[Federal Register Volume 88, Number 83 (Monday, May 1, 2023)]
[Rules and Regulations]
[Pages 26502-26510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09143]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 230425-0113]
RTID 0648-XC579


Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Northeast Multispecies Fishery; Approval of 2023 and 
2024 Sector Operations Plans and Allocation of 2023 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 approves sector operations plans and 
contracts, including 18 regulatory exemptions for fishing years 2023 
and 2024. This final rule also allocates Northeast multispecies annual 
catch entitlements to approved groundfish sectors for fishing year 
2023; this includes default specifications for nine stocks. This action 
is intended to allow limited access permit holders to continue to 
operate sectors, as authorized under the Northeast Multispecies Fishery 
Management Plan, and to exempt sectors from certain effort control 
regulations to improve the efficiency and economics of sector vessels. 
Approval of sector operations plans and contracts is necessary to 
allocate annual catch entitlements to the sectors in order for sectors 
to operate.

DATES: Sector operations plans and regulatory exemptions are effective 
May 1, 2023, through April 30, 2025. Northeast multispecies annual 
catch entitlements for sectors are effective May 1, 2023, through April 
30, 2024. Default catch limits are effective May 1, 2023, through 
October 31, 2023, or until the final rule for Framework 65 is 
implemented, if that final rule is implemented prior to October 31, 
2023. If Framework 65 is not implemented on or before October 31, 2023, 
all fishing for these stocks would be prohibited beginning November 1, 
2023.

ADDRESSES: Copies of each sector's operations plan and contract are 
available from the NMFS Greater Atlantic Regional Fisheries Office 
(GARFO): Contact 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: Samantha Tolken, Fishery Management 
Specialist, (978) 675-2176.

SUPPLEMENTARY INFORMATION: 

Background

    The Northeast Multispecies Fishery Management Plan (FMP) defines a 
sector as a group of persons holding limited access Northeast 
multispecies permits that has voluntarily entered into a contract and 
agree to certain fishing restrictions for a specified period of time, 
and that has been granted a portion of the total allowable catch (TAC) 
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 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 may receive

[[Page 26503]]

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 
(i.e., exemptions from certain Northeast multispecies regulations that 
are granted to all sectors) 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); and portions of the Gulf of Maine (GOM) Cod 
Protection Closures. 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 owned 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. State-
operated permit banks are no longer approved through the sector 
approval process, but current state-operated permit banks contribute to 
the total allocation under the sector system.
    We received operations plans and preliminary contracts for fishing 
years 2023 and 2024 from 15 sectors. One additional sector that was 
active in fishing year 2022 submitted an initial operations plan, but 
later notified us that it does not intend to operate in fishing year 
2023. This sector did not submit a final operations plan for approval. 
The operations plans for the 15 sectors included 18 exemptions 
previously requested by sectors, and approved by NMFS, in fishing years 
2021 and 2022. These sectors did not request any new regulatory 
exemptions. We have determined that the 15 sector operations plans and 
contracts that we received, and that the 18 previously approved 
regulatory exemptions requested, are consistent with the FMP's goals 
and objectives and meet sector requirements outlined in the regulations 
at 50 CFR 648.87. Consequently, in this final rule we are approving the 
15 sector operations plans, as well as the 18 previously approved 
regulatory exemptions requested. No new regulatory exemptions are 
approved as none were requested for fishing year 2023. Copies of the 
operations plans and contracts, and the environmental assessment (EA), 
are available at: http://www.regulations.gov and from NMFS (see 
ADDRESSES).

Catch Limits for Fishing Year 2023

Previously Established Catch Limits

    Last year, Framework Adjustment 63 (Framework 63) (87 FR 42375; 
July 15, 2022) set fishing years 2022-2023 catch limits for two 
groundfish stocks: GOM cod and GB yellowtail flounder. Additionally, 
Framework 61 (86 FR 33191; July 9, 2021) set fishing years 2021-2023 
catch limits for nine groundfish stocks: GB winter flounder; GOM Winter 
flounder; Southern New England/Mid-Atlantic (SNE/MA) winter flounder; 
redfish; northern windowpane flounder; southern windowpane flounder; 
ocean pout; Atlantic halibut; and wolffish. Frameworks 61 and 63 did 
not, however, specify a 2023 catch limit for nine stocks: GB cod; GB 
haddock; GOM haddock; SNE/MA yellowtail flounder; Cape Cod/GOM 
yellowtail flounder; American plaice; witch flounder; white hake; and 
pollock. Framework 65 would set catch limits for these nine stocks (and 
seven other stocks). However, Framework 65 will not be in place by the 
May 1, 2023, start of the fishing year. To prevent disruption to the 
groundfish fishery while Framework 65 is finalized, this final rule 
announces default catch limits that will be in effect for these nine 
stocks until Framework 65 is finalized and goes into effect.
    As a result, the sector and common pool allocations in this rule 
are based on the 2023 catch limits set in Framework 61, Framework 63 or 
default catch limits that will be effective on May 1, 2023, and 
preliminary 2023 fishing year rosters (Table 1). If we approve 
Framework 65, the 2023 catch limits for 16 (out of 20) groundfish 
stocks announced in this rule will change when Framework 65 measures 
become effective.

Default Catch Limits

    This rule announces default catch limits for GB cod; GB haddock; 
GOM haddock; SNE/MA yellowtail flounder; Cape Cod/GOM yellowtail 
flounder; American plaice; witch flounder; white hake; and pollock 
(Table 1). These stocks do not already have a catch limit in place for 
fishing year 2023. 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 in the regulations sets catch limits at 75 
percent of the previous year's (2022) catch limits, except in instances 
where the default catch limit would exceed the Council's recommendation 
for the final specifications. The default catch limits are effective 
from May 1 through October 31, or until the final rule for Framework 65 
is implemented if that final rule is implemented prior to October 31. 
We are announcing these default specifications to comply with the FMP 
as set out in these regulations and to minimize impacts on the fishery 
that would occur if no catch limits are specified. If Framework 65 is 
not implemented on or before October 31, all fishing for these stocks 
would be prohibited beginning November 1.

          Table 1--Northeast Multispecies Catch Limits for 2023
------------------------------------------------------------------------
                                                           Commercial
               Stock                  Total U.S. ABC    groundfish sub-
                                           (mt)             ACL (mt)
------------------------------------------------------------------------
GB Cod ..........................                257              182.9
GOM Cod *.........................                551              269.9
GB Haddock ......................             11,901           11,079.8
GOM Haddock .....................              1,936            1,148.6
GB Yellowtail Flounder *..........                122               97.0

[[Page 26504]]

 
SNE/MA Yellowtail Flounder ......                 17               11.7
CC/GOM Yellowtail Flounder ......                617              518.9
American Plaice .................              2,119            1,972.6
Witch Flounder ..................              1,112              988.0
GB Winter Flounder *..............                608              563.2
GOM Winter Flounder *.............                497              280.9
SNE/MA Winter Flounder *..........                456              288.1
Redfish *.........................              9,967            9,468.7
White Hake ......................              1,587            1,492.6
Pollock .........................             12,609           10,601.0
N. Windowpane Flounder *..........                160              107.9
S. Windowpane Flounder *..........                384               42.9
Ocean Pout *......................                 87               49.8
Atlantic Halibut *................                101               73.4
Atlantic Wolffish *...............                 92               85.6
------------------------------------------------------------------------
* These catch limits are based on fishing year 2023 Frameworks 61 or 63
  and will be replaced when the final rule for Framework 65 becomes
  effective, if approved.
 These catch limits are based on default specifications and will be
  replaced when the final rule for Framework 65 becomes effective, if
  approved. If Framework 65 is not implemented on or before October 31,
  all fishing for these stocks would be prohibited beginning November 1.

Sector Allocations

    This rule allocates ACE to sectors based on the preliminary fishing 
year 2023 sector rosters and the 2023 catch limits established in 
Framework 61, Framework 63, or default specifications, as shown in 
Table 1. Any permits that change ownership after the enrollment 
deadline established by the Regional Administrator (April 3 for fishing 
year 2023) retain the ability to join a sector through April 30, 2023. 
All permit holders who have joined a sector for fishing year 2023 have 
until April 30, 2023, to withdraw and elect to fish in the common pool, 
although sectors may specify a more restrictive withdrawal date for 
their members. As a result, the total permits enrolled in sectors for 
fishing year 2023 could change from the preliminary rosters, although 
such changes are expected to be minimal based on past fishing years. 
For fishing year 2024, we will set similar roster deadlines, notify 
permit holders of the fishing year 2024 deadlines, and allow permit 
holders to change sectors separate from the annual sector operations 
plans approval process.
    We calculate a 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 total PSCs for each 
sector for fishing year 2023. Tables 3 and 4 show the initial 
allocations that each sector is allocated, in pounds and metric tons, 
respectively, for fishing year 2023 based on their preliminary fishing 
year 2023 rosters and the fishing year 2023 catch limits established in 
Framework 61, Framework 63, or default specifications. At the start of 
the 2023 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 later adjustments for ACE transfers, 
reductions for overages, or increases for carryover from fishing year 
2022, to monitor sector catch. We have included the preliminary common 
pool sub-ACLs in tables 2 through 4 for comparison.
    These tables do not represent the final allocations for the 2023 
fishing year. One additional sector, Northeast Fishery Sector VII (NEFS 
7), that was active in fishing year 2022, did not submit a final 
operations plan and will not operate in fishing year 2023. As a result, 
NEFS 7 is not included in tables 2 through 4. We expect the permits 
initially enrolled in NEFS 7 for fishing year 2023 to enroll in a 
different sector or join the common pool for fishing year 2023. ACE 
attributable to those permits will be allocated to whichever sector(s) 
those permits enroll in for 2023, or to the common pool.
    We do not assign each permit separate PSCs 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 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.
    We expect to finalize 2022 catch information in summer 2023. We 
allow sectors to trade fishing year 2022 ACE for 2 weeks upon our 
completion of year-end catch accounting to reduce or eliminate any 
fishing year 2022 overages. If necessary, we reduce any sector's 
fishing year 2023 allocation to account for a remaining overage in 
fishing year 2022. Each year of the operations plans, we notify the 
Council and sector managers of this deadline in writing and announce 
our final ACE determination on our website at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/groundfish_catch_accounting.
BILLING CODE 3510-22-P

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Sector Operations Plans and Contracts

    We are approving 15 sector operations plans and contracts for 
fishing years 2023 and 2024. All 15 sectors were active in fishing 
years 2021 and 2022. One sector, NEFS 7, submitted an initial 
operations plan, but later notified us that they would not be operating 
in fishing year 2023, and did not submit a final operations plan for 
approval. In order to approve a sector's operations plan for fishing 
years 2023 and 2024, we consider whether a sector's plan is consistent 
with regulatory requirements and FMP objectives, and whether it has 
been compliant with reporting requirements from previous years, 
including the year-end reporting requirements found at Sec.  
648.87(b)(1)(v). Approved operations plans contain the rules under 
which each sector will fish, and 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 2023 and 2024, 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 
will include these changes in updated LOAs and provide them to the 
appropriate sectors.
    We may revoke exemptions in-season if: We determine that the 
exemption jeopardizes management measures, FMP 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 be adequately 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 existing regulations or in a separate rulemaking 
action, as appropriate.
    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 will 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 operations plan submitted for fishing years 2023 and 
2024 states that the sector may 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 sector enforcement of its 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 on members 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), sector 
enforcement actions, and pertinent information necessary to evaluate 
the biological, economic, and social impacts of each sector.

Industry-Funded Monitoring Programs

    Sectors are responsible for developing and implementing a 
monitoring program that must be approved by NMFS as both sufficient to 
monitor catch, discards, and use of ACE, and consistent with the sector 
monitoring program goals and objectives. Amendment 23 (87 FR 75852; 
December 9, 2022) replaced the previous method for determining the at-
sea monitoring (ASM) coverage target with a fixed coverage target as a 
percentage of trips, dependent on Federal funding. Each year, NMFS will 
evaluate available Federal funding. NMFS will determine how much 
Federal funding is available for the groundfish sector monitoring 
program and then use that in conjunction with other available 
information (e.g., recent monitoring costs, estimate of the number of 
vessels choosing electronic monitoring (EM)) to calculate the human ASM 
coverage target between 40 and 100 percent for the coming fishing year. 
This funding-based determination replaces the former annual process for 
determining the ASM coverage target for the sector monitoring program.
    For fishing year 2023, sector vessels may choose to use ASM, the 
audit model EM, or the maximized retention EM program to meet 
monitoring requirements, provided that the sector has a corresponding 
monitoring program approved as part of its operations plan. On March 
16, 2023, we announced a preliminary monitoring coverage level of 90 
percent of all sector groundfish trips for the 2023 fishing year. The 
preliminary coverage level was announced to facilitate preparations by 
industry members and monitoring companies ahead of the 2023 fishing 
year. The final ASM coverage level will be announced when the ASM spend 
plan is approved. Vessels that choose to use ASM to meet monitoring 
requirements will be assigned monitors based on the target coverage 
level set for all sector groundfish trips. Vessels that choose to use 
EM to meet monitoring coverage requirements must use cameras and adhere 
to catch handling protocols as described in their vessel monitoring 
plans for all groundfish trips. Only a subset of the submitted trips 
will be selected for review to monitor groundfish discards for catch 
accounting. A subset of the selected EM trips will also undergo editing 
by NMFS to monitor the third-party service provider's performance. The 
vessel owner or operator and the third-party service provider must 
provide the EM data for any given trip to NMFS, and its authorized 
officers and designees, upon request including, but not limited to, 
trips selected for NMFS review. For fishing year 2023, the audit model 
EM

[[Page 26509]]

video footage review rate will be calculated for each active EM vessel 
based on each vessel's performance in 2022. The minimum possible EM 
video footage review rate will be 35 percent of sector trips for audit 
model vessels. The EM video footage review rate remains at 50 percent 
for all maximized retention EM vessels in fishing year 2023. Vessels 
that are new to EM will have a 50-percent video footage review rate in 
2023 to allow more opportunities for feedback on their catch handling 
and reporting performance.
    The operations plans submitted by sectors include industry-funded 
monitoring plans for fishing year 2023. As in previous years, we gave 
sectors the option to design their own monitoring program(s) in 
compliance with regulations or elect to adopt the NMFS-designed ASM 
and/or EM audit model and maximized retention program(s). In the event 
that we cannot approve a proposed monitoring program, we asked all 
sectors to include an option to select a current NMFS-designed 
monitoring program as a fail-safe.
    All active sectors submitted an ASM plan as part of their 
operations plans. 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. Similar to previous years, 
some sectors chose to use the NMFS-designed ASM program while others 
proposed programs of their own design. The NMFS-designed ASM program is 
the same program that we have used in previous fishing years. Sector-
designed ASM programs for fishing years 2023 and 2024 were materially 
the same as those approved in past years. We reviewed all sector-
proposed ASM programs for consistency with ASM requirements.
    Sustainable Harvest Sectors 1, 2, and 3; the GB Cod Fixed Gear 
Sector; the Maine Coast Community Sector; and NEFS 5, 10, 11, and 13 
will use the NMFS-designed ASM program. NEFS 2, 6, 8, and 12 will use a 
sector-designed ASM program, which states that they will: Contract with 
a NMFS-approved ASM provider; meet the specified coverage level; and 
utilize the Pre-Trip Notification System 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 are approving these programs because they are consistent 
with the goals and objectives of ASM and regulatory requirements.
    Thirteen sectors also submitted an EM plan as part of their 
operations plans. Sustainable Harvest Sectors 1, 2, and 3; the GB Cod 
Fixed Gear Sector; the Maine Coast Community Sector; and NEFS 2, 5, 6, 
8, 10, 11, 12, and 13 included the NMFS-designed audit model EM program 
in their operations plans. Sustainable Harvest Sectors 1, 2, and 3; the 
GB Cod Fixed Gear Sector; the Maine Coast Community Sector; and NEFS 2, 
6, 8, 10, 12, and 13 also included the NMFS-designed maximized 
retention EM program in their operations plans.

Approved Exemptions for Fishing Years 2023 and 2024

    We are granting exemptions from the following requirements for 
fishing years 2023 and 2024, 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 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.

Exemption Requests in Fishing Year 2023

    For fishing year 2023, sectors did not request any novel 
exemptions.

Comments and Responses

    We received no comments on the proposed rule.

Changes From the Proposed Rule

    The 16 sector operations plans published in the proposed rule were 
based on sectors' submissions of initial operations plans for fishing 
years 2023 and 2024. NEFS 7 was approved for operation in fishing year 
2022. However, NEFS 7 did not submit a final operations plan and will 
not operate in fishing year 2023. Therefore, the final rule approves 15 
sector operations plans for fishing years 2023 and 2024.
    The allocations published in the proposed rule were based on final 
fishing year 2022 sector rosters because we had not yet processed 
preliminary rosters for the 2023 fishing year. The deadline for 
preliminary sector roster submissions was April 3, 2023. The ACE 
allocated to each sector is updated in this final rule to reflect 
preliminary sector enrollment for fishing year 2023. ACE attributable 
to those permits enrolled in NEFS 7 for fishing year 2022 will be 
allocated to whichever sector(s) those permits enroll in for 2023, or 
to the common pool.
    Sector ACEs published in the proposed rule were based on the New 
England Fishery Management Council's preferred catch limits in 
Framework 65. Framework 65 would set catch limits for 16 (out of 20) 
groundfish stocks. However, Framework 65 will not be in place by the 
May 1, 2023, start of the fishing year. As a result, to authorize 
fishing at the beginning of this fishing year, this rule implements 
allocations based on catch limits previously set in Frameworks 61 and 
63 to the FMP. In addition, ACE is based on default specifications for 
the following stocks which do not already have catch limits set for 
fishing year 2023: GB cod; GB haddock; GOM haddock; SNE/MA yellowtail 
flounder; Cape Cod/GOM yellowtail flounder; American plaice; witch 
flounder; white hake; and pollock. The final rule for Framework 65 will 
include updated sector allocations for relevant stocks, and account for 
any changes from preliminary sector rosters if needed.
    No other changes from the proposed action were made in this final 
rule.

Classification

    NMFS is issuing this rule pursuant to section 305(d) of the 
Magnuson-Stevens Fishery Conservation and Management

[[Page 26510]]

Act (Magnuson-Stevens Act). Consistent with Magnuson-Stevens Act 
section 305(d), this action is necessary to carry out the Northeast 
Multispecies FMP in accordance with the FMP's implementing regulations. 
These regulations require Regional Administrator approval of operations 
plans for sectors to receive their ACE for specific groundfish stocks. 
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 approves 
fishing years 2023 and 2024 operations plans for 15 groundfish sectors 
in the Northeast multispecies fishery and allocates ACE for fishing 
year 2023. This rulemaking was required to be delayed to accommodate 
the sector roster deadline (April 3, 2023). 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 
an approved operations plan and ACE allocations; as such, timely 
implementation is necessary to ensure that sectors may fish at the 
start of the 2023 fishing year on May 1, 2023. 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, thus undermining the intent of the rule. The 
approval of sector operations plans occurs annually. Industry members 
and other stakeholders are aware of and familiar with these proceedings 
and expect them to occur in a timely manner.
    This final rule is exempt from review under Executive Order 12866 
because it contains no implementing regulations. This final rule 
contains no information collection requirements under the Paperwork 
Reduction Act of 1995.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration at the proposed rule stage that this action would not 
have a significant economic impact on a substantial number of small 
entities. No comments were received regarding this certification. In 
addition, the changes from the proposed rule do not affect the factual 
basis for the certification. The factual basis for the certification 
was published in the proposed rule and is not repeated here. As a 
result, a final regulatory flexibility analysis was not required and 
none was prepared.

    Dated: April 25, 2023
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
[FR Doc. 2023-09143 Filed 4-28-23; 8:45 am]
BILLING CODE 3510-22-P