Rule2023-17592
Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 65
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
August 18, 2023
Effective
August 18, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
This action approves and implements Framework Adjustment 65 to the Northeast Multispecies Fishery Management Plan. This rule revises the rebuilding plan for Gulf of Maine cod, sets catch limits for 16 of the 20 multispecies (groundfish) stocks, and makes a temporary modification to the accountability measures for Georges Bank cod. This action also corrects erroneous regulations and removes outdated regulations. This action also implements an emergency action to set fishing year 2023 catch limits for Gulf of Maine haddock. This action is necessary to respond to updated scientific information and to achieve the goals and objectives of the fishery management plan. The measures are intended to help prevent overfishing, rebuild overfished stocks, achieve optimum yield, and ensure that management measures are based on the best scientific information available. The emergency action is necessary to avoid a potential shut-down of the groundfish fishery in the Gulf of Maine in fishing year 2023, while still preventing overfishing for Gulf of Maine haddock.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 159 (Friday, August 18, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 159 (Friday, August 18, 2023)]
[Rules and Regulations]
[Pages 56527-56544]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-17592]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230810-0190]
RIN 0648-BL95
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 65
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule; emergency action; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action approves and implements Framework Adjustment 65 to
the Northeast Multispecies Fishery Management Plan. This rule revises
the rebuilding plan for Gulf of Maine cod, sets catch limits for 16 of
the 20 multispecies (groundfish) stocks, and makes a temporary
modification to the accountability measures for Georges Bank cod. This
action also corrects erroneous regulations and removes outdated
regulations. This action also implements an emergency action to set
fishing year 2023 catch limits for Gulf of Maine haddock. This action
is necessary to respond to updated scientific information and to
achieve the goals and objectives of the fishery management plan. The
measures are intended to help prevent overfishing, rebuild overfished
stocks, achieve optimum yield, and ensure that management measures are
based on the best scientific information available. The emergency
action is necessary to avoid a potential shut-down of the groundfish
fishery in the Gulf of Maine in fishing year 2023, while still
preventing overfishing for Gulf of Maine haddock.
DATES: Effective August 18, 2023, except for the temporary
specification of the Gulf of Maine haddock catch limits under Catch
Limits for Fishing Years 2023-2025 in SUPPLEMENTARY INFORMATION, which
are effective August 18, 2023 through February 14, 2024. Comments on
the emergency action for Gulf of Maine haddock must be submitted by 5
p.m. EST on September 18, 2023.
ADDRESSES: For this action, NMFS developed a supplement for the
Environmental Assessment (EA) for Framework 65. Copies of the
supplemental EA for this rulemaking are available on the internet at
<a href="https://www.fisheries.noaa.gov/region/new-england-mid-atlantic">https://www.fisheries.noaa.gov/region/new-england-mid-atlantic</a> and
<a href="http://www.regulations.gov">www.regulations.gov</a>.
You may submit comments on the emergency action for Gulf of Maine
haddock, identified by NOAA-NMFS-2023-0021, by the following method:
<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-2023-0021 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. 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. You may submit anonymous
comments by entering ``N/A'' in the required fields if you wish to
remain anonymous.
Copies of Framework Adjustment 65, including the EA, the Regulatory
Impact Review, and the Regulatory Flexibility Act Analysis prepared by
the New England Fishery Management Council in support of this action,
are available from Thomas A. Nies, Executive Director, New England
Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA
01950. The supporting documents are also accessible via the internet
at: <a href="http://www.nefmc.org/management-plans/northeast-multispecies">http://www.nefmc.org/management-plans/northeast-multispecies</a> or
<a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Policy Analyst,
phone: 978-282-8493; email: <a href="/cdn-cgi/l/email-protection#97dbfeedb9c4e2fbfbfee1f6f9d7f9f8f6f6b9f0f8e1"><span class="__cf_email__" data-cfemail="175b7e6d3944627b7b7e617679577978767639707861">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Summary of Approved Measures
The New England Fishery Management Council (Council) adopted
Framework Adjustment 65 to the Northeast Multispecies Fishery
Management Plan (FMP) on December 7, 2022. The Council submitted
Framework 65, including an EA, for NMFS approval on April 18, 2023.
NMFS published a proposed rule for Framework 65 on May 31, 2023 (88 FR
34810), with a 15-day comment period that closed on June 15, 2023.
Under the Magnuson-Stevens Act, the Secretary approves,
disapproves, or partially approves measures that the Council proposes,
based on consistency with the Act and other applicable law. On behalf
of the Secretary, NMFS reviews proposed regulations for consistency
with the fishery management plan, plan amendment, the Magnuson-Stevens
Fisheries Conservation and Management Act (Magnuson-Stevens Act) and
other applicable law, and publishes the proposed regulations, solicits
public comment, and promulgates the final regulations. Based on
information provided in the EA, supplemental EA, and considered during
the preparation of this action, and after consideration of comments,
NMFS (we) have approved all of the measures in Framework 65 recommended
by the Council, as described below. The measures implemented in this
final rule:
<bullet> Revise the rebuilding plan for Gulf of Maine (GOM) cod;
<bullet> Set shared U.S./Canada quotas for Georges Bank (GB)
yellowtail flounder and eastern GB cod and haddock for fishing years
2023 and 2024;
<bullet> Set specifications, including catch limits for 16
groundfish stocks: GB haddock, GOM haddock, Southern New England/Mid-
Atlantic (SNE/MA) yellowtail flounder, Cape Cod (CC)/GOM yellowtail
flounder, American plaice, witch flounder, GB winter flounder, GOM
winter flounder, SNE/
[[Page 56528]]
MA winter flounder, pollock, ocean pout, Atlantic halibut, and Atlantic
wolffish for fishing years 2023-2025; GB cod and GB yellowtail flounder
for fishing years 2023-2024; and white hake for fishing year 2023;
<bullet> Remove the management uncertainty buffer for sectors for
GOM haddock and white hake, if the at-sea monitoring (ASM) target
coverage level is set at 90 percent or greater, for the 2023 fishing
year only; and
<bullet> Make a temporary modification to the accountability
measures (AM) for GB cod.
This action also makes regulatory corrections that are not part of
Framework 65, but that are implemented under section 305(d) authority
in the Magnuson-Stevens Act to make changes necessary to carry out the
FMP. We are making these corrections in conjunction with the Framework
65 measures for expediency purposes. These corrections are described in
Regulatory Corrections under Secretarial Authority. This action also
takes emergency action under section 305(c) authority to implement a
revised acceptable biological catch (ABC) for GOM haddock. The
emergency action is described in Catch Limits for Fishing Years 2023-
2025 and is supported by information provided and considered in the
Supplemental EA.
Rebuilding Plan for Gulf of Maine Cod
Framework 65 revises the rebuilding plan for GOM cod, which we more
fully described in the proposed rule, and is also described in the
Framework 65 EA (see ADDRESSES for information on how to obtain this
document). The approved rebuilding plan for GOM cod sets the fishing
mortality rate (F) that is required to rebuild the stock
(F<INF>rebuild</INF>) at 60 percent of the fishing mortality rate
associated with maximum sustainable yield (F<INF>MSY</INF>) with a 70-
percent probability of achieving the biomass associated with maximum
sustainable yield (B<INF>MSY</INF>) under the M=0.2 model. As explained
in more detail in the EA, the approved rebuilding plan accounts for GOM
cod's stock status, the needs of fishing communities, and the
multispecies nature of the commercial and recreational fishery.
As part of the revised rebuilding plan for GOM cod, we are removing
regulations at 50 CFR 648.90(a)(2)(iv), which include a review process
for the rebuilding plans for GOM cod and American plaice. The revised
rebuilding plan for GOM cod does not contain this Council review
process but is still subject to Secretarial review for determining
adequate rebuilding progress. As of 2019, American plaice is rebuilt
and no longer in a rebuilding plan, making this regulation unnecessary.
Fishing Years 2023 and 2024 Shared U.S./Canada Quotas
Management of Transboundary Georges Bank Stocks
As described in the proposed rule, eastern GB cod, eastern GB
haddock, and GB yellowtail flounder are jointly managed with Canada
under the United States/Canada Resource Sharing Understanding. This
action implements shared U.S./Canada quotas for eastern GB cod and GB
yellowtail flounder for fishing year 2023, based on updated assessments
and the recommendations of the Transboundary Management Guidance
Committee (TMGC) and consistent with the Council's Scientific and
Statistical Committee (SSC) recommendations. Additionally, it
implements the U.S. quota for eastern GB haddock as selected by the
Council, following the lack of consensus by the TMGC.
Framework 65 sets the same shared quotas for a second year (i.e.,
for fishing year 2024) as placeholders, with the expectation that those
quotas will be reviewed annually and new recommendations will be
received from the TMGC. The 2023 and 2024 shared U.S./Canada quotas,
and each country's allocation, are listed in Table 1.
Table 1--2023 and 2024 Fishing Years U.S./Canada Quotas (mt, Live Weight) and Percent of Quota Allocated to Each
Country
----------------------------------------------------------------------------------------------------------------
Quota Eastern GB cod Eastern GB haddock GB yellowtail flounder
----------------------------------------------------------------------------------------------------------------
Total Shared Quota................... 520.................... No agreement........... 200.
U.S. Quota........................... 135 (26 percent)....... 1,520.................. (106 53 percent).
Canadian Quota....................... 385 (74 percent)....... 2,320 (estimate)....... 94 (47 percent).
----------------------------------------------------------------------------------------------------------------
The regulations implementing the U.S./Canada Resource Sharing
Understanding require deducting any overages of the U.S. quota for
eastern GB cod, eastern GB haddock, or GB yellowtail flounder from the
U.S. quota in the following fishing year. Based on preliminary data
through June 5, 2023, the U.S. fishery did not exceed its 2022 fishing
year quota for any of the shared stocks. However, if catch information
for the 2022 fishing year indicates that the U.S. fishery exceeded its
quota for any of the shared stocks, we will reduce the respective U.S.
quotas for the 2023 fishing year in a future management action, as soon
as possible in the 2023 fishing year. If any fishery that is allocated
a portion of the U.S. quota exceeds its allocation and causes an
overage of the overall U.S. quota, the overage reduction would be
applied only to that fishery's allocation in the following fishing
year. This ensures that catch by one component of the overall fishery
does not negatively affect another component of the overall fishery.
Catch Limits for Fishing Years 2023-2025
Summary of the Catch Limits
This rule adopts catch limits for 13 stocks for the 2023-2025
fishing years and for white hake for the 2023 fishing year, based on
stock assessments completed in 2022, and catch limits for GB cod and GB
yellowtail flounder for fishing years 2023-2024. Framework 61 (86 FR
40353, July 28, 2021) previously set 2023 quotas for redfish, northern
windowpane flounder, and southern windowpane flounder based on
assessments conducted in 2020, and those remain in place. Framework 63
(87 FR 42375, July 15, 2022) previously set the 2023-2024 quota for GOM
cod, based on an assessment conducted in 2021, and that also remains in
place. The catch limits implemented in this action, including
overfishing limits (OFL), ABC, and annual catch limits (ACL), are
listed in Tables 2 through 10. As part of the catch limits set by
Framework 65, this action sets the GB cod recreational catch target to
113 mt. It also removes the management uncertainty buffer for the
sector sub-ACL for GOM haddock and white hake for the 2023 fishing year
only.
Emergency Rule To Set Fishing Year 2023 GOM Haddock Catch Limits
The Council's SSC based its recommendation for the GOM haddock ABC
on the results of the 2022
[[Page 56529]]
management track assessment for the stock and a 75 percent
F<INF>MSY</INF>, which is consistent with the Council's ABC control
rule for stocks that are not in a rebuilding plan, and the Council
supported the adoption of this ABC in Framework 65. However, in the
time since the Council took final action in December 2022, there have
been increasing concerns about the significant decrease to the ABC
compared to fishing year 2022 and the potential economic impacts of
reaching the extremely reduced catch limit earlier than the end of the
fishing year.
At its April Council meeting, after receiving public statements of
growing GOM haddock interactions and concerns about potentially
reaching catch limits early in the next fishing year, the Council voted
to request that NMFS implement an emergency action to set the GOM
haddock ABC for the fishing year 2023 at 90 percent of F<INF>MSY</INF>,
or 2,281 mt, rather than the ABC that was recommended in Framework 65
(1,936 mt, based on 75 percent F<INF>MSY</INF>). On May 2, 2023, the
Council sent NMFS a letter requesting the emergency action. The Council
stated in its request that the extent of the potential impact of the
extremely low quota for GOM haddock resulting in a potentially early
closure of the fishery in the Gulf of Maine was not well-defined when
the Council took final action on Framework 65 in December 2022. The
Council further explained that it seeks to balance the risk of
increasing the probability of overfishing, while still preventing
overfishing, against the risk of a major fishery closure that could
result in serious market and community losses.
A large 2020 year-class was documented in the 2022 management track
assessment, but the unanticipated high level of fishery interactions
with this year-class was not apparent until after the Council completed
its work on Framework 65 in December 2022. The ratio of discards to
total catch in the spring of 2023 reveals an increasing trend, out of
proportion with what has been seen in recent fishing years. This new
situation presents unforeseen and serious management problems in the
fishery that could not have been addressed by the Council in a timely
manner. In the situation where the commercial fishery reaches its quota
early in the fishing year, the Gulf of Maine would be closed to
groundfish fishing through the end of the fishing year (April 30,
2024), resulting in serious economic impacts. Catch in the 2023 fishing
year has been unusually low at the beginning of this fishing year. We
expect this may be due to seasonal fishing patterns along with concerns
about the substantially lower catch limits. Uncertainty from the catch
projections and attempting to avoid an early shutdown of the fishery
and its serious consequences may be overly suppressing fishing effort.
We anticipate catch rates will increase as the season progresses,
potentially doubling or more by the fall, based on data from past
fishing years. Past seasonal trends in the fishery demonstrate a
significant potential for early closure under the severely reduced
quota. Alternatively, if the fishery takes measures to overly constrain
its overall catch to remain under the GOM haddock quotas for the entire
fishing year, it may result in undue forgone economic opportunities,
both for catching haddock and other fish stocks. Completion of a
fishery management plan framework or amendment and notice and comment
rulemaking would take substantially more time than an emergency action,
delaying timely implementation of the revised ABC. Concern for impacts
to the GOM haddock stock is low given that the total stock biomass is
more than 270 percent of the target biomass at MSY. Therefore, we have
determined that this situation meets the criteria specified by NMFS for
emergency rulemaking (62 FR 44421; August 21, 1997).
Based on our analysis, we have determined that we can set the ABC
as high as 100 percent of F<INF>MSY</INF> (2,515 mt) based on the
condition of the GOM haddock stock, which is estimated to be at 270
percent of its target biomass, while still preventing overfishing.
While this represents a 30-percent increase from the ABC included in
Framework 65, it still would represent a substantial reduction (78-
percent) from the fishing year 2022 ABC. Setting the ABC at 100 percent
of F<INF>MSY</INF> (2,515 mt) meets the requirement to have at least a
50-percent probability of preventing overfishing in the 2023 fishing
year. By implementing a higher catch limit, we intend to increase the
flexibility for the fishery to be able to adjust to the large decrease
in the quota compared to the previous fishing year by taking advantage
of seasonal variations, avoidance of Gulf of Maine haddock and greater
ability to pursue other stocks, and better long-term planning than if
this rule was delayed. The greater flexibility and ability to adjust is
expected to help avoid or mitigate the potentially harsh economic
impacts that would occur from an early fishery closure in the Gulf of
Maine that are more likely under the proposed ABC. We anticipate that
the fishery will still need to adjust its fishing behavior to remain
within the catch limits implemented in this emergency action, but
expect the additional catch will provide greater operational
flexibility.
This final rule technically approves the ABC that was proposed in
Framework 65, and it replaces the 1,936-mt GOM haddock ABC in Framework
65 with an ABC of 2,515 mt for 180 days through the emergency authority
provided at section 305(c) of the Magnuson-Stevens Act. The ABC is
further divided among the various components of the fishery based on
the ACL distribution adopted by the Council in Framework 65. The total
ACL and the sub-ACLs for each component of the fishery that are
implemented through this emergency rule are presented in Table 3. The
common pool fishery's sub-ACL for GOM haddock is further divided into
trimester total allowable catches (TACs), which are presented in Table
6. The sector sub-ACL for GOM haddock is further divided into annual
catch entitlements (ACE), which are presented in Tables 12 and 13.
Actions taken under Secretarial emergency authority are in effect
for 180 days. The Secretary has the authority to extend emergency
action for up to an additional 186 days, which would be considered in a
separate rulemaking. If the emergency action is not extended, the ABC
would revert to the amount originally recommended by the Council in
Framework 65 and approved in this final rule.
Table 2--Fishing Years 2023-2025 Overfishing Limits and Acceptable Biological Catches
[Mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023 2024 2025
Stock -------------------------------- Percent change ---------------------------------------------------------------
OFL U.S. ABC from 2022 OFL U.S. ABC OFL U.S. ABC
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod.................................. UNK 519 51 UNK 519 .............. ..............
GOM Cod................................. 853 551 0 980 551 .............. ..............
GB Haddock.............................. 18,482 11,901 -85 17,768 11,638 15,096 9,962
GOM Haddock Emergency Action............ 2,515 2,515 -78 .............. .............. .............. ..............
[[Page 56530]]
GOM Haddock Proposed in Framework 65.... 2,515 1,936 -83 2,655 2,038 2,627 2,017
GB Yellowtail Flounder.................. UNK 106 -13 UNK 106 .............. ..............
SNE/MA Yellowtail Flounder.............. 55 40 82 89 40 345 40
CC/GOM Yellowtail Flounder.............. 1,436 1,115 35 1,279 992 1,184 915
American Plaice......................... 7,316 5,699 102 7,091 5,520 6,763 5,270
Witch Flounder.......................... UNK 1,256 -15 UNK 1,256 UNK 1,256
GB Winter Flounder...................... 2,361 1,702 180 2,153 1,549 2,100 1,490
GOM Winter Flounder..................... 1,072 804 62 1,072 804 1,072 804
SNE/MA Winter Flounder.................. 1,186 627 38 1,425 627 1,536 627
Redfish................................. 13,229 9,967 -1 .............. .............. .............. ..............
White Hake.............................. 2,650 1,845 -13 .............. .............. .............. ..............
Pollock................................. 19,617 15,016 -11 18,208 13,940 17,384 13,294
N Windowpane Flounder................... UNK 160 0 .............. .............. .............. ..............
S Windowpane Flounder................... 513 384 0 .............. .............. .............. ..............
Ocean Pout.............................. 125 87 0 125 87 125 87
Atlantic Halibut........................ UNK 86 -15 UNK 86 UNK 86
Atlantic Wolffish....................... 124 93 1 124 93 124 93
--------------------------------------------------------------------------------------------------------------------------------------------------------
UNK = Unknown.
Note: An empty cell indicates no OFL/ABC is adopted for that year. These catch limits would be set in a future action.
[[Page 56531]]
Table 3--Catch Limits for the 2023 Fishing Year
[Mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Midwater State
Stock Total ACL Groundfish Sector sub- Common pool Recreational trawl Scallop Small-mesh waters sub- Other sub-
sub-ACL ACL sub-ACL sub-ACL fishery fishery fisheries component component
A to H A + B + C A B C D E F G H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod..................................................... 500 375 364 11 .............. ........... ........... ........... 42 83
GOM Cod.................................................... 522 470 268 11 192 ........... ........... ........... 48 3.4
GB Haddock................................................. 11,301 11,080 10,829 251 .............. 221 ........... ........... 0 0
GOM Haddock Emergency Action............................... 2,452 2,362 1,537 32 793 23 ........... ........... 58 8.3
GOM Haddock Proposed in Framework 65....................... 1,888 1,818 1,183 25 610 18 ........... ........... 45 6.4
GB Yellowtail Flounder..................................... 103 84 80 4.5 .............. ........... 16.5 2.0 0.0 0.0
SNE/MA Yellowtail Flounder................................. 38 33 25 8.1 .............. ........... 2.7 ........... 0.2 2.0
CC/GOM Yellowtail Flounder................................. 1,063 985 931 54 .............. ........... ........... ........... 34 45
American Plaice............................................ 5,417 5,360 5,210 150 .............. ........... ........... ........... 29 29
Witch Flounder............................................. 1,196 1,145 1,104 41 .............. ........... ........... ........... 19 31
GB Winter Flounder......................................... 1,651 1,634 1,585 50 .............. ........... ........... ........... 0 17
GOM Winter Flounder........................................ 772 607 519 88 .............. ........... ........... ........... 153 12.1
SNE/MA Winter Flounder..................................... 604 441 387 53 .............. ........... ........... ........... 19 144
Redfish.................................................... 9,469 9,469 9,369 99 .............. ........... ........... ........... 0 0
White Hake................................................. 1,844 1,826 1,808 18 .............. ........... ........... ........... 0 19
Pollock.................................................... 14,325 13,124 13,001 123 .............. ........... ........... ........... 676 526
N Windowpane Flounder...................................... 150 105 na 105 .............. ........... 31 ........... 0.8 13
S Windowpane Flounder...................................... 371 45 na 45 .............. ........... 129 ........... 13 184
Ocean Pout................................................. 83 49 na 49 .............. ........... ........... ........... 0 34
Atlantic Halibut........................................... 83 64 na 64 .............. ........... ........... ........... 17 1.3
Atlantic Wolffish.......................................... 87 87 na 87 .............. ........... ........... ........... 0 0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: not allocated to sectors.
Table 4--Catch Limits for the 2024 Fishing Year *
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Midwater State
Stock Total ACL Groundfish Sector sub-ACL Common pool sub-ACL Recreational trawl Scallop fishery Small-mesh waters sub- Other sub-
sub-ACL sub-ACL fishery fisheries component component
A to H A + B + C A B C D E F G H
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod......................................................... 500 375 364 11 .............. ........... .................... ........... 42 83
GOM Cod........................................................ 522 470 268 11 192 ........... .................... ........... 48 3
GB Haddock..................................................... 11,052 10,835 10,590 245 .............. 217 .................... ........... 0 0
GOM Haddock.................................................... 1,925 1,852 1,183 26 643 19 .................... ........... 47 7
GB Yellowtail Flounder......................................... 103 84 80 4.5 .............. ........... 17 2.0 0 0
SNE/MA Yellowtail Flounder..................................... 38 33 25 8.1 .............. ........... 2.7 ........... 0.2 2.0
CC/GOM Yellowtail Flounder..................................... 946 877 828 48 .............. ........... .................... ........... 30 40
American Plaice................................................ 5,247 5,192 5,046 145 .............. ........... .................... ........... 28 28
Witch Flounder................................................. 1,196 1,145 1,104 41 .............. ........... .................... ........... 19 31
GB Winter Flounder............................................. 1,503 1,488 1,442 45 .............. ........... .................... ........... 0 16
GOM Winter Flounder............................................ 772 607 519 88 .............. ........... .................... ........... 153 12.1
SNE/MA Winter Flounder......................................... 604 441 387 53 .............. ........... .................... ........... 19 144
Pollock........................................................ 13,299 12,184 12,070 114 .............. ........... .................... ........... 627 488
Ocean Pout..................................................... 83 49 na 49 .............. ........... .................... ........... 0 34
Atlantic Halibut............................................... 83 64 na 64 .............. ........... .................... ........... 17 1.3
Atlantic Wolffish.............................................. 87 87 na 87 .............. ........... .................... ........... 0 0
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: not allocated to sectors.
* Northeast multispecies stocks not included in Table 5 do not have catch limits approved for fishing year 2025.
[[Page 56532]]
Table 5--Catch Limits for the 2024 Fishing Year*
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Midwater State
Stock Total ACL Groundfish Sector sub-ACL Common pool sub-ACL Recreational trawl Scallop fishery Small-mesh waters sub- Other sub-
sub-ACL sub-ACL fishery fisheries component component
A to H A + B + C A B C D E F G H
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Haddock..................................................... 9,460 9,275 9,065 210 .............. 185 .................... ........... 0 0
GOM Haddock.................................................... 1,905 1,833 1,171 26 636 19 .................... ........... 47 7
SNE/MA Yellowtail Flounder..................................... 38 33 25 8 .............. ........... 3 ........... 0 2
CC/GOM Yellowtail Flounder..................................... 873 808 764 45 .............. ........... .................... ........... 28 37
American Plaice................................................ 5,009 4,957 4,818 139 .............. ........... .................... ........... 26 26
Witch Flounder................................................. 1,196 1,145 1,104 41 .............. ........... .................... ........... 19 31
GB Winter Flounder............................................. 1,446 1,431 1,387 44 .............. ........... .................... ........... 0 15
GOM Winter Flounder............................................ 772 607 519 88 .............. ........... .................... ........... 153 12.1
SNE/MA Winter Flounder......................................... 604 441 387 53 .............. ........... .................... ........... 19 144
Pollock........................................................ 12,683 11,619 11,510 109 .............. ........... .................... ........... 598 465
Ocean Pout..................................................... 83 49 na 49 .............. ........... .................... ........... 0 34
Atlantic Halibut............................................... 83 64 na 64 .............. ........... .................... ........... 17 1.3
Atlantic Wolffish.............................................. 87 87 na 87 .............. ........... .................... ........... 0 0
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: not allocated to sectors.
* Northeast multispecies stocks not included in Table 6 do not have catch limits approved for fishing year 2025.
[[Page 56533]]
Table 6--Fishing Years 2023-2025 Common Pool Trimester TACs
[Mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2023 2024 2025
Stock -----------------------------------------------------------------------------------------------------------------------------
Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod............................................................ 3.0 3.6 4.1 3.0 3.6 4.1 ............ ............ ............
GOM Cod........................................................... 5.2 3.5 1.9 5.2 3.5 1.9 ............ ............ ............
GB Haddock........................................................ 67.6 82.7 100.2 66.1 80.8 98.0 56.6 69.2 83.9
GOM Haddock Emergency Action...................................... 8.6 8.3 15.0 ............ ............ ............ ............ ............ ............
GOM Haddock Proposed in Framework 65.............................. 6.6 6.4 11.6 7.0 6.7 12.2 6.9 6.7 12.1
GB Yellowtail Flounder............................................ 0.9 1.4 2.3 0.9 1.4 2.3 ............ ............ ............
SNE/MA Yellowtail Flounder........................................ 1.7 2.3 4.1 1.7 2.3 4.1 1.7 2.3 4.1
CC/GOM Yellowtail Flounder........................................ 31.0 14.1 9.2 27.6 12.6 8.2 25.5 11.6 7.6
American Plaice................................................... 111.0 12.0 27.0 107.5 11.6 26.2 102.6 11.1 25.0
Witch Flounder.................................................... 22.6 8.2 10.3 22.6 8.2 10.3 22.6 8.2 10.3
GB Winter Flounder................................................ 4.0 12.0 33.9 3.6 10.9 30.8 3.5 10.5 29.6
GOM Winter Flounder............................................... 32.7 33.6 22.1 32.7 33.6 22.1 32.7 33.6 22.1
Redfish........................................................... 24.8 30.8 43.7 ............ ............ ............ ............ ............ ............
White Hake........................................................ 6.7 5.5 5.5 ............ ............ ............ ............ ............ ............
Pollock........................................................... 34.4 42.9 45.4 31.9 39.9 42.1 30.4 38.0 40.2
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Table 7--Common Pool Incidental Catch TACs for the 2023-2025 Fishing Years
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
Percentage of
Stock common pool sub- 2023 2024 2025
ACL
----------------------------------------------------------------------------------------------------------------
GB Cod....................................... 1.68 0.18 0.18 ..............
GOM Cod...................................... 1 0.11 0.11 ..............
GB Yellowtail Flounder....................... 2 0.09 0.09 ..............
CC/GOM Yellowtail Flounder................... 1 0.54 0.48 0.45
American Plaice.............................. 5 7.50 7.27 6.94
Witch Flounder............................... 5 2.06 2.06 2.06
SNE/MA Winter Flounder....................... 1 0.53 0.53 0.53
----------------------------------------------------------------------------------------------------------------
Table 8--Percentage of Incidental Catch TACs Distributed to Each Special
Management Program
------------------------------------------------------------------------
Eastern U.S./CA
Stock Regular B DAS haddock SAP
program (percent) (percent)
------------------------------------------------------------------------
GB cod............................ 60 40
GOM Cod........................... 100 n/a
GB Yellowtail Flounder............ 50 50
CC/GOM Yellowtail Flounder........ 100 n/a
American Plaice................... 100 n/a
Witch Flounder.................... 100 n/a
SNE/MA Winter Flounder............ 100 n/a
------------------------------------------------------------------------
Table 9--Fishing Years 2023-2025 Incidental Catch TACs for Each Special Management Program
[Mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regular B DAS program Eastern U.S./Canada haddock SAP
Stock -----------------------------------------------------------------------------------------------
2023 2024 2025 2023 2024 2025
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod.................................................. 0.11 0.11 .............. 0.07 0.07 ..............
GOM Cod................................................. 0.11 0.11 .............. n/a n/a n/a
GB Yellowtail Flounder.................................. 0.05 0.05 .............. 0.05 0.05 ..............
CC/GOM Yellowtail Flounder.............................. 0.54 0.48 0.45 n/a n/a n/a
American Plaice......................................... 7.50 7.27 6.94 n/a n/a n/a
Witch Flounder.......................................... 2.06 2.06 2.06 n/a n/a n/a
SNE/MA Winter Flounder.................................. 0.53 0.53 0.53 n/a n/a n/a
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 56534]]
Table 10--Fishing Years 2023-2025 Regular B DAS Program Quarterly Incidental Catch TACs
[Mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023 2024 2025
-----------------------------------------------------------------------------------------------------------------------
1st 2nd 3rd 4th 1st 2nd 3rd 4th 1st 2nd 3rd 4th
Stock quarter quarter quarter quarter quarter quarter quarter quarter quarter quarter quarter quarter
(13 (29 (29 (29 (13 (29 (29 (29 (13 (29 (29 (29
percent) percent) percent) percent) percent) percent) percent) percent) percent) percent) percent) percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod.......................... 0.01 0.03 0.03 0.03 0.01 0.03 0.03 0.03 ........ ........ ........ ........
GOM Cod......................... 0.01 0.03 0.03 0.03 0.01 0.03 0.03 0.03 ........ ........ ........ ........
GB Yellowtail Flounder.......... 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 ........ ........ ........ ........
CC/GOM Yellowtail Flounder...... 0.07 0.16 0.16 0.16 0.06 0.14 0.14 0.14 0.06 0.13 0.13 0.13
American Plaice................. 0.98 2.18 2.18 2.18 0.94 2.11 2.11 2.11 0.90 2.01 2.01 2.01
Witch Flounder.................. 0.27 0.60 0.60 0.60 0.27 0.60 0.60 0.60 0.27 0.60 0.60 0.60
SNE/MA Winter Flounder.......... 0.07 0.15 0.15 0.15 0.07 0.15 0.15 0.15 0.07 0.15 0.15 0.15
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sector ACE
At the start of the 2023 fishing year, we allocated stocks to each
sector, based on the catch limits set by prior frameworks. This rule
updates the ACE allocated to sectors based on the catch limits approved
in Framework 65, fishing year 2023 potential sector contributions
(PSC), and final fishing year 2023 sector rosters. We calculate a
sector's allocation for each stock by summing its members' PSC for the
stock and then multiplying that total percentage by the commercial sub-
ACL for that stock. The process for allocating ACE to sectors is
further described in the final rule allocating ACE to sectors for
fishing year 2023 (88 FR 26502; May 1, 2023) and is not repeated here.
Table 11 shows the cumulative PSC by stock for each sector for fishing
year 2023. Tables 12 and 13 show the ACEs allocated to each sector for
fishing year 2023, in pounds and metric tons, respectively. We have
included the common pool sub-ACLs in tables 11 through 13 for
comparison.
BILLING CODE 3510-22-P
[[Page 56535]]
[GRAPHIC] [TIFF OMITTED] TR18AU23.001
[[Page 56536]]
[GRAPHIC] [TIFF OMITTED] TR18AU23.002
[[Page 56537]]
[GRAPHIC] [TIFF OMITTED] TR18AU23.003
BILLING CODE 3510-22-C
[[Page 56538]]
Common Pool Measures
The FMP provides authority for the Regional Administrator to modify
common pool fishery trip limits on an annual basis, or as needed, in
order to prevent exceeding the common pool sub-ACLs and facilitate
harvest so total catch approaches the common pool sub-ACLs. These
measures are not part of Framework 65. They were not specifically
proposed by the Council, but are implemented in conjunction with
Framework 65 for expediency purposes and because they are closely
related to the specifications adopted in Framework 65. Common pool
participants are accustomed to such changes in connection with changes
in overall catch limits. The Regional Administrator can modify these
measures during the fishing year if current information indicates
further changes are necessary. Any in-season adjustments to these
measures will be implemented through an in-season action consistent
with the Administrative Procedure Act.
In connection with catch limit changes implemented with Framework
65, we are adjusting the common pool trip limits for SNE/MA yellowtail
flounder, CC/GOM yellowtail flounder, American plaice, GB winter
flounder, and GOM winter flounder. Increasing these trip limits will
provide the common pool with the opportunity to harvest the increased
common pool sub-ACLs for these stocks as implemented by Framework 65.
We are decreasing the trip limits for GOM cod and white hake in
response to fishing history in fishing year 2022 and the addition of
new active vessels from the sector program to the common pool fishery.
These trip limit reductions will avoid early closures for the common
pool fishery and help prevent overages. Table 14 provides the fishing
year 2023 trip limits; stocks in bold are changing from previously
implemented trip limits.
Table 14--Common Pool Trip Limits for Fishing Year 2023
------------------------------------------------------------------------
Stock 2023 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................................ 150 lb (68.0 kg) per DAS, up to
300 lb (136.1 kg) per trip.
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.
SNE/MA Yellowtail Flounder............. 200 lb (90.7 kg) per DAS, up to
400 lb (181.4 kg) per trip.
CC/GOM Yellowtail Flounder............. 1,500 lb (680.4 kg) per DAS, up
to 3,000 lb (1,360.8 kg) per
trip.
American plaice........................ 3,000 lb (1,360.8 kg) per DAS,
up to 6,000 lb (2,721.6 kg)
per trip.
Witch Flounder......................... 1,500 lb (680.4 kg) per trip.
GB Winter Flounder..................... 500 lb (226.8 kg) per trip.
GOM Winter Flounder.................... 2,000 lb (907.2 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............................. 750 lb (340.2 kg) per trip.
Pollock................................ Unlimited.
Atlantic Halibut....................... 1 fish per trip.
Windowpane Flounder.................... Possession Prohibited.
Ocean Pout
Atlantic Wolffish
------------------------------------------------------------------------
DAS = day-at-sea; stocks in bold are changing from previously set
possession limits.
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.
Temporary Modification to Accountability Measures for GB Cod
As more fully described in the proposed rule, Framework 65
temporarily modifies the AMs for GB cod when an ACL overage that occurs
in fishing years 2022-2024 is (in part or entirely) due to vessels
fishing in state waters or other, non-specified fisheries. If, in the
year following the overage (Year 2), the ACL is not achieved or
exceeded by any amount, the ACL underage would be proportionately
applied to each component's share of the overage from Year 1. While the
preliminary AM (i.e., payback) would be implemented at the beginning of
Year 3, any reduction to the overage (due to the underage in Year 2)
would be made through an in-season adjustment as soon as possible in
Year 3.
Regulatory Corrections Under Secretarial Authority
This rule corrects an error in the northeast regulations for
monitoring service providers. We are making this correction consistent
with section 305(d) of the Magnuson-Stevens Act, which provides that
the Secretary of Commerce may promulgate regulations necessary to
ensure that amendments to an FMP are carried out in accordance with the
FMP and the Magnuson-Stevens Act. This change is necessary to correct
the regulations detailing insurance requirements for monitoring
companies to reference the national requirements.
On September 8, 2022, NMFS published a final rule (87 FR 54902)
that implemented national insurance requirements for observer providers
at 50 CFR 600.748 and revised the northeast regional monitoring program
regulations at Sec. 648.11(h)(3)(vii) to reference the newly
established national insurance requirements. The final rule
implementing Amendment 23 to the Northeast Multispecies FMP (87 FR
75852, December 9, 2022) inadvertently overwrote the northeast regional
monitoring program regulations that referred to the national insurance
requirements. This rule corrects the regulations at Sec.
648.11(h)(3)(vii)(A) to reference the national insurance requirements.
This correction is necessary to eliminate confusion and ensure the
northeast monitoring program is consistent with the national insurance
requirements.
Framework 65 also makes minor changes in the regulations. It
removes regulatory text that is specific to previous fishing years.
Specifically, this
[[Page 56539]]
action removes a sentence in 50 CFR 648.90(a)(4)(iii)(H)(2) that is
specific to the allocation of certain stocks for fishing years 2010 and
2011, and removes the paragraphs at Sec. 648.90(a)(5)(iv)(B) through
(D) that are specific to temporary (up through fishing year 2020)
modifications to the triggers for the Atlantic sea scallop fishery's
AMs for certain flatfish stocks. It corrects sections of the
regulations (Sec. Sec. 648.87(b)(1)(i)(A) and 648.90(a)(4)(iii)(F))
that refer to the northern and southern windowpane flounder as GOM/GB
and SNE/MA windowpane flounder, respectively, which is inconsistent
with other sections of the regulations. It removes a section of text
that describes the Fippennies Ledge Area that was moved to a different
section of the regulations, but not deleted from Sec.
648.87(c)(2)(i)(A). It corrects several citations in Sec. Sec.
648.87(c)(2)(i) and 648.86(c) to paragraphs within Sec.
648.90(a)(5)(i) that were redesignated in a previous action, but the
citations were not updated.
Comments and Responses on Measures Proposed in the Framework 65
Proposed Rule
We received comments on the Framework 65 proposed rule from
Conservation Law Foundation (CLF), New England Fishermen Stewardship
Association (NEFSA), and Northeast Seafood Coalition (NSC).
Gulf of Maine Cod Rebuilding Plan
Comment 1: CLF wrote in support of the proposed GOM cod rebuilding
plan, stating that while it supported an even more conservative
alternative during the development of FW65, the current rebuilding plan
has a higher probability of success than prior plans, and will allow
the stock a better chance at recovery. CLF added that it is unfortunate
that the research track assessment was not completed in time to inform
the rebuilding plan.
Response 1: For the reasons discussed in the proposed rule, we are
approving the GOM cod rebuilding plan as proposed. When NMFS informed
the Council of the need to revise the GOM cod rebuilding plan, we
understood that it would likely need to be completed before the
finalization of the research track assessment; however, the requirement
to notify the Council of our determination and the resulting timeline
for the Council to revise the plan were dictated by the Magnuson-
Stevens Act.
Comment 2: The NEFSA urged NMFS to reject Framework 65. It states
that the revised rebuilding plan for GOM cod will ``dramatically
curtail access to the cod fishery.'' NEFSA states that this is not
necessary to prevent overfishing, and that they have seen no evidence
of significant population declines in this species.
Response 2: We disagree. The revised rebuilding plan for GOM cod
follows 20 years of rebuilding plans that have failed to rebuild this
stock based on the best scientific information available. Despite
efforts from the Council and NMFS to set quotas that prevent
overfishing, the 2021 management track assessment indicates that GOM
cod has been experiencing overfishing for decades. The quotas currently
in place for GOM cod, set by Framework 63, are expected to prevent
overfishing, but it is also necessary to rebuild the stock, as required
by the Magnuson-Stevens Act. The revised rebuilding plan implemented by
Framework 65 has a 70-percent probability of achieving the biomass
target in 10 years, which is the maximum amount of time allowed under
the Magnuson-Stevens Act.
NEFSA did not provide additional scientific information to counter
the analysis provided in the EA, and for the reasons stated here and in
the proposed rule, we are approving the GOM cod rebuilding plan as
proposed in Framework 65.
Comment 3: NSC commented that the revised rebuilding plan for GOM
cod is conservative. It states that, in light of the ongoing Atlantic
cod research track and subsequent management track assessment that may
modify stock boundaries, NSC is hopeful that modifications to the
rebuilding plan will be possible.
Response 3: Given the past two decades of failure to rebuild GOM
cod, we support the Council's approach that a more conservative
rebuilding plan is prudent, and are therefore approving the proposed
rebuilding plan that uses an F<INF>rebuild</INF> of 60 percent of
F<INF>MSY</INF>. We agree with NSC that, if the stock structure for
Atlantic cod changes, it will likely be prudent to re-examine the
rebuilding plans to ensure they are appropriate for any new or revised
cod stocks.
Catch Limits
Comment 4: CLF wrote in support of the proposed SNE/MA winter
flounder catch limits, but expressed concern that there will be more
situations where an adjustment of biological reference points leads to
the increase in exploitation rates on stocks in poor condition.
Response 4: We agree that the proposed SNE/MA winter flounder catch
limits are appropriate. We are approving the SNE/MA winter flounder
catch limits as proposed. We intend to continue to work with the
Council and Northeast Fisheries Science Center on how to manage
fisheries for stocks in similar situations as SNE/MA winter flounder.
Comment 5: CLF expressed concern regarding the proposed 2023-2024
GB cod ABC of 904 mt. While acknowledging the potential economic
impacts of maintaining the lower, 754-mt, ABC that was in place in
fishing year 2022, CLF raised the concern that this higher amount will
not promote rebuilding. CLF also argued that the Council's updated
analysis, which re-ran the iSmooth method to include fall 2021 and
spring 2022 survey data, bypassed the Northeast Region Coordinating
Council (NRCC) process for stock assessments, including the peer review
and SSC consideration.
Response 5: We disagree that the Council's updated analysis
bypasses the NRCC process for stock assessments. The output of the
Council's updated analysis was not used to set a new ABC that had not
been reviewed or recommended by the SSC. Instead, it was used as an
additional piece of evidence that the amount recommended by the SSC
would contribute to stock rebuilding, with a low probability of
overfishing. We are concerned about rebuilding the GB cod stock. We
consider it important to reduce the potential economic impacts of
maintaining a lower ABC, in the situation where updated analysis
indicates that the catch limit can be increased without jeopardizing
rebuilding. We share CLF's hope that the ongoing research track
assessment will provide a more accurate stock structure and an accepted
analytical model on which we can base biological reference points. We
are approving the 2023-2024 GB cod ABC as proposed.
Comment 6: NSC commented in support of the proposed 2023-2024 GB
cod ABC of 904 mt. It also indicated support for the 2023 ABC for white
hake, but expressed concern that the quota would be constraining for
the fishery.
Response 6: We agree and are approving the proposed 2023-2024 ABC
for GB cod. We are approving the white hake ABC as proposed, for 2023
only. The Council will need to set white hake ABCs for additional years
in a different action. While NSC is correct that white hake is no
longer overfished, it remains in a rebuilding plan until it is
determined to be rebuilt.
Comment 7: NSC stated that it cannot support the 2023-2025 GOM
haddock ABCs, citing the drastic reduction to the quota for a stock
that is not overfished and is estimated to be at 270 percent of its
biomass target. NSC also noted the
[[Page 56540]]
lease price for GOM haddock in fishing year 2023 has gone up
considerably, and exceeds the estimates predicted in the quota change
model.
Response 7: As described in the preamble, while we are approving
the ABCs for fishing years 2023-2025, we are simultaneously
implementing an emergency action to increase the ABC for fishing year
2023 up to 100 percent of F<INF>MSY</INF> that still has a 50-percent
probability of preventing overfishing as required by the Magnuson-
Stevens Act.
Comment 8: NEFSA urged NMFS to reject Framework 65. NEFSA states
that the reductions to GB and GOM haddock and white hake are not
necessary to prevent overfishing, and that it has seen no evidence of
significant population declines in these species.
Response 8: We disagree that we should disapprove Framework 65. In
the case of all 3 stocks referenced by NEFSA, if we were to disapprove
the framework, these stocks would remain at default specifications (75
percent of fishing year 2022 quotas) until October 31, 2023. After
October 31, the default quotas expire, at which point vessels would be
prohibited from fishing in the waters of the Northeast. The haddock and
the white hake ABCs set in Framework 65 are based on the 2022 stock
assessments, which are the best scientific information available. White
hake is rebuilding, but is not rebuilt, and therefore continues to be
subject to its rebuilding plan established in Framework 61 (citation).
Both haddock stocks have decreased significantly compared to the
previous assessments and the specifications in Framework 65 reflect
these declines. Additionally, GOM haddock was experiencing overfishing
in the terminal year of the stock assessment and the Magnuson-Stevens
Act requires ending overfishing immediately. NEFSA did not provide
additional information to counter the analysis provided in the EA, and
for the reasons stated in the proposed rule, we are approving Framework
65.
Comment 9: NSC commented in support of the removal of the
management uncertainty buffer for sectors for GOM haddock and white
hake under the 2023 at-sea monitoring target of 90 percent. CLF
commented that the buffer should not be removed for GOM haddock if the
request for emergency action is granted, stating that this would
represent two departures from usual protocol, both of which carry risk.
Response 9: Based on the rationale provided in the preamble
regarding the emergency action, we have determined that it is
appropriate to approve removal of the management uncertainty buffer
along with implementing the emergency action for GOM haddock. These
actions mitigate the potential adverse economic consequences of these
significant quota reductions compared to the previous fishing year for
a stock that remains at a very healthy level of biomass. The measure
recommended by the Council, and that we are implementing, removes the
management uncertainty buffer for sectors only; the management
uncertainty buffers for the common pool and the recreational fishery
will remain in place for the 2023 fishing year. Further, we expect the
white hake catch limit to also place a constraint on GOM haddock catch.
Accountability Measures for GB Cod
Comment 10: NSC commented in support of the temporary modification
to the GB cod accountability measures.
Response 10: We agree and are approving this measure.
General Comments
Comment 11: NEFSA argues that the Magnuson-Stevens Act violates the
Constitution by providing for appointment of Council members outside
the procedures set forth in the Appointments Clause, U.S. Const., Art.
II, Sec. 2, cl. 2, and that Council Members are therefore not properly
appointed to their positions as officers of the United States. Because
Council members make policy decisions for Federal fisheries management
in their region, NEFSA suggests they are `principal' or at minimum
`inferior' Federal officers, but that because they are improperly
appointed, unsupervised, and immune from removal, they hold office
unlawfully and lack the Federal authority to issue Framework 65. NEFSA
asserts that NMFS must reject Framework 65 because it is ``void'' and
``violates `applicable law.' ''
Response 11: NEFSA misunderstands the function and authority of the
Council, which is neither an ``unaccountable'' or ``illegally
constituted'' body. The Magnuson-Stevens Act establishes the Council
structure so that state officials, fishermen, scientists, and other
stakeholders may provide important expert input on fishery management.
But the Council acts as an advisory body only: authority to issue
Federal regulations to implement fishery management measures that
impact fishermen is vested solely in the Secretary of Commerce. This
final rule implements Framework 65, which NMFS, through delegation of
authority from the Secretary, has approved as consistent with the
Magnuson-Stevens Act and other applicable law. Under Section 304 of the
Magnuson-Stevens Act, NMFS, acting through delegated authority from the
Secretary, retains significant discretion to reject Council
recommendations, including the proposed regulations that the Council
submitted to NMFS to implement Framework 65.
In addition, Federal courts have held that fishery management
councils are not considered Federal agencies for purposes of the
Administrative Procedure Act. Council members are not Federal
``officers'' under the Constitution as suggested by the commenter. They
neither occupy continuing positions nor exercise significant authority.
As simply stated by one court, fishery management councils have ``no
authority to do anything'' because final decision-making power about
the content of fishery management plans and whether to implement them
through regulations rests with the Secretary. Thus, the Council members
are not Federal officers and need not be appointed in a specific way to
be consistent with the U.S. Constitution. The commenter's view that
Council members were acting as Federal officers is inaccurate. Although
Council members assist with important work that helps manage regional
fisheries, only the Secretary has the authority under the Magnuson-
Stevens Act to promulgate the regulations that affect the commenter.
Comment 12: In NSC's comment, it raised general concerns regarding
the impact of fluctuations in stock assessments and the disconnect
between the results of the assessments and what industry sees on the
water. It highlighted that the most recent assessments have increased
uncertainty due to missing survey data and complete survey tows due to
mechanical and covid-related issues, and the decrease in port sampling
in recent years. NSC also highlighted their concerns regarding the
timing of framework actions and the impact of these delays on fishery
operations.
Response 12: We will continue to work with the Council to make the
most appropriate decisions based on the best available scientific
information and maintain a realistic scope of actions so that timelines
can be met.
Changes From the Proposed Rule
We have made three changes to the proposed rule. The proposed rule
included sector and common pool sub-ACLs based on fishing year 2023
PSCs and final fishing year 2023 sector rosters, but did not include
the PSCs and ACEs allocated to each sector. This final rule includes
the PSCs and ACEs
[[Page 56541]]
at the sector level. Second, this final rule adjusts the common pool
trip limits for several stocks.
Third, although NMFS is approving the fishing year 2023 ABC for GOM
haddock that was proposed (1,936 mt), given the situation described
more fully in Emergency Rule to Set Fishing Year 2023 GOM Haddock Catch
Limits in the preamble, we have determined that it is appropriate to
set the 2023 ABC for GOM haddock based on 100 percent of
F<INF>MSY</INF>. The proposed rule referenced the request made by the
Council following its submission of Framework 65 to NMFS for review and
rulemaking, and it has been included in the final rule for Framework 65
for expediency. Thus, through emergency authority, this final rule
implements an increased fishing year 2023 ABC for GOM haddock (2,515
mt) in place of the ABC proposed in this action (1,936 mt).
Classification
NMFS is issuing this rule pursuant to sections 304(b)(1)(A),
305(c)(2)(B), and 305(d) of the Magnuson-Stevens Act, which provides
specific authority for implementing this action. Pursuant to section
305(d), this action is necessary to carry out the Northeast
Multispecies FMP, and to correct and improve the clarity of the
regulations for multiple FMPs in the Greater Atlantic Region. The NMFS
Assistant Administrator has determined that this final rule is
consistent with Framework Adjustment 65, the Northeast Multispecies
FMP, other provisions of the Magnuson-Stevens Act, and other applicable
law.
This final rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866, as amended by E.O. 14094.
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 Assistant Administrator for Fisheries finds that there is good
cause under 5 U.S.C. 553(d)(1) and (3) to waive the 30-day delayed
effectiveness of this action. Further, under 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries finds good cause to waive the
general notice of proposed rulemaking for the emergency action to
implement a higher fishing year 2023 ABC for GOM haddock. As described
more fully earlier in the preamble, and below, the reasons justifying
promulgation of this rule on an emergency basis make solicitation of
public comment, or a delay in effectiveness, contrary to the public
interest.
This action relies on the best available science to set 2023 catch
limits for groundfish stocks and adopts several other measures to
improve the management of the groundfish fishery. This final rule must
be implemented as soon as possible to capture fully the conservation
and economic benefits of Framework 65 and avoid adverse economic
impacts.
This action was developed by the New England Fishery Management
Council as part of the annual Framework Adjustment process, during
which final action was taken in December 2022. However, due to the need
for additional analysis regarding the measures proposed in Framework
65, the Council was not able to submit the final Framework until April
18, 2023. Given the timing of the Council process and submission, the
earliest we were able to publish a proposed rule for Framework 65 was
on May 31, 2023.
A delay in implementation of this rule increases negative economic
effects for regulated entities. Multiple stocks did not have 2023
quotas set by a previous framework. A separate action implemented
default quotas (75 percent of the 2022 quota). For multiple stocks, the
fishery is operating under lower quotas than those implemented by this
rule, and a delay could limit economic opportunities for the fishery.
Providing timely access to these stocks is also a potential safety
issue. A significant portion of fishing activity occurs in early
summer, due to better weather, and for some smaller vessels, summer may
be the only season in which they are able to participate in the
fishery.
Additionally, this rule contains no new measures (e.g., requiring
new nets or equipment) for which regulated entities need time to
prepare or revise their current practices. Fishermen who are subject to
this action expect and need timely implementation to avoid adverse
economic impacts. This action is similar to the process used to set
quotas every 1-2 years, approves all items as proposed, and contains
only quotas and minor adjustments to the management plan that were
discussed at multiple noticed meetings where the public was provided
opportunity to learn about the action, ask questions, and provide input
into the development of the measures. Affected parties and other
interested parties participated in this public process to develop this
action and desire implementation as close to the beginning of the
fishing year on May 1 as possible. Further, the emergency action
relieves a restriction by implementing a higher ABC for GOM haddock.
A delay in implementation of this action would greatly diminish the
benefits of these specifications and other approved measures. For these
reasons, a 30-day delay in the effectiveness of this rule is
impracticable and contrary to the public interest.
Final Regulatory Flexibility Analysis
Section 604 of the Regulatory Flexibility Act (RFA), 5 U.S.C. 604,
requires Federal agencies to prepare a Final Regulatory Flexibility
Analysis (FRFA) for each final rule. The FRFA describes the economic
impact of this action on small entities. The FRFA includes a summary of
significant issues raised by public comments, the analyses contained in
Framework 63 and its accompanying Environmental Assessment/Regulatory
Impact Review/Initial Regulatory Flexibility Analysis (IRFA), the IRFA
summary in the proposed rule, as well as the summary provided below. A
statement of the necessity for and the objectives of this action are
contained in Framework 65 and in the preamble to this final rule and is
not repeated here.
A Summary of the Significant Issues Raised by the Public in Response to
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a
Statement of Any Changes Made in the Final Rule as a Result of Such
Comments
We received several comments expressing concern about the economic
impacts of this action, and we have summarized these comments in the
comments and responses section of this rule. None of these comments
were directly related to the IRFA, or provided information that changed
the conclusions of the IRFA. The Chief Counsel for the Office of
Advocacy of the Small Business Administration (SBA) did not file any
comments. We made no changes to the proposed rule measures other than
the minor changes described above, although we are simultaneously
implementing the emergency action for GOM haddock.
Description and Estimate of the Number of Small Entities to Which the
Rule Would Apply
The final rule would impact the commercial and recreational
groundfish, Atlantic sea scallop, small-mesh multispecies, Atlantic
herring, and large-mesh non-groundfish fisheries. Individually
permitted vessels may hold permits for several fisheries, harvesting
species of fish that are regulated by several different FMPs, beyond
those impacted by the proposed action. Furthermore, multiple-permitted
vessels and/or permits may be owned by entities affiliated by stock
ownership,
[[Page 56542]]
common management, identity of interest, contractual relationships, or
economic dependency. For the purposes of the RFA analysis, the
ownership entities, not the individual vessels, are considered to be
the regulated entities.
As of June 1, 2022, NMFS had issued 681 commercial limited-access
groundfish permits associated with vessels (including those in
confirmation of permit history (CPH)), 610 party/charter groundfish
permits, 699 limited access and general category Atlantic sea scallop
permits, 717 small-mesh multispecies permits, 73 Atlantic herring
permits, and 758 large-mesh non-groundfish permits (limited access
summer flounder and scup permits). Therefore, this action potentially
regulates 3,538 permits. When accounting for overlaps between
fisheries, this number falls to 2,027 permitted vessels. Each vessel
may be individually owned or part of a larger corporate ownership
structure and, for RFA purposes, it is the ownership entity that is
ultimately regulated by the proposed action. Ownership entities are
identified on June 1st of each year based on the list of all permit
numbers, for the most recent complete calendar year, that have applied
for any type of Greater Atlantic Federal fishing permit. The current
ownership data set is based on calendar year 2021 permits and contains
gross sales associated with those permits for calendar years 2019
through 2021.
For RFA purposes only, NMFS has 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 not in excess of $11 million for all its
affiliated operations worldwide. The determination as to whether the
entity is large or small is based on the average annual revenue for the
three years from 2019 through 2021. The Small Business Administration
(SBA) has established size standards for all other major industry
sectors in the U.S., including for-hire fishing (NAICS code 487210).
These entities are classified as small businesses if combined annual
receipts are not in excess of $8.0 million for all its affiliated
operations. As with commercial fishing businesses, the annual average
of the three most recent years (2019-2021) is utilized in determining
annual receipts for businesses primarily engaged in for-hire fishing.
Based on the ownership data, 1,506 distinct business entities hold
at least one permit that the proposed action potentially regulates. All
1,506 business entities identified could be directly regulated by this
proposed action. Of these 1,506 entities, 865 are commercial fishing
entities, 274 are for-hire entities, and 367 did not have revenues
(were inactive in 2021). Of the 865 commercial fishing entities, 854
are categorized as small entities and 11 are categorized as large
entities, per the NMFS guidelines. Furthermore, 515 of these commercial
fishing entities held limited access groundfish permits, with 512 of
these entities being classified as small businesses and 3 of these
entities being classified as large businesses. All 274 for-hire
entities are categorized as small businesses.
Description of the Projected Reporting, Record-Keeping, and Other
Compliance Requirements of This Proposed Rule
The action does not contain any new collection-of-information
requirements under the Paperwork Reduction Act (PRA).
Description of the Steps the Agency Has Taken To Minimize the
Significant Economic Impact on Small Entities Consistent With the
Stated Objectives of Applicable Statutes
The economic impacts of each measure are discussed in more detail
in sections 6.5 and 7.12 of the Framework 65 Environmental Assessment
(see ADDRESSES) and are not repeated here. The Council considered
several options for the GOM cod rebuilding plan, including a
F<INF>rebuild</INF> that is lower (50 percent of F<INF>MSY)</INF> and
higher (70 and 75 percent of F<INF>MSY</INF>). The GOM cod quotas that
were set by Framework 63 remain in place for fishing years 2023-2024,
and the rebuilding strategy for GOM cod is expected to positively
impact the groundfish fishery in the long-term through stock
rebuilding. For the updated groundfish specifications, the Council also
considered two lower ABCs for GB cod, which would have greater negative
economic impacts than the preferred alternative. Of the alternatives
considered by the Council, there are no significant alternatives that
would minimize the economic impacts. The action is predicted to
generate $74.2 million in gross revenues on the sector portion of the
commercial groundfish trips, which is $41.7 million more than No
Action, but $4.0 million less than fishing year 2021. Small entities
engaged in common pool groundfish fishing may be negatively impacted by
the action as well. Likewise, small entities engaged in the
recreational groundfish fishery are also likely to be negatively
impacted.
Because advance notice and opportunity for prior comment is not
required for the emergency action setting ACL for GOM haddock for
fishing year 2023, an regulatory flexibility analysis is not required
and has not been prepared
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency will publish
one or more guides to assist small entities in complying with the rule
and will designate such publications as ``small entity compliance
guides'' that will explain the actions a small entity is required to
take to comply with a rule or group of rules. As part of this
rulemaking process, a bulletin to permit holders that also serves as a
small entity compliance guide was prepared. This final rule and the
guide (i.e., bulletin) will be sent via email to the Greater Atlantic
Regional Fisheries Office Northeast multispecies fishery email list, as
well as the email lists for the scallop and herring fisheries, which
receive an allocation of some groundfish stocks. The final rule and the
guide are available from NMFS at the following website: <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>. Hard copies of the guide and this final rule will be
available upon request (see ADDRESSES).
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping, and reporting requirements.
Dated: August 10, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble, NMFS amends 50 CFR part 648
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.11, revise paragraph (h)(3)(vii)(A) to read as follows:
Sec. 648.11 Monitoring coverage.
* * * * *
(h) * * *
[[Page 56543]]
(3) * * *
(vii) * * *
(A) A monitoring service provider must hold insurance specified at
Sec. 600.748(b) and (c) of this chapter.
* * * * *
0
3. In Sec. 648.86, revise paragraph I to read as follows:
Sec. 648.86 NE Multispecies possession restrictions.
* * * * *
(c) Atlantic halibut. A vessel issued a NE multispecies permit
under Sec. 648.4(a)(1) may land or possess on board no more than one
Atlantic halibut per trip, provided the vessel complies with other
applicable provisions of this part, unless otherwise specified in Sec.
648.90(a)(5)(i)(F).
* * * * *
0
4. In Sec. 648.87:
0
a. Revise paragraph (b)(1)(i)(A) and the first sentence of paragraph
(c)(2)(i) introductory text; and
0
b. Remove paragraphs I(2)(i)(A) and (B).
The revisions read as follows:
Sec. 648.87 Sector allocation.
* * * * *
(b) * * *
(1) * * *
(i) * * *
(A) Allocated stocks. Each sector shall be allocated a TAC in the
form of an ACE for each NE multispecies stock, with the exception of
Atlantic halibut, ocean pout, windowpane flounder (both the northern
and southern stocks), and Atlantic wolffish based upon the cumulative
PSCs of vessels/permits participating in each sector during a
particular fishing year, as described in paragraph (b)(1)I(E) of this
section.
* * * * *
(c) * * *
(2) * * *
(i) * * * The Regional Administrator may not exempt participants in
a sector from the following Federal fishing regulations: Specific times
and areas within the NE multispecies year-round closure areas;
permitting restrictions (e.g., vessel upgrades, etc.); gear
restrictions designed to minimize habitat impacts (e.g., roller gear
restrictions, etc.); reporting requirements; and AMs specified in Sec.
648.90(a)(5)(i)(D) through (H). * * *
* * * * *
0
5. In Sec. 648.90:
0
a. Remove and reserve paragraph (a)(2)(iv);
0
b. Revise paragraphs (a)(4)(iii)(A) and (B), (a)(4)(iii)(F),
(a)(4)(iii)(H) introductory text, (a)(4)(iii)(H)(1)(i),
(a)(4)(iii)(H)(2), the second sentence of paragraph (a)(5)(i)(D), and
paragraph (a)(5)(ii);
0
c. Remove and reserve paragraph (a)(5)(iv)(B); and
0
d. Remove paragraphs (a)(5)(iv)(C) and (D).
The revisions read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * * * *
(a) * * *
(4) * * *
(iii) * * *
(A) Regulated species or ocean pout catch by vessels operating only
in state waters. The catch of regulated species or ocean pout that is
expected to be harvested by vessels operating only in state waters that
have not been issued a Federal NE multispecies permit and are not
subject to the regulations specified in this part, as well as the
recreational catch of regulated species or ocean pout that occurs in
state waters, unless otherwise specified in paragraph
(a)(4)(iii)(H)(1)(i) of this section, shall be deducted from the ABC/
ACL of each regulated species or ocean pout stock pursuant to the
process for specifying ABCs and ACLs, as described in this paragraph
(a)(4).
(B) Regulated species or ocean pout catch by other, non-specified
fisheries. Regulated species or ocean pout catch by other, non-
specified fisheries, including, but not limited to, exempted fisheries
that occur in Federal waters, fisheries harvesting exempted species
specified in Sec. 648.80(b)(3), and recreational fisheries that occur
in Federal waters, unless otherwise specified in paragraph
(a)(4)(iii)(H)(1)(i) of this section, shall be deducted from the ABC/
ACL of each regulated species or ocean pout stock, pursuant to the
process to specify ABCs and ACLs described in this paragraph (a)(4),
unless otherwise specified in paragraphs (a)(4)(iii)(C) through (G) of
this section. The catch of these non-specified sub-components of the
ACL shall be monitored using data collected pursuant to this part. If
catch from such fisheries exceeds the amount specified in this
paragraph (a)(4)(iii)(B), AMs shall be developed to prevent the overall
ACL for each stock from being exceeded, pursuant to the framework
adjustment process specified in this section.
* * * * *
(F) Southern windowpane flounder catch by exempted fisheries.
Southern windowpane flounder catch by other, non-specified fisheries,
including, but not limited to, exempted fisheries that occur in Federal
waters and fisheries harvesting exempted species specified in Sec.
648.80(b)(3), shall be deducted from the ABC/ACL for southern
windowpane flounder pursuant to the process to specify ABCs and ACLs,
as described in this paragraph (a)(4). The specific value of the sub-
components of the ABC/ACL for southern windowpane flounder distributed
to these other fisheries shall be specified pursuant to the biennial
adjustment process specified in paragraph (a)(2) of this section.
* * * * *
(H) Regulated species or ocean pout catch by the NE multispecies
commercial and recreational fisheries. Unless otherwise specified in
the ACL recommendations developed pursuant to paragraph (a)(4)(i) of
this section, after all of the deductions and considerations specified
in paragraphs (a)(4)(iii)(A) through (G) and (a)(4)(iii)(H)(1) of this
section, the remaining ABC/ACL for each regulated species or ocean pout
stock shall be allocated to the NE multispecies commercial fishery,
pursuant to paragraph (a)(4)(iii)(H)(2) of this section.
(1) * * *
(i) Stocks allocated. Unless otherwise specified in this paragraph
(a)(4)(iii)(H)(1), the ABCs/ACLs for GOM cod and GOM haddock set
pursuant to paragraph (a)(4) of this section shall be divided between
commercial and recreational components, based upon the average
proportional catch of each component for each stock during fishing
years 2001 through 2006.
* * * * *
(2) Commercial allocation. Unless otherwise specified in this
paragraph (a)(4)(iii)(H)(2), the ABC/ACL for regulated species or ocean
pout stocks available to the commercial NE multispecies fishery, after
consideration of the recreational allocation pursuant to paragraph
(a)(4)(iii)(H)(1) of this section, shall be divided between vessels
operating under approved sector operations plans, as described at Sec.
648.87(c), and vessels operating under the provisions of the common
pool, as defined in this part, based upon the cumulative PSCs of
vessels participating in sectors calculated pursuant to Sec.
648.87(b)(1)(i)(E). The ABC/ACL of each regulated species or ocean pout
stocks not allocated to sectors pursuant to Sec. 648.87(b)(1)(i)(E)
(i.e., Atlantic halibut, ocean pout, windowpane flounder, and Atlantic
wolffish) that is available to the commercial NE multispecies fishery
shall be allocated entirely to the common pool, and catch from sector
and common pool vessels
[[Page 56544]]
shall be attributed to this allocation. Unless otherwise specified in
paragraph (a)(5) of this section, regulated species or ocean pout catch
by common pool and sector vessels shall be deducted from the sub-ACL/
ACE allocated pursuant to this paragraph (a)(4)(iii)(H)(2) for the
purposes of determining whether adjustments to common pool measures are
necessary, pursuant to the common pool AMs specified in Sec.
648.82(n), or whether sector ACE overages must be deducted, pursuant to
Sec. 648.87(b)(1)(iii).
* * * * *
(5) * * *
(i) * * *
(D) * * * If the overall ACL for any of these stocks is exceeded,
NMFS shall implement the appropriate AM, as specified in paragraphs
(a)(5)(i)(D) through (H) of this section, in a subsequent fishing year,
consistent with the APA. * * *
* * * * *
(ii) AMs due to excessive catch of regulated species or ocean pout
by state and other, non-specified fisheries. At the end of the NE
multispecies fishing year, NMFS will evaluate whether the catch of any
stock of regulated species or ocean pout by vessels operating only in
state waters or in other, non-specified fisheries, as defined in
paragraphs (a)(4)(iii)(A) and (B) of this section, exceeds the sub-
component of the ACL for that stock.
(A) AMs if the overall ACL for a regulated species or ocean pout
stock is exceeded. If the catch of any stock of regulated species or
ocean pout by vessels operating only in state waters or in other, non-
specified fisheries exceeds the sub-component of the ACL for that
stock, and the overall ACL for that stock is exceeded, then the amount
of the overage of the overall ACL for that stock attributed to catch
from vessels operating only in state waters or in other, non-specified
fisheries, as defined in paragraphs (a)(4)(iii)(A) and (B) of this
section, shall be distributed among components of the NE multispecies
fishery based upon each component's share of that stock's ACL available
to the NE multispecies fishery pursuant to paragraph (a)(4)(iii)(H) of
this section. Each component's share of the ACL overage for a
particular stock would be then added to the catch of that stock by each
component of the NE multispecies fishery. If the resulting sum of catch
of that stock for each component of the fishery exceeds that individual
component's share of that stock's ACL specified pursuant to paragraph
(a)(4)(iii)(H) of this section, then the AMs specified in paragraphs
(a)(5)(i)(A) through (C) of this section shall take effect, as
applicable, unless otherwise specified in paragraph (a)(5)(ii)(C) of
this section.
(B) AMs if the overall ACL for a regulated species or ocean pout
stock is not exceeded. If the catch of any stock of regulated species
or ocean pout by vessels operating only in state waters or in other,
non-specified fisheries, as defined in paragraphs (a)(4)(iii)(A) and
(B) of this section, exceeds the sub-component of the ACL for that
stock, but the overall ACL for that stock is not exceeded, even after
consideration of the catch of that stock by other sub-components of the
fishery, then the AMs specified in this paragraph (a)(5)(ii) shall not
take effect.
(C) AMs for GB cod due to excessive catch by non-allocated
fisheries. For any overages of the GB cod ACL in the 2022-2024 fishing
years, the amount of overage of the overall ACL for GB cod attributed
to catch from vessels operating only in state waters or in other, non-
specified fisheries, as defined in paragraphs (a)(4)(iii)(A) and (B) of
this section, would be reduced by any underage of the GB cod ACL in the
fishing year following the overage, in order to determine the total
amount that must be added to the catch by components of the NE
multispecies fishery, as specified in paragraph (a)(5)(i)(A) of this
section. If the full ACL of GB cod is caught or exceeded in the fishing
year following an overage, no reduction to this amount would be made.
For example, if in 2023 NMFS determines that 100 mt of GB cod catch by
vessels operating only in state waters or in other, non-specified
fisheries in fishing year 2022 has contributed to an ACL overage, NMFS
would implement the AMs specified in paragraph (a)(5)(ii)(A) of this
section at the beginning of fishing year 2024. If 2023 fishing year-end
data showed that total catch of GB cod in fishing year 2023 was 25 mt
below the 2023 ACL, NMFS would reduce the 100-mt overage amount by that
25-mt amount (down to 75 mt) in an in-season adjustment to the 2024
sub-ACLs, as specified in paragraph (a)(5)(i)(A) of this section.
* * * * *
[FR Doc. 2023-17592 Filed 8-17-23; 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 August 18, 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.