[Federal Register Volume 87, Number 78 (Friday, April 22, 2022)]
[Rules and Regulations]
[Pages 24066-24069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08547]


=======================================================================
-----------------------------------------------------------------------

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 Sec.  648.86(o) allow the Regional Administrator to 
implement or adjust a per-Day-at-Sea (DAS) possession limit and/or a 
maximum trip limit in order to prevent exceeding the common pool sub-
annual catch limit (sub-ACL) in that fishing year. The possession and 
trip limits implemented for the start of the 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 sub-ACLs 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 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--2022 Fishing Year Common Pool Possession and Trip Limits
------------------------------------------------------------------------
                 Stock                           2022 Trip limit
------------------------------------------------------------------------
GB Cod (outside Eastern U.S./Canada      100 lb (45.4 kg) per DAS, up to
 Area).                                   200 lb (90.7 kg) per trip.
GB Cod (inside Eastern U.S./Canada       ...............................
 Area).
GB Cod [Closed Area II Yellowtail        500 lb (226.8 kg) per trip.
 Flounder/Haddock SAP (for targeting
 haddock)].
GOM Cod................................  200 lb (90.7 kg) per DAS, up to
                                          400 lb (181.4 kg) per trip.
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/  100 lb (45.4 kg) per DAS, up to
 MA) Yellowtail Flounder.                 200 lb (90.7 kg) per trip.
Cape Cod (CC)/GOM Yellowtail Flounder..  1,000 lb (453.6 kg) per DAS, up
                                          to 2,000 lb (907.2 kg) per
                                          trip.
American plaice........................  2,000 lb (907.2 kg) per DAS, up
                                          to 4,000 lb (1,814.4 kg) per
                                          trip.
Witch Flounder.........................  1,500 lb (680.4 kg) per trip.
GB Winter Flounder.....................  250 lb (113.4 kg) per trip.
GOM Winter Flounder....................  1,000 lb (453.6 kg) per trip.

[[Page 24067]]

 
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]
----------------------------------------------------------------------------------------------------------------
                                                                         Trimester total allowable catches
                              Stock                              -----------------------------------------------
                                                                    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 Sec.  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

[[Page 24068]]

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 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 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]
----------------------------------------------------------------------------------------------------------------
                                       Total                      Quarterly Incidental Catch TAC
                                    Incidental   ---------------------------------------------------------------
              Stock                  Catch TAC
                                 ----------------   1st Quarter     2nd Quarter     3rd Quarter     4th Quarter
                                       2022        (13 percent)    (29 percent)    (29 percent)    (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, 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 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 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, 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 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.
    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 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.

[[Page 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 Sec.  648.85(b)(6)(vi) authorize the Regional 
Administrator to close the Regular B DAS program by prohibiting the use 
of Regular B DAS when the continuation of the program would undermine 
the achievement of the objectives of the Northeast Multispecies FMP or 
the Regular B DAS Program. The Regular B DAS program closure 
implemented through this action will prevent an overage of the 
Incidental Catch TACs. Delay of this action would provide vessel owners 
an opportunity to participate in the Regular B DAS Program, but 
participation and catch in the program may cause the allocation to be 
exceeded. In addition to the adverse consequences that are against the 
public interest, delaying implementation of this action for prior 
notice and opportunity for comment is unnecessary. These processes were 
established with prior notice and opportunity for comment. They were 
established to provide for regular and timely implementation of 
necessary catch limits to avoid adverse economic or ecological 
consequences that are not in the public interest. Further, adjusting 
catch limits in accordance with current conditions and limits provides 
maximum fishing opportunities practicable that avoid excess catch that 
may result in overfishing. Fishing industry participants and other 
stakeholders expect these actions to occur annually and 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