[Federal Register Volume 77, Number 229 (Wednesday, November 28, 2012)]
[Proposed Rules]
[Pages 70988-70990]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28838]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 121115632-2632-01]
RIN 0648-BC70
Control Date To Limit Excessive Accumulation of Control,
Qualifying Landings History, and Referendum Eligibility in the Small-
Mesh Multispecies Fishery
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Advance notice of proposed rulemaking (ANPR); request for
comments.
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SUMMARY: At the request of the New England Fishery Management Council,
this notice announces a ``control date'' that may be used as a
reference for future management actions applicable to, but not limited
to, qualifying landings and permit history for a limited access or
allocation-based management program and limits on the accumulation of
excessive control or ownership of fishing privileges in the small-mesh
multispecies fishery. This notice is intended to promote awareness of
possible rulemaking; notify the public that any future accumulation of
fishing privilege interests in the small-mesh
[[Page 70989]]
multispecies fishery may be affected, restricted, or even nullified;
and discourage speculative behavior in the market for fishing
privileges while the New England Fishery Management Council considers
whether and how such limitations on accumulation of fishing privileges
should be developed. Interested participants should locate and preserve
records that substantiate and verify their control of small-mesh
multispecies permits and other fishing privileges, as well as red,
silver, and offshore hake, collectively known as small-mesh
multispecies, landings history from Federal waters.
DATES: November 28, 2012, shall be known as the ``control date'' for
the small-mesh multispecies fishery and may be used as a reference for
future management measures related to the maintenance of a fishery with
characteristics consistent with the Councils' objectives and applicable
Federal laws. Written comments must be received on or before 5 p.m.,
local time, December 28, 2012.
ADDRESSES: You may submit comments on this document, identified by
``NOAA-NMFS-2012-0212,'' by any of the following methods:
Electronic Submission: 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, then enter ``NOAA-NMFS-2012-0212'' 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.
Mail: Submit written comments to John Bullard, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope,
``Comments on SMMS Limited Access and Accumulation Limits Control
Date.''
Fax: (978) 281-9135; Attn: Moira Kelly.
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 without change. 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,
phone: 978-281-9218, fax: 978-281-9135.
SUPPLEMENTARY INFORMATION: The small-mesh multispecies fishery is
composed of five stocks of three species of hakes (northern silver
hake, southern silver hake, northern red hake, southern red hake, and
offshore hake), and the fishery is managed primarily through a series
of exemptions from the Northeast Multispecies Fishery Management Plan
(FMP). The New England Fishery Management Council (Council) manages
these fisheries through annual catch limits, in-season and post-season
accountability measures, and possession limits.
According to the most recent assessment, none of the small-mesh
multispecies stocks are currently overfished or in danger of being
overfished, and overfishing is not occurring. The Council sets limits
to achieve maximum sustainable yield, which allows for positive impacts
to human communities, yet measures (primarily possession limits) are
included in the FMP to minimize excessive fishing effort. Despite this
and the relatively stable recent catches, the potential remains for a
rapid increase in effort and catch due to the open access management
status.
Limited access alternatives for the small-mesh multispecies fishery
were proposed during 2000 for incorporation in Amendment 12, using a
September 9, 1996, control date. The Council proposed entry
requirements based on historic participation in the small-mesh
multispecies fishery, including factors such as amount of small-mesh
multispecies landed and whether or not the vessel had obtained a
multispecies permit on or before the previous control date of September
9, 1996. Future participation would have included catch restrictions
based on a vessel's past involvement in the fishery. The limited access
provisions of Amendment 12 were disapproved by NMFS because they were
inconsistent with National Standard 4 regarding fairness and equity of
the qualifying criteria, and section 304(e) of the Magnuson-Stevens
Fishery Conservation and Management Act, regarding achieving rebuilding
objectives. The Council later updated the control date to March 23,
2003, intended for use as part of the basis for determination of
potential limited access eligibility with a different set of
eligibility criteria. However, development of the limited access
program for the small-mesh multispecies fishery stalled due to other
priorities of the Council.
The Council is reconsidering limited access in the small-mesh
multispecies fishery to address the potential for a rapid increase in
fishing effort that could cause overfishing and destabilize markets.
Limited access criteria may differ between the northern and southern
stock areas due to fishery characteristics and participation.
Historically, the northern stock area has seen greater activity
involving small-mesh multispecies vessels and trips than the southern
stock area. However, access to the directed small-mesh multispecies
fishery is more limited in the northern stock area than in the southern
stock area. The northern stock area is managed with a series of access
areas and seasons, while the vessels may fish with small mesh
throughout the southern area year-round. The Council may choose
alternatives that account for differences between the areas, focusing
on preventing excessive fishing effort. Limited access alternatives may
apply to any vessel landing any amount of small-mesh multispecies, or
only vessels targeting or landing larger amounts of small-mesh
multispecies. The Council intends to develop alternatives that will
have thresholds for determining whether a vessel qualifies for limited
access or allocation based management program, and, possibly, limits on
the accumulation of excessive fishing privileges. The Council may
develop alternatives for sector management as well as for limited
access. This may include determination of potential section
contributions based on a qualifying vessel's history in the fishery.
Because the last control date for this fishery is over 10 years old and
may not reflect current fishing activities, the Council requested at is
September 2012 meeting that NMFS publish this new ANPR ``control
date.''
The date of publication of this notification, November 28, 2012,
shall be known as the ``control date'' for the small-mesh multispecies
fishery and may be used as a reference for future management measures
in determining how to treat landings and permit history acquired before
or after this date for purposes of establishing a limited access
[[Page 70990]]
or allocation-based management program, as well as possibly limiting
the accumulation of fishing privileges acquired before or after this
date, depending on the Council's determinations on limiting access,
control, or ownership of such landings and privileges. The
establishment of a control date, however, does not obligate the Council
to use this control date or take any action, nor does it prevent the
Council from picking another control date or imposing limits on permits
acquired prior to the control date. Accordingly, this notification is
intended to promote awareness that the Council may develop management
measures to address these concerns; to provide notice to the public
that any current or future accumulation of fishing privilege interests
in the small-mesh multispecies fishery may be affected, restricted, or
even nullified; and discourage speculative behavior in the market for
fishing privileges while the Council considers whether and how such
limitations on accumulation of fishing privileges should be developed.
Any measures the Council considers may require changes to the Northeast
Multispecies FMP. Such measures may be adopted in a future amendment to
the FMP, which would include opportunity for further public
participation and comment.
This notification also gives the public notice that interested
participants should locate and preserve records that substantiate and
verify their control of small-mesh multispecies permits and other
fishing privileges in the small-mesh multispecies fishery, as well as
small-mesh multispecies landings from Federal waters. Fishing
privileges include, but are not limited to vessels, fishing permits,
and any other type of catch limit or share.
This notification and control date do not impose any legal
obligations, requirements, or expectation.
Authority: 16 U.S.C. 1801 et seq.
Dated: November 21, 2012.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
[FR Doc. 2012-28838 Filed 11-27-12; 8:45 am]
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