24066 Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Rules and Regulations 

[FR Doc. 2022–08415 Filed 4–21–22; 8:45 am] 

BILLING CODE 6820–14–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 210723–0150; RTID 0648– 

XB923] 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; Common Pool Fishery and 

Other Measures for Fishing Year 2022 

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 2022 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, 2022, through April 30, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Spencer Talmage, Fishery Management 

Specialist, 978–281–9232. 

SUPPLEMENTARY INFORMATION: The 

Northeast Multispecies Fishery 

Management Plan (FMP) regulations 

allow the Regional Administrator to 

implement possession limits for the 

common pool fishery, the U.S./Canada 

Management Area, and Special 

Management Programs. This action 

implements a number of these 

management measures for the 2022 

fishing year, effective May 1, 2022. 

Common Pool Trip Limits 

Regulations at § 648.86(o) allow the 

Regional Administrator to implement or 

adjust a per-Day-at-Sea (DAS) 

possession limit and/or a maximum trip 

limit in order to prevent exceeding the 

common pool sub-annual catch limit 

(sub-ACL) in that fishing year. The 

possession and trip limits implemented 

for the start of the 2022 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 

61 to the Northeast Multispecies FMP 

(86 FR 40353, July 27, 2021) that will be 

in effect on May 1, 2022. We considered 

preliminary 2022 sector rosters, 

expected common pool participation, 

and common pool fishing activity in 

previous fishing years. Additionally, 

during its December 2021 meeting, the 

New England Fishery Management 

Council adopted Framework 

Adjustment 63 to the Northeast 

Multispecies FMP, which, if approved, 

would modify the common pool subACLs for several stocks. We are working 

to publish a proposed rule to request 

comment on Framework Adjustment 63. 

When developing the trip limits in this 

action, we took into account Council 

recommended sub-ACLs that may be 

implemented in Framework 63 to put in 

place trip limits on May 1, 2022, that 

would not result in the common pool 

exceeding any sub-ACLs or trimester 

total allowable catch (TAC). Based on 

this 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 2022 fishing year subACLs. 

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—2022 FISHING YEAR COMMON POOL POSSESSION AND TRIP LIMITS

Stock 2022 Trip limit 

GB Cod (outside Eastern U.S./Canada Area) ......................................... 100 lb (45.4 kg) per DAS, up to 200 lb (90.7 kg) per trip. 

GB Cod (inside Eastern U.S./Canada Area) ............................................

GB Cod [Closed Area II Yellowtail Flounder/Haddock SAP (for targeting 

haddock)].

500 lb (226.8 kg) per trip. 

GOM Cod ................................................................................................. 200 lb (90.7 kg) per DAS, up to 400 lb (181.4 kg) per trip. 

GB Haddock ............................................................................................. 100,000 lb (45,359.2 kg) per trip. 

GOM Haddock .......................................................................................... 2,000 lb (907.2 kg) per DAS, up to 4,000 lb (1,814.4 kg) per trip. 

GB Yellowtail Flounder ............................................................................. 100 lb (45.4 kg) per trip. 

Southern New England/Mid-Atlantic (SNE/MA) Yellowtail Flounder ....... 100 lb (45.4 kg) per DAS, up to 200 lb (90.7 kg) per trip.

Cape Cod (CC)/GOM Yellowtail Flounder ............................................... 1,000 lb (453.6 kg) per DAS, up to 2,000 lb (907.2 kg) per trip. 

American plaice ........................................................................................ 2,000 lb (907.2 kg) per DAS, up to 4,000 lb (1,814.4 kg) per trip. 

Witch Flounder ......................................................................................... 1,500 lb (680.4 kg) per trip. 

GB Winter Flounder .................................................................................. 250 lb (113.4 kg) per trip.

GOM Winter Flounder .............................................................................. 1,000 lb (453.6 kg) per trip. 


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Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Rules and Regulations 24067 

TABLE 1—2022 FISHING YEAR COMMON POOL POSSESSION AND TRIP LIMITS—Continued 

Stock 2022 Trip limit 

SNE/MA Winter Flounder ......................................................................... 2,000 lb (907.2 kg) per DAS, up to 4,000 lb (1,814.4 kg) per trip. 

Redfish ...................................................................................................... Unlimited. 

White hake ................................................................................................ 1,500 lb (680.4 kg) per trip. 

Pollock ...................................................................................................... Unlimited. 

Atlantic Halibut .......................................................................................... 1 fish per trip. 

Windowpane Flounder .............................................................................. Possession Prohibited. 

Ocean Pout 

Atlantic Wolffish 

Note: Minimum fish sizes apply for many groundfish species, but are not included in this rule. Please see 50 CFR 648.83 for applicable minimum fish sizes. 

TABLE 2—2022 FISHING YEAR COD TRIP LIMITS FOR HANDGEAR A, HANDGEAR B, AND SMALL VESSEL CATEGORY

PERMITS

Permit Initial 2022 trip limit 

Handgear A GOM Cod ............................................................................. 200 lb (90.7 kg) per trip. 

Handgear A GB Cod ................................................................................ 100 lb (45.4 kg kg) per trip. 

Handgear B GOM Cod ............................................................................. 25 lb (11 kg) per trip. 

Handgear B GB Cod ................................................................................ 25 lb (11 kg) per trip. 

Small Vessel Category ............................................................................. 300 lb (136.1 kg) of cod, haddock, and yellowtail flounder combined; 

additionally, vessels are limited to the common pool DAS limit for all 

stocks. 

Table 3 includes the initial common 

pool trimester TACs for fishing year 

2022. These trimester TACs are based 

on preliminary sector rosters. However, 

individual permit holders have until the 

end of the 2021 fishing year (April 30, 

2022) to drop out of a sector and fish in 

the common pool fishery for the 2022 

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 

2022 fishing year to reflect the final 

sector rosters as of May 1, 2022. We are 

working to publish a proposed rule to 

request comment on updated 2022 

specifications as recommended by the 

New England Fishery Management 

Council in Framework Adjustment 63. If 

approved, Framework Adjustment 63 

would make additional changes to 

common pool sub-ACLs. There could be 

additional changes to common pool 

trimester TACs and possession and trip 

limits as a result. 

TABLE 3—INITIAL COMMON POOL TRIMESTER TOTAL ALLOWABLE CATCHES FOR FISHING YEAR 2022 

[mt, live weight] 

Stock 

Trimester total allowable catches 

Trimester 1 Trimester 2 Trimester 3 

GB Cod ........................................................................................................................................ 7.6 9.2 10.3 

GOM Cod ..................................................................................................................................... 3.6 2.4 1.3 

GB Haddock ................................................................................................................................ 348.2 425.6 515.9 

GOM Haddock ............................................................................................................................. 36.2 34.9 63.0 

GB Yellowtail Flounder ................................................................................................................ 0.6 0.9 1.5 

SNE/MA Yellowtail Flounder ....................................................................................................... 0.7 0.9 1.6 

CC/GOM Yellowtail Flounder ...................................................................................................... 15.0 6.9 4.5 

American Plaice ........................................................................................................................... 48.1 5.2 11.7 

Witch Flounder ............................................................................................................................. 18.0 6.5 8.2 

GB Winter Flounder ..................................................................................................................... 1.1 3.3 9.2 

GOM Winter Flounder ................................................................................................................. 7.6 7.8 5.1 

Redfish ......................................................................................................................................... 22.2 27.5 39.1 

White Hake .................................................................................................................................. 7.3 6.0 6.0 

Pollock ......................................................................................................................................... 29.9 37.4 39.6 

Closed Area II Yellowtail Flounder/ 

Haddock Special Access Program 

The regulations at § 648.85(b)(3)(vii) 

allow the Regional Administrator to 

determine the total number of common 

pool trips that may be declared into the 

Closed Area II Yellowtail Flounder/ 

Haddock Special Access Program (SAP) 

to target yellowtail flounder. This action 

allocates zero trips for common pool 

vessels to target yellowtail flounder 

within the Closed Area II Yellowtail 

Flounder/Haddock SAP for fishing year 

2022. As a result, this SAP is only open 

to target haddock, from August 1, 2022, 

through January 31, 2023. 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 may 

determine the allocation of the total 

number of trips into the Closed Area II 


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24068 Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Rules and Regulations 

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 2022 GB yellowtail flounder 

groundfish sub-ACL implemented by 

Framework Adjustment 61 of 141,095.8 

lb (64,000 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 2022 GB 

yellowtail flounder allocation. 

If approved, Framework Adjustment 

63 would implement a 2022 GB 

yellowtail flounder sub-ACL that is 

73,634 lb (33,399.82 kg) greater than the 

Framework 61 sub-ACL, which amounts 

to fewer than 5 additional trips with a 

15,000-lb (6,804-kg) trip limit in the 

SAP. As a result, we do not expect that 

the final rule implementing Framework 

63 would allocate trips to the SAP to 

target yellowtail flounder. 

Regular B DAS Program 

The regulations at § 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 61 

implemented Common Pool Incidental 

Catch TACs for the Regular B DAS 

Program for the 2022 fishing year (Table 

4). These TACs are further divided into 

Quarterly Incidental Catch TACs to be 

monitored and managed during each 

calendar quarter. 

TABLE 4—FISHING YEAR TOTAL AND QUARTERLY INCIDENTAL CATCH TACS FOR THE REGULAR B DAS PROGRAM

[mt, live weight] 

Stock 

Total 

Incidental 

Catch TAC 

Quarterly Incidental Catch TAC 

2022 

1st Quarter 

(13 percent) 

2nd Quarter 

(29 percent) 

3rd Quarter 

(29 percent) 

4th Quarter 

(29 percent) 

GB Cod ................................................................................ 0.27 0.04 0.08 0.08 0.08 

GOM Cod ............................................................................. 0.07 0.01 0.02 0.02 0.02 

GB Yellowtail Flounder ........................................................ 0.03 0.00 0.01 0.01 0.01 

CC/GOM Yellowtail Flounder ............................................... 0.26 0.03 0.08 0.08 0.08 

American Plaice ................................................................... 3.25 0.42 0.94 0.94 0.94 

Witch Flounder ..................................................................... 1.63 0.21 0.47 0.47 0.47 

SNE/MA Winter Flounder .................................................... 0.34 0.04 0.10 0.10 0.10 

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 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 we can 

effectively limit catch to the Incidental 

Catch TACs during fishing year 2022, 

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 

2022 fishing year, through April 30, 

2023. 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 § 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, 2022, for the 2022 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 

§ 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. 

The regulations at § 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 in-season action 

to meet this regulatory requirement. 

Doing so ensures that the fishing 

industry has sufficient notice in order to 

plan their activities in the new fishing 

year. This action occurs annually, and 

industry participants are accustomed to 

it and expect its timely implementation. 


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Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Rules and Regulations 24069 

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 2021. 

The regulations at § 648.85(b)(6)(vi) 

authorize the Regional Administrator to 

close the Regular B DAS program by 

prohibiting the use of Regular B DAS 

when the continuation of the program 

would undermine the achievement of 

the objectives of the Northeast 

Multispecies FMP or the Regular B DAS 

Program. The Regular B DAS program 

closure implemented through this 

action will prevent an overage of the 

Incidental Catch TACs. Delay of this 

action would provide vessel owners an 

opportunity to participate in the Regular 

B DAS Program, but participation and 

catch in the program may cause the 

allocation to be exceeded. In addition to 

the adverse consequences that are 

against the public interest, delaying 

implementation of this action for prior 

notice and opportunity for comment is 

unnecessary. These processes were 

established with prior notice and 

opportunity for comment. They were 

established to provide for regular and 

timely implementation of necessary 

catch limits to avoid adverse economic 

or ecological consequences that are not 

in the public interest. Further, adjusting 

catch limits in accordance with current 

conditions and limits provides 

maximum fishing opportunities 

practicable that avoid excess catch that 

may result in overfishing. Fishing 

industry participants and other 

stakeholders expect these actions to 

occur annually and inseason. They are 

regular occurrences that participants 

have become accustomed to. 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 18, 2022. 

Kelly Denit, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2022–08547 Filed 4–21–22; 8:45 am] 

BILLING CODE 3510–22–P 


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