[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Rules and Regulations]
[Pages 17916-17926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08440]
[[Page 17915]]
Vol. 84
Friday,
No. 81
April 26, 2019
Part II
Department of Commerce
-----------------------------------------------------------------------
National Oceanic and Atmospheric Administration
-----------------------------------------------------------------------
50 CFR Part 648
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United
States; Northeast Multispecies Fishery; 2019 and 2020 Sector Operations
Plans and 2019 Allocation of Northeast Multispecies Annual Catch
Entitlements and Common Pool Measures for Fishing Year 2019; Final and
Temporary Rules
Federal Register / Vol. 84 , No. 81 / Friday, April 26, 2019 / Rules
and Regulations
[[Page 17916]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 190205076-9370-02]
RIN 0648-BI71
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; 2019 and 2020 Sector
Operations Plans and 2019 Allocation of Northeast Multispecies Annual
Catch Entitlements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule approves Northeast multispecies sector operations
plans and grants regulatory exemptions for fishing years 2019 and 2020,
approves the formation of a new sector, and allocates annual catch
entitlements to approved sectors for fishing year 2019. Approval of
sector operations plans and contracts and allocation of annual catch
entitlements is necessary for sectors to operate. This action is
intended to allow limited access permit holders to form sectors, as
authorized under the Northeast Multispecies Fishery Management Plan,
and to exempt them from certain effort control regulations to improve
the efficiency and economics of sector vessels.
DATES: This rule is effective May 1, 2019. Sector operations plans and
regulatory exemptions are effective through April 30, 2021. Northeast
multispecies annual catch entitlements for sectors are effective
through April 30, 2020. The default catch limit for Eastern Georges
Bank cod is effective through July 31, 2019, or until the final rule
for Framework 58 is implemented if prior to July 31, 2019.
ADDRESSES: Copies of each sector's operations plan and contract, as
well as the programmatic environmental assessment for sectors
operations in fishing years 2015 to 2020, are available from the NMFS
Greater Atlantic Regional Fisheries Office (GARFO): Michael Pentony,
Regional Administrator, National Marine Fisheries Service, 55 Great
Republic Drive, Gloucester, MA 01930. These documents are also
accessible via the GARFO website: https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/.
FOR FURTHER INFORMATION CONTACT: Claire Fitz-Gerald, Fishery Management
Specialist, (978) 281-9255.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Multispecies Fishery Management Plan (FMP) defines a
sector as ``[a] group of persons (three or more persons, none of whom
have an ownership interest in the other two persons in the sector)
holding limited access vessel permits who have voluntarily entered into
a contract and agree to certain fishing restrictions for a specified
period of time, and which has been granted a TAC(s) [sic] in order to
achieve objectives consistent with applicable FMP goals and
objectives.'' Sectors are self-selecting, meaning each sector can
choose its members.
The Northeast multispecies sector management system allocates a
portion of the Northeast multispecies stocks to each sector. These
annual sector allocations are known as annual catch entitlements (ACE)
and are based on the collective fishing history of a sector's members.
Sectors receive allocations of large-mesh Northeast multispecies stocks
with the exception of Atlantic halibut, windowpane flounder, Atlantic
wolffish, and ocean pout, which are non-allocated species managed under
separate effort controls. ACEs are portions of a stock's annual catch
limit (ACL) available to commercial Northeast multispecies vessels. A
sector determines how to harvest its ACE.
Because sectors elect to receive an allocation under a quota-based
system, the FMP grants sector vessels several ``universal'' exemptions
from the FMP's effort controls. These universal exemptions apply to:
Trip limits on allocated stocks; Northeast multispecies days-at-sea
(DAS) restrictions; the requirement to use a 6.5-inch (16.5-cm) mesh
codend when fishing with selective gear on Georges Bank (GB); portions
of the Gulf of Maine (GOM) Cod Protection Closures; and the at-sea
monitoring (ASM) coverage requirement for sector vessels fishing
exclusively in the Southern New England (SNE) and Inshore GB Broad
Stock Areas (BSA) with extra-large mesh gillnets (10-inch [25.4-cm] or
greater). The FMP prohibits sectors from requesting exemptions from
permitting restrictions, gear restrictions designed to minimize habitat
impacts, and most reporting requirements.
In addition to the approved sectors, there are several state-
operated permit banks, which receive allocations based on the history
of the permits held by the states. The final rule implementing
Amendment 17 to the FMP allowed a state-operated permit bank to receive
an allocation without needing to comply with the administrative and
procedural requirements for sectors (77 FR 16942; March 23, 2012).
Instead, permit banks are required to submit a list of participating
permits to us, as specified in the permit bank's Memorandum of
Agreement, to determine the ACE allocated to the permit bank. These
allocations may be leased to fishermen enrolled in sectors. Although
state-operated permit banks are no longer approved through the sector
approval process, they are included in this discussion of allocations
because they contribute to the total allocation under the sector
system.
We received operations plans and preliminary contracts for fishing
years 2019 and 2020 from 20 sectors. In the proposed rule, we proposed
to approve 20 sectors, 19 of which were previously approved to operate
in the groundfish fishery and 1 newly proposed sector. After the
proposed rule published, four sectors (Northeast Fishery Sector 1,
Northeast Fishery Sector 3, Northeast Coastal Communities Sector, and
GB Cod Hook Gear Sector) withdrew their operations plans from
consideration. Consequently, this final rule approves fishing year 2019
and 2020 operations plans and contracts for 16 sectors, including 1 new
sector. It also allocates ACE to these 16 sectors based on their
preliminary fishing year 2019 sector rosters and the fishing year 2019
specifications in Framework Adjustment 57 to the Northeast Multispecies
FMP. Copies of the operations plans and contracts, and the
environmental assessment (EA), are available (see ADDRESSES).
Default Catch Limits for Fishing Year 2019
Last year, Framework 57 set fishing year 2019 catch limits for all
groundfish stocks (83 FR 18985; May 1, 2018). The 2019 catch limits for
most stocks remain the same as, or similar to, 2018 limits. Framework
57 did not, however, specify a 2019 catch limit for Eastern GB cod.
Eastern GB cod is a management unit of the GB cod stock that is jointly
managed with Canada, and the shared quota is set annually.
This year, in Framework 58, the Council adopted revised 2019 catch
limits for GB cod, GB haddock, GB yellowtail, witch flounder, GB winter
flounder, GOM winter flounder, and Atlantic halibut. Due to the 35-day
partial Federal government shutdown resulting from a lapse in
appropriations, there will be a delay in the rulemaking process for
Framework 58, and it will
[[Page 17917]]
not be possible to implement these revised catch limits by May 1, 2019.
As a result, the sector and common pool allocations in this rule
are based on the 2019 catch limits set in Framework 57 and preliminary
2019 fishing year sector rosters (Table 1). If Framework 58 is
approved, the 2019 catch limits for GB cod, GB haddock, GB yellowtail,
witch flounder, GB winter flounder, GOM winter flounder, and Atlantic
halibut will change. This rule also sets a default catch limit for
Eastern GB cod. The groundfish regulations require default catch limits
for any stock for which final specifications are not in place by the
beginning of the fishing year on May 1. The FMP's default
specifications provision sets catch at 35 percent of the previous
year's (2018) catch limits beginning on May 1 through July 31, unless
replaced by specifications set by Framework 58.
In Framework 58, the Council recommended a total ACL of 103 mt for
GB yellowtail flounder in fishing year 2019. This is a 64-percent
decrease from the fishing year 2019 ACL previously set in Framework 57,
and a 50-percent decrease from the fishing year 2018 ACL. The Council
also revised the fishing year 2019 ACL for GB cod to 1,741 mt. This a
14-percent increase from the fishing year 2018 ACL, but a 20-percent
decrease from the fishing year 2019 ACL previously set in Framework 57.
The adjustments are based on the recommendation of the Transboundary
Management Guidance Committee, which is the joint U.S./Canada
management body that meets annually to recommend shared quotas for the
three transboundary stocks. These recommendations will be further
discussed in the Framework 58 rule. We are highlighting these changes
in this rule because the GB yellowtail flounder and GB cod ACE
allocated to sectors in this rule are based on the higher 2019 catch
limits previously approved in Framework 57. If the Council's
recommended catch limits become final with no changes, ACE for these
stocks will be reduced when Framework 58 is implemented.
Framework 58 would also adjust the GOM cod catch limits for
commercial groundfish vessels. The sector sub-ACL for GOM cod would be
reduced by 28.8 mt for fishing year 2019. This adjustment is required
because the total ACL was exceeded in fishing year 2017. Therefore,
sectors' ACE would be reduced when Framework 58 is implemented compared
to their May 1 allocations.
Table 1--Northeast Multispecies Catch Limits for 2019
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary Preliminary Midwater Small- State
Stock Total Groundfish sector sub- common pool Recreational trawl Scallop mesh waters sub- Other sub-
ACL sub-ACL ACL sub-ACL sub-ACL fishery fishery fisheries component component
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod............................................................. 1,519 1,360 1,316 44 ............ ........... ......... ......... 16 143
GOM Cod............................................................ 666 610 379 11 220 ........... ......... ......... 47 9
GB Haddock......................................................... 46,312 44,659 43,996 663 ............ 680 ......... ......... 487 487
GOM Haddock........................................................ 11,803 11,506 8,218 94 3,194 116 ......... ......... 91 91
GB Yellowtail Flounder............................................. 291 239 232 7 ............ ........... 47 6 0 0
SNE/MA Yellowtail Flounder......................................... 66 32 26 6 ............ ........... 15 ......... 2 17
CC/GOM Yellowtail Flounder......................................... 490 398 378 20 ............ ........... ......... ......... 51 41
American Plaice.................................................... 1,532 1,467 1,437 31 ............ ........... ......... ......... 32 32
Witch Flounder..................................................... 948 849 831 18 ............ ........... ......... ......... 40 60
GB Winter Flounder................................................. 787 731 701 30 ............ ........... ......... ......... 0 57
GOM Winter Flounder................................................ 428 357 339 17 ............ ........... ......... ......... 67 4
SNE/MA Winter Flounder............................................. 700 518 447 71 ............ ........... ......... ......... 73 109
Redfish............................................................ 11,208 10,972 10,918 53 ............ ........... ......... ......... 118 118
White Hake......................................................... 2,794 2,735 2,715 20 ............ ........... ......... ......... 29 29
Pollock............................................................ 38,204 37,400 37,159 242 ............ ........... ......... ......... 402 402
N. Windowpane Flounder............................................. 86 63 ........... 63 ............ ........... 18 ......... 2 3
S. Windowpane Flounder............................................. 457 53 ........... 53 ............ ........... 158 ......... 28 218
Ocean Pout......................................................... 120 94 ........... 94 ............ ........... ......... ......... 3 23
Atlantic Halibut................................................... 100 77 ........... 77 ............ ........... ......... ......... 21 2
Atlantic Wolffish.................................................. 84 82 ........... 82 ............ ........... ......... ......... 1 1
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Catch limit will be replaced when the final rule for Framework 58 becomes effective.
Formation of a New Sector
This action approves the formation of a new sector, Mooncusser
Sector, for operation beginning in the 2019 fishing year. Allocations
for the Mooncusser Sector are included in Tables 3 and 4 based on
sector enrollment information submitted by the March 8 roster deadline.
All permits enrolled in this sector, and the vessels associated with
those permits, have until April 30, 2019, to withdraw from the sector
and fish in the common pool for the 2019 fishing year.
Sector Allocations
This rule allocates ACE to sectors based on preliminary sector
rosters submitted by the March 8 roster deadline and the fishing year
2019 catch limits established in Framework 57. Any permits that change
ownership after December 1, 2018, retain the ability to join a sector
through April 30, 2019. All permits enrolled in a sector, and the
vessels associated with those permits, have until April 30, 2019, to
withdraw from a sector and fish in the common pool for fishing year
2019, although sectors may set a more restrictive deadline for their
members. For fishing year 2020, we will set similar roster deadlines.
Permit holders can make the decision to enroll in a sector on an annual
basis, independent of the sector operations plans biannual cycle.
We calculate the sector's allocation for each stock by summing its
members' potential sector contributions (PSC) for a stock and then
multiplying that total percentage by the available commercial sub-ACL
for that stock. Table 2 shows the preliminary cumulative fishing year
2019 PSC by stock for each sector for fishing year 2019. Tables 3 and 4
show the initial allocations that each sector will be allocated, in
pounds and metric
[[Page 17918]]
tons, respectively, for fishing year 2019 based on their preliminary
fishing year 2019 rosters. At the start of the 2019 fishing year we
provide final allocations, to the nearest pound, to each sector based
on their final May 1 rosters. We use these final allocations, along
with any adjustments, such as for ACE transfers or increases for
carryover from fishing year 2018, to monitor sector catch. We have
included the common pool sub-ACLs in tables 2 through 4 for comparison.
We do not assign a separate PSC for Eastern GB cod or Eastern GB
haddock; instead, we assign each permit a PSC for the GB cod stock and
GB haddock stock. Each sector's GB cod and GB haddock allocations are
then divided into an Eastern ACE and a Western ACE, based on each
sector's percentage of the GB cod and GB haddock ACLs. For example, if
a sector is allocated 4 percent of the GB cod ACL and 6 percent of the
GB haddock ACL, the sector is allocated 4 percent of the commercial
Eastern U.S./Canada Area GB cod total allowable catch (TAC) and 6
percent of the commercial Eastern U.S./Canada Area GB haddock TAC as
its Eastern GB cod and haddock ACEs. These amounts are then subtracted
from the sector's overall GB cod and haddock allocations to determine
its Western GB cod and haddock ACEs. A sector may only harvest its
Eastern GB cod and haddock ACEs in the Eastern U.S./Canada Area, but
may ``convert,'' or transfer, its Eastern GB cod or haddock allocation
into Western GB allocation and fish that converted ACE outside the
Eastern GB area.
At the start of fishing year 2019, we withhold 20 percent of each
sector's fishing year 2019 allocation until we finalize fishing year
2018 catch information. We expect to finalize 2018 catch information in
summer 2019. We will allow sectors to transfer fishing year 2018 ACE
for 2 weeks upon our completion of year-end catch accounting to reduce
or eliminate any fishing year 2018 overages. If necessary, we will
reduce any sector's fishing year 2019 allocation to account for a
remaining overage in fishing year 2018. We will follow the same process
for fishing year 2020. For both fishing years 2019 and 2020, we will
notify the Council and sector managers of the ACE transfer deadline in
writing and announce our final ACE determination on our website at:
http://www.greateratlantic.fisheries.noaa.gov/.
BILLING CODE 3510-22-P
[[Page 17919]]
[GRAPHIC] [TIFF OMITTED] TR26AP19.001
[[Page 17920]]
[GRAPHIC] [TIFF OMITTED] TR26AP19.002
[[Page 17921]]
[GRAPHIC] [TIFF OMITTED] TR26AP19.003
[[Page 17922]]
BILLING CODE 3510-22-C
Sector Operations Plans and Contracts
We previously proposed to approve 20 sector operations plans and
contracts for fishing years 2019 and 2020. After the proposed rule
published, four sectors withdrew their operations plans from
consideration. Consequently, this final rule approves fishing year 2019
and 2020 operations plans and contracts for 16 sectors. In order to
approve a sector's operations plan for fishing years 2019 and 2020, we
consider whether each sector's plan is consistent with regulatory
requirements and FMP objectives, and whether the sector has been
compliant with reporting requirements from previous years, including
the year-end reporting requirements found at Sec. 648.87(b)(1)(vi)(C).
Approved operations plans, provided on our website as a single document
for each sector, not only contain the rules under which each sector
would fish, but also provide the legal contract that binds each member
to the sector for the length of the sector's operations plan. Each
sector's operations plan, and each sector's members, must comply with
the regulations governing sectors, found at Sec. 648.87. In addition,
each sector must conduct fishing activities as detailed in its approved
operations plan.
Participating vessels are required to comply with all pertinent
Federal fishing regulations, except as specifically exempted in the
letter of authorization (LOA) issued by the Regional Administrator,
which details any approved sector exemptions from the regulations. If,
during a fishing year, or between fishing years 2019 and 2020, a sector
requests an exemption that we have already granted, or proposes a
change to administrative provisions, we may amend the sector operations
plans. Should any such amendments require modifications to LOAs, we
would include these changes in updated LOAs and provide them to the
appropriate sectors.
As in previous years, we retain the right to revoke exemptions in-
season if: We determine that the exemption jeopardizes management
measures, objectives, or rebuilding efforts; the exemption results in
unforeseen negative impacts on other managed fish stocks, habitat, or
protected resources; the exemption causes enforcement concerns; catch
from trips using the exemption cannot adequately be monitored; or a
sector is not meeting certain administrative or operational
requirements. If it becomes necessary to revoke an exemption, we will
do so through a process consistent with the Administrative Procedure
Act.
Each sector is required to ensure that it does not exceed its ACE
during the fishing year. Sector vessels are required to retain all
legal-sized allocated Northeast multispecies stocks, unless a sector is
granted an exemption allowing its member vessels to discard legal-sized
unmarketable fish at sea. Catch (defined as landings and discards) of
all allocated Northeast multispecies stocks by a sector's vessels count
against the sector's allocation. Groundfish catch from a sector trip
targeting non-groundfish species would be deducted from the sector's
ACE because these are groundfish trips using gear capable of catching
groundfish. Catch from a non-sector trip in an exempted fishery does
not count against a sector's allocation and is assigned to a separate
ACL sub-component to account for any groundfish bycatch that occurs in
non-groundfish fisheries.
Each sector contract details the method for initial ACE sub-
allocations to sector members. For fishing years 2019 and 2020, each
sector has proposed that each active sector member could harvest an
amount of fish equal to the amount each individual member's permit
contributed to the sector, as modified by the sector for reserves or
other management measures. Each sector operations plan submitted for
fishing years 2019 and 2020 states that the sector would withhold an
initial reserve from the sector's ACE sub-allocation to each individual
member to prevent the sector from exceeding its ACE. A sector and
sector members can be held jointly and severally liable for ACE
overages, discarding legal-sized fish, and/or misreporting catch
(landings or discards). Each sector contract provides procedures for
enforcement of the sector's rules, explains sector monitoring and
reporting requirements, provides sector managers with the authority to
issue stop fishing orders to sector members who violate provisions of
the operations plan and contract, and presents a schedule of penalties
that managers may levy for sector plan violations.
Sectors are required to monitor their allocations and catch. To
help ensure that a sector does not exceed its ACE, each sector
operations plan explains sector monitoring and reporting requirements,
including a requirement to submit weekly catch reports to us. If a
sector reaches an ACE threshold (specified in the operations plan), the
sector must provide us with sector allocation usage reports on a daily
basis. Once a sector's allocation for a particular stock is caught,
that sector is required to cease all sector fishing operations in that
stock area until it acquires more ACE, likely by an ACE transfer
between sectors. Within 60 days of when we complete year-end catch
accounting, each sector is required to submit an annual report
detailing the sector's catch (landings and discards), enforcement
actions, and pertinent information necessary to evaluate the
biological, economic, and social impacts of each sector.
At-Sea Monitoring
Sectors are responsible for the at-sea portion of costs associated
with the sector ASM program, even in years when Federal reimbursement
funds are available, and for designing, implementing, and funding an
ASM program that will provide the level of ASM coverage specified
annually. We are required to specify a level of ASM coverage using a
process described in Framework 55 (81 FR 26412; May 2, 2016) that
provides a reliable estimate of overall catch by sectors needed for
monitoring ACEs and ACLs while minimizing the cost burden to sectors
and NMFS to the extent practicable. Using this method, NMFS has
determined that the total appropriate target coverage level for fishing
year 2019 is 31 percent of eligible sector trips, up from 15 percent
required for fishing year 2018. We will use discards derived from these
observed and monitored trips to calculate and apply discards to
unobserved sector trips. We have published a more detailed summary of
the supporting information, explanation, and justification for this
decision at: http://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/Sectors/ASM/FY2019_Multispecies_Sector_ASM_Requirements_Summary.pdf.
In fishing years 2010 and 2011, we funded an ASM program with a
target ASM coverage level of 30 percent of all trips. In addition, we
provided 8-percent observer coverage through the Northeast Fishery
Observer Program (NEFOP), which helps to support the Standardized
Bycatch Reporting Methodology (SBRM) and stock assessments. This
resulted in an overall target coverage level of 38 percent for fishing
years 2010 and 2011, from the combined ASM and NEFOP. Beginning in
fishing year 2012, we have conducted an annual analysis to determine
the total target coverage level. Table 5 depicts the annual target
coverage levels. Industry has been required to pay for their ASM
coverage costs since 2012, while we continued to fund NEFOP coverage.
However, we were able to fund the industry's portion of ASM
[[Page 17923]]
costs in fishing years 2012 through most of 2015. Industry paid for
their portion of the ASM program beginning in March 2016. In June 2016,
after determining that the SBRM monitoring program could be fully
funded with additional funding remaining, we announced that we had
funds available to offset some of industry's costs of the groundfish
ASM program in 2016. We reimbursed sectors for 85 percent of their ASM
costs for 10 months of the 2016 fishing year, distributed through a
grant by the Atlantic States Marine Fisheries Commission. In fishing
year 2017, using leftover funds from the 2016 grant, we reimbursed
sectors for approximately 85 percent of industry costs in fishing year
2017.
Table 5--Historic Target Coverage Level for Monitoring
----------------------------------------------------------------------------------------------------------------
Total target ASM target NEFOP target
Fishing year coverage level coverage level coverage level
(percent) (percent) (percent)
----------------------------------------------------------------------------------------------------------------
2010............................................................ 38 30 8
2011............................................................ 38 30 8
2012............................................................ 25 17 8
2013............................................................ 22 14 8
2014............................................................ 26 18 8
2015............................................................ 16 12 4
2016............................................................ 14 10 4
2017............................................................ 16 8 8
2018............................................................ 15 10 5
----------------------------------------------------------------------------------------------------------------
In fiscal years 2018 and 2019, Congress appropriated $10.3 million
for groundfish at-sea monitoring. With Congressionally appropriated
funds, we were able to fully reimburse industry costs in fishing year
2018, and we will continue to reimburse 100 percent of industry's ASM
costs for fishing year 2019. As in previous years, sectors will
contract directly with ASM service providers and reimbursements will be
distributed through a grant administered by the Commission.
Sectors submitted draft operations plans in October 2018, which
included industry-funded ASM plans to be used for fishing year 2019. As
in previous years, we gave sectors the option to design their own
programs in compliance with regulations, or elect to adopt the NMFS-
designed ASM program that we have used in previous fishing years. As in
past years, several sectors chose to adopt the NMFS-designed program
while others proposed programs of their own design. Lease-only sectors
will not be active in the fishery and are not required to submit
industry-funded ASM plans. Sector-designed ASM programs for fishing
years 2019 and 2020 were similar to those approved in past years. We
reviewed all sector-proposed ASM programs for consistency with ASM
requirements and have approved them.
Sustainable Harvest Sectors 1, 2, and 3, GB Cod Fixed Gear Sector,
Maine Coast Community Sector, and Northeast Fishery Sectors 5, 10, 11,
and 13 will use the ASM program that was developed by NMFS. We are
approving this program for these sectors because it is consistent with
goals and objectives of monitoring and regulatory requirements. Sectors
that operate only as permit banks, and explicitly prohibit fishing in
their operations plans, are not required to include provisions for an
ASM program.
We are approving the ASM programs proposed by the remaining five
active sectors, NEFS 2, 6, 7, 8, and 12, which state that they will:
Contract with a NMFS-approved ASM provider; meet the specified coverage
level; and utilize the PTNS for random selection of monitored trips and
notification to providers. These ASM programs also include additional
protocols for ASM coverage waivers, incident reporting, and safety
requirements for their sector managers and members. We have determined
that the programs are consistent with the goals and objectives of at-
sea monitoring and regulatory requirements.
In fishing year 2018, a number of sectors have realized ASM
coverage levels below the target coverage level. Since this issue
became known during the fishing year, we have been working with the
sectors and approved service providers to increase coverage levels.
Sectors have been proactive in their efforts to correct the issue.
Sectors with low ASM coverage levels have participated in monthly
monitoring calls with the Northeast Fisheries Science Center staff and
service providers to develop strategies for increasing coverage;
conducted targeted outreach with sector members to improve their
understanding of ASM requirements; and submitted monthly reports to us
documenting their efforts. Two sectors contracted with an additional
service provider in an effort to increase the number of monitors
available to them to provide coverage. Service providers are also
working to improve coverage levels. The Northeast Fisheries Science
Center held an ASM cross-training certification course in October 2018
and a full ASM certification course in December 2018 to help service
providers increase their staffing levels and, ultimately, support
higher levels of ASM deployment. All four approved providers sent staff
to these certification courses. Increased staffing levels are expected
to help providers meet ASM contract requirements. We will continue to
work with sectors and service providers throughout the remainder of the
year to increase coverage levels for 2018, and to ensure they meet the
specified coverage target in 2019.
Granted Exemptions for Fishing Years 2019 and 2020
Previously Granted Exemptions Granted for Fishing Years 2019 and 2020
(1-19)
We are granting exemptions from the following requirements for
fishing years 2019 and 2020, all of which have been requested and
granted in previous years: (1) 120-day block out of the fishery
required for Day gillnet vessels; (2) 20-day spawning block out of the
fishery required for all vessels; (3) limits on the number of gillnets
for Day gillnet vessels outside the GOM; (4) prohibition on a vessel
hauling another vessel's gillnet gear; (5) limits on the number of
gillnets that may be hauled on GB when fishing under a Northeast
multispecies/monkfish DAS; (6) limits on the number of hooks that may
be fished; (7) DAS Leasing Program length and horsepower restrictions;
(8) prohibition on discarding; (9) gear requirements in the Eastern
U.S./Canada Management Area; (10) prohibition on a vessel hauling
[[Page 17924]]
another vessel's hook gear; (11) the requirement to declare an intent
to fish in the Eastern U.S./Canada Special Access Program (SAP) and the
Closed Area (CA) II Yellowtail Flounder/Haddock SAP prior to leaving
the dock; (12) seasonal restrictions for the Eastern U.S./Canada
Haddock SAP; (13) seasonal restrictions for the CA II Yellowtail
Flounder/Haddock SAP; (14) sampling exemption; (15) 6.5-inch (16.5-cm)
minimum mesh size requirement for trawl nets to allow a 5.5-inch (12.7-
cm) codend on directed redfish trips; (16) prohibition on combining
small-mesh exempted fishery and sector trips in SNE; (17) extra-large
mesh requirement to target dogfish on trips excluded from ASM in SNE
and Inshore GB BSA; (18) requirement that Handgear A vessels carry a
Vessel Monitoring System (VMS) unit when fishing in a single broad
stock area; and (19) limits on the number of gillnets for Day gillnet
vessels in the GOM. A detailed description of the previously granted
exemptions and supporting rationale can be found in the applicable
final rules identified in Table 6 below.
Several exemptions available to sectors in previous fishing years
were rendered obsolete when the Omnibus Essential Fish Habitat
Amendment 2 went into effect (83 FR 15240; April 9, 2018). The
amendment removed the GB Seasonal Closure Area and Nantucket Lightship
Closed Area, and changed CA I from a year-round closed area to a
seasonal spawning closure. Consequently, sector exemptions pertaining
to these closed areas are no longer applicable. These exemptions
include: GB Seasonal Closure Area in May (previously a ``universal''
exemption); daily catch reporting by sector managers for vessels
participating in the CA I Hook Gear Haddock SAP; prohibition on fishing
inside and outside the CA I Hook Gear Haddock SAP while on the same
trip; and the prohibition on groundfish trips in Nantucket Lightship
Closed Area. Sectors did not request any of these exemptions for
fishing year 2019.
Table 6--Exemptions From Previous Fishing Years That Are Granted in Fishing Years 2019 and 2020
----------------------------------------------------------------------------------------------------------------
Exemptions Rulemaking Date of publication Citation
----------------------------------------------------------------------------------------------------------------
1-2, 4-9............... Fishing Year 2011 Sector April 25, 2011............... 76 FR 23076
Operations Final Rule.
10-11.................. Fishing Year 2012 Sector May 2, 2012.................. 77 FR 26129
Operations Final Rule.
12-14.................. Fishing Year 2013 Sector May 2, 2013.................. 78 FR 25591
Operations Interim Final
Rule.
3, 15-16............... Fishing Years 2015-2016 May 1, 2015.................. 80 FR 25143
Sector Operations Final
Rule.
17..................... Framework 55 Final Rule.. May 2, 2016.................. 81 FR 26412
18..................... Amendment 18 Final Rule.. April 21, 2017............... 82 FR 18706
19..................... Fishing Year 2018 Sector May 1, 2018.................. 83 FR 18965
Operations Final Rule.
----------------------------------------------------------------------------------------------------------------
Northeast Multispecies Federal Register documents can be found at http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/ sustainable/species/multispecies/.
Additional Sector Operations Plan Provisions
Inshore GOM Restrictions
Several sectors have proposed an operations plan provision to limit
and more accurately document a vessel's behavior when fishing in an
area they define as the inshore portion of the GOM BSA, or the area to
the west of 70[deg]15' W long. As in previous years, we are approving
this provision, but note that a sector may elect to remove this
provision in the final version of its operations plan, and it is not a
requirement under NMFS regulations.
Under this provision, a vessel that is carrying an observer or at-
sea monitor would remain free to fish in all areas, including the
inshore GOM area, without restriction. If a vessel is not carrying an
observer or at-sea monitor and fishes any part of its trip in the GOM
west of 70[deg]15' W long., the vessel would be prohibited from fishing
outside of the GOM BSA. Also, if a vessel is not carrying an observer
or at-sea monitor and fishes any part of its trip outside the GOM BSA,
this provision would prohibit a vessel from fishing west of 70[deg]15'
W long. within the GOM BSA. The approved provision includes a
requirement that a vessel declare whether it intends to fish in the
inshore GOM area through the trip start hail using its VMS unit prior
to departure. We provide sector managers with the ability to monitor
this provision through the Sector Information Management Module, a
website where we also provide roster, trip, discard, and observer
information to sector managers. A sector vessel may use a federally
funded NEFOP observer or at-sea monitor on these trips because we
believe it will not create bias in coverage or discard estimates, as
fishing behavior is not expected to change as a result of this
provision.
Prohibition on a Vessel Hauling Another Vessel's Trap Gear To Target
Groundfish
Several sectors have requested a provision to allow a vessel to
haul another vessel's fish trap gear, similar to the current exemptions
that allow a vessel to haul another vessel's gillnet gear or hook gear.
These exemptions have generally been referred to as ``community'' gear
exemptions. Regulations at Sec. 648.84(a) require a vessel to mark all
bottom-tending fixed gear, which would include fish trap gear used to
target groundfish. To facilitate enforcement of this regulation, we are
requiring that any community fish trap gear be tagged by each vessel
that plans to haul the gear, similar to how this sector operations plan
provision was implemented in fishing years 2014 through 2018. This
allows one vessel to deploy the trap gear and another vessel to haul
the trap gear, provided both vessels tag the gear prior to deployment.
This requirement is included in the sector's operations plan to provide
the opportunity for the sector to monitor the use of this provision and
facilitate the Office of Law Enforcement and the U.S. Coast Guard's
enforcement of the marking requirement.
Comments and Responses
We received a total of five comments from: Northeast Sector Service
Network (NESSN); Environmental Defense Fund (EDF); two members of the
fishing industry; and one comment from a member of the public. Only
comments related to the proposed measures are addressed below.
Allocations
Comment 1: Two individuals provided comments pertaining to quota
allocations. One commenter argued that industry harvests more fish than
allowed and, therefore, all quotas should be reduced by 50 percent. The
other commenter asked NMFS to allocate quotas regionally to ensure that
overfishing does not occur on genetically distinct segments of the
population. This commenter was also
[[Page 17925]]
concerned about the potential impacts quota allocations may have on the
recreational fishery.
Response: This rulemaking does not set fishing year 2019 annual
catch limits for the groundfish fishery. This action approves sector
operations plans for fishing years 2019 and 2020, and distributes ACE
to groundfish sectors based on ACLs developed by the New England
Fishery Management Council and implemented in Framework 57 to the FMP.
The ACLs are set to prevent overfishing, rebuild overfished stocks,
achieve optimum yield, and ensure that management measures are based on
the best scientific information available. Some groundfish species are
managed as single unit stocks (e.g., witch flounder, white hake),
whereas others are managed in distinct sub-groups by region (e.g., GOM
cod, SNE/MA yellowtail flounder), based on our understanding of each
species' populations dynamics. Quota is allocated at a stock-level.
This action does not allocate quota to the commercial and recreational
fisheries; fishing year 2019 allocations are developed in a separate
rulemaking.
Sector Operations Plans and Exemptions
Comment 2: NESSN supports approval of fishing year 2019 and 2020
sector operations plans for NEFS 2, 4, 6, 7, 8, and 12.
Response: This rule approves fishing year 2019 and 2020 sector
operations plans for NEFS 2, 4, 6, 7, 8, and 12, as proposed.
Comment 3: NESSN supports approval of all the regulatory exemptions
as proposed.
Response: This rule approves all 19 regulatory exemptions as
described in the proposed rule.
Comment 4: NESSN states that NEFS 1 and 3 opted not to operate in
fishing year 2019, but that these sectors may seek approval for fishing
year 2020.
Response: This final rule approves fishing year 2019 and 2020
sector operations plans submitted by 16 groundfish sectors. As
described in the regulations, sectors that opted not to operate in
fishing year 2019, but wish to be considered for approval for fishing
year 2020 must submit an operations plan and preliminary contract to
the Regional Administrator no later than September 1, 2019. We will
notify sectors of this as we approach the deadline.
At-Sea Monitoring
Comment 5: We received several comments on the low realized ASM
coverage levels in fishing year 2018. NESSN recommended that NMFS take
each sector's corrective actions into account when considering whether
to approve their operations plans. A member of the fishing industry
inquired as to whether NMFS was assured that sectors had done
everything possible to meet the target ASM coverage level. EDF
recommended that NMFS not approve sector operations plans for fishing
years 2019 and 2020 until and unless the plans were revised to include
improvements to the monitoring plans, particularly for sectors that had
failed to meet the fishing year 2018 ASM coverage level. EDF also
requested that NMFS describe the corrective actions taken by sectors
and NMFS in fishing year 2018 to increase sectors' ASM coverage levels.
Response: The issue of low ASM coverage levels for some groundfish
sectors first became apparent partway through fishing year 2018. We
first notified sector managers of the issue at our in-person sector
manager meeting on September 5, 2018. We then sent letters to each of
the sectors, which we shared with the Council and ASM service
providers, on September 25, 2018. Since that time, sectors and ASM
service providers have made a concerted effort to improve their ASM
coverage levels, and the overall sector ASM coverage has meaningfully
increased.
Sectors have participated in monthly monitoring calls with NMFS and
ASM service providers to develop strategies for increasing coverage;
conducted targeted outreach with sector members to improve their
understanding of ASM requirements; and submitted regular reports to
NMFS documenting their efforts. Two sectors contracted with an
additional service provider in an effort to increase the number of
monitors available to them to provide coverage. The Northeast Fisheries
Science Center held an ASM cross-training certification course in
October 2018 and a full ASM certification course in December 2018 to
help service providers increase their staffing levels and, ultimately,
support higher levels of ASM deployment. All four approved providers
sent staff to these certification courses.
In September 2018, the average sector ASM coverage level was just
under 8 percent, well below the 15 percent target level. As of March
20, 2019, the average sector ASM coverage level is approximately 13
percent, and several sectors have ASM coverage levels at or above the
target level. For a variety of reasons, some sectors will be unable to
achieve the target coverage level for fishing year 2018, and we
recognized these contributing factors in our September 2018
correspondence to sectors. For some sectors, the majority of fishing
effort occurs in the summer and little, if any, fishing effort takes
place during the remainder of the year; other sectors have vessels
operating under special circumstances (e.g., exempted fishing permits)
that require NMFS to exclude them from observer coverage calculations;
and still others had compliance issues related to the call-in and
notification requirements associated with the Extra-Large Mesh Gillnet
Option approved in Framework 55, which inflated the estimate of
groundfish trips that ostensibly required coverage, but would not have
if the trip was properly reported.
When considering approval of these sectors for fishing years 2019
and 2020, we took into consideration the trajectory of each sector's
ASM coverage level, whether any of these extenuating circumstances
applied, and what, if any, efforts were made by the sector to improve
its ASM coverage level. Given this, we made the decision to approve
these sector operations plans for fishing years 2019 and 2020. However,
we expect sectors to continue to address any outstanding issues
contributing to low coverage and meet the ASM target coverage level for
fishing year 2019. We retain the right to withdraw approval of a
sector's operations plan in the future if we determine that it has
taken insufficient steps to address these issues for fishing year 2019.
Comment 6: EDF also stated that NMFS should require higher levels
of monitoring prior to approving sector operations plans for fishing
years 2019 and 2020.
Response: Each year, NOAA Fisheries sets the target ASM coverage
level for groundfish sectors for the coming fishing year that is
necessary to meet the required precision standard, a coefficient of
variation of 30 percent (CV30) or better at the overall stock level,
for each groundfish stock. For fishing year 2019, we have determined
that sectors will be required to have monitors on 31 percent of
groundfish trips, up from the 15 percent required for 2018. The Council
is currently working on Amendment 23, which could affect how coverage
levels are set and how coverage is distributed in the future.
Changes From the Proposed Rule
In the proposed rule, we considered approving 20 sectors for
fishing years 2019 and 2020, however, several sectors withdrew their
operations plans from consideration after the proposed rule published.
As a result, this final rule approves and allocates ACE to 16 sectors.
The allocations published in the
[[Page 17926]]
proposed rule were based on final fishing year 2018 sectors rosters
because we had not yet received preliminary rosters for the 2019
fishing year. The preliminary sector roster deadline for fishing year
2019 was March 8, 2019. The ACE allocated to each sector has been
updated in the final rule to reflect preliminary sector enrollment for
the 2019 fishing year. There are no other changes from the proposed
measures.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has determined that this final rule is
consistent with 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.
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 NMFS Assistant Administrator finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in effectiveness so that this final
rule may become effective May 1, 2019. If this action is not
implemented by the start of the 2019 fishing year on May 1, 2019,
sectors would not be approved to operate and, therefore, sector vessels
would be unable to fish. Sector vessels would be prohibited from
fishing for groundfish until this rule was effective. This would result
in significant negative economic impacts.
Sector exemptions provide additional operational flexibility and
efficiencies for Northeast multispecies sector vessels. These
exemptions provide vessels with flexibility in choosing when to fish,
how long to fish, what species to target, and how much catch they may
land on any given trip. A delay in implementing this action would
forego the flexibility and economic efficiency that sector exemptions
are intended to provide. Further, sector vessels could only fish during
this delay if they chose to fish in the common pool. Vessels choosing
to fish in the common pool to avoid a 30-day delay could not return to
a sector for the entire fishing year and would forego the increased
flexibility and efficiencies offered by sectors for the fishing year.
For all of these reasons outlined above, good cause exists to waive the
otherwise applicable requirement to delay implementation of this rule
for a period of 30 days.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) during the proposed rule stage that this action
would not have a significant economic impact on a substantial number of
small entities. The factual basis for this certification was published
in the proposed rule and is not repeated here. No comments were
received regarding this certification. As a result, a regulatory
flexibility analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: April 22, 2019.
Patricia A. Montanio,
Acting 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. 648.87, revise paragraph (d) to read as follows:
Sec. 648.87 Sector allocation.
* * * * *
(d) Approved sector allocation proposals. Eligible NE multispecies
vessels, as specified in paragraph (a)(3) of this section, may
participate in the sectors identified in paragraphs (d)(1) through (26)
of this section, provided the operations plan is approved by the
Regional Administrator in accordance with paragraph (c) of this section
and each participating vessel and vessel operator and/or vessel owner
complies with the requirements of the operations plan, the requirements
and conditions specified in the letter of authorization issued pursuant
to paragraph (c) of this section, and all other requirements specified
in this section. All operational aspects of these sectors shall be
specified pursuant to the operations plan and sector contract, as
required by this section.
(1) GB Cod Hook Sector.
(2) GB Cod Fixed Gear Sector.
(3) Mooncusser Sector.
(4) Sustainable Harvest Sector.
(5) Sustainable Harvest Sector II.
(6) Sustainable Harvest Sector III.
(7) Port Clyde Community Groundfish Sector.
(8) Northeast Fishery Sector I.
(9) Northeast Fishery Sector II.
(10) Northeast Fishery Sector III.
(11) Northeast Fishery Sector IV.
(12) Northeast Fishery Sector V.
(13) Northeast Fishery Sector VI.
(14) Northeast Fishery Sector VII.
(15) Northeast Fishery Sector VIII.
(16) Northeast Fishery Sector IX.
(17) Northeast Fishery Sector X.
(18) Northeast Fishery Sector XI.
(19) Northeast Fishery Sector XII.
(20) Northeast Fishery Sector XIII.
(21) Tristate Sector.
(22) Northeast Coastal Communities Sector.
(23) State of Maine Permit Banking Sector.
(24) State of Rhode Island Permit Bank Sector.
(25) State of New Hampshire Permit Bank Sector.
(26) State of Massachusetts Permit Bank Sector.
* * * * *
[FR Doc. 2019-08440 Filed 4-25-19; 8:45 am]
BILLING CODE 3510-22-P