[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Rules and Regulations]
[Pages 25816-25820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07744]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 240318-0082; RTID 0648-XD843]


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Common Pool Fishery and Other Measures for 
Fishing Year 2024

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 2024 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, 2024, through April 30, 2025.

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

[[Page 25817]]

Management Area, and Special Management Programs. This action 
implements a number of these management measures for the 2024 fishing 
year, effective May 1, 2024.

Common Pool Trip Limits

    Regulations at 50 CFR 648.86(o) provide that the Regional 
Administrator may 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 for the start of the 2024 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, 2024, including those set by Framework Adjustment 65 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 2024 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.
    During its December 2023 meeting, the New England Fishery 
Management Council adopted Framework Adjustment 66 to the Northeast 
Multispecies FMP, which, if approved, would modify the common pool sub-
ACLs for several stocks. On March 22, 2024, NMFS published a proposed 
rule for Framework 66, with a comment period ending on April 8, 2024 
(89 FR 20412). It is possible that the final rule for that action is 
not in effect until after the beginning of the fishing year. In that 
case, default specifications for white hake and redfish would be in 
place until that rule is final. When developing the trip limits in this 
action, NMFS considered the Council-recommended sub-ACLs that may be 
implemented in Framework 66. Framework 66's proposed sub-ACLs are not 
sufficiently different from the Framework 65's sub-ACLs to alter NMFS' 
projections and recommendations. Thus, in addition to appropriately 
addressing specifications that would be in place on May 1, 2024, the 
trip limits in this action are expected to avoid exceeding, but not to 
overly constrain catch in a manner that would prevent achieving, any 
sub-ACLs or trimester total allowable catch (TAC) that may be 
implemented by Framework 66. 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 2024 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 dependent on the 
possession and trip limits for groundfish DAS vessels. The default cod 
trip limit is 300 pounds (lb) (136 kilograms (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--2024 Fishing Year Common Pool Possession and Trip Limits
------------------------------------------------------------------------
                 Stock                           2024 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 Special Access
 Program(SAP) (for targeting haddock)].
GOM Cod................................  150 lb (68 kg) per DAS, up to
                                          300 lb (136.1 kg) per trip.
GB Haddock.............................  50,000 lb (22,679.6 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/  200 lb (90.7 kg) per DAS, up to
 MA) Yellowtail Flounder.                 400 lb (181.4 kg) per trip.
Cape Cod (CC)/GOM Yellowtail Flounder..  1,500 lb (680.4 kg) per DAS, up
                                          to 3,000 lb (1,360.8 kg) per
                                          trip.
American plaice........................  3,000 lb (1,360.8 kg) per DAS,
                                          up to 6,000 lb (2,721.6 kg)
                                          per trip.
Witch Flounder.........................  1,500 lb (680.4 kg) per trip.
GB Winter Flounder.....................  500 lb (226.8 kg) per trip.
GOM Winter Flounder....................  2,000 lb (907.2 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.............................  750 lb (340.2 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.


[[Page 25818]]


 Table 2--2024 Fishing Year Cod Trip Limits for Handgear A, Handgear B,
                    and Small Vessel Category Permits
------------------------------------------------------------------------
                 Permit                      Initial 2024 trip limit
------------------------------------------------------------------------
Handgear A GOM Cod.....................  150 lb (68 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 2024. These trimester TACs are based on preliminary sector 
rosters. However, individual permit holders have until the end of the 
2023 fishing year (April 30, 2024) to drop out of a sector and fish in 
the common pool fishery for the 2024 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 that require updated catch limits and/or 
possession and trip limits, these will be announced as soon as 
practicable in the 2024 fishing year to reflect the final sector 
rosters as of May 1, 2024.

              Table 3--Initial Common Pool Trimester Total Allowable Catches for Fishing Year 2024
                                                [Mt, live weight]
----------------------------------------------------------------------------------------------------------------
                                                                         Trimester total allowable catches
                              Stock                              -----------------------------------------------
                                                                    Trimester 1     Trimester 2     Trimester 3
----------------------------------------------------------------------------------------------------------------
GB Cod..........................................................             3.0             3.7             4.1
GOM Cod.........................................................             4.7             3.2             1.7
GB Haddock......................................................            68.1            83.3           100.9
GOM Haddock.....................................................             6.9             6.7            12.1
GB Yellowtail Flounder..........................................             0.9             1.5             2.5
SNE/MA Yellowtail Flounder......................................             1.6             2.1             3.9
CC/GOM Yellowtail Flounder......................................            22.5            10.2             6.7
American Plaice.................................................           105.3            11.4            25.6
Witch Flounder..................................................            22.3             8.1            10.2
GB Winter Flounder..............................................             3.5            10.6            29.9
GOM Winter Flounder.............................................            29.1            29.9            19.7
Redfish.........................................................            17.3            21.5            30.5
White Hake......................................................             4.9             4.0             4.0
Pollock.........................................................            34.2            42.8            45.2
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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 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 2024. As a 
result, this SAP is only open to target haddock, from August 1, 2024, 
through January 31, 2025. 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 2024 
GB yellowtail flounder groundfish sub-ACL implemented by Framework 
Adjustment 65 of 185,845.7 lb (84,298.2 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 2024 GB yellowtail 
flounder allocation.
    If approved, Framework Adjustment 66 would reduce the 2024 GB 
yellowtail flounder sub-ACL. As a result, NMFS does not expect the 
final rule implementing Framework 66, if approved, would change the 
determination to allocate no 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 65 implemented Common Pool Incidental Catch 
TACs for the Regular B DAS Program for the 2024 fishing year (table 4). 
These TACs are further divided into Quarterly Incidental Catch TACs to 
be monitored and managed during each calendar quarter.

[[Page 25819]]



          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     2nd quarter     3rd quarter     4th quarter
                                       2024        (13 percent)    (29 percent)    (29 percent)    (29 percent)
----------------------------------------------------------------------------------------------------------------
GB Cod..........................            0.11            0.01            0.03            0.03            0.03
GOM Cod.........................            0.11            0.01            0.03            0.03            0.03
GB Yellowtail Flounder..........            0.05            0.01            0.01            0.01            0.01
CC/GOM Yellowtail Flounder......            0.48            0.06            0.14            0.14            0.14
American Plaice.................            7.27            0.94            2.11            2.11            2.11
Witch Flounder..................            2.06            0.27            0.60            0.60            0.60
SNE/MA Winter Flounder..........            0.53            0.07            0.15            0.15            0.15
----------------------------------------------------------------------------------------------------------------

    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 2024, 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 2024 fishing year, through April 30, 2025. 
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) provide that the Regional 
Administrator may 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, 2024, for the 
2024 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 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.
    To ensure proper carrying out of the FMP's Closed Area II 
Yellowtail Flounder/Haddock SAP, regulations at Sec.  648.85(b)(3)(vii) 
provide that the Regional Administrator is responsible for announcing 
the appropriate 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 ensures that the fishing industry has sufficient notice in 
order to plan their activities in the new fishing year. This action 
occurs annually. Industry participants are accustomed to it and expect 
its timely implementation. No trips have been allocated to this SAP 
from fishing year 2010 to fishing year 2023.
    Regulations at Sec.  648.85(b)(6)(vi) provide that the Regional 
Administrator may close the Regular B DAS program by prohibiting the 
use of Regular B DAS when the Regional Administrator projects that 
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 likely exceed the allocation. Exceeding the allocation is 
against the public's interest of achieving optimum yield.
    In addition to the adverse consequences of exceeding the 
allocation, delaying implementation of this action for prior notice and 
opportunity for comment is unnecessary. These processes and criteria 
for determinations 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 participants with the maximum fishing opportunities 
practicable that avoid excess catch and potential overfishing. Fishing 
industry participants and other stakeholders expect these actions to 
occur annually and in-season. These actions are regular occurrences to 
which participants have become accustomed. This action must be 
implemented prior to May 1, 2024, to avoid adverse impacts on common 
pool fishery stocks and participants by ensuring that the fishery's 
catch limits are not exceeded. This action was originally intended to 
be included in the Final Rule for Framework 66. The agency only 
recently had sufficient information to determine that Framework 66 may 
not

[[Page 25820]]

be in effect prior to May 1, 2024, and that publication of this notice 
as a separate in-season action was necessary to ensure that these 
measures are implemented at the start of fishing year 2024 on May 1, 
2024.
    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 8, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2024-07744 Filed 4-11-24; 8:45 am]
BILLING CODE 3510-22-P