[Federal Register Volume 85, Number 78 (Wednesday, April 22, 2020)]
[Rules and Regulations]
[Pages 22374-22377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08510]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 181203999-9503-02; RTID 0648-XX050]
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Northeast Multispecies Measures for Fishing Year
2020
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; possession and trip limit implementation.
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SUMMARY: This action implements measures for the Northeast multispecies
fishery for the 2020 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 inseason 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, 2020, through April 30, 2021.
[[Page 22375]]
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management
Specialist, 978-281-9232.
SUPPLEMENTARY INFORMATION: The Northeast Multispecies Fishery
Management Plan (FMP) regulations give the Regional Administrator the
authority to implement certain types of management measures for the
common pool fishery, the U.S. Canada Management Area, and Special
Management Programs. This action implements a number of these
management measures for the 2020 fishing year, effective May 1, 2020.
Common Pool Trip Limits
The regulations at Sec. 648.86(o) give the Regional Administrator
the authority to implement or adjust a per-Day-at-Sea (DAS) possession
limit and/or a maximum trip limit in order to prevent exceeding the
common pool sub-Annual Catch Limit (sub-ACL) in that fishing year. The
possession and trip limits implemented for the start of the 2020
fishing year are included in Tables 1 and 2 below. These possession and
trip limits were developed based on the common pool sub-ACLs set by
Framework Adjustment 58 to the Northeast Multispecies FMP that will be
in effect on May 1, 2020. We also considered preliminary 2020 sector
rosters, expected common pool participation, and common pool fishing
activity in previous fishing years. Based on that information, we
project that these adjustments will facilitate optimized harvest of the
common pool quotas, while preventing early trimester closures, and
preventing catch from exceeding the 2020 fishing year sub-ACLs.
For Handgear A and Handgear B vessels, possession and trip limits
for Georges Bank (GB) and Gulf of Maine (GOM) cod are tied to the
possession and trip limits for groundfish DAS vessels. The default cod
trip limit is 300 lb (136 kg) for Handgear A vessels and 75 lb (34 kg)
for Handgear B vessels. If the GOM or GB cod limit for vessels fishing
on a groundfish DAS drops below 300 lb (136 kg), then the respective
Handgear A cod trip limit must be reduced to the same limit. Similarly,
the Handgear B trip limit must be adjusted proportionally to the DAS
limit (rounded up to the nearest 25 lb (11 kg)). In accordance with
this process, the Handgear A and Handgear B possession and trip limits
for GB and GOM cod are as listed below in Table 2.
Vessels with a Small Vessel category permit can possess up to 300
lb (136 kg) of cod, haddock, and yellowtail flounder, combined, per
trip. Additionally, for these vessels, the trip limit for all stocks is
equal to the landing limits per DAS applicable to multispecies DAS
vessels. This is necessary to ensure that the trip limit applicable to
the Small Vessel category permit is consistent with the trip limits for
other common pool vessels, as described above.
Weekly quota monitoring reports for the common pool fishery can be
found on our website at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/nemultispecies.html. We 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, we will make additional adjustments to common pool
management measures.
Table 1--2020 Fishing Year Common Pool Possession and Trip Limits
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Stock 2020 trip limit *
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GB Cod (outside Eastern U.S./Canada 250 lb (113 kg) per DAS, up to 500
Area). lb (227 kg) per trip.
GB Cod (inside Eastern U.S./Canada
Area)..
GB Cod [Closed Area II Yellowtail 500 lb (227 kg) per trip.
Flounder/Haddock SAP (for
targeting haddock)].
GOM Cod............................ 50 lb (23 kg) per DAS, up to 100 lb
(45 kg) per trip.
GB Haddock......................... 100,000 lb (45,359 kg) per trip.
GOM Haddock........................ 1,000 lb (454 kg) per DAS, up to
2,000 lb (907 kg) per trip.
GB Yellowtail Flounder............. 100 lb (45 kg) per trip.
Southern New England (SNE)/Mid- 100 lb (45 kg) per DAS, up to 200
Atlantic (MA) Yellowtail Flounder. lb (91 kg) per trip.
Cape Cod (CC)/GOM Yellowtail 1,000 lb (340 kg) per DAS, up to
Flounder. 2,000 lb (680 kg) per trip.
American Plaice.................... 1,000 lb (340 kg) per DAS, up to
2,000 lb (680 kg) per trip.
Witch Flounder..................... 750 lb (272 kg) per trip.
GB Winter Flounder................. 250 lb (113 kg) per trip.
GOM Winter Flounder................ 1,000 lb (454 kg) per trip.
SNE/MA Winter Flounder............. 2,000 lb (907 kg) per DAS, up to
4,000 lb (1,814 kg) per trip.
Redfish............................ Unlimited.
White Hake......................... 1,500 lb (680 kg) per trip.
Pollock............................ Unlimited.
Atlantic Halibut................... 1 fish per trip.
Windowpane Flounder................ Possession Prohibited.
Ocean Pout.........................
Atlantic Wolffish..................
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* Minimum fish sizes apply for many groundfish species, but are not
included in this rule. Please see 50 CFR 648.83 for applicable minimum
fish sizes.
Table 2--2020 Fishing Year Cod Trip Limits for Handgear A, Handgear B,
and Small Vessel Category Permits
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Permit Initial 2020 trip limit
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Handgear A GOM Cod................. 50 lb (23 kg) per trip.
Handgear A GB Cod.................. 250 lb (113 kg) per trip.
Handgear B GOM Cod................. 25 lb (11 kg) per trip.
Handgear B GB Cod.................. 25 lb (11 kg) per trip.
[[Page 22376]]
Small Vessel Category.............. 300 lb (136 kg) of cod, haddock,
and yellowtail flounder combined;
additionally, vessels are limited
to the common pool DAS limit for
all stocks.
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Table 3 includes the initial common pool trimester Total Allowable
Catches (TACs) for fishing year 2020. These trimester TACs are based on
preliminary sector rosters. However, individual permit holders have
until the end of the 2019 fishing year (April 30, 2020) to drop out of
a sector and fish in the common pool fishery for the 2020 fishing year.
Therefore, it is possible that the sector and common pool catch limits,
including the trimester TACs, may change due to changes in sector
rosters. If changes to sector rosters occur, updated catch limits and/
or possession and trip limits will be announced as soon as possible in
the 2020 fishing year to reflect the final sector rosters as of May 1,
2020. We are working to publish a proposed rule to request comment on
updated 2020 specifications as recommended by the New England Fishery
Management Council in Framework Adjustment 59 to the Northeast
Multispecies FMP. If approved, that rule would make additional changes
to common pool sub-ACLs. There could be additional changes to common
pool possession and trip limits as a result.
Table 3--Initial Common Pool Trimester Total Allowable Catches for Fishing Year 2020
[mt, live weight]
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Trimester total allowable catches (mt)
Stock -----------------------------------------------
Trimester 1 Trimester 2 Trimester 3
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GB Cod.......................................................... 18.9 22.9 25.6
GOM Cod......................................................... 5.5 3.7 2.0
GB Haddock...................................................... 286.8 350.5 424.9
GOM Haddock..................................................... 21.2 20.4 36.8
GB Yellowtail Flounder.......................................... 0.7 1.1 1.9
SNE/MA Yellowtail Flounder...................................... 1.3 1.7 3.2
CC/GOM Yellowtail Flounder...................................... 12.2 5.6 3.6
American Plaice................................................. 21.6 2.3 5.2
Witch Flounder.................................................. 12.7 4.6 5.8
GB Winter Flounder.............................................. 2.5 7.6 21.6
GOM Winter Flounder............................................. 6.7 6.9 4.5
Redfish......................................................... 14.5 18.0 25.5
White Hake...................................................... 8.0 6.6 6.6
Pollock......................................................... 69.5 86.8 91.8
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Closed Area II Yellowtail Flounder/Haddock Special Access Program
The regulations at Sec. 648.85(b)(3)(vii) provide the Regional
Administrator with authority to determine the total number of common
pool trips that may be declared into the Closed Area II Yellowtail
Flounder/Haddock Special Access Program (SAP) to target yellowtail
flounder. This action allocates zero trips for common pool vessels to
target yellowtail flounder within the Closed Area II Yellowtail
Flounder/Haddock SAP for fishing year 2020. As a result, this SAP is
only open to target haddock, from August 1, 2020, through January 31,
2021. Northeast multispecies vessels fishing in the SAP must fish with
a haddock separator trawl, a Ruhle trawl, or hook gear. Vessels may not
fish in this SAP using flounder trawl nets.
The Regional Administrator has the authority to determine 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 2020 GB yellowtail flounder
groundfish sub-ACL implemented by Framework Adjustment 58 of 295,419 lb
(134,000 kg), there is insufficient GB yellowtail flounder to allocate
any trips to the SAP. Further, given the low GB yellowtail flounder
catch limit, catch rates outside of this SAP are more than adequate to
fully harvest the 2020 GB yellowtail flounder allocation.
We are working to publish a proposed rule to request comments on
Framework 59 measures. If approved, Framework 59 would implement a 2020
GB yellowtail flounder sub-ACL that is reduced compared to the
Framework 58 sub-ACL. A reduction in the GB yellowtail flounder sub-ACL
would reduce the number of potential trips in the Closed Area II
yellowtail Flounder/Haddock SAP. As a result, we do not expect that the
final rule implementing Framework 59 would allocate trips to the SAP to
target yellowtail flounder.
Regular B DAS Program
The regulations at Sec. 648.85(b)(6)(vi) authorize the Regional
Administrator to close the Regular B DAS program by prohibiting the use
of Regular B DAS when the continuation of the program would undermine
the achievement of the objectives of the Northeast
[[Page 22377]]
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 58 to the Northeast Multispecies FMP (84 FR
34799, July 19, 2019) implemented Common Pool Incidental Catch TACs for
the Regular B DAS Program for the 2020 fishing year (Table 1). These
TACs are further divided into Quarterly Incidental Catch TACs to be
monitored and managed during each calendar quarter.
Given that the Incidental Catch TACs allocated to the Regular B DAS
Program for several stocks are very small, inseason management of the
Regular B DAS Program is likely to be extremely difficult and
impractical. Implementation of an inseason 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 we can effectively limit catch to
the Incidental Catch TACs during fishing year 2020, and 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 2020 fishing year, through April 30, 2021.
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.
The regulations at Sec. 648.86(o) authorize the Regional
Administrator to adjust the Northeast multispecies possession and trip
limits for common pool vessels in order to prevent the overharvest or
underharvest of the pertinent common pool quotas. This action sets the
initial common pool possession and trip limits on May 1, 2020, for the
2020 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 inseason 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.
The regulations at Sec. 648.85(b)(3)(vii) require that the
Regional Administrator announce the total number of allowed trips by
common pool vessels that may be declared into the Closed Area II
Yellowtail Flounder/Haddock SAP on or about June 1. We have included
the announcement in this inseason action to meet this regulatory
requirement. Doing so ensures that the fishing industry has sufficient
notice in order to plan their activities in the new fishing year. This
action is formulaic and is expected by industry. Given the low quota
for GB yellowtail flounder in recent years, no trips have been
allocated to this SAP from fishing year 2010 to fishing year 2019.
The regulations at Sec. 648.85(b)(6)(vi) authorize the Regional
Administrator to close the Regular B DAS program by prohibiting the use
of Regular B DAS when the continuation of the program would undermine
the achievement of the objectives of the Northeast Multispecies FMP or
the Regular B DAS Program. The Regular B DAS program closure
implemented through this action will prevent an overage of the
Incidental Catch TACs. Delay of this action would provide vessel owners
an opportunity to participate in the Regular B DAS Program, but
participation and catch in the program may cause the allocation to be
exceeded.
For the reasons above, delay of this action for prior notice and
the opportunity for public comment and the 30-day delayed effectiveness
period 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 16, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-08510 Filed 4-21-20; 8:45 am]
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