[Federal Register Volume 85, Number 81 (Monday, April 27, 2020)]
[Rules and Regulations]
[Pages 23229-23240]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08399]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200415-0112; RTID 0648-XX041]
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; 2020 Allocation of
Northeast Multispecies Annual Catch Entitlements and Modifications to a
Regulatory Exemption for Sectors
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
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SUMMARY: This rule makes allocations of annual catch entitlements to
groundfish sectors for the 2020 fishing year and also makes changes to
a previously approved regulatory exemption for sectors. The action is
necessary because sectors must receive allocations in order to operate.
This action is intended to ensure sector allocations are based on the
best scientific information available and to help achieve optimum yield
for the fishery.
DATES: This rule is effective May 1, 2020. Comments must be received on
or before May 27, 2020.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2020-0028, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0028, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Michael Pentony, Regional
Administrator, 55 Great Republic Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ``Comments on the 2020 Sector Rule.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
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.fisheries.noaa.gov/species/northeast-multispecies.
FOR FURTHER INFORMATION CONTACT: Kyle Molton, Fishery Management
Specialist, (978) 281-9236.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Multispecies Fishery Management Plan (FMP) defines a
groundfish sector as a group of persons holding limited access
Northeast multispecies permits who have voluntarily entered into a
contract and agreed to certain fishing restrictions for a specified
period of time. Under the FMP, these sectors are allocated a portion of
the allowable catch of each Northeast multispecies stock. Sectors are
self-selecting, meaning each sector can choose its members.
The Northeast multispecies (groundfish) sector management system
allocates a portion of available groundfish catch by stock to each
sector. Each sector's annual allocations are known as annual catch
entitlements (ACE) and are based on the collective fishing history of a
sector's members. The ACEs are a portion of a stock's annual catch
limit (ACL) available to commercial groundfish vessels in sectors. A
sector determines how to harvest its ACEs and may decide to limit
operations to fewer vessels. Atlantic halibut, windowpane flounder,
Atlantic wolffish, and ocean pout are not managed under the sector
system, and sectors do not receive allocations of these groundfish
species. With the exception of halibut that has a one-fish per vessel
trip limit, possession of these stocks is prohibited.
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
[[Page 23230]]
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 allows sectors to request additional
exemptions to increase flexibility and fishing opportunities but
prohibits sectors from requesting exemptions from permitting
restrictions, gear restrictions designed to minimize habitat impacts,
and most reporting requirements.
In addition to the sectors, there are several state-operated permit
banks, which receive allocation based on the fishing history of permits
that the state holds. The final rule implementing Amendment 17 to the
FMP allowed a state-operated permit bank to receive an allocation
without needing to comply with sector administrative and procedural
requirements (77 FR 16942; March 23, 2012). Instead, permit banks are
required to submit a list of permits to us, as specified in the permit
bank's Memorandum of Agreement between NMFS and the state. These
permits are not active vessels; instead, the allocations associated
with the permits may be leased to vessels enrolled in sectors. State-
operated permit banks contribute to the total allocation under the
sector system.
We approved 16 sectors to operate in fishing years 2019 and 2020
and also approved 19 requested exemptions for sectors (84 FR 17916;
April 26, 2019). Because all approved operations plans cover 2 fishing
years, approved sectors may continue operations in fishing year 2020.
Copies of the operations plans and contracts, and the environmental
assessment (EA), are available at: https://www.fisheries.noaa.gov/species/northeast-multispecies and from NMFS (see ADDRESSES). This
action makes 2020 allocations to sectors based on the specifications
set in Framework Adjustment 57 (83 FR 18985; May 1, 2018) and 58 (84 FR
34799; July 19, 2019) to the FMP. This action also makes several
changes to a previously approved regulatory exemption to increase
fishing opportunities for Acadian redfish.
Catch Limits for Fishing Year 2020
Previously Established Catch Limits
Framework 57 (83 FR 18985; May 1, 2018) and Framework 58 (84 FR
34799; July 19, 2019) previously set fishing year 2020 catch limits for
all groundfish stocks. The 2020 catch limits for most stocks remain the
same as, or similar, to 2019 limits. Framework 58 did not, however,
specify a 2020 catch limit for Eastern GB cod or Eastern GB haddock.
Eastern GB cod and haddock are management units of the GB cod and GB
haddock stocks that are jointly managed with Canada, and the shared
quota is set annually.
This year, in Framework 59, the Council adopted new or adjusted
fishing year 2020 catch limits for 19 of the 20 groundfish stocks based
on the 2019 stock assessments, as well as catch limits for Eastern GB
cod and Eastern GB haddock. We are working to publish a proposed rule
to request comments on the Framework 59 measures. Due to a remand of
four stocks back to the Council's Scientific and Statistical Committee,
the development and submission of Framework 59 was delayed, and it will
not be possible to implement final measures in time for May 1, 2020.
As a result, this rule announces the 2020 catch limits set in
Frameworks 57 and 58 that are effective on May 1, 2020, including
preliminary sector and common pool allocations based on 2020 rosters
submitted by sectors (Table 1). If Framework 59 is approved, the 2020
catch limits announced in this rule for all groundfish stocks, except
Atlantic wolffish, will change.
We are highlighting one example to frame the importance of these
changes for sectors. In Framework 59, the Council recommended a total
ACL of 116 mt for GB yellowtail flounder in fishing year 2020. This is
a 13-percent increase from the fishing year 2019 ACL set in Framework
58. However, it is 26-percent decrease from the fishing year 2020 ACL
previously set by Framework 58, because the quota set by Framework 58
did not take into account the portion that would be allocated to Canada
through shared management process
We are highlighting the differences for this stock because the GB
yellowtail flounder allocation in this rule is based on 2020 catch
limit previously approved in Framework 58 that is higher than the catch
limit that would be implemented under Framework 59. If Framework 59 is
approved, the final 2020 ACE for several stocks would be reduced from
the initial 2020 ACE that sectors receive. Thus, sectors must be sure
not to exceed the catch limits recommended in Framework 59 although at
the start of fishing year 2020 they may have sufficient quota to allow
fishing above this level. Any catch above Framework 59 quotas would
subject sectors to accountability measures applicable to each stock.
Default Catch Limits for Eastern GB Cod and Haddock
This rule also sets default catch limits for Eastern GB cod and
Eastern GB haddock, the only stocks that do not already have a catch
limit in place for fishing year 2020. The catch limits for these stocks
are based on recommendations of the Transboundary Management Guidance
Committee (along with GB yellowtail flounder), which is the joint U.S./
Canada management body that meets annually to recommend shared quotas
for the three transboundary stocks. The catch limits for Eastern GB cod
and haddock are set annually and are a portion of the total acceptable
biological catch for GB cod and haddock. The 2020 total allowable catch
(TAC) for Eastern GB cod and haddock and GB yellowtail will be included
in Framework 59. While Framework 58 set a 2020 ACL for GB yellowtail
flounder, it did not set 2020 catch limits for Eastern GB cod or
Eastern GB haddock, so these TAC's are not in place for the start of
the fishing year until Framework 59 is finalized. 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 (2019) catch, and the default catch
limits are in place from May 1 through July 31, or until the final rule
for Framework 59 is implemented if prior to July 31. To comply with
these regulations and minimize impacts on the fishery, we are setting
these default specifications (Table 2), which will prevent a
prohibition on fishing in the Eastern U.S./Canada Area due to a delay
in allocations by Framework 59. If Framework 59 is not in place on or
before July 31 under the regulations, these default allocations will
expire and all goundfishing in the eastern area will be prohibited.
[[Page 23231]]
Table 1--Initial 2020 Northeast Multispecies Catch Limits
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Preliminary Preliminary Midwater State
Stock Total Groundfish sector sub- common pool Recreational trawl Scallop Small-mesh waters sub- Other sub-
ACL sub-ACL ACL sub-ACL sub-ACL fishery fishery fisheries component component
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GB Cod **................... 1,741 1,568 1,514 54 .............. ......... ......... .......... 18 155
GOM Cod..................... 666 610 378 11 220 ......... ......... .......... 47 9
GB Haddock **............... 55,249 53,276 52,432 844 .............. 811 ......... .......... 581 581
GOM Haddock................. 9,626 9,384 6,700 78 2,605 95 ......... .......... 74 74
GB Yellowtail Flounder...... 157 129 125 4 .............. ......... 25 3 0 0
SNE/MA Yellowtail Flounder.. 66 31 25 6 .............. ......... 16 .......... 2 17
CC/GOM Yellowtail Flounder.. 490 398 377 21 .............. ......... ......... .......... 51 41
American Plaice............. 1,420 1,361 1,332 29 .............. ......... ......... .......... 30 30
Witch Flounder.............. 948 854 831 23 .............. ......... ......... .......... 40 55
GB Winter Flounder.......... 786 774 742 32 .............. ......... ......... .......... 0 12
GOM Winter Flounder......... 428 355 337 18 .............. ......... ......... .......... 67 7
SNE/MA Winter Flounder...... 700 518 444 74 .............. ......... ......... .......... 73 109
Redfish..................... 11,357 11,118 11,060 58 .............. ......... ......... .......... 119 119
White Hake.................. 2,794 2,735 2,714 21 .............. ......... ......... .......... 29 29
Pollock..................... 38,204 37,400 37,152 248 .............. ......... ......... .......... 402 402
N Windowpane Flounder....... 86 63 na 63 .............. ......... 18 .......... 2 3
S Windowpane Flounder....... 457 53 na 53 .............. ......... 158 .......... 28 218
Ocean Pout.................. 120 94 na 94 .............. ......... ......... .......... 3 23
Atlantic Halibut............ 100 75 na 75 .............. ......... ......... .......... 21 4
Atlantic Wolffish *......... 84 82 na 82 .............. ......... ......... .......... 1 1
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* Catch limits for all stocks except Atlantic wolffish will be replaced when the final rule for Framework 59 becomes effective.
** Eastern GB cod and haddock are management units of the GB cod and GB haddock stocks and make up a portion of the total ACL for each.
Table 2--2020 Default Catch Limits for Eastern GB Cod and Haddock
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2020 Default
Stock 2019 Commercial commercial sub-
sub-ACL (mt) ACL (mt)
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Eastern GB Cod.................... 189 66
Eastern GB Haddock................ 15,000 5,250
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Operations Plan Submissions
Annually, we solicit operations plan submissions for consideration
for approval; however, sectors already approved to operate in fishing
years 2019 and 2020 were not required to submit operations plans for
2020. We received an operations plan from one sector not previously
approved to operate in 2020, on behalf of the Georges Bank Cod Hook
Sector. However, prior to the development of this rule, the applicant
voluntarily withdrew the operations plan from further consideration. As
a result, we are not approving any additional sectors to operate in
fishing year 2020 beyond those previously approved.
Sector Allocations for Fishing Year 2020
This rule makes 2020 preliminary ACE allocations to all sectors
based on their 2020 roster submissions. The preliminary allocations
will be based on the ACL for each stock set in Frameworks 57 and 58.
Because sectors are operating under 2-year operations plans for fishing
years 2019 and 2020, these allocations would allow vessels enrolled in
sectors to operate under their existing operations plan, as approved.
Any changes in sector rosters prior to May 1 will be corrected in a
subsequent action, if needed; roster changes may result in significant
changes in sector allocations. All permits enrolled in a sector, and
the vessels associated with those permits, have until April 30, 2020,
to withdraw from a sector and fish in the common pool for fishing year
2020.
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 3 shows the total PSC for each sector by stock
for fishing year 2020. Tables 4 and 5 show the initial allocations that
each sector are being allocated, in pounds and metric tons,
respectively, for fishing year 2020. We provide the final allocations,
to the nearest pound, to each sector based on their final May 1
rosters. We will use these final allocations, along with later
adjustments for updated ACL's resulting from Framework 59, ACE
transfers, reductions for overages, or increases for carryover, to
monitor sector catch. The common pool sub-ACLs are also included in
each of these tables. The fishing year 2020 common pool sub-ACLs
initial sub-ACLs are being announced in this action, and are calculated
using the PSC of permits not enrolled in sectors. The common pool sub-
ACL is managed separately from sectors and does not contribute to
available ACE for leasing or harvest by sector vessels.
We do not assign a permit separate PSCs for the 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, the
sector is allocated 4 percent of the commercial Eastern U.S./Canada
Area GB cod total allowable catch (TAC) as its Eastern GB cod. The
Eastern GB haddock allocations are determined in the same way. 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
[[Page 23232]]
ACEs in the Eastern U.S./Canada Area. A sector may also ``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 2020, we may withhold 20 percent of
each sector's fishing year 2020 allocation for up to 60 days until we
finalize fishing year 2019 catch information. We expect to finalize
2019 catch information for sectors in summer 2020. We will allow
sectors to transfer fishing year 2019 ACE for 2 weeks upon our
completion of year-end catch accounting to reduce or eliminate any
fishing year 2019 overages. If necessary, we will reduce any sector's
fishing year 2020 allocation to account for a remaining overage in
fishing year 2019. Each year we notify the Council and sector managers
of this deadline and announce this decision on our website at: https://www.fisheries.noaa.gov/species/northeast-multispecies.
BILLING CODE 3510-22-P
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[GRAPHIC] [TIFF OMITTED] TR27AP20.005
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[GRAPHIC] [TIFF OMITTED] TR27AP20.006
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[GRAPHIC] [TIFF OMITTED] TR27AP20.007
BILLING CODE 3510-22-C
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Exemptions Previously Granted for Fishing Years 2019 and 2020
Previously Granted Exemptions for Fishing Years 2019 and 2020 (1-19)
We have already granted 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
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 (14.0-
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; (18) requirement that Handgear A vessels carry a Vessel
Monitoring System (VMS) unit when fishing in a single BSA; 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.
Table 6--Exemptions Previously Granted for Fishing Years 2019 and 2020
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Exemptions Rulemaking Date of publication Citation
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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.
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Northeast Multispecies Federal Register documents can be found at http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/ sustainable/species/multispecies/.
New Exemption Requests Not Approved in Fishing Year 2020
Minimum Mesh Size for Gillnets Fished in Georges Bank
For fishing year 2020, sectors requested a new exemption to allow
sector vessels to fish gillnets with mesh smaller than the 6.5-inch
(16.5-cm) minimum mesh size in the GB BSA. Under current regulations,
vessels are prohibited from fishing for groundfish with gillnets with
mesh smaller than 6.5 inches (16.5 cm) in the GOM and GB Regulated Mesh
Areas. Minimum mesh size restrictions (50 CFR 648.80(a)(3)(i),
(a)(4)(i), (b)(2)(i), and (c)(2)(i)) were implemented under previous
groundfish actions to reduce overall mortality on groundfish stocks,
change the selection pattern of the fishery to target larger fish,
improve survival of sublegal fish, and allow sublegal fish more
opportunity to spawn before entering the fishery.
Sectors requested the exemption to allow vessels to fish gillnets
with mesh as small as 6.0 inches (15.2 cm) in the GB BSA. Additionally,
vessels would remain limited to fishing 50 nets under the current mesh
size, and could only fish those nets between January 1 and April 30
each year. The intent of the request is to allow vessels fishing with
gillnets to target GB haddock, a healthy groundfish stock. We
previously approved similar exemptions, which allowed vessels to use
6.0-inch (15.2-cm) mesh gillnets to target haddock in the Gulf of
Maine; however, these exemptions were disapproved in 2013 (78 FR 25591;
May 2, 2013) due to concerns about GOM haddock stock status, which was
poor at the time, and potential impacts on protected species. Despite
improved stock status of GOM haddock, we have not re-approved an
exemption in the GOM because of concerns about bycatch of GOM cod,
which is in poor condition.
We have several concerns regarding the exemption as requested,
including concerns for impacts on GB cod, other groundfish stocks, and
the potential for impacts on protected resources. While GB haddock is a
healthy stock and we are supportive of efforts to increase utilization
of GB haddock quota, we are concerned that allowing the use of gillnets
smaller than the 6.5-inch (16.5-cm) minimum mesh size may have an
impact on GB cod, a stock that is overfished. Although some studies
have shown increased selectivity of haddock with smaller mesh gillnets,
selectivity curves suggest that smaller mesh gillnets will catch more
smaller size cod and other co-occurring species than larger mesh nets.
There are studies underway to assess the selectivity of different
gillnet mesh sizes, specifically investigating the potential for use in
the haddock fishery on GB. However, these studies are not yet
completed, and we cannot use them yet to support an exemption. Further,
we have concerns about potential impacts on protected species,
particularly critically endangered North Atlantic right whales. We are
concerned that changes in area fished, gear density, and seasonality of
fishing could result in increased interaction risk for this species, as
the requested exemption overlaps times and areas known to have a
presence of right whales. We are denying the request for approval of
this new exemption for fishing year 2020, given the unclear
relationship between any potential increase in GB haddock harvest and
potential negative impacts on GB cod, combined with the potential for
increased interactions with protected resources. We may reevaluate this
exemption request in a future action, should further information become
available.
[[Page 23237]]
Previously Approved Exemptions We Are Modifying
6.5-inch (16.5-cm) Minimum Mesh Size Requirement for Trawl Nets To
Allow a 5.5-inch (14.0-cm) Codend on Directed Redfish Trips
Since fishing year 2012, we have approved exemptions that allow
sector vessels to target Acadian redfish, a healthy stock with a sub-
legal size mesh codend, ranging from 4.5 inches (11.4 cm) to 6 inches
(15.2 cm), with different versions requiring different levels of
monitoring, different catch thresholds, and different areas where
vessels are allowed to use the exemption (Table 7). In 2015, we
approved the current version of the exemption (80 FR 25143; May 1,
2015), which was re-approved for fishing years 2019 and 2020. Under the
exemption, vessels may fish with a 5.5-inch (14.0-cm) codend, are
subject to standard at-sea monitoring coverage, and are required to
fish in the Redfish Exemption Area (Figure 1). Sectors are further
required to meet a 50-percent redfish catch threshold (50 percent of
all groundfish catch on the small-mesh portion of trips must be
redfish) and, on observed trips, discards of groundfish may not exceed
5 percent of groundfish catch on the small-mesh portion of the trip.
Table 7--Previously Approved Versions of the Redfish Exemption
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Exemption Rulemaking Date Citation
----------------------------------------------------------------------------------------------------------------
6.0 inch (15.2 cm) with 100% NMFS- Fishing Year 2012 Sector May 2, 2012.......... 77 FR 26129
funded coverage. Operations Final Rule.
4.5 inch (11.4 cm) with 100% NMFS- Fishing Year 2012 Redfish March 5, 2013........ 78 FR 14226
funded coverage. Exemption Final Rule.
4.5 inch (11.4 cm) with 100% Fishing Year 2013 Sector May 2, 2013.......... 78 FR 25591
Industry-funded coverage. Operations Interim Final
Rule.
6.0 inch (15.2 cm) with standard Fishing Year 2014 Sector April 28, 2014....... 79 FR 23278
observer coverage. Operations Final Rule.
5.5 inch (14.0 cm) with standard Fishing Year 2015-2016 May 1, 2015.......... 80 FR 25143
observer coverage. Sector Operations Final
Rule.
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Northeast Multispecies Federal Register documents can be found at https://www.fisheries.noaa.gov/species/northeast-multispecies.
In fishing years 2018 and 2019, several sectors failed to meet the
50-percent redfish landings threshold for at least one month; no
sectors exceeded the 5-percent groundfish discard threshold. We
notified each sector by letter that they were out of compliance, one in
April 2019 and the others in February 2020. All of the sectors took
steps to improve compliance with the thresholds and were able to
restore compliance with the 50-percent threshold. Given the performance
of this exemption, we conducted a review of catch data under the
exemption since it was approved in 2015. In that review, which included
data from nearly 1,500 vessel trip reports and haul-level catch from
observed trips, we found a number of areas within the current Redfish
Exemption Area where vessels regularly had high levels of non-redfish
catch (white hake, GB and GOM haddock, pollock, and GB cod), as well as
areas with consistently high levels of redfish catch. In statistical
areas 465, 511, and 512, observed hauls with more than 50 percent
redfish were extremely rare, instead white hake and haddock dominated
groundfish catch. Similarly, in block 131, which is already closed to
redfish exemption fishing in February and March due to concerns about
GOM cod, observed hauls rarely approached 50 percent redfish; more
often haddock, pollock, and white hake made up the majority of catch.
In statistical area 464, majority-redfish hauls were occasionally
observed, but pollock and sometimes white hake dominated the catch in
many observations. In statistical area 561, few exemption hauls were
observed, but nearly all were well below 50 percent redfish with other
species dominating. In statistical areas 521 and 522, redfish hauls
occasionally achieved 50 percent or better redfish catch. However,
haddock dominated the catch on many hauls, and there were many hauls
observed where cod actually approached or even exceeded 50 percent of
the catch; no other areas showed this level of consistently high cod
catch under the exemption. In most of statistical area 515, and in a
portion of southeastern statistical area 513, redfish were regularly
the largest portion of the catch on observed redfish hauls; in many, if
not most, hauls redfish exceeded 75 percent of total groundfish catch.
While other species, especially pollock and haddock, were occasionally
caught in abundance in these areas, redfish dominated in most cases. As
a result, we are modifying the Redfish Exemption Area to reflect these
findings, and better balance opportunities for sector vessels to
efficiently harvest redfish with our concerns for targeting of non-
redfish stocks and unintended impacts on other groundfish stocks under
the exemption.
The revised Redfish Exemption Area falls entirely in the GOM
Regulated Mesh Area, and includes all waters of the U.S. Exclusive
Economic Zone north of 42 degrees 20 minutes North latitude, east of 69
degrees 30 minutes West longitude, south of 43 degrees 20 minutes North
latitude, and West of 67 degrees 40 minutes West longitude (Figure 2).
This area overlaps most of statistical area 515, and also includes a
smaller portion of statistical area 513, where our review showed
consistently clean redfish fishing, and the vast majority of redfish
harvest. Vessels are prohibited from using the exemption in any
overlapping closures, including year round closed areas and habitat
areas that prohibit the use of mobile gear.
We expect the revised Redfish Exemption Area to continue to allow
vessels to efficiently harvest redfish. The revised area includes areas
where the majority of redfish are harvested, proportional catch of
redfish is high, and bycatch of other groundfish stocks is generally
low. We also expect the revised area to reduce opportunities for
vessels to target non-redfish groundfish stocks with sub-legal mesh, as
it excludes areas where redfish are rarely encountered as a significant
proportion of catch by vessels using the exemption. In particular,
several areas we propose to remove from the footprint of the exemption
area showed consistently high catches of white hake and GB cod, both of
which are of concern given their stock status; pollock and haddock
catch were also very high in some areas. In portions of the Redfish
Exemption Area that overlap the GB BSA, we found significant haddock
and cod catch; as a result, we are concerned that including any portion
of GB in the Redfish Exemption Area may reduce the incentive for
vessels to fish under the
[[Page 23238]]
universal sector exemption allowing vessels to fish with a 6.0-inch
(15.2-cm) mesh codend when using a haddock separator or Ruhle trawl.
This exemption is intended to increase sector vessels ability to target
haddock and to minimize unnecessary bycatch of GB cod and other stocks.
While our review of catch data could not determine the intent of
vessels fishing in the area, it appeared that vessels were less likely
to use selective gear when given the less restrictive option of fishing
under the redfish exemption. Because there is currently an overlap
where vessels may choose between a 5.5-inch (14.0-cm) codend on a
redfish trip or a 6.0-inch (15.2-cm) codend with selective gear, the
incentive to use the selective gear is minimized, inconsistent with the
intent of the universal exemption. The new Redfish Exemption Area
should better balance opportunities for sector vessels to efficiently
harvest redfish with concerns for impacts on non-redfish stocks, and
help reduce the risk of sectors falling out of compliance with the
redfish catch and groundfish discard thresholds intended to ensure the
viability of the exemption.
We are also changing the gear stowage requirements for vessels on
redfish exemption trips. Currently, vessels must stow any sub-legal
codend below deck until the vessel begins the redfish portion of its
exemption trip, that is, it has transited to the Redfish Exemption Area
and notified NMFS, via VMS, that it is is switching to a codend smaller
than the regulations would otherwise allow and has reported all catch
on board. We are eliminating the requirement to stow the sub-legal
codend below deck prior to use, and instead will now require the sub-
legal codend to be stowed not available for use consistent with the
methods outlined in Sec. 648.2. We will allow for on-reel stowage
consistent with requirements for transiting the GOM Cod Protection
Closures and Seasonal Closure Areas. This change will allow vessels on
a redfish trip to store a net with a sub-legal codend attached on a net
reel when transiting to the Redfish Exemption Area so long as the there
is no containment rope, codend tripping device, or similar mechanism
attached, and the surface of the net is covered and securely bound.
Similarly, this change will allow vessels to store sub-legal codends
on-deck, so long as they are fan folded, bound around the
circumference, and fastened to the deck or rail of the vessel. These
changes are intended to better reflect the operational realities of
vessels that fish using the redfish exemption. In many cases, storing a
codend below-deck may not be practical. We are also concerned that the
additional stowage requirement for the redfish exemption is unnecessary
and may create confusion for members of the industry, leading to
inadvertent non-compliance. While we are removing the below-deck codend
storage requirements under the exemption, this action does not remove
the regulation requiring gear to be stowed and not available for
immediate use when transiting closed areas consistent with Sec.
648.81(e). As a result, vessels transiting the Cashes Ledge Closed
Area, the Western GOM Closure Area, and the GOM Cod Spawning Protection
Closure (Whaleback) are still be required to remove their codend from
the net and store it below deck if using on-reel stowage for their
nets.
All other provisions of the redfish exemption remain in place, with
the exception of the changes to the Redfish Exemption Area and gear
stowage requirements. We are taking public comment on these changes to
the redfish exemption in order to assist us in reviewing the impacts
and benefits of these changes.
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Classification
The NMFS Assistant Administrator (AA) has determined that this
interim final rule is consistent with the Northeast Multispecies FMP,
other provisions of the Magnuson-Stevens Act, and other applicable law.
The AA finds that prior notice and the opportunity for public
comment, pursuant to authority set forth at 5 U.S.C. 553(b)(B), would
be impracticable and contrary to the public interest. Similarly, the
need to implement these measures in a timely manner constitutes good
cause under authority contained in 5 U.S.C. 553(d)(3), to make the rule
effective May 1, 2020, so that this interim final rule may be in place
by the start of the 2020 fishing year. Unforeseen delays and the need
to address unanticipated issues prevented NMFS from publishing a
proposed rule in a timeframe that would
[[Page 23240]]
have enabled a final rule to be published prior to May 1, 2020.
Avoiding a delay in effectiveness beyond the May 1, 2020, start of the
fishing year prevents vessel owners from incurring significant adverse
economic impacts. A delay in implementing this rule would prevent
sector vessels from fishing for groundfish until this rulemaking is
finalized and sector allocations are made. This would cause major
disruption and would effectively shut down the entire groundfish
fishery during the delay. Being prohibited from fishing for up to 30
days would have a significant adverse economic impact on these vessels
because vessels would be prevented from fishing in a month when sector
vessels historically landed approximately 10 percent of several
allocations, including Eastern GB cod and GB winter flounder. Any delay
would have a significant adverse economic impact on these vessels that
are already experiencing negative economic impacts and hardships due to
the coronavirus pandemic. A delay would result in substantial lost
fishing opportunities during a peak season for groundfish vessels.
Additionally, any delay would diminish the intent of this rule to
provide flexibility in vessel operations and maximum opportunity to
catch the fishery quota. For the reasons outlined above, good cause
exists to waive the otherwise applicable requirement to delay
implementation of this rule for a period of 30 days.
Additionally, sector exemptions grant relief from restrictions,
which provides operational flexibility and efficiency, and helps to
avoid short-term adverse economic impacts on NE multispecies sector
vessels. When operating under, sector vessels are exempted from common
pool trip limits, DAS limits, and seasonal closed areas. 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. They also relieve some gear restrictions, reporting and
monitoring requirements, and provide access to additional fishing
grounds through the authorization of exemptions from Northeast
multispecies regulations. This flexibility increases efficiency and
reduces costs for sector vessels.
This action is exempt from the procedures of Executive Order (E.O.)
12866.
This rule does not contain policies with Federalism or ``takings''
implications as those terms are defined in E.O. 13132 and E.O. 12630,
respectively.
This interim final rule is exempt from the procedures of the
Regulatory Flexibility Act because the rule is issued without
opportunity for prior notice and opportunity for public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 15, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2020-08399 Filed 4-24-20; 8:45 am]
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