Rule2022-08901
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2022 Allocation of Northeast Multispecies Annual Catch Entitlements
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 27, 2022
Effective
May 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This final rule allocates annual catch entitlements to groundfish sectors for the 2022 fishing year and approves changes to previously approved sector operations plans. This rule also denies four novel sector exemption requests. The action is necessary because sectors must receive allocations in order to operate in fishing year 2022. This action will allow limited access permit holders to continue to operate sectors, and to exempt sectors from certain effort control regulations to improve the efficiency and economics of sector vessels.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 81 (Wednesday, April 27, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Rules and Regulations]
[Pages 24875-24882]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-08901]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 220421-0101: RTID 0648-XX078]
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; 2022 Allocation of
Northeast Multispecies Annual Catch Entitlements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule allocates annual catch entitlements to
groundfish sectors for the 2022 fishing year and approves changes to
previously approved sector operations plans. This rule also denies four
novel sector exemption requests. The action is necessary because
sectors must receive allocations in order to operate in fishing year
2022. This action will allow limited access permit holders to continue
to operate sectors, and to exempt sectors from certain effort control
regulations to improve the efficiency and economics of sector vessels.
DATES: Northeast multispecies annual catch entitlements for sectors are
effective May 1, 2022, through April 30, 2023.
ADDRESSES: Copies of each sector's operations plan and contract are
available from the NMFS Greater Atlantic Regional Fisheries Office:
Contact Claire Fitz-Gerald at <a href="/cdn-cgi/l/email-protection#1b58777a72697e355d726f61365c7e697a777f5b75747a7a357c746d"><span class="__cf_email__" data-cfemail="37745b565e455219715e434d1a705245565b53775958565619505841">[email protected]</span></a>, Kyle Molton
at <a href="/cdn-cgi/l/email-protection#703b091c155e3d1f1c041f1e301e1f11115e171f06"><span class="__cf_email__" data-cfemail="763d0f1a13583b191a021918361819171758111900">[email protected]</span></a>, or Samantha Tolken at
<a href="/cdn-cgi/l/email-protection#35665458545b415d541b615a595e505b755b5a54541b525a43"><span class="__cf_email__" data-cfemail="aefdcfc3cfc0dac6cf80fac1c2c5cbc0eec0c1cfcf80c9c1d8">[email protected]</span></a>. These documents are also accessible via the
GARFO website. To view these documents and the Federal Register
documents referenced in this rule, you can visit: <a href="https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan">https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan</a>.
FOR FURTHER INFORMATION CONTACT: Kyle Molton, Fishery Management
Specialist, (978) 281-9236.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Multispecies Fishery Management Plan (FMP) defines a
sector as ``a group of persons holding limited access Northeast
multispecies permits who have voluntarily entered into a contract and
agree to certain fishing restrictions for a specified period of time,
and which has been granted a TAC(s) [sic] in order to achieve
objectives consistent with applicable FMP goals and objectives.'' A
sector must be comprised of at least three Northeast multispecies
permits issued to at least three different persons, none of whom have
any common ownership interest in the permits, vessels, or businesses
associated with the permits issued [to] the other two or more persons
in that sector. Sectors are self-selecting, meaning participation is
voluntary, and each sector can choose its members.
The Northeast multispecies sector management system annually
allocates a portion of the Northeast multispecies stocks to each
sector. These annual sector allocations are known as annual catch
entitlements (ACE) and are based on the collective fishing history of a
sector's members. Sectors may receive allocations of large-mesh
Northeast multispecies stocks with the exception of Atlantic halibut,
windowpane flounder, Atlantic wolffish, and ocean pout, which are non-
allocated species managed under separate effort controls. ACEs are
portions of a stock's annual catch limit (ACL) available to commercial
Northeast multispecies vessels. A sector determines how to harvest its
ACE.
Because sectors elect to receive an allocation under a quota-based
system, the FMP grants sector vessels several universal exemptions from
the FMP's effort controls. These universal exemptions apply to: Trip
limits on allocated stocks; portions of the Gulf of Maine (GOM) Cod
Protection Closures; Northeast multispecies days-at-sea (DAS)
restrictions; the requirement to use a 6.5-inch (16.5-cm) mesh codend
when fishing with selective gear on Georges Bank (GB); and the
requirement to use a 6.5-inch (16.5-cm) mesh codend when fishing under
the provisions of the Redfish Exemption Program. The FMP allows the
Council to add universal exemptions using the framework adjustment
procedure. Sectors may request additional exemptions annually as part
of their sector operations plans to increase flexibility and fishing
opportunities. Sectors are prohibited from requesting exemptions from
permitting restrictions, gear restrictions designed to minimize habitat
impacts, and most reporting requirements.
In addition to the sectors, there are several state-operated permit
banks that each receive an allocation based on the fishing history of
permits they hold. The final rule implementing Amendment 17
[[Page 24876]]
to the FMP allowed a state-operated permit bank to receive an
allocation without needing to comply with sector administrative and
procedural requirements (77 FR 16942; March 23, 2012). Instead, permit
banks are required to submit a list of permits to NMFS, as specified in
the permit bank's Memorandum of Agreement between NMFS and the state.
These permits are not assigned to active vessels; instead, the
allocations associated with the permits may be leased to vessels
enrolled in sectors. State-operated permit banks contribute to the
total allocation under the sector system.
We have previously approved 16 sectors to operate in fishing years
2021 and 2022 and also approved 19 requested exemptions for sectors (86
FR 22898; April 30, 2021). Because all approved operations plans cover
two fishing years, approved sectors may continue operations and the
approved exemptions in fishing year 2022. Copies of the operations
plans and contracts, the environmental assessment (EA), and other
supporting documents are available at: <a href="https://www.fisheries.noaa.gov/species/northeast-multispecies">https://www.fisheries.noaa.gov/species/northeast-multispecies</a> and from NMFS (see ADDRESSES). This
action makes 2022 allocations to sectors based on the specifications
set by the New England Fishery Management Council in Framework
Adjustments 59 and 61 to the FMP. This action also announces default
catch limits for two management units which do not have specifications
in place for fishing year 2022. This action also approves several
changes to already approved sector operations plans and denies four
requests for novel sector exemptions.
Catch Limits for Fishing Year 2022
Previously Established and Default Catch Limits
Framework 59 (85 FR 45794; July 30, 2020) and Framework 61 (86 FR
40353; July 28, 2021) to the FMP previously set fishing year 2022 catch
limits for all groundfish stocks. However, neither Framework 59 or 61
specified 2022 catch limits for Eastern GB cod or Eastern GB haddock.
Eastern GB cod and haddock are management units of the GB cod and GB
haddock stocks that NMFS manages jointly with Canada, and the shared
quota is set annually.
This year, in Framework 63 to the FMP, the Council adopted new or
adjusted fishing year 2022 catch limits for: GOM cod; GB cod; GB
haddock; GB yellowtail flounder; and white hake. Framework 63 would set
2022 catch limits for the two U.S./Canada management units (Eastern GB
cod and Eastern GB haddock). We have published a proposed rule for
Framework 63 (87 FR 23482; April 20, 2022), however, we will not be
able to implement Framework 63 measures, if approved, before May 1,
2022.
As a result, the sector and common pool allocations in this rule
are based on the 2022 catch limits set in Framework 59 and 61 that will
be effective on May 1, 2022 (Table 1), default catch limits for Eastern
GB cod and Eastern GB haddock (Table 2), and preliminary 2022 fishing
year rosters. If we approve Framework 63, the 2022 catch limits
announced in this rule for these stocks will change when Framework 63
measures become effective.
This rule also announces default catch limits for Eastern GB cod,
and Eastern GB haddock (Table 2). These stocks do not already have a
catch limit in place for fishing year 2022. The groundfish regulations
implement default catch limits for any stock for which final
specifications are not in place by the beginning of the fishing year on
May 1. The FMP's default specifications provision sets catch at 35
percent of the previous year's (2021) catch limits, except in instances
where the default catch limit would exceed the Council's
recommendation. The default catch limits are effective from May 1
through July 31, or until the final rule for Framework 63 is
implemented if prior to July 31. To comply with these regulations and
minimize impacts on the fishery we are announcing these default
specifications. If Framework 63 is not in place on or before July 31,
all fishing for these management units will be prohibited beginning
August 1.
Catch Limit Changes for GB Cod
The previously set fishing year 2022 U.S. Acceptable Biological
Catch (ABC) for GB cod is 1,308 mt, which will be in place on May 1.
The Council recommended a fishing year 2022 US ABC of 343 mt for GB cod
in Framework 63. This is a 74-percent decrease, which will go into
effect after May 1 if Framework 63 is approved. The Council's
recommendations will be further discussed in the Framework 63 proposed
rule. We are highlighting this change in this rule because the GB cod
sector allocations approved in this rule are based on the previously
set 2022 catch limits. If the Council's recommended catch limits become
final with no changes, the U.S. ABC and resulting sector allocations
for this stock will be reduced when Framework 63 is implemented, and
allocations will be changed in accordance with that reduction.
Table 1--Northeast Multispecies Catch Limits for 2022
------------------------------------------------------------------------
Commercial
Stock Total U.S. ABC groundfish sub-
(mt) ACL (mt)
------------------------------------------------------------------------
GB Cod *.......................... 1,308 1,093.1
GOM Cod *......................... 552 270.4
GB Haddock *...................... 81,242 72,250.4
GOM Haddock....................... 11,526 7,055.9
GB Yellowtail Flounder *.......... 80 63.6
SNE/MA Yellowtail Flounder........ 22 15.6
CC/GOM Yellowtail Flounder........ 823 691.9
American Plaice................... 2,825 2,630.1
Witch Flounder.................... 1,483 1,317.3
GB Winter Flounder................ 608 563.2
GOM Winter Flounder............... 497 280.9
SNE/MA Winter Flounder............ 456 288.1
Redfish........................... 10,062 9,558.9
White Hake *...................... 2,147 2,019.3
Pollock........................... 16,812 14,134.7
N. Windowpane Flounder............ 160 107.9
S. Windowpane Flounder............ 384 42.9
[[Page 24877]]
Ocean Pout........................ 87 49.8
Atlantic Halibut.................. 101 73.4
Atlantic Wolffish................. 92 85.6
------------------------------------------------------------------------
* These catch limits are based on previously set fishing year 2022
specifications and will be replaced when the final rule for Framework
63 becomes effective, if approved.
Table 2--Default Catch Limits for 2022
------------------------------------------------------------------------
Groundfish
Stock sub-ACL
(mt)
------------------------------------------------------------------------
Eastern GB Cod *........................................... 66.7
Eastern GB Haddock *....................................... 2,270.1
------------------------------------------------------------------------
* These catch limits are based on default specifications and will be
replaced when the final rule for Framework 63 becomes effective, if
approved.
Operations Plan Submissions and Changes
Annually, we solicit operations plan submissions for consideration
for approval; however, sectors already approved to operate in fishing
years 2021 and 2022 were not required to submit operations plans for
2022. We did not receive any new operations plans for approval for
fishing year 2022. As a result, there will be no additional sectors
authorized to operate in fishing year 2022 beyond those previously
approved.
Although no new operations plans were submitted we did receive
several requests to modify existing sector operations plans that we are
approving. Sectors may request changes to operations plans as needed to
implement administrative changes to their operations. Several sectors
requested changes related to electronic monitoring (EM), including
adding audit model EM plans to their existing operations plans, updates
to methods used to estimate discards, and revised language authorizing
the sharing of confidential data to support EM program operations.
Additionally, several sectors requested modifications that would add
NMFS-approved maximized retention electronic monitoring (MREM) program
language to their sector operations plans. The addition of MREM
language would allow for a more seamless transition to MREM for sectors
vessels should it be approved for operation for all sectors in fishing
year 2022. Several sectors also requested operations plan modifications
to add a description of a gear conflict reduction agreement that sector
members have agreed to in order to limit gear conflicts between sector
groundfish and lobster vessels. We are approving these changes to
existing sector operations plans.
Sector Allocations for Fishing Year 2022
This rule makes 2022 ACE allocations to all sectors based on their
preliminary 2022 sector rosters. These allocations are based on the May
1, 2022, ACL for each stock. Because sectors are operating under 2-year
operations plans for fishing years 2021 and 2022, these allocations
would allow vessels enrolled in sectors to operate under their existing
operations plan, as approved.
For fishing year 2022, we set a deadline for sectors to submit
preliminary sector rosters by February 28, 2022, in order to determine
rosters for final rulemaking and allocations. However, rosters
published in this rule may still not reflect the final ACE allocation
for fishing 2022 because all permits enrolled in a sector, and the
vessels associated with those permits, have until April 30, 2022, to
withdraw from a sector and fish in the common pool for fishing year
2022. As a result, the total permits participating in sectors for
fishing year 2022 could change from the preliminary rosters included in
this rule, but such changes are expected to be minimal based on past
fishing years.
We calculate the sector's allocation for each stock by summing its
members' potential sector contributions (PSC) for a stock and then
multiplying that total percentage by the available commercial sub-ACL
for that stock. Table 3 shows the total PSC for each sector by stock
for fishing year 2022. Tables 4 and 5 show the estimated allocations
that each sector will receive, in pounds and metric tons, respectively,
for fishing year 2022, based on their preliminary fishing year 2022
rosters. We provide the final allocations, to the nearest pound, to
each sector based on their final May 1 rosters. We use these final
allocations, along with later adjustments including ACE transfers,
reductions for overages, or increases for carryover, to monitor sector
catch. The common pool sub-ACLs are also included in each of these
tables. The common pool sub-ACL is managed separately from sectors and
does not contribute to available ACE for leasing or harvest by sector
vessels.
We do not assign separate PSCs for the Eastern GB cod or Eastern GB
haddock; instead, we assign each permit a PSC for the GB cod stock and
GB haddock stock. Each sector's GB cod and GB haddock allocations are
then divided into an Eastern ACE and a Western ACE, based on each
sector's percentage of the GB cod and GB haddock ACLs. For example, if
a sector is allocated 4 percent of the GB cod ACL, the sector is
allocated 4 percent of the commercial Eastern U.S./Canada Area GB cod
total allowable catch (TAC) as its Eastern GB cod. The Eastern GB
haddock allocations are determined in the same way. These amounts are
then subtracted from the sector's overall GB cod and haddock
allocations to determine its Western GB cod and haddock ACEs. A sector
may only harvest its Eastern GB cod and haddock ACEs in the Eastern
U.S./Canada Area. A sector may also ``convert,'' or transfer, its
Eastern GB cod or haddock allocation into Western GB allocation and
fish that converted ACE outside the Eastern GB area.
We expect to finalize 2021 catch information for sectors in summer
2022. We will allow sectors to transfer fishing year 2021 ACE for two
weeks upon our completion of year-end catch accounting to reduce or
eliminate any fishing year 2021 overages. If necessary, we will reduce
any sector's fishing year 2022 allocation to account for a remaining
overage in fishing year 2021. Each year we notify the Council and
sector managers of this deadline and announce this decision on our
website at: <a href="https://www.fisheries.noaa.gov/species/northeast-multispecies">https://www.fisheries.noaa.gov/species/northeast-multispecies</a>.
BILLING CODE 3510-22-P
[[Page 24878]]
[GRAPHIC] [TIFF OMITTED] TR27AP22.000
[[Page 24879]]
[GRAPHIC] [TIFF OMITTED] TR27AP22.001
[[Page 24880]]
[GRAPHIC] [TIFF OMITTED] TR27AP22.002
BILLING CODE 3510-22-C
[[Page 24881]]
Exemptions Previously Granted for Fishing Years 2021 and 2022
Previously Granted Exemptions for Fishing Years 2021 and 2022 (1-18)
We have already granted exemptions from the following requirements
for fishing years 2021 and 2022, all of which have been requested and
granted in previous years: (1) 120-day block out of the fishery
required for Day gillnet vessels; (2) 20-day spawning block out of the
fishery required for all vessels; (3) limits on the number of gillnets
for Day gillnet vessels outside the GOM; (4) prohibition on a vessel
hauling another vessel's gillnet gear; (5) limits on the number of
gillnets that may be hauled on GB when fishing under a Northeast
multispecies/monkfish DAS; (6) limits on the number of hooks that may
be fished; (7) DAS Leasing Program length and horsepower restrictions;
(8) prohibition on discarding; (9) gear requirements in the Eastern
U.S./Canada Management Area; (10) prohibition on a vessel hauling
another vessel's hook gear; (11) the requirement to declare an intent
to fish in the Eastern U.S./Canada Special Access Program (SAP) and the
Closed Area (CA) II Yellowtail Flounder/Haddock SAP prior to leaving
the dock; (12) seasonal restrictions for the Eastern U.S./Canada
Haddock SAP; (13) seasonal restrictions for the CA II Yellowtail
Flounder/Haddock SAP; (14) sampling exemption; (15) prohibition on
combining small-mesh exempted fishery and sector trips in southern New
England (SNE); (16) extra-large mesh requirement to target dogfish on
trips excluded from at-sea monitoring (ASM) in SNE and Inshore GB; (17)
requirement that Handgear A vessels carry a Vessel Monitoring System
(VMS) unit when fishing in a single broad stock area; and (18) limits
on the number of gillnets for Day gillnet vessels in the GOM. We also
approved an exemption from the 6.5-inch (16.5-cm) minimum mesh size
requirement for trawl nets to allow a 5.5-inch (14.0-cm) codend on
directed redfish trips, however, that exemption was eliminated in 2021
when we approved a new universal sector exemption for redfish as part
of Framework Adjustment 61 (86 FR 40353; July 28, 2021). A detailed
description of the previously granted exemptions and supporting
rationale can be found in the applicable final rules identified in
Table 6 below.
Table 6--Exemptions Previously Granted for Fishing Years 2020 and 2021
----------------------------------------------------------------------------------------------------------------
Exemptions Rulemaking Date of publication Citation
----------------------------------------------------------------------------------------------------------------
1-2, 4-9..................... Fishing Year 2011 Sector April 25, 2011.............. 76 FR 23076
Operations Final Rule.
10-11........................ Fishing Year 2012 Sector May 2, 2012................. 77 FR 26129
Operations Final Rule.
12-14........................ Fishing Year 2013 Sector May 2, 2013................. 78 FR 25591
Operations Interim Final
Rule.
3, 15........................ Fishing Years 2015-2016 May 1, 2015................. 80 FR 25143
Sector Operations Final
Rule.
16........................... Framework 55 Final Rule... May 2, 2016................. 81 FR 26412
17........................... Amendment 18 Final Rule... April 21, 2017.............. 82 FR 18706
18........................... Fishing Year 2018 Sector May 1, 2018................. 83 FR 18965
Operations Final Rule.
----------------------------------------------------------------------------------------------------------------
Northeast Multispecies Federal Register documents can be found at <a href="http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/">http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/</a> sustainable/species/multispecies/.
Exemption Requests Not Approved in Fishing Year 2022
For fishing year 2022, sectors requested a total of four new
exemptions, two related to extra-large mesh gillnets and EM, and two
related to MREM and existing universal exemptions. We are denying all
new sector exemption requests for fishing year 2022. A detailed summary
of the exemption requests and rationale for our denial of their
approval is included in the preamble for the proposed rule for this
action (87 FR 12416; March 4, 2022), and is not repeated here.
Comments and Responses
We received no comments on the proposed rule. As a result, this
rule contains no comment summary or response to comments.
Changes From the Proposed Rule
The allocations published in the proposed rule were based on final
fishing year 2021 sector rosters because we had not yet received
preliminary rosters for the 2022 fishing year. The deadline for
preliminary sector roster submissions for fishing year 2022 was
February 28, 2022. The ACE allocated to each sector has been updated in
the final rule to reflect preliminary sector enrollment for the 2022
fishing year.
The allocations outlined in the proposed rule were based on fishing
year 2022 catch limits expected under Framework 63. Because Framework
63 will not be in place before May 1, 2022, this rule announces default
specifications for two stocks that did not previously have fishing year
2022 catch limits, and bases 2022 allocations to sectors on previously
established fishing year 2022 catch limits and those defaults. The ACE
allocated to each sector has been updated in the final rule to reflect
the previously established 2022 catch limits and default
specifications.
There are no other changes from the proposed measures.
Classification
The NMFS Assistant Administrator has determined that this final
rule is consistent with the Northeast Multispecies FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law.
There is good cause pursuant to 5 U.S.C. 553(d)(3) to waive the 30-
day delay in effective date for this final rule. This action allocates
ACE for fishing year 2022 to 16 groundfish sectors in the Northeast
multispecies fishery. This rule could not be completed earlier because
required deadlines for sectors to submit rosters, sector exemption
requests, and other necessary information to NMFS do not allow for the
development of a rule earlier in the year. We must have preliminary
sector rosters for the upcoming fishing year in order to allocate
preliminary ACE to sectors. Sectors are prohibited from fishing without
ACE allocations, as such, timely implementation is necessary to ensure
that sectors may fish at the start of the 2022 fishing year on May 1,
2022. If sectors were prohibited from fishing while waiting for the
rule to take effect, there would be significant disruption to the
fishery along with negative economic impacts and a reduced ability to
achieve optimum yield, thus undermining the intent of the rule.
Industry members and other stakeholders are aware of and familiar with
this annual process and had an opportunity to comment on these
procedures during the development and approval of Amendment 16.
Stakeholders also expect this process to ensure these actions occur in
a timely manner.
[[Page 24882]]
This action is exempt from the procedures of Executive Order (E.O.)
12866.
This final rule does not contain policies with Federalism or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 21, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2022-08901 Filed 4-26-22; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 27, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.