Proposed Rule2023-05283
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Approval of 2023 and 2024 Sector Operations Plans and Allocation of 2023 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
March 15, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
We propose to approve sector operations plans and contracts, grant regulatory exemptions for fishing years 2023 and 2024, and propose Northeast multispecies allocations of annual catch entitlements to approved groundfish sectors for fishing year 2023. Approval of sector operations plans and contracts is necessary for sectors to operate and receive allocations of annual catch entitlements. This action is intended to allow limited access permit holders to continue to operate or form sectors, as authorized under the Northeast Multispecies Fishery Management Plan, 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 88 Issue 50 (Wednesday, March 15, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Proposed Rules]
[Pages 15944-15951]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-05283]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230309-0071; RTID 0648-XC579]
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; Approval of 2023 and
2024 Sector Operations Plans and Allocation of 2023 Northeast
Multispecies Annual Catch Entitlements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: We propose to approve sector operations plans and contracts,
grant regulatory exemptions for fishing years 2023 and 2024, and
propose Northeast multispecies allocations of annual catch entitlements
to approved groundfish sectors for fishing year 2023. Approval of
sector operations plans and contracts is necessary for sectors to
operate and receive allocations of annual catch entitlements. This
action is intended to allow limited access permit holders to continue
to operate or form sectors, as authorized under the Northeast
Multispecies Fishery Management Plan, and to exempt sectors from
certain effort control regulations to improve the efficiency and
economics of sector vessels.
DATES: Comments must be received on or before March 30, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0009 by the following methods:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a>
and enter NOAA-NMFS-2023-0009 in the Search box. Click on the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
Instructions: 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 by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of each sector's operations plan and contract from fishing
years 2021-2022; the Sector Operations Plan Guide for Fishing Years
2023-2024, which includes NMFS recommended changes for final sector
operations plans for fishing years 2023-2024, as well as the
programmatic environmental assessment for sectors operations in fishing
years 2015 to 2020; and other supporting documents are available from
the NMFS Greater Atlantic Regional Fisheries Office (GARFO): Contact
Samantha Tolken at <a href="/cdn-cgi/l/email-protection#c093a1ada1aeb4a8a1ee94afacaba5ae80aeafa1a1eea7afb6"><span class="__cf_email__" data-cfemail="6132000c000f1509004f350e0d0a040f210f0e00004f060e17">[email protected]</span></a>. These documents are also
accessible via the Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
To review 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: Samantha Tolken, Fishery Management
Specialist, (978) 675-2176.
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
[[Page 15945]]
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. As long as at least three persons issued a
Northeast multispecies permit meet these requirements, permit owners
may have common ownership interests in other permits, vessels, or
businesses associated with such permits. 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
approved 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 minimum
codend mesh size restrictions for trawl gear when fishing in compliance
with 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 to the FMP
(77 FR 16942; March 23, 2012) allowed a state-operated permit bank to
receive an allocation without needing to comply with sector
administrative and procedural requirements. 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 previously approved 16 sectors to operate in fishing years 2021
and 2022, and also approved 18 requested exemptions for sectors (87 FR
24875; April 27, 2022). Copies of the operations plans and contracts
from fishing years 2021-2022, the Sector Operations Plan Guide for
Fishing Years 2023-2024, which includes NMFS recommended changes for
final sector operations plans for fishing years 2023-2024, 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 proposes to
approve sector operations plans and contracts, and grant regulatory
exemptions for fishing years 2023 and 2024. This action also proposes
2023 allocations to the proposed approved sectors based on the
specifications proposed by the New England Fishery Management Council
in Framework Adjustment 65 to the FMP. NMFS will consider Framework
Adjustment 65 in a separate rulemaking.
Operations Plan Submissions and Changes
Annually, we solicit operations plan submissions for consideration
for approval. Twenty-two groundfish sectors are approved to receive
catch allocations, 16 of which submitted operations plans and were
approved to operate, received allocations, and were active in fishing
year 2022. Two approved sectors did not submit operations plans in
fishing year 2022. Additionally, four states are approved to operate
permit banks and two, New Hampshire and Maine, did so in fishing year
2022. We received 16 sector operations plans for approval for fishing
years 2023 and 2024, all of which were approved in previous fishing
years. We did not receive any new operations plans for approval for
fishing year 2023. As a result, we are not proposing to approve any
additional sectors to operate in fishing year 2023 beyond those
previously approved.
Although no new operations plans were submitted, we did receive
several requests to modify existing sector operations plans that we
propose to approve. Sectors may request changes to operations plans as
needed to implement changes to their operations. Several sectors have
requested changes related to at-sea monitoring (ASM) and electronic
monitoring (EM), including adding revised NMFS-recommended language for
the ASM, audit model EM, and maximized retention EM programs to their
existing operations plans. Several sectors have requested changes to
the list of previously-approved sector exemptions by removing their
sector-specific Redfish exemption, which is now an approved universal
sector exemption under Framework Adjustment 61 to the Northeast
Multispecies FMP. We propose to approve these changes to existing
sector operations plans for fishing years 2023 and 2024. We are
publishing the fishing year 2021-2022 operations plans for review with
this action, because final operations plans for fishing year 2023-2024
have not yet been submitted. The sectors' initial operations plans for
fishing year 2023- 2024 request updates to NMFS-recommended language
and minor administrative modifications. Due to the timing of sector
operations plans submissions, they do not contain NMFS-recommended
language for changes implemented in Northeast Multispecies FMP
Amendment 23, however, these changes are expected to be made prior to
any approval in a final rule. We are making the Sector Operations Plan
Guide for Fishing Years 2023-2024 (2023-2024 Guide) available to the
public as a supplemental document for review with this action. The
2023-2024 Guide includes the NMFS-recommended language for inclusion in
the final operations plans. The changes in the recommended language
comport with Amendment 23 requirements. The initial fishing years 2023-
2024 operations plans submitted by sectors do not request substantial
changes from fishing years 2021-2022 final operations plans.
Sector Allocations for Fishing Year 2023
This rule proposes 2023 ACE allocations to all sectors based on
their 2022 sector rosters and the Council-recommended 2023 ACL for each
stock in Framework Adjustment 65 to the Northeast Multispecies FMP.
Framework Adjustment 65 is subject to Regional Administrator review and
public comment separate from this rulemaking. If approved, NMFS expects
to implement Framework Adjustment 65 and the 2023 ACLs early in the
2023 fishing year. If Framework Adjustment 65 is not implemented by May
1, 2023, we would allocate ACE based on default
[[Page 15946]]
specifications and catch limits set by Framework Adjustments 61 and 63.
Sectors have not yet submitted 2023 sector rosters. Therefore, the
2022 sector rosters are the best available information to provide
industry with ACE allocation estimates at this time. For fishing year
2023, the deadline for sectors to submit preliminary sector rosters for
fishing year 2023 is three weeks after NMFS's announcement of the ASM
coverage target, which we expect to announce sometime in March. Sectors
may set a more restrictive enrollment deadline for their members. NMFS
will use preliminary 2023 roster submissions to establish rosters and
allocations in the final rule for this action. Any changes in sector
rosters will be reflected in ACE allocations in the final rule. Roster
changes may result in significant changes in sector allocations, but we
note that significant changes have not typically occurred from year to
year. Rosters published in the final rule may still not reflect the
final ACE allocation for fishing year 2023 because all permits enrolled
in a sector, and the vessels associated with those permits, have until
April 30, 2023, to withdraw from a sector and fish in the common pool
for fishing year 2023. Any changes to sector rosters after the final
rule has published are expected to be minor and are not expected to
lead to substantial changes in allocations.
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 1 shows the preliminary projected total PSC for
each sector, by stock, for fishing year 2023. Tables 2 and 3 show
estimates of the preliminary allocations that each sector will be
allocated, in pounds and metric tons, respectively, for fishing year
2023, based on their 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-
ACLs are managed separately from sectors and do not contribute to
available ACE for leasing or harvest by sector vessels.
We do not assign a permit 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 2022 catch information for sectors in summer
2023. If there are fishing year 2022 overages, we will allow sectors to
trade fishing year 2022 ACE for 2 weeks upon our completion of year-end
catch accounting to reduce or eliminate any fishing year 2022 overages.
If necessary, we will reduce any sector's fishing year 2023 allocation
to account for a remaining overage in fishing year 2022. 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 15947]]
[GRAPHIC] [TIFF OMITTED] TP15MR23.006
[[Page 15948]]
[GRAPHIC] [TIFF OMITTED] TP15MR23.003
[[Page 15949]]
[GRAPHIC] [TIFF OMITTED] TP15MR23.004
BILLING CODE 3510-22-C
[[Page 15950]]
Exemptions Previously Granted for Fishing Years 2021 and 2022
Previously Granted Exemptions for Fishing Years 2021 and 2022 (1-18)
We propose to grant exemptions from the following requirements for
fishing years 2023 and 2024, 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 4 below.
Table 4--Exemptions Previously Granted for Fishing Years 2021 and 2022
----------------------------------------------------------------------------------------------------------------
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 in Fishing Year 2023
For fishing year 2023, sectors did not request any novel
exemptions.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act. Consistent with MSA section 305(d), this action
is necessary to carry out the Northeast Multispecies FMP in accordance
with the FMP's implementing regulations. These regulations require NMFS
approval of operations plans for sectors to receive their ACE for
specific groundfish stocks. The NMFS Assistant Administrator has
determined that this proposed rule is consistent with the Northeast
Multispecies FMP, other provisions of the Magnuson-Stevens Act, and
other applicable law, subject to further consideration after public
comment.
This proposed action is exempt from review under Executive Order
12866 because it contains no implementing regulations.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
NMFS finds that a 15-day comment period provides a reasonable
opportunity for public participation in this action pursuant to
Administrative Procedure Act section 553(c) (5 U.S.C. 553(c)), while
also ensuring that the final rule is in place for the start of the
groundfish fishing year on May 1, 2023. Because sectors would not be
approved to operate or receive allocations in this fishery until this
final rule is in place, stakeholder and industry groups expect this
rule to be implemented prior to May. This is an annual allocation
process established under the FMP, and, as such, it does not raise
novel concerns for stakeholders. A prolonged comment period and
subsequent potential delay in implementation past the start of the 2023
fishing year would be both unnecessary and contrary to the public
interest.
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 proposed rule would approve sector operations plans for fishing
years 2023 and 2024 and allocate ACE to the proposed approved sectors
for fishing year 2023 (May 1, 2023, through April 30, 2024). Approved
sectors are exempt from certain common pool effort control regulations
(such as trip limits and days-at-sea), and instead fish under the
sector provisions of the Northeast Multispecies FMP and their sector's
harvest rules. As described below, this action is expected to have
positive impacts on fishing vessels and permit holders.
For Regulatory Flexibility Act purposes only, NMFS established a
small business size standard for businesses, including their
affiliates, whose primary industry is commercial fishing (see 50 CFR
200.2). A business primarily engaged in commercial fishing (NAICS code
11411) is classified as a small business if it is independently owned
and operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts less than $11 million for
all its affiliated operations worldwide. The determination of whether
the entity is
[[Page 15951]]
large or small is based on the average annual revenue for the most
recent three years for which data are available (from 2019 through
2021).
To participate in the Northeast Multispecies Sector Program,
vessels must possess a limited access multispecies permit and operate
as a member of a sector. Therefore, entities holding one or more
limited access multispecies permits are the entities that have the
potential to be directly impacted by this action. Ownership data
collected from permit holders indicates that there are 552 distinct
business entities that hold at least one permit impacted by the
proposed action. Of these, 544 are categorized as small entities and 8
are categorized as large entities, per NMFS guidelines.
This rule proposes to approve sector operations plans and contracts
and grant regulatory exemptions for fishing years 2023 and 2024. This
rule also proposes allocations of ACE to approved sectors for fishing
year 2023 consistent with the FMP. The approval of sector operations
plans for fishing years 2023 and 2024 and allocation of fishing year
2023 ACE to sectors will have a positive impact on all 552 entities
(including the 544 small entities), as it will provide additional
flexibility afforded by participating in the sector program, rather
than fishing under the common pool effort control regulations. Sectors
are not required to fish in accordance with requirements in the common
pool effort control regulations, such as limits on days-at-sea, trip
limits, gear restrictions, and closures intended to control overall
fishing mortality, all of which also would be subject to in-season
modifications and fishery closures based on industry-wide landings.
This additional flexibility is expected to improve the efficiency and
economic opportunities of vessels in the sector program.
For the reasons stated above, this proposed rule would not have a
significant economic impact on a substantial number of small entities.
As a result, an initial regulatory flexibility analysis is not required
and none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 10, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-05283 Filed 3-14-23; 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 March 15, 2023.
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.