Rule2022-08547
Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Common Pool Fishery and Other Measures for Fishing Year 2022
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 22, 2022
Effective
May 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This action implements measures for the Northeast multispecies common pool fishery and other measures under Regional Administrator authority for the 2022 fishing year. This action is necessary to ensure that the Northeast multispecies common pool fishery may achieve the optimum yield for the relevant stocks, while controlling catch to help prevent in-season closures or quota overages. These measures include possession and trip limits, the allocation of zero trips into the Closed Area II Yellowtail Flounder/Haddock Special Access Program for common pool vessels to target yellowtail flounder, and the closure of the Regular B Days-at-Sea Program.
Full Text
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<title>Federal Register, Volume 87 Issue 78 (Friday, April 22, 2022)</title>
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[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Rules and Regulations]
[Pages 24066-24069]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08547]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 210723-0150; RTID 0648-XB923]
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Common Pool Fishery and Other Measures for
Fishing Year 2022
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; possession and trip limit implementation.
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SUMMARY: This action implements measures for the Northeast multispecies
common pool fishery and other measures under Regional Administrator
authority for the 2022 fishing year. This action is necessary to ensure
that the Northeast multispecies common pool fishery may achieve the
optimum yield for the relevant stocks, while controlling catch to help
prevent in-season closures or quota overages. These measures include
possession and trip limits, the allocation of zero trips into the
Closed Area II Yellowtail Flounder/Haddock Special Access Program for
common pool vessels to target yellowtail flounder, and the closure of
the Regular B Days-at-Sea Program.
DATES: Effective at 0001 hours on May 1, 2022, through April 30, 2023.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management
Specialist, 978-281-9232.
SUPPLEMENTARY INFORMATION: The Northeast Multispecies Fishery
Management Plan (FMP) regulations allow the Regional Administrator to
implement possession limits for the common pool fishery, the U.S./
Canada Management Area, and Special Management Programs. This action
implements a number of these management measures for the 2022 fishing
year, effective May 1, 2022.
Common Pool Trip Limits
Regulations at Sec. 648.86(o) allow the Regional Administrator to
implement or adjust a per-Day-at-Sea (DAS) possession limit and/or a
maximum trip limit in order to prevent exceeding the common pool sub-
annual catch limit (sub-ACL) in that fishing year. The possession and
trip limits implemented for the start of the 2022 fishing year are
included in Tables 1 and 2 below. These possession and trip limits were
developed based on the common pool sub-ACLs set by Framework Adjustment
61 to the Northeast Multispecies FMP (86 FR 40353, July 27, 2021) that
will be in effect on May 1, 2022. We considered preliminary 2022 sector
rosters, expected common pool participation, and common pool fishing
activity in previous fishing years. Additionally, during its December
2021 meeting, the New England Fishery Management Council adopted
Framework Adjustment 63 to the Northeast Multispecies FMP, which, if
approved, would modify the common pool sub-ACLs for several stocks. We
are working to publish a proposed rule to request comment on Framework
Adjustment 63. When developing the trip limits in this action, we took
into account Council recommended sub-ACLs that may be implemented in
Framework 63 to put in place trip limits on May 1, 2022, that would not
result in the common pool exceeding any sub-ACLs or trimester total
allowable catch (TAC). Based on this information, we project that these
adjustments will facilitate optimized harvest of the common pool
quotas, while preventing early trimester closures, and preventing catch
from exceeding the 2022 fishing year sub-ACLs.
For Handgear A and Handgear B vessels, possession and trip limits
for Georges Bank (GB) and Gulf of Maine (GOM) cod are tied to the
possession and trip limits for groundfish DAS vessels. The default cod
trip limit is 300 lb (136 kg) for Handgear A vessels and 75 lb (34 kg)
for Handgear B vessels. If the GOM or GB cod limit for vessels fishing
on a groundfish DAS drops below 300 lb (136 kg), then the respective
Handgear A cod trip limit must be reduced to the same limit. Similarly,
the Handgear B trip limit must be adjusted proportionally to the DAS
limit (rounded up to the nearest 25 lb (11 kg)). In accordance with
this process, the Handgear A and Handgear B possession and trip limits
for GB and GOM cod are as listed below in Table 2.
Vessels with a Small Vessel category permit can possess up to 300
lb (136 kg) of cod, haddock, and yellowtail flounder, combined, per
trip. Additionally, for these vessels, the trip limit for all stocks is
equal to the landing limits per DAS applicable to multispecies DAS
vessels. This is necessary to ensure that the trip limit applicable to
the Small Vessel category permit is consistent with the trip limits for
other common pool vessels, as described above.
Weekly quota monitoring reports for the common pool fishery can be
found on our website at: <a href="https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/nemultispecies.html">https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/nemultispecies.html</a>. We will continue to monitor common pool catch
through vessel trip reports, dealer-reported landings, vessel
monitoring system catch reports, and other available information and,
if necessary, we will make additional adjustments to common pool
management measures.
Table 1--2022 Fishing Year Common Pool Possession and Trip Limits
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Stock 2022 Trip limit
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GB Cod (outside Eastern U.S./Canada 100 lb (45.4 kg) per DAS, up to
Area). 200 lb (90.7 kg) per trip.
GB Cod (inside Eastern U.S./Canada ...............................
Area).
GB Cod [Closed Area II Yellowtail 500 lb (226.8 kg) per trip.
Flounder/Haddock SAP (for targeting
haddock)].
GOM Cod................................ 200 lb (90.7 kg) per DAS, up to
400 lb (181.4 kg) per trip.
GB Haddock............................. 100,000 lb (45,359.2 kg) per
trip.
GOM Haddock............................ 2,000 lb (907.2 kg) per DAS, up
to 4,000 lb (1,814.4 kg) per
trip.
GB Yellowtail Flounder................. 100 lb (45.4 kg) per trip.
Southern New England/Mid-Atlantic (SNE/ 100 lb (45.4 kg) per DAS, up to
MA) Yellowtail Flounder. 200 lb (90.7 kg) per trip.
Cape Cod (CC)/GOM Yellowtail Flounder.. 1,000 lb (453.6 kg) per DAS, up
to 2,000 lb (907.2 kg) per
trip.
American plaice........................ 2,000 lb (907.2 kg) per DAS, up
to 4,000 lb (1,814.4 kg) per
trip.
Witch Flounder......................... 1,500 lb (680.4 kg) per trip.
GB Winter Flounder..................... 250 lb (113.4 kg) per trip.
GOM Winter Flounder.................... 1,000 lb (453.6 kg) per trip.
[[Page 24067]]
SNE/MA Winter Flounder................. 2,000 lb (907.2 kg) per DAS, up
to 4,000 lb (1,814.4 kg) per
trip.
Redfish................................ Unlimited.
White hake............................. 1,500 lb (680.4 kg) per trip.
Pollock................................ Unlimited.
Atlantic Halibut....................... 1 fish per trip.
Windowpane Flounder.................... Possession Prohibited.
Ocean Pout ...............................
Atlantic Wolffish ...............................
------------------------------------------------------------------------
Note: Minimum fish sizes apply for many groundfish species, but are not
included in this rule. Please see 50 CFR 648.83 for applicable minimum
fish sizes.
Table 2--2022 Fishing Year Cod Trip Limits for Handgear A, Handgear B,
and Small Vessel Category Permits
------------------------------------------------------------------------
Permit Initial 2022 trip limit
------------------------------------------------------------------------
Handgear A GOM Cod..................... 200 lb (90.7 kg) per trip.
Handgear A GB Cod...................... 100 lb (45.4 kg kg) per trip.
Handgear B GOM Cod..................... 25 lb (11 kg) per trip.
Handgear B GB Cod...................... 25 lb (11 kg) per trip.
Small Vessel Category.................. 300 lb (136.1 kg) of cod,
haddock, and yellowtail
flounder combined;
additionally, vessels are
limited to the common pool DAS
limit for all stocks.
------------------------------------------------------------------------
Table 3 includes the initial common pool trimester TACs for fishing
year 2022. These trimester TACs are based on preliminary sector
rosters. However, individual permit holders have until the end of the
2021 fishing year (April 30, 2022) to drop out of a sector and fish in
the common pool fishery for the 2022 fishing year. Therefore, it is
possible that the sector and common pool catch limits, including the
trimester TACs, may change due to changes in sector rosters. If changes
to sector rosters occur, updated catch limits and/or possession and
trip limits will be announced as soon as possible in the 2022 fishing
year to reflect the final sector rosters as of May 1, 2022. We are
working to publish a proposed rule to request comment on updated 2022
specifications as recommended by the New England Fishery Management
Council in Framework Adjustment 63. If approved, Framework Adjustment
63 would make additional changes to common pool sub-ACLs. There could
be additional changes to common pool trimester TACs and possession and
trip limits as a result.
Table 3--Initial Common Pool Trimester Total Allowable Catches for Fishing Year 2022
[mt, live weight]
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Trimester total allowable catches
Stock -----------------------------------------------
Trimester 1 Trimester 2 Trimester 3
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GB Cod.......................................................... 7.6 9.2 10.3
GOM Cod......................................................... 3.6 2.4 1.3
GB Haddock...................................................... 348.2 425.6 515.9
GOM Haddock..................................................... 36.2 34.9 63.0
GB Yellowtail Flounder.......................................... 0.6 0.9 1.5
SNE/MA Yellowtail Flounder...................................... 0.7 0.9 1.6
CC/GOM Yellowtail Flounder...................................... 15.0 6.9 4.5
American Plaice................................................. 48.1 5.2 11.7
Witch Flounder.................................................. 18.0 6.5 8.2
GB Winter Flounder.............................................. 1.1 3.3 9.2
GOM Winter Flounder............................................. 7.6 7.8 5.1
Redfish......................................................... 22.2 27.5 39.1
White Hake...................................................... 7.3 6.0 6.0
Pollock......................................................... 29.9 37.4 39.6
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Closed Area II Yellowtail Flounder/Haddock Special Access Program
The regulations at Sec. 648.85(b)(3)(vii) allow the Regional
Administrator to determine the total number of common pool trips that
may be declared into the Closed Area II Yellowtail Flounder/Haddock
Special Access Program (SAP) to target yellowtail flounder. This action
allocates zero trips for common pool vessels to target yellowtail
flounder within the Closed Area II Yellowtail Flounder/Haddock SAP for
fishing year 2022. As a result, this SAP is only open to target
haddock, from August 1, 2022, through January 31, 2023. Northeast
multispecies vessels fishing in the SAP must fish with a haddock
separator trawl, a Ruhle trawl, or hook gear. Vessels may not fish in
this SAP using flounder trawl nets.
The Regional Administrator may determine the allocation of the
total number of trips into the Closed Area II
[[Page 24068]]
Yellowtail Flounder/Haddock SAP based on several criteria, including
the GB yellowtail flounder catch limit and the amount of GB yellowtail
flounder caught outside of the SAP. Allocating trips to target
yellowtail flounder in the Closed Area II Yellowtail Flounder/Haddock
SAP is discretionary if the available GB yellowtail flounder catch is
insufficient to support at least 150 trips with a 15,000-lb (6,804-kg)
trip limit, for a total catch of 2,250,000 lb (1,020,600 kg). This
calculation considers projected catch from all vessels from the area
outside the SAP. Based on the fishing year 2022 GB yellowtail flounder
groundfish sub-ACL implemented by Framework Adjustment 61 of 141,095.8
lb (64,000 kg), there is insufficient GB yellowtail flounder to
allocate any trips to the SAP. Further, given the low GB yellowtail
flounder catch limit, catch rates outside of this SAP are more than
adequate to fully harvest the 2022 GB yellowtail flounder allocation.
If approved, Framework Adjustment 63 would implement a 2022 GB
yellowtail flounder sub-ACL that is 73,634 lb (33,399.82 kg) greater
than the Framework 61 sub-ACL, which amounts to fewer than 5 additional
trips with a 15,000-lb (6,804-kg) trip limit in the SAP. As a result,
we do not expect that the final rule implementing Framework 63 would
allocate trips to the SAP to target yellowtail flounder.
Regular B DAS Program
The regulations at Sec. 648.85(b)(6)(vi) authorize the Regional
Administrator to close the Regular B DAS program by prohibiting the use
of Regular B DAS when the continuation of the program would undermine
the achievement of the objectives of the Northeast Multispecies FMP or
the Regular B DAS Program. One reason for terminating the program is an
inability to constrain common pool catches to the Incidental Catch
TACs.
Framework Adjustment 61 implemented Common Pool Incidental Catch
TACs for the Regular B DAS Program for the 2022 fishing year (Table 4).
These TACs are further divided into Quarterly Incidental Catch TACs to
be monitored and managed during each calendar quarter.
Table 4--Fishing Year Total and Quarterly Incidental Catch TACs for the Regular B DAS Program
[mt, live weight]
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Total Quarterly Incidental Catch TAC
Incidental ---------------------------------------------------------------
Stock Catch TAC
---------------- 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter
2022 (13 percent) (29 percent) (29 percent) (29 percent)
----------------------------------------------------------------------------------------------------------------
GB Cod.......................... 0.27 0.04 0.08 0.08 0.08
GOM Cod......................... 0.07 0.01 0.02 0.02 0.02
GB Yellowtail Flounder.......... 0.03 0.00 0.01 0.01 0.01
CC/GOM Yellowtail Flounder...... 0.26 0.03 0.08 0.08 0.08
American Plaice................. 3.25 0.42 0.94 0.94 0.94
Witch Flounder.................. 1.63 0.21 0.47 0.47 0.47
SNE/MA Winter Flounder.......... 0.34 0.04 0.10 0.10 0.10
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Given that the Incidental Catch TACs allocated to the Regular B DAS
Program for several stocks are very small, in-season management of the
Regular B DAS Program is likely to be extremely difficult and
impractical. Implementation of an in-season action to close the Regular
B DAS Program once a Quarterly Incidental Catch TAC for a stock has
been reached would not be possible to complete quickly enough to
prevent further catch of that stock.
As a result, it is unlikely that we can effectively limit catch to
the Incidental Catch TACs during fishing year 2022, and project that
continuation of the program would undermine the achievement of the
objectives of the Northeast Multispecies FMP and the Regular B DAS
Program. The Regular B DAS Program will be closed and use of Regular B
DAS is prohibited for the 2022 fishing year, through April 30, 2023.
This applies to all vessels issued a limited access Northeast
multispecies permit.
Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior
notice and the opportunity for public comment and the 30-day delayed
effectiveness period because it would be contrary to the public
interest and is unnecessary.
Regulations at Sec. 648.86(o) authorize the Regional Administrator
to adjust the Northeast multispecies possession and trip limits for
common pool vessels in order to prevent the overharvest or underharvest
of the pertinent common pool quotas. This action sets the initial
common pool possession and trip limits on May 1, 2022, for the 2022
fishing year. The possession and trip limits implemented through this
action help to ensure that the Northeast multispecies common pool
fishery may achieve the optimum yield for the relevant stocks, while
controlling catch to help prevent in-season closures or quota overages.
Delay of this action would leave the common pool fishery with the
possession and trip limits found in Sec. 648.86, which are too high to
control catch. This would likely lead to early closure of a trimester
and quota overages. Any overage of the quota for either of the first
two trimesters must be deducted from the Trimester 3 quota, which could
substantially disrupt the trimester structure and intent to distribute
the fishery across the entire fishing year. An overage reduction in
Trimester 3 would further reduce fishing opportunities for common pool
vessels and likely result in early closure of Trimester 3.
Additionally, any overage of the annual quota would be deducted from
common pool's quota for the next fishing year, to the detriment of this
stock and diminishing fishing opportunities in the following fishing
year.
The regulations at Sec. 648.85(b)(3)(vii) require that the
Regional Administrator announce the total number of allowed trips by
common pool vessels that may be declared into the Closed Area II
Yellowtail Flounder/Haddock SAP on or about June 1. We have included
the announcement in this in-season action to meet this regulatory
requirement. Doing so ensures that the fishing industry has sufficient
notice in order to plan their activities in the new fishing year. This
action occurs annually, and industry participants are accustomed to it
and expect its timely implementation.
[[Page 24069]]
Given the low quota for GB yellowtail flounder in recent years, no
trips have been allocated to this SAP from fishing year 2010 to fishing
year 2021.
The regulations at Sec. 648.85(b)(6)(vi) authorize the Regional
Administrator to close the Regular B DAS program by prohibiting the use
of Regular B DAS when the continuation of the program would undermine
the achievement of the objectives of the Northeast Multispecies FMP or
the Regular B DAS Program. The Regular B DAS program closure
implemented through this action will prevent an overage of the
Incidental Catch TACs. Delay of this action would provide vessel owners
an opportunity to participate in the Regular B DAS Program, but
participation and catch in the program may cause the allocation to be
exceeded. In addition to the adverse consequences that are against the
public interest, delaying implementation of this action for prior
notice and opportunity for comment is unnecessary. These processes were
established with prior notice and opportunity for comment. They were
established to provide for regular and timely implementation of
necessary catch limits to avoid adverse economic or ecological
consequences that are not in the public interest. Further, adjusting
catch limits in accordance with current conditions and limits provides
maximum fishing opportunities practicable that avoid excess catch that
may result in overfishing. Fishing industry participants and other
stakeholders expect these actions to occur annually and inseason. They
are regular occurrences that participants have become accustomed to.
For the reasons above, delay of this action for additional prior notice
and the opportunity for public comment and the 30-day delayed
effectiveness period are unnecessary and against the public interest
because they would undermine management objectives of the FMP and cause
unnecessary negative economic impacts to the common pool fishery.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 18, 2022.
Kelly Denit,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2022-08547 Filed 4-21-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on April 22, 2022.
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