Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Common Pool Fishery and Other Measures for Fishing Year 2023

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Published

April 12, 2023

Effective

May 1, 2023

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 2023 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 88 Issue 70 (Wednesday, April 12, 2023)</title>
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[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Rules and Regulations]
[Pages 21927-21930]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07613]

[[Page 21927]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 220711-0151;RTID 0648-XC854]

Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Common Pool Fishery and Other Measures for
Fishing Year 2023

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Temporary rule; possession and trip limit implementation.

-----------------------------------------------------------------------

SUMMARY: This action implements measures for the Northeast multispecies
common pool fishery and other measures under Regional Administrator
authority for the 2023 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, 2023, through April 30, 2024.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy
Analyst, 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 2023 fishing
year, effective May 1, 2023.

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 2023 fishing year are
included in Tables 1 and 2 below. These possession and trip limits were
developed based on the common pool sub-ACLs that will be in effect on
May 1, 2023, including those set by Framework Adjustment 63 to the FMP
and those that are in place as default specifications consistent with
the current regulations at Sec. 648.90(a)(3). NMFS considered
preliminary 2023 sector rosters, expected common pool participation,
and common pool fishing activity in previous fishing years. NMFS 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, will make further
adjustments to common pool management measures based on common pool
catch. NMFS may also make necessary changes to the common pool
possession and trip limits in consideration of fishing year 2022 catch
information in relation to any new catch limits approved in Framework
65.
Under default specification regulations, if the default
specifications set at 75 percent of the previous year's amount exceed
the Council's recommendations for any stock for the current year, the
specifications for that stock shall be reduced to the Council's
recommendations. During its December 2022 meeting, the New England
Fishery Management Council adopted Framework Adjustment 65 to the
Northeast Multispecies FMP, which, if approved, would modify the common
pool sub-ACLs for several stocks. NMFS is working to publish a proposed
rule to request comment on Framework 65, but the final rule for that
action is not expected to be in effect until after the beginning of the
fishing year. Consequently, default specifications will be in place
until that rule is final, and, when developing the trip limits in this
action, NMFS took into account Council-recommended sub-ACLs that may be
implemented in Framework 65. The trip limits in this action were
designed to not result in the common pool exceeding any sub-ACLs or
trimester total allowable catch (TAC) that may be implemented by
Framework 65. Based on this information, NMFS projects 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 NMFS' 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>. NMFS 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, will make additional adjustments to common pool
management measures.

Table 1--2023 Fishing Year Common Pool Possession and Trip Limits
------------------------------------------------------------------------
Stock 2022 trip limit
------------------------------------------------------------------------
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.

[[Page 21928]]

GB Haddock............................. 50,000 lb (22,679.62 kg) per
trip.
GOM Haddock............................ 1,000 lb (453.6 kg) per DAS, up
to 2,000 lb (907.2 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.
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--2023 Fishing Year Cod Trip Limits for Handgear A, Handgear B,
and Small Vessel Category Permits
------------------------------------------------------------------------
Permit Initial 2023 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 2023. These trimester TACs are based on preliminary sector
rosters. However, individual permit holders have until the end of the
2022 fishing year (April 30, 2023) to drop out of a sector and fish in
the common pool fishery for the 2023 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 2023 fishing
year to reflect the final sector rosters as of May 1, 2023. NMFS is
working to publish a proposed rule to request comment on updated 2023
specifications as recommended by the New England Fishery Management
Council in Framework Adjustment 65. If approved, Framework Adjustment
65 would make additional changes to common pool sub-ACLs. There could
be 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 2023
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
Trimester total allowable catches
Stock -----------------------------------------------
Trimester 1 Trimester 2 Trimester 3
----------------------------------------------------------------------------------------------------------------
GB Cod.......................................................... 1.3 1.6 1.8
GOM Cod......................................................... 4.3 2.9 1.6
GB Haddock...................................................... 40.0 48.8 59.2
GOM Haddock..................................................... 6.2 6.0 10.8
GB Yellowtail Flounder.......................................... 0.6 0.9 1.5
SNE/MA Yellowtail Flounder...................................... 0.5 0.7 1.3
CC/GOM Yellowtail Flounder...................................... 13.4 6.1 4.0
American Plaice................................................. 35.5 3.8 8.6
Witch Flounder.................................................. 16.4 6.0 7.5
GB Winter Flounder.............................................. 1.0 2.9 8.2
GOM Winter Flounder............................................. 8.0 8.2 5.4
Redfish......................................................... 24.7 30.6 43.4
White Hake...................................................... 5.7 4.7 4.7
Pollock......................................................... 24.1 30.1 31.8
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[[Page 21929]]

Closed Area II Yellowtail Flounder/Haddock Special Access Program

The regulations at Sec. 648.85(b)(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 2023. As a result, this SAP is only open to target
haddock, from August 1, 2023, through January 31, 2024. Northeast
multispecies vessels fishing in the SAP must fish with a haddock
separator trawl, a Ruhle trawl, or hook gear.
The Regional Administrator determines the allocation of the total
number of trips into the Closed Area II 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 2023
GB yellowtail flounder groundfish sub-ACL implemented by Framework
Adjustment 63 of 220,462.3 lb (100,000 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 2023 GB yellowtail
flounder allocation.
If approved, Framework Adjustment 65 would not change the 2023 GB
yellowtail flounder sub-ACL. As a result, the final rule implementing
Framework 65 is not expected to 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 63 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]
----------------------------------------------------------------------------------------------------------------
Total Quarterly incidental catch TAC (mt)
incidental ------------------------------------------------------------------
Stock catch TAC (mt)
----------------- 1st quarter (13 2nd quarter (29 3rd quarter (29 4th quarter
2023 percent) percent) percent) (29 percent)
----------------------------------------------------------------------------------------------------------------
GB Cod...................... 0.05........... 0.01........... 0.01........... 0.01........... 0.01
GOM Cod..................... 0.09........... 0.01........... 0.03........... 0.03........... 0.03
GB Yellowtail Flounder...... 0.03........... 0.00........... 0.01........... 0.01........... 0.01
CC/GOM Yellowtail Flounder.. 0.23........... 0.03........... 0.07........... 0.07........... 0.07
American Plaice............. 2.40........... 0.31........... 0.70........... 0.70........... 0.70
Witch Flounder.............. 1.49........... 0.19........... 0.43........... 0.43........... 0.43
SNE/MA Winter Flounder...... 0.38........... 0.05........... 0.11........... 0.11........... 0.11
----------------------------------------------------------------------------------------------------------------

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 catch can be effectively limited
to the Incidental Catch TACs during fishing year 2023, and we 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 2023 fishing year, through April 30, 2024.
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 under-
harvest of the pertinent common pool quotas. This action sets the
initial common pool possession and trip limits on May 1, 2023, for the
2023 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

[[Page 21930]]

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. The Regional
Administrator's announcement is included in this 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. 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 2022.
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 in-season. They
are regular occurrences to which participants have become accustomed.
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 6, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2023-07613 Filed 4-11-23; 8:45 am]
BILLING CODE 3510-22-P

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