRFA)
has not been prepared. The factual basis for this determination is
explained below.
There are two objectives of this proposed action. The first is to
authorize a regulatory exemption that would allow NE multispecies
sector vessels to fish bottom trawls with codend mesh sizes greater or
equal to 4.5 inches (11.4-cm) but less than 6.5 inches (16.5-cm) when
targeting redfish. The second is to allow sectors to develop an
industry-funded at-sea monitoring program for trips targeting redfish.
All sector vessels could potentially utilize the mesh-size exemption.
Currently, approximately 4 sectors, or 26 of 850 sector vessels signed
into the 2012 fishing year sector program, have expressed interest in
developing an industry-funded at-sea monitoring program.
Because of the limited scope of this proposed rule, the impacts of
the preferred alternatives would only directly affect a small number of
small businesses. As stated above, four sectors have expressed interest
in funding an at-sea monitoring program. The SBA size standard for
small fishing entities is $4 million in gross sales. No groundfish
entity (vessel) exceeds this threshold. Therefore, all permitted and
participating vessels in the groundfish fishery are considered to be
small fishing entities. It is anticipated that the approximately 26
vessels from these sectors that have expressed interest will target
redfish with small mesh on 102 trips. This represents roughly 6 percent
of active groundfish vessels and 0.7 percent of the groundfish trips
taken by those vessels. Importantly, the proposals in this rule are
strictly voluntary; these actions were requested by fishermen to
enhance fishing opportunities, improve operational flexibility, and
increase profits.
The RFA requires Federal agencies to consider disproportionality
and profitability to determine the significance of regulatory impacts.
If approved, all sector vessels would have the same opportunity to
utilize smaller codend mesh to target redfish. Accordingly, no small
entities would be disproportionately impacted in relation to large
entities.
Allowing sector vessels to fish with smaller mesh while targeting
redfish would increase fishing efficiency and, therefore, revenue. Due
to limits in Federal funding for observer coverage, sector vessels are
unable to fish for redfish with small mesh as frequently as they would
like, because observers or at-sea monitors are not available to monitor
trips. Allowing sectors to pay for additional at-sea monitoring, as
they requested, would increase operational flexibility by allowing
vessels to take more trips. The catch from these additional trips would
increase profits. These provisions are not restrictions, but requests
by sectors that could improve efficiencies and increase profits.
Therefore, the profitability criterion is not met because no reductions
in profit are expected for any small entities.
Because this proposal would only provide economic benefits to the
affected small entities, there is no significant economic impact to a
substantial number of small entities. No assumptions are necessary to
conduct the analyses in support of this conclusion. As a result, an
IRFA is not required and none has been prepared.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of the Proposed Rule
This proposed rule contains no collection-of-information
requirement subject to the Paperwork Reduction Act.
[[Page 66950]]
Regulations under the Magnuson-Stevens Fishery Conservation and
Management Act require publication of this notification to provide
interested parties the opportunity to comment on proposed sector
operations plan addenda.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 1, 2012.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, performing the
functions and duties of the Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2012-27245 Filed 11-7-12; 8:45 am]
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