[Federal Register Volume 88, Number 70 (Wednesday, April 12, 2023)]
[Rules and Regulations]
[Pages 21927-21930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-07613]



[[Page 21927]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 220711-0151;RTID 0648-XC854]


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Common Pool Fishery and Other Measures for 
Fishing Year 2023

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

ACTION: Temporary rule; possession and trip limit implementation.

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SUMMARY: This action implements measures for the Northeast multispecies 
common pool fishery and other measures under Regional Administrator 
authority for the 2023 fishing year. This action is necessary to ensure 
that the Northeast multispecies common pool fishery may achieve the 
optimum yield for the relevant stocks, while controlling catch to help 
prevent in-season closures or quota overages. These measures include 
possession and trip limits, the allocation of zero trips into the 
Closed Area II Yellowtail Flounder/Haddock Special Access Program for 
common pool vessels to target yellowtail flounder, and the closure of 
the Regular B Days-at-Sea Program.

DATES: Effective at 0001 hours on May 1, 2023, through April 30, 2024.

FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy 
Analyst, 978-281-9232.

SUPPLEMENTARY INFORMATION: The Northeast Multispecies Fishery 
Management Plan (FMP) regulations allow the Regional Administrator to 
implement possession limits for the common pool fishery, the U.S./
Canada Management Area, and Special Management Programs. This action 
implements a number of these management measures for the 2023 fishing 
year, effective May 1, 2023.

Common Pool Trip Limits

    Regulations at Sec.  648.86(o) allow the Regional Administrator to 
implement or adjust a per-Day-at-Sea (DAS) possession limit and/or a 
maximum trip limit in order to prevent exceeding the common pool sub-
annual catch limit (sub-ACL) in that fishing year. The possession and 
trip limits implemented for the start of the 2023 fishing year are 
included in Tables 1 and 2 below. These possession and trip limits were 
developed based on the common pool sub-ACLs that will be in effect on 
May 1, 2023, including those set by Framework Adjustment 63 to the FMP 
and those that are in place as default specifications consistent with 
the current regulations at Sec.  648.90(a)(3). NMFS considered 
preliminary 2023 sector rosters, expected common pool participation, 
and common pool fishing activity in previous fishing years. NMFS will 
continue to monitor common pool catch through vessel trip reports, 
dealer-reported landings, vessel monitoring system catch reports, and 
other available information and, if necessary, will make further 
adjustments to common pool management measures based on common pool 
catch. NMFS may also make necessary changes to the common pool 
possession and trip limits in consideration of fishing year 2022 catch 
information in relation to any new catch limits approved in Framework 
65.
    Under default specification regulations, if the default 
specifications set at 75 percent of the previous year's amount exceed 
the Council's recommendations for any stock for the current year, the 
specifications for that stock shall be reduced to the Council's 
recommendations. During its December 2022 meeting, the New England 
Fishery Management Council adopted Framework Adjustment 65 to the 
Northeast Multispecies FMP, which, if approved, would modify the common 
pool sub-ACLs for several stocks. NMFS is working to publish a proposed 
rule to request comment on Framework 65, but the final rule for that 
action is not expected to be in effect until after the beginning of the 
fishing year. Consequently, default specifications will be in place 
until that rule is final, and, when developing the trip limits in this 
action, NMFS took into account Council-recommended sub-ACLs that may be 
implemented in Framework 65. The trip limits in this action were 
designed to not result in the common pool exceeding any sub-ACLs or 
trimester total allowable catch (TAC) that may be implemented by 
Framework 65. Based on this information, NMFS projects that these 
adjustments will facilitate optimized harvest of the common pool 
quotas, while preventing early trimester closures, and preventing catch 
from exceeding the 2022 fishing year sub-ACLs.
    For Handgear A and Handgear B vessels, possession and trip limits 
for Georges Bank (GB) and Gulf of Maine (GOM) cod are tied to the 
possession and trip limits for groundfish DAS vessels. The default cod 
trip limit is 300 lb (136 kg) for Handgear A vessels and 75 lb (34 kg) 
for Handgear B vessels. If the GOM or GB cod limit for vessels fishing 
on a groundfish DAS drops below 300 lb (136 kg), then the respective 
Handgear A cod trip limit must be reduced to the same limit. Similarly, 
the Handgear B trip limit must be adjusted proportionally to the DAS 
limit (rounded up to the nearest 25 lb (11 kg)). In accordance with 
this process, the Handgear A and Handgear B possession and trip limits 
for GB and GOM cod are as listed below in Table 2.
    Vessels with a Small Vessel category permit can possess up to 300 
lb (136 kg) of cod, haddock, and yellowtail flounder, combined, per 
trip. Additionally, for these vessels, the trip limit for all stocks is 
equal to the landing limits per DAS applicable to multispecies DAS 
vessels. This is necessary to ensure that the trip limit applicable to 
the Small Vessel category permit is consistent with the trip limits for 
other common pool vessels, as described above.
    Weekly quota monitoring reports for the common pool fishery can be 
found on NMFS' website at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/nemultispecies.html. NMFS will continue to monitor common pool catch 
through vessel trip reports, dealer-reported landings, vessel 
monitoring system catch reports, and other available information and, 
if necessary, will make additional adjustments to common pool 
management measures.

    Table 1--2023 Fishing Year Common Pool Possession and Trip Limits
------------------------------------------------------------------------
                 Stock                           2022 trip limit
------------------------------------------------------------------------
GB Cod (outside Eastern U.S./Canada      100 lb (45.4 kg) per DAS, up to
 Area).                                   200 lb (90.7 kg) per trip.
GB Cod (inside Eastern U.S./Canada
 Area).
GB Cod [Closed Area II Yellowtail        500 lb (226.8 kg) per trip.
 Flounder/Haddock SAP (for targeting
 haddock)].
GOM Cod................................  200 lb (90.7 kg) per DAS, up to
                                          400 lb (181.4 kg) per trip.

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GB Haddock.............................  50,000 lb (22,679.62 kg) per
                                          trip.
GOM Haddock............................  1,000 lb (453.6 kg) per DAS, up
                                          to 2,000 lb (907.2 kg) per
                                          trip.
GB Yellowtail Flounder.................  100 lb (45.4 kg) per trip.
Southern New England/Mid-Atlantic (SNE/  100 lb (45.4 kg) per DAS, up to
 MA) Yellowtail Flounder.                 200 lb (90.7 kg) per trip.
Cape Cod (CC)/GOM Yellowtail Flounder..  1,000 lb (453.6 kg) per DAS, up
                                          to 2,000 lb (907.2 kg) per
                                          trip.
American plaice........................  2,000 lb (907.2 kg) per DAS, up
                                          to 4,000 lb (1,814.4 kg) per
                                          trip.
Witch Flounder.........................  1,500 lb (680.4 kg) per trip.
GB Winter Flounder.....................  250 lb (113.4 kg) per trip.
GOM Winter Flounder....................  1,000 lb (453.6 kg) per trip.
SNE/MA Winter Flounder.................  2,000 lb (907.2 kg) per DAS, up
                                          to 4,000 lb (1,814.4 kg) per
                                          trip.
Redfish................................  Unlimited.
White hake.............................  1,500 lb (680.4 kg) per trip.
Pollock................................  Unlimited.
Atlantic Halibut.......................  1 fish per trip.
Windowpane Flounder....................  Possession Prohibited.
Ocean Pout.............................
Atlantic Wolffish......................
------------------------------------------------------------------------
Note: Minimum fish sizes apply for many groundfish species, but are not
  included in this rule. Please see 50 CFR 648.83 for applicable minimum
  fish sizes.


 Table 2--2023 Fishing Year Cod Trip Limits for Handgear A, Handgear B,
                    and Small Vessel Category Permits
------------------------------------------------------------------------
                 Permit                      Initial 2023 Trip Limit
------------------------------------------------------------------------
Handgear A GOM Cod.....................  200 lb (90.7 kg) per trip.
Handgear A GB Cod......................  100 lb (45.4 kg kg) per trip.
Handgear B GOM Cod.....................  25 lb (11 kg) per trip.
Handgear B GB Cod......................  25 lb (11 kg) per trip.
Small Vessel Category..................  300 lb (136.1 kg) of cod,
                                          haddock, and yellowtail
                                          flounder combined;
                                          additionally, vessels are
                                          limited to the common pool DAS
                                          limit for all stocks.
------------------------------------------------------------------------

    Table 3 includes the initial common pool trimester TACs for fishing 
year 2023. These trimester TACs are based on preliminary sector 
rosters. However, individual permit holders have until the end of the 
2022 fishing year (April 30, 2023) to drop out of a sector and fish in 
the common pool fishery for the 2023 fishing year. Therefore, it is 
possible that the sector and common pool catch limits, including the 
trimester TACs, may change due to changes in sector rosters. If changes 
to sector rosters occur, updated catch limits and/or possession and 
trip limits will be announced as soon as possible in the 2023 fishing 
year to reflect the final sector rosters as of May 1, 2023. NMFS is 
working to publish a proposed rule to request comment on updated 2023 
specifications as recommended by the New England Fishery Management 
Council in Framework Adjustment 65. If approved, Framework Adjustment 
65 would make additional changes to common pool sub-ACLs. There could 
be changes to common pool trimester TACs and possession and trip limits 
as a result.

              Table 3--Initial Common Pool Trimester Total Allowable Catches for Fishing Year 2023
                                                [Mt, live weight]
----------------------------------------------------------------------------------------------------------------
                                                                         Trimester total allowable catches
                              Stock                              -----------------------------------------------
                                                                    Trimester 1     Trimester 2     Trimester 3
----------------------------------------------------------------------------------------------------------------
GB Cod..........................................................             1.3             1.6             1.8
GOM Cod.........................................................             4.3             2.9             1.6
GB Haddock......................................................            40.0            48.8            59.2
GOM Haddock.....................................................             6.2             6.0            10.8
GB Yellowtail Flounder..........................................             0.6             0.9             1.5
SNE/MA Yellowtail Flounder......................................             0.5             0.7             1.3
CC/GOM Yellowtail Flounder......................................            13.4             6.1             4.0
American Plaice.................................................            35.5             3.8             8.6
Witch Flounder..................................................            16.4             6.0             7.5
GB Winter Flounder..............................................             1.0             2.9             8.2
GOM Winter Flounder.............................................             8.0             8.2             5.4
Redfish.........................................................            24.7            30.6            43.4
White Hake......................................................             5.7             4.7             4.7
Pollock.........................................................            24.1            30.1            31.8
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Closed Area II Yellowtail Flounder/Haddock Special Access Program

    The regulations at Sec.  648.85(b)(vii) allow the Regional 
Administrator to determine the total number of common pool trips that 
may be declared into the Closed Area II Yellowtail Flounder/Haddock 
Special Access Program (SAP) to target yellowtail flounder. This action 
allocates zero trips for common pool vessels to target yellowtail 
flounder within the Closed Area II Yellowtail Flounder/Haddock SAP for 
fishing year 2023. As a result, this SAP is only open to target 
haddock, from August 1, 2023, through January 31, 2024. Northeast 
multispecies vessels fishing in the SAP must fish with a haddock 
separator trawl, a Ruhle trawl, or hook gear.
    The Regional Administrator determines the allocation of the total 
number of trips into the Closed Area II Yellowtail Flounder/Haddock SAP 
based on several criteria, including the GB yellowtail flounder catch 
limit and the amount of GB yellowtail flounder caught outside of the 
SAP. Allocating trips to target yellowtail flounder in the Closed Area 
II Yellowtail Flounder/Haddock SAP is discretionary if the available GB 
yellowtail flounder catch is insufficient to support at least 150 trips 
with a 15,000-lb (6,804-kg) trip limit, for a total catch of 2,250,000 
lb (1,020,600 kg). This calculation considers projected catch from all 
vessels from the area outside the SAP. Based on the fishing year 2023 
GB yellowtail flounder groundfish sub-ACL implemented by Framework 
Adjustment 63 of 220,462.3 lb (100,000 kg), there is insufficient GB 
yellowtail flounder to allocate any trips to the SAP. Further, given 
the low GB yellowtail flounder catch limit, catch rates outside of this 
SAP are more than adequate to fully harvest the 2023 GB yellowtail 
flounder allocation.
    If approved, Framework Adjustment 65 would not change the 2023 GB 
yellowtail flounder sub-ACL. As a result, the final rule implementing 
Framework 65 is not expected to allocate trips to the SAP to target 
yellowtail flounder.

Regular B DAS Program

    The regulations at Sec.  648.85(b)(6)(vi) authorize the Regional 
Administrator to close the Regular B DAS program by prohibiting the use 
of Regular B DAS when the continuation of the program would undermine 
the achievement of the objectives of the Northeast Multispecies FMP or 
the Regular B DAS Program. One reason for terminating the program is an 
inability to constrain common pool catches to the Incidental Catch 
TACs.
    Framework Adjustment 63 implemented Common Pool Incidental Catch 
TACs for the Regular B DAS Program for the 2022 fishing year (Table 4). 
These TACs are further divided into Quarterly Incidental Catch TACs to 
be monitored and managed during each calendar quarter.

          Table 4--Fishing Year Total and Quarterly Incidental Catch TACs for the Regular B DAS Program
                                                [Mt, live weight]
----------------------------------------------------------------------------------------------------------------
                                   Total                      Quarterly incidental catch TAC (mt)
                                 incidental   ------------------------------------------------------------------
            Stock              catch TAC (mt)
                             ----------------- 1st quarter (13  2nd quarter (29  3rd quarter (29    4th quarter
                                    2023           percent)         percent)         percent)      (29 percent)
----------------------------------------------------------------------------------------------------------------
GB Cod......................  0.05...........  0.01...........  0.01...........  0.01...........            0.01
GOM Cod.....................  0.09...........  0.01...........  0.03...........  0.03...........            0.03
GB Yellowtail Flounder......  0.03...........  0.00...........  0.01...........  0.01...........            0.01
CC/GOM Yellowtail Flounder..  0.23...........  0.03...........  0.07...........  0.07...........            0.07
American Plaice.............  2.40...........  0.31...........  0.70...........  0.70...........            0.70
Witch Flounder..............  1.49...........  0.19...........  0.43...........  0.43...........            0.43
SNE/MA Winter Flounder......  0.38...........  0.05...........  0.11...........  0.11...........            0.11
----------------------------------------------------------------------------------------------------------------

    Given that the Incidental Catch TACs allocated to the Regular B DAS 
Program for several stocks are very small, in-season management of the 
Regular B DAS Program is likely to be extremely difficult and 
impractical. Implementation of an in-season action to close the Regular 
B DAS Program once a Quarterly Incidental Catch TAC for a stock has 
been reached would not be possible to complete quickly enough to 
prevent further catch of that stock.
    As a result, it is unlikely that catch can be effectively limited 
to the Incidental Catch TACs during fishing year 2023, and we project 
that continuation of the program would undermine the achievement of the 
objectives of the Northeast Multispecies FMP and the Regular B DAS 
Program. The Regular B DAS Program will be closed and use of Regular B 
DAS is prohibited for the 2023 fishing year, through April 30, 2024. 
This applies to all vessels issued a limited access Northeast 
multispecies permit.

Classification

    This action is authorized by 50 CFR part 648 and is exempt from 
review under Executive Order 12866.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior 
notice and the opportunity for public comment and the 30-day delayed 
effectiveness period because it would be contrary to the public 
interest and is unnecessary.
    Regulations at Sec.  648.86(o) authorize the Regional Administrator 
to adjust the Northeast multispecies possession and trip limits for 
common pool vessels in order to prevent the overharvest or under-
harvest of the pertinent common pool quotas. This action sets the 
initial common pool possession and trip limits on May 1, 2023, for the 
2023 fishing year. The possession and trip limits implemented through 
this action help to ensure that the Northeast multispecies common pool 
fishery may achieve the optimum yield for the relevant stocks, while 
controlling catch to help prevent in-season closures or quota overages. 
Delay of this action would leave the common pool fishery with the 
possession and trip limits found in Sec.  648.86, which are too high to 
control catch. This would likely lead to early closure of a trimester 
and quota overages. Any overage of the quota for either of the first 
two trimesters must be deducted from the Trimester 3 quota, which could 
substantially disrupt the trimester structure and intent to distribute 
the fishery across the entire fishing year. An overage reduction in 
Trimester 3 would further reduce

[[Page 21930]]

fishing opportunities for common pool vessels and likely result in 
early closure of Trimester 3. Additionally, any overage of the annual 
quota would be deducted from common pool's quota for the next fishing 
year, to the detriment of this stock and diminishing fishing 
opportunities in the following fishing year.
    The regulations at Sec.  648.85(b)(3)(vii) require that the 
Regional Administrator announce the total number of allowed trips by 
common pool vessels that may be declared into the Closed Area II 
Yellowtail Flounder/Haddock SAP on or about June 1. The Regional 
Administrator's announcement is included in this action to meet this 
regulatory requirement. Doing so ensures that the fishing industry has 
sufficient notice in order to plan their activities in the new fishing 
year. This action occurs annually, and industry participants are 
accustomed to it and expect its timely implementation. Given the low 
quota for GB yellowtail flounder in recent years, no trips have been 
allocated to this SAP from fishing year 2010 to fishing year 2022.
    The regulations at Sec.  648.85(b)(6)(vi) authorize the Regional 
Administrator to close the Regular B DAS program by prohibiting the use 
of Regular B DAS when the continuation of the program would undermine 
the achievement of the objectives of the Northeast Multispecies FMP or 
the Regular B DAS Program. The Regular B DAS program closure 
implemented through this action will prevent an overage of the 
Incidental Catch TACs. Delay of this action would provide vessel owners 
an opportunity to participate in the Regular B DAS Program, but 
participation and catch in the program may cause the allocation to be 
exceeded. In addition to the adverse consequences that are against the 
public interest, delaying implementation of this action for prior 
notice and opportunity for comment is unnecessary. These processes were 
established with prior notice and opportunity for comment. They were 
established to provide for regular and timely implementation of 
necessary catch limits to avoid adverse economic or ecological 
consequences that are not in the public interest. Further, adjusting 
catch limits in accordance with current conditions and limits provides 
maximum fishing opportunities practicable that avoid excess catch that 
may result in overfishing. Fishing industry participants and other 
stakeholders expect these actions to occur annually and in-season. They 
are regular occurrences to which participants have become accustomed. 
For the reasons above, delay of this action for additional prior notice 
and the opportunity for public comment and the 30-day delayed 
effectiveness period are unnecessary and against the public interest 
because they would undermine management objectives of the FMP and cause 
unnecessary negative economic impacts to the common pool fishery.

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

    Dated: April 6, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-07613 Filed 4-11-23; 8:45 am]
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