Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Common Pool Fishery and Other Measures for Fishing Year 2024

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Published

April 12, 2024

Effective

May 1, 2024

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 2024 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.

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<title>Federal Register, Volume 89 Issue 72 (Friday, April 12, 2024)</title>
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[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Rules and Regulations]
[Pages 25816-25820]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-07744]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240318-0082; RTID 0648-XD843]

Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Common Pool Fishery and Other Measures for
Fishing Year 2024

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 2024 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, 2024, through April 30, 2025.

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

[[Page 25817]]

Management Area, and Special Management Programs. This action
implements a number of these management measures for the 2024 fishing
year, effective May 1, 2024.

Common Pool Trip Limits

Regulations at 50 CFR 648.86(o) provide that the Regional
Administrator may 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 for the start of the 2024 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, 2024, including those set by Framework Adjustment 65 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 2024 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.
During its December 2023 meeting, the New England Fishery
Management Council adopted Framework Adjustment 66 to the Northeast
Multispecies FMP, which, if approved, would modify the common pool sub-
ACLs for several stocks. On March 22, 2024, NMFS published a proposed
rule for Framework 66, with a comment period ending on April 8, 2024
(89 FR 20412). It is possible that the final rule for that action is
not in effect until after the beginning of the fishing year. In that
case, default specifications for white hake and redfish would be in
place until that rule is final. When developing the trip limits in this
action, NMFS considered the Council-recommended sub-ACLs that may be
implemented in Framework 66. Framework 66's proposed sub-ACLs are not
sufficiently different from the Framework 65's sub-ACLs to alter NMFS'
projections and recommendations. Thus, in addition to appropriately
addressing specifications that would be in place on May 1, 2024, the
trip limits in this action are expected to avoid exceeding, but not to
overly constrain catch in a manner that would prevent achieving, any
sub-ACLs or trimester total allowable catch (TAC) that may be
implemented by Framework 66. 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 2024 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 dependent on the
possession and trip limits for groundfish DAS vessels. The default cod
trip limit is 300 pounds (lb) (136 kilograms (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--2024 Fishing Year Common Pool Possession and Trip Limits
------------------------------------------------------------------------
Stock 2024 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 Special Access
Program(SAP) (for targeting haddock)].
GOM Cod................................ 150 lb (68 kg) per DAS, up to
300 lb (136.1 kg) per trip.
GB Haddock............................. 50,000 lb (22,679.6 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/ 200 lb (90.7 kg) per DAS, up to
MA) Yellowtail Flounder. 400 lb (181.4 kg) per trip.
Cape Cod (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......................
------------------------------------------------------------------------
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.

[[Page 25818]]

Table 2--2024 Fishing Year Cod Trip Limits for Handgear A, Handgear B,
and Small Vessel Category Permits
------------------------------------------------------------------------
Permit Initial 2024 trip limit
------------------------------------------------------------------------
Handgear A GOM Cod..................... 150 lb (68 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 2024. These trimester TACs are based on preliminary sector
rosters. However, individual permit holders have until the end of the
2023 fishing year (April 30, 2024) to drop out of a sector and fish in
the common pool fishery for the 2024 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 that require updated catch limits and/or
possession and trip limits, these will be announced as soon as
practicable in the 2024 fishing year to reflect the final sector
rosters as of May 1, 2024.

Table 3--Initial Common Pool Trimester Total Allowable Catches for Fishing Year 2024
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
Trimester total allowable catches
Stock -----------------------------------------------
Trimester 1 Trimester 2 Trimester 3
----------------------------------------------------------------------------------------------------------------
GB Cod.......................................................... 3.0 3.7 4.1
GOM Cod......................................................... 4.7 3.2 1.7
GB Haddock...................................................... 68.1 83.3 100.9
GOM Haddock..................................................... 6.9 6.7 12.1
GB Yellowtail Flounder.......................................... 0.9 1.5 2.5
SNE/MA Yellowtail Flounder...................................... 1.6 2.1 3.9
CC/GOM Yellowtail Flounder...................................... 22.5 10.2 6.7
American Plaice................................................. 105.3 11.4 25.6
Witch Flounder.................................................. 22.3 8.1 10.2
GB Winter Flounder.............................................. 3.5 10.6 29.9
GOM Winter Flounder............................................. 29.1 29.9 19.7
Redfish......................................................... 17.3 21.5 30.5
White Hake...................................................... 4.9 4.0 4.0
Pollock......................................................... 34.2 42.8 45.2
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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 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 2024. As a
result, this SAP is only open to target haddock, from August 1, 2024,
through January 31, 2025. 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 2024
GB yellowtail flounder groundfish sub-ACL implemented by Framework
Adjustment 65 of 185,845.7 lb (84,298.2 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 2024 GB yellowtail
flounder allocation.
If approved, Framework Adjustment 66 would reduce the 2024 GB
yellowtail flounder sub-ACL. As a result, NMFS does not expect the
final rule implementing Framework 66, if approved, would change the
determination to allocate no 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 65 implemented Common Pool Incidental Catch
TACs for the Regular B DAS Program for the 2024 fishing year (table 4).
These TACs are further divided into Quarterly Incidental Catch TACs to
be monitored and managed during each calendar quarter.

[[Page 25819]]

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 2nd quarter 3rd quarter 4th quarter
2024 (13 percent) (29 percent) (29 percent) (29 percent)
----------------------------------------------------------------------------------------------------------------
GB Cod.......................... 0.11 0.01 0.03 0.03 0.03
GOM Cod......................... 0.11 0.01 0.03 0.03 0.03
GB Yellowtail Flounder.......... 0.05 0.01 0.01 0.01 0.01
CC/GOM Yellowtail Flounder...... 0.48 0.06 0.14 0.14 0.14
American Plaice................. 7.27 0.94 2.11 2.11 2.11
Witch Flounder.................. 2.06 0.27 0.60 0.60 0.60
SNE/MA Winter Flounder.......... 0.53 0.07 0.15 0.15 0.15
----------------------------------------------------------------------------------------------------------------

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 2024, 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 2024 fishing year, through April 30, 2025.
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) provide that the Regional
Administrator may 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, 2024, for the
2024 fishing year. The possession and trip limits implemented through
this action help to ensure that the Northeast multispecies common pool
fishery may achieve the optimum yield for the relevant stocks, while
controlling catch to help prevent in-season closures or quota overages.
Delay of this action would leave the common pool fishery with the
possession and trip limits found in Sec. 648.86, which are too high to
control catch. This would likely lead to early closure of a trimester
and quota overages. Any overage of the quota for either of the first
two trimesters must be deducted from the Trimester 3 quota, which could
substantially disrupt the trimester structure and intent to distribute
the fishery across the entire fishing year. An overage reduction in
Trimester 3 would further reduce fishing opportunities for common pool
vessels and likely result in early closure of Trimester 3.
Additionally, any overage of the annual quota would be deducted from
common pool's quota for the next fishing year, to the detriment of this
stock and diminishing fishing opportunities in the following fishing
year.
To ensure proper carrying out of the FMP's Closed Area II
Yellowtail Flounder/Haddock SAP, regulations at Sec. 648.85(b)(3)(vii)
provide that the Regional Administrator is responsible for announcing
the appropriate 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 ensures that the fishing industry has sufficient notice in
order to plan their activities in the new fishing year. This action
occurs annually. Industry participants are accustomed to it and expect
its timely implementation. No trips have been allocated to this SAP
from fishing year 2010 to fishing year 2023.
Regulations at Sec. 648.85(b)(6)(vi) provide that the Regional
Administrator may close the Regular B DAS program by prohibiting the
use of Regular B DAS when the Regional Administrator projects that
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 likely exceed the allocation. Exceeding the allocation is
against the public's interest of achieving optimum yield.
In addition to the adverse consequences of exceeding the
allocation, delaying implementation of this action for prior notice and
opportunity for comment is unnecessary. These processes and criteria
for determinations 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 participants with the maximum fishing opportunities
practicable that avoid excess catch and potential overfishing. Fishing
industry participants and other stakeholders expect these actions to
occur annually and in-season. These actions are regular occurrences to
which participants have become accustomed. This action must be
implemented prior to May 1, 2024, to avoid adverse impacts on common
pool fishery stocks and participants by ensuring that the fishery's
catch limits are not exceeded. This action was originally intended to
be included in the Final Rule for Framework 66. The agency only
recently had sufficient information to determine that Framework 66 may
not

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be in effect prior to May 1, 2024, and that publication of this notice
as a separate in-season action was necessary to ensure that these
measures are implemented at the start of fishing year 2024 on May 1,
2024.
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 8, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-07744 Filed 4-11-24; 8:45 am]
BILLING CODE 3510-22-P

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