[Federal Register Volume 87, Number 81 (Wednesday, April 27, 2022)]
[Rules and Regulations]
[Pages 24875-24882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08901]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 220421-0101: RTID 0648-XX078]


Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Northeast Multispecies Fishery; 2022 Allocation of 
Northeast Multispecies Annual Catch Entitlements

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: This final rule allocates annual catch entitlements to 
groundfish sectors for the 2022 fishing year and approves changes to 
previously approved sector operations plans. This rule also denies four 
novel sector exemption requests. The action is necessary because 
sectors must receive allocations in order to operate in fishing year 
2022. This action will allow limited access permit holders to continue 
to operate sectors, and to exempt sectors from certain effort control 
regulations to improve the efficiency and economics of sector vessels.

DATES: Northeast multispecies annual catch entitlements for sectors are 
effective May 1, 2022, through April 30, 2023.

ADDRESSES: Copies of each sector's operations plan and contract are 
available from the NMFS Greater Atlantic Regional Fisheries Office: 
Contact Claire Fitz-Gerald at [email protected], Kyle Molton 
at [email protected], or Samantha Tolken at 
[email protected]. These documents are also accessible via the 
GARFO website. To view these documents and the Federal Register 
documents referenced in this rule, you can visit: https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan.

FOR FURTHER INFORMATION CONTACT: Kyle Molton, Fishery Management 
Specialist, (978) 281-9236.

SUPPLEMENTARY INFORMATION: 

Background

    The Northeast Multispecies Fishery Management Plan (FMP) defines a 
sector as ``a group of persons holding limited access Northeast 
multispecies 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.'' A 
sector must be comprised of at least three Northeast multispecies 
permits issued to at least three different persons, none of whom have 
any common ownership interest in the permits, vessels, or businesses 
associated with the permits issued [to] the other two or more persons 
in that sector. Sectors are self-selecting, meaning participation is 
voluntary, and each sector can choose its members.
    The Northeast multispecies sector management system annually 
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 may 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; portions of the Gulf of Maine (GOM) Cod 
Protection Closures; 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); and the 
requirement to use a 6.5-inch (16.5-cm) mesh codend when fishing under 
the provisions of the Redfish Exemption Program. The FMP allows the 
Council to add universal exemptions using the framework adjustment 
procedure. Sectors may request additional exemptions annually as part 
of their sector operations plans to increase flexibility and fishing 
opportunities. Sectors are prohibited 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 that each receive an allocation based on the fishing history of 
permits they hold. The final rule implementing Amendment 17

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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 NMFS, as specified in 
the permit bank's Memorandum of Agreement between NMFS and the state. 
These permits are not assigned to 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 have previously approved 16 sectors to operate in fishing years 
2021 and 2022 and also approved 19 requested exemptions for sectors (86 
FR 22898; April 30, 2021). Because all approved operations plans cover 
two fishing years, approved sectors may continue operations and the 
approved exemptions in fishing year 2022. Copies of the operations 
plans and contracts, the environmental assessment (EA), and other 
supporting documents are available at: https://www.fisheries.noaa.gov/species/northeast-multispecies and from NMFS (see ADDRESSES). This 
action makes 2022 allocations to sectors based on the specifications 
set by the New England Fishery Management Council in Framework 
Adjustments 59 and 61 to the FMP. This action also announces default 
catch limits for two management units which do not have specifications 
in place for fishing year 2022. This action also approves several 
changes to already approved sector operations plans and denies four 
requests for novel sector exemptions.

Catch Limits for Fishing Year 2022

Previously Established and Default Catch Limits

    Framework 59 (85 FR 45794; July 30, 2020) and Framework 61 (86 FR 
40353; July 28, 2021) to the FMP previously set fishing year 2022 catch 
limits for all groundfish stocks. However, neither Framework 59 or 61 
specified 2022 catch limits 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 NMFS manages jointly with Canada, and the shared 
quota is set annually.
    This year, in Framework 63 to the FMP, the Council adopted new or 
adjusted fishing year 2022 catch limits for: GOM cod; GB cod; GB 
haddock; GB yellowtail flounder; and white hake. Framework 63 would set 
2022 catch limits for the two U.S./Canada management units (Eastern GB 
cod and Eastern GB haddock). We have published a proposed rule for 
Framework 63 (87 FR 23482; April 20, 2022), however, we will not be 
able to implement Framework 63 measures, if approved, before May 1, 
2022.
    As a result, the sector and common pool allocations in this rule 
are based on the 2022 catch limits set in Framework 59 and 61 that will 
be effective on May 1, 2022 (Table 1), default catch limits for Eastern 
GB cod and Eastern GB haddock (Table 2), and preliminary 2022 fishing 
year rosters. If we approve Framework 63, the 2022 catch limits 
announced in this rule for these stocks will change when Framework 63 
measures become effective.
    This rule also announces default catch limits for Eastern GB cod, 
and Eastern GB haddock (Table 2). These stocks do not already have a 
catch limit in place for fishing year 2022. The groundfish regulations 
implement 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 (2021) catch limits, except in instances 
where the default catch limit would exceed the Council's 
recommendation. The default catch limits are effective from May 1 
through July 31, or until the final rule for Framework 63 is 
implemented if prior to July 31. To comply with these regulations and 
minimize impacts on the fishery we are announcing these default 
specifications. If Framework 63 is not in place on or before July 31, 
all fishing for these management units will be prohibited beginning 
August 1.

Catch Limit Changes for GB Cod

    The previously set fishing year 2022 U.S. Acceptable Biological 
Catch (ABC) for GB cod is 1,308 mt, which will be in place on May 1. 
The Council recommended a fishing year 2022 US ABC of 343 mt for GB cod 
in Framework 63. This is a 74-percent decrease, which will go into 
effect after May 1 if Framework 63 is approved. The Council's 
recommendations will be further discussed in the Framework 63 proposed 
rule. We are highlighting this change in this rule because the GB cod 
sector allocations approved in this rule are based on the previously 
set 2022 catch limits. If the Council's recommended catch limits become 
final with no changes, the U.S. ABC and resulting sector allocations 
for this stock will be reduced when Framework 63 is implemented, and 
allocations will be changed in accordance with that reduction.

          Table 1--Northeast Multispecies Catch Limits for 2022
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                                                           Commercial
               Stock                  Total U.S. ABC    groundfish sub-
                                           (mt)             ACL (mt)
------------------------------------------------------------------------
GB Cod *..........................              1,308            1,093.1
GOM Cod *.........................                552              270.4
GB Haddock *......................             81,242           72,250.4
GOM Haddock.......................             11,526            7,055.9
GB Yellowtail Flounder *..........                 80               63.6
SNE/MA Yellowtail Flounder........                 22               15.6
CC/GOM Yellowtail Flounder........                823              691.9
American Plaice...................              2,825            2,630.1
Witch Flounder....................              1,483            1,317.3
GB Winter Flounder................                608              563.2
GOM Winter Flounder...............                497              280.9
SNE/MA Winter Flounder............                456              288.1
Redfish...........................             10,062            9,558.9
White Hake *......................              2,147            2,019.3
Pollock...........................             16,812           14,134.7
N. Windowpane Flounder............                160              107.9
S. Windowpane Flounder............                384               42.9

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Ocean Pout........................                 87               49.8
Atlantic Halibut..................                101               73.4
Atlantic Wolffish.................                 92               85.6
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* These catch limits are based on previously set fishing year 2022
  specifications and will be replaced when the final rule for Framework
  63 becomes effective, if approved.


                 Table 2--Default Catch Limits for 2022
------------------------------------------------------------------------
                                                              Groundfish
                           Stock                               sub-ACL
                                                                 (mt)
------------------------------------------------------------------------
Eastern GB Cod *...........................................         66.7
Eastern GB Haddock *.......................................      2,270.1
------------------------------------------------------------------------
* These catch limits are based on default specifications and will be
  replaced when the final rule for Framework 63 becomes effective, if
  approved.

Operations Plan Submissions and Changes

    Annually, we solicit operations plan submissions for consideration 
for approval; however, sectors already approved to operate in fishing 
years 2021 and 2022 were not required to submit operations plans for 
2022. We did not receive any new operations plans for approval for 
fishing year 2022. As a result, there will be no additional sectors 
authorized to operate in fishing year 2022 beyond those previously 
approved.
    Although no new operations plans were submitted we did receive 
several requests to modify existing sector operations plans that we are 
approving. Sectors may request changes to operations plans as needed to 
implement administrative changes to their operations. Several sectors 
requested changes related to electronic monitoring (EM), including 
adding audit model EM plans to their existing operations plans, updates 
to methods used to estimate discards, and revised language authorizing 
the sharing of confidential data to support EM program operations. 
Additionally, several sectors requested modifications that would add 
NMFS-approved maximized retention electronic monitoring (MREM) program 
language to their sector operations plans. The addition of MREM 
language would allow for a more seamless transition to MREM for sectors 
vessels should it be approved for operation for all sectors in fishing 
year 2022. Several sectors also requested operations plan modifications 
to add a description of a gear conflict reduction agreement that sector 
members have agreed to in order to limit gear conflicts between sector 
groundfish and lobster vessels. We are approving these changes to 
existing sector operations plans.

Sector Allocations for Fishing Year 2022

    This rule makes 2022 ACE allocations to all sectors based on their 
preliminary 2022 sector rosters. These allocations are based on the May 
1, 2022, ACL for each stock. Because sectors are operating under 2-year 
operations plans for fishing years 2021 and 2022, these allocations 
would allow vessels enrolled in sectors to operate under their existing 
operations plan, as approved.
    For fishing year 2022, we set a deadline for sectors to submit 
preliminary sector rosters by February 28, 2022, in order to determine 
rosters for final rulemaking and allocations. However, rosters 
published in this rule may still not reflect the final ACE allocation 
for fishing 2022 because all permits enrolled in a sector, and the 
vessels associated with those permits, have until April 30, 2022, to 
withdraw from a sector and fish in the common pool for fishing year 
2022. As a result, the total permits participating in sectors for 
fishing year 2022 could change from the preliminary rosters included in 
this rule, but such changes are expected to be minimal based on past 
fishing years.
    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 2022. Tables 4 and 5 show the estimated allocations 
that each sector will receive, in pounds and metric tons, respectively, 
for fishing year 2022, based on their preliminary fishing year 2022 
rosters. We provide the final allocations, to the nearest pound, to 
each sector based on their final May 1 rosters. We use these final 
allocations, along with later adjustments including 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 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 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 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.
    We expect to finalize 2021 catch information for sectors in summer 
2022. We will allow sectors to transfer fishing year 2021 ACE for two 
weeks upon our completion of year-end catch accounting to reduce or 
eliminate any fishing year 2021 overages. If necessary, we will reduce 
any sector's fishing year 2022 allocation to account for a remaining 
overage in fishing year 2021. 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.
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Exemptions Previously Granted for Fishing Years 2021 and 2022

Previously Granted Exemptions for Fishing Years 2021 and 2022 (1-18)

    We have already granted exemptions from the following requirements 
for fishing years 2021 and 2022, 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) prohibition on 
combining small-mesh exempted fishery and sector trips in southern New 
England (SNE); (16) extra-large mesh requirement to target dogfish on 
trips excluded from at-sea monitoring (ASM) in SNE and Inshore GB; (17) 
requirement that Handgear A vessels carry a Vessel Monitoring System 
(VMS) unit when fishing in a single broad stock area; and (18) limits 
on the number of gillnets for Day gillnet vessels in the GOM. We also 
approved an exemption from the 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, however, that exemption was eliminated in 2021 
when we approved a new universal sector exemption for redfish as part 
of Framework Adjustment 61 (86 FR 40353; July 28, 2021). 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 2020 and 2021
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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........................  Fishing Years 2015-2016     May 1, 2015.................  80 FR 25143
                                Sector Operations Final
                                Rule.
16...........................  Framework 55 Final Rule...  May 2, 2016.................  81 FR 26412
17...........................  Amendment 18 Final Rule...  April 21, 2017..............  82 FR 18706
18...........................  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/.

Exemption Requests Not Approved in Fishing Year 2022

    For fishing year 2022, sectors requested a total of four new 
exemptions, two related to extra-large mesh gillnets and EM, and two 
related to MREM and existing universal exemptions. We are denying all 
new sector exemption requests for fishing year 2022. A detailed summary 
of the exemption requests and rationale for our denial of their 
approval is included in the preamble for the proposed rule for this 
action (87 FR 12416; March 4, 2022), and is not repeated here.

Comments and Responses

    We received no comments on the proposed rule. As a result, this 
rule contains no comment summary or response to comments.

Changes From the Proposed Rule

    The allocations published in the proposed rule were based on final 
fishing year 2021 sector rosters because we had not yet received 
preliminary rosters for the 2022 fishing year. The deadline for 
preliminary sector roster submissions for fishing year 2022 was 
February 28, 2022. The ACE allocated to each sector has been updated in 
the final rule to reflect preliminary sector enrollment for the 2022 
fishing year.
    The allocations outlined in the proposed rule were based on fishing 
year 2022 catch limits expected under Framework 63. Because Framework 
63 will not be in place before May 1, 2022, this rule announces default 
specifications for two stocks that did not previously have fishing year 
2022 catch limits, and bases 2022 allocations to sectors on previously 
established fishing year 2022 catch limits and those defaults. The ACE 
allocated to each sector has been updated in the final rule to reflect 
the previously established 2022 catch limits and default 
specifications.
    There are no other changes from the proposed measures.

Classification

    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.
    There is good cause pursuant to 5 U.S.C. 553(d)(3) to waive the 30-
day delay in effective date for this final rule. This action allocates 
ACE for fishing year 2022 to 16 groundfish sectors in the Northeast 
multispecies fishery. This rule could not be completed earlier because 
required deadlines for sectors to submit rosters, sector exemption 
requests, and other necessary information to NMFS do not allow for the 
development of a rule earlier in the year. We must have preliminary 
sector rosters for the upcoming fishing year in order to allocate 
preliminary ACE to sectors. Sectors are prohibited from fishing without 
ACE allocations, as such, timely implementation is necessary to ensure 
that sectors may fish at the start of the 2022 fishing year on May 1, 
2022. If sectors were prohibited from fishing while waiting for the 
rule to take effect, there would be significant disruption to the 
fishery along with negative economic impacts and a reduced ability to 
achieve optimum yield, thus undermining the intent of the rule. 
Industry members and other stakeholders are aware of and familiar with 
this annual process and had an opportunity to comment on these 
procedures during the development and approval of Amendment 16. 
Stakeholders also expect this process to ensure these actions occur in 
a timely manner.

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    This action is exempt from the procedures 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 Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration 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 the 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.

    Authority: 16 U.S.C. 1801 et seq.

    Dated: April 21, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2022-08901 Filed 4-26-22; 8:45 am]
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