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Federal Register / Vol. 86, No. 130 / Monday, July 12, 2021 / Proposed Rules
be reasonable to expect a higher level of confidence that southern red hake can rebuild in approximately two generations, which equates to 10 years.
Under this rebuilding program, catch limits would be established by reducing the acceptable biological catch ABC to 75-percent of the fishing mortality rate at maximum sustainable yield FMSY for the duration of the rebuilding period or until the stock reaches its biomass target, whichever happens first. In past years, the ABC has been set at 90percent or higher of the FMSY. In addition, it would decrease the trip possession limit from 5,000 pounds lb 2,268 kilograms kg to a dual 1,000-lb/
600-lb 453.6-kg/272.2-kg possession limit based on the selectivity of the gear type or mesh size being used. The 600lb 272.2 kg possession limit would apply to standard small-mesh trawls less than 5.5-inch 13.97- centimeters cm square or diamond mesh, which are less selective, while the 1,000-lb 453.6-kg possession limit would apply to large-mesh trawls and other more selective gear types. These small-mesh selective gear types include raisedfootrope trawls, large-mesh belly panel trawls, and rope separator trawls. The reduced possession limits are intended to reduce landings and catch and to incentivize fishermen to use gear and gear configurations that reduce the catch of red hake. The in-season accountability measure will remain in place which would reduce the possession limit to 400 lb 181 kg when the landings meet or exceed the total allowable landings TAL trigger at 40.4
percent of the ACL. The Regional Administrator may deem other gears as selective based on an evaluation of their ability to adequately reduce the catch of red hake and would be announced through issuance of a rule in the Federal Register. In addition, the 1,000-lb 453.6-kg possession limit applies to vessels when using gears other than trawls.

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Classification Pursuant to section 304b1A of the Magnuson-Stevens Fishery Conservation and Management Act Magnuson-Stevens Act, the NMFS
Assistant Administrator has determined that this proposed rule is consistent with all applicable Fishery Management Plans that the Council manages, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.
This proposed rule has been determined to be not significant for purposes of Executive Order 12866.

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The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities.
The factual basis for this certification is as follows.
The New England Fishery Management Council evaluated the potential socioeconomic impacts of the proposed measures in conjunction with an environmental assessment. This rule would affect all permitted small-mesh multispecies vessels; therefore, the direct regulated entity is a firm that owns at least one small-mesh multispecies permit either an open access or limited access Northeast multispecies permit. These businesses catch a small fraction of small-mesh multispecies; furthermore, they are minimally affected by the proposed action. To estimate the number of commercial entities that may experience impacts from the proposed action, active small-mesh multispecies entities landing southern red hake are defined as those entities containing permits that are directly regulated and that landed southern red hake in 2018 for commercial sale. In 2018, there were 168 business entities landing southern red hake, of which 167 were classified as small business entities that could potentially be affected by the proposed action. However, it is further estimated that the proposed action would affect only about 50 of those 167 identified as small business entities. These 50 small business entities derived, on average, about 0.57 percent of total entity revenue from red hake.
The measures proposed in Framework 62 would increase the long-term economic benefits on small entities. The proposed action would establish a rebuilding plan and management measures for the southern red hake stock. More specifically, the action would create a lower-tiered year-round trip possession limit based on gear selectivity for southern red hake, unless an in-season accountability measure is put in place which would reduce the possession limit to 400 lb 181 kg when the landings meet or exceed the TAL
trigger at 40.4 percent of the ACL. This is meant to incentivize vessels to use the more selective gear to reduce overall southern red hake catch levels while still allowing a slightly higher possession limit to reduce regulatory discards. Overall, Framework 62 would ensure that catch levels are sustainable and contribute to rebuilding southern red hake stock and, therefore, maximize yield.

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The low negative economic loss to small entities from this action are associated with the small decrease in the southern red hake possession limit.
The suite of preferred alternatives will result in a slight loss in revenue from a slight decrease in southern red hake landings compared to taking no action, which would keep the southern red hake possession limit at 5,000 lb 2,268
kg and allow higher overall catch limits i.e., higher ABC. The proposed changes in management measures are not likely to dramatically change fishing behavior and or catch because 60 to 80
percent of southern red hake are currently discarded due to lack of marketability. The magnitude in economic loss is low because the stock is not typically targeted. Therefore, the Council concluded, and NMFS agrees, that this action would not have a significant adverse impact on a substantial number of small businesses.
This proposed rule contains no information collection requirements under the Paperwork Reduction Act of 1995.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: July 1, 2021.
Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

For the reasons set out in the preamble, 50 CFR part 648 is proposed to be amended as follows:
PART 648FISHERIES 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 648.86, add paragraph d1v to read as follows:

648.86 NE Multispecies possession restrictions.

d
1
v Possession of southern red hake while under a rebuilding plan. When the southern red hake stock, defined as statistical areas 525526, 533534, 541
543, 537539, 562, 611616, 621623, 625628, 631634, 635638, is under a rebuilding plan, the year-round possession limit for southern red hake shall be the following:
A Vessels possessing on board or using nets of mesh size smaller than 5.5
in 13.97 cm. Owners and operators of vessels may possess and land no more
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