Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; 2019 and 2020 Sector Operations Plans and 2019 Allocation of Northeast Multispecies Annual Catch Entitlements, 8282-8294 [2019-04141]
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Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Proposed Rules
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[FR Doc. 2019–04142 Filed 3–6–19; 8:45 am]
BILLING CODE 6712–01–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 190205076–9168–01]
RIN 0648–BI71
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; 2019 and 2020 Sector
Operations Plans and 2019 Allocation
of Northeast Multispecies Annual
Catch Entitlements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule.
AGENCY:
We propose to approve
Northeast multispecies sector operations
plans and grant regulatory exemptions
for fishing years 2019 and 2020, approve
the formation of a new sector, and
provide preliminary annual catch
entitlements to approved sectors for
fishing year 2019. Approval of sector
operations plans and contracts is
necessary to allocate annual catch
entitlements to the sectors and for the
sectors to operate. This action is
intended to allow limited access permit
holders to form sectors, as authorized
under the Northeast Multispecies
Fishery Management Plan, and to
exempt them from certain effort control
regulations to improve the efficiency
and economics of sector vessels.
DATES: Written comments must be
received on or before March 22, 2019.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2018–0139, by either of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20180139, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Claire Fitz-Gerald, 55 Great Republic
Drive, Gloucester, MA 01930.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
SUMMARY:
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information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Copies of each sector’s final
operations plan and contract are
available from the NMFS Greater
Atlantic Regional Fisheries Office:
Michael Pentony, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. These
documents are also accessible via the
Federal eRulemaking Portal: https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
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Claire Fitz-Gerald, Fishery Management
Specialist, (978) 281–9255. To review
Federal Register documents referenced
in this rule, you can visit: https://
www.greateratlantic.fisheries.noaa.gov/
sustainable/species/multispecies.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Multispecies Fishery
Management Plan (FMP) defines a
sector as ‘‘[a] group of persons (three or
more persons, none of whom have an
ownership interest in the other two
persons in the sector) holding limited
access vessel 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.’’
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
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
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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);
portions of the Gulf of Maine (GOM)
Cod Protection Closures; and the at-sea
monitoring (ASM) coverage requirement
for sector vessels fishing exclusively in
the Southern New England (SNE) and
Inshore GB Broad Stock Areas (BSA)
with extra-large mesh gillnets (10-inch
[25.4-cm] or greater). The FMP 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. Although stateoperated permit banks are no longer
approved through the sector approval
process, they are included in this
discussion of allocations because they
contribute to the total allocation under
the sector system.
We received operations plans and
preliminary contracts for fishing years
2019 and 2020 from 20 sectors. The
operations plans are similar to
operations plans and contracts
previously approved for prior fishing
years. We have made a preliminary
determination that the 20 sector
operations plans and contracts that we
received, and the 19 regulatory
exemptions requested, are consistent
with the FMP’s goals and objectives,
and meet sector requirements outlined
in the regulations at § 648.87. Copies of
the operations plans and contracts, and
the environmental assessment (EA), are
available at: https://www.regulations.gov
and from NMFS (see ADDRESSES).
Default Catch Limits for Fishing Year
2019
Last year, Framework 57 set fishing
year 2019 catch limits for all groundfish
stocks (83 FR 18985; May 1, 2018). The
2019 catch limits for most stocks remain
the same as, or similar, to 2018 limits.
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Framework 57 did not, however, specify
a 2019 catch limit for Eastern GB cod.
Eastern GB cod is a management unit of
the GB cod stock that is jointly managed
with Canada, and the shared quota is set
annually.
This year, in Framework 58, the
Council adopted revised 2019 catch
limits for GB cod, GB haddock, GB
yellowtail, witch flounder, GB winter
flounder, GOM winter flounder, and
Atlantic halibut. We are working to
publish a proposed rule to request
comments on the Framework 58
measures. Due to the 35-day Federal
government shutdown resulting from a
lapse in appropriations, there will be a
delay in the rulemaking process for
Framework 58, and it will not be
possible to implement these measures in
time for May 1, 2019.
As a result, this rule announces the
2019 catch limits set in Framework 57
that would be effective on May 1, 2019,
including preliminary sector and
common pool allocations based on final
2018 fishing year rosters (Table 1). If
Framework 58 is approved, the 2019
catch limits announced in this rule for
GB cod, GB haddock, GB yellowtail,
witch flounder, GB winter flounder,
GOM winter flounder, and Atlantic
halibut will change. This rule also sets
a default catch limit for Eastern GB cod.
The groundfish regulations require
default catch limits for any stock for
which final specifications are not in
place by the beginning of the fishing
year on May 1. The FMP’s default
specifications provision sets catch at 35
percent of the previous year’s (2018)
catch limits beginning on May 1 through
July 31, or until the final rule for
Framework 58 is implemented if prior
to July 31.
In Framework 58, the Council
recommended a total ACL of 103 mt for
GB yellowtail flounder in fishing year
2019. This is a 64-percent decrease from
the fishing year 2019 ACL previously set
in Framework 57, and a 50-percent
decrease from the fishing year 2018
ACL. The Council also revised the
fishing year 2019 ACL for GB cod to
1,741 mt. This a 14-percent increase
from the fishing year 2018 ACL, but a
20-percent decrease from the fishing
year 2019 ACL previously set in
Framework 57. The adjustments are
based on the recommendation of the
Transboundary Management Guidance
Committee, which is the joint U.S./
Canada management body that meets
annually to recommend shared quotas
for the three transboundary stocks.
These recommendations will be further
discussed in the Framework 58
proposed rule. We are highlighting these
changes in this rule because the GB
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ACE for these stocks will be reduced
when Framework 58 is implemented.
Framework 58 would also adjust the
GOM cod catch limits for commercial
groundfish vessels. The sector sub-ACL
for GOM cod would be reduced by 28.8
yellowtail flounder and GB cod sector
allocations proposed in this rule are
based on the higher 2019 catch limits
previously approved in Framework 57.
If the Council’s recommended catch
limits become final with no changes,
mt for fishing year 2019. This
adjustment is required because the total
ACL was exceeded in fishing year 2017.
Therefore, sectors’ ACE will be reduced
when Framework 58 is implemented
compared to their May 1 allocations.
TABLE 1—NORTHEAST MULTISPECIES CATCH LIMITS FOR 2019
Stock
Total ACL
GB Cod * ...........................
GOM Cod * ........................
GB Haddock * ....................
GOM Haddock ..................
GB Yellowtail Flounder * ...
SNE/MA Yellowtail Flounder ..................................
CC/GOM Yellowtail Flounder ..................................
American Plaice ................
Witch Flounder * ................
GB Winter Flounder * ........
GOM Winter Flounder * .....
SNE/MA Winter Flounder ..
Redfish ..............................
White Hake ........................
Pollock ...............................
N. Windowpane Flounder
S. Windowpane Flounder ..
Ocean Pout .......................
Atlantic Halibut * ................
Atlantic Wolffish .................
Groundfish
sub-ACL
Preliminary
sector
sub-ACL
Preliminary
common pool
sub-ACL
Recreational
sub-ACL
Midwater
trawl
fishery
Scallop
fishery
Smallmesh
fisheries
State
waters
subcomponent
Other
subcomponent
1,519
666
46,312
11,803
291
1,360
610
44,659
11,506
239
1,333
378
44,340
8,219
235
28
12
319
93
4
................
220
................
3,194
................
................
................
680
116
................
................
................
................
................
47
................
................
................
................
6
16
47
487
91
0
143
9
487
91
0
66
32
26
6
................
................
15
................
2
17
490
1,532
948
787
428
700
11,208
2,794
38,204
86
457
120
100
84
398
1,467
849
731
357
518
10,972
2,735
37,400
63
53
94
77
82
381
1,442
831
725
339
456
10,921
2,715
37,170
........................
........................
........................
........................
........................
17
26
18
6
18
62
51
21
230
63
53
94
77
82
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
18
158
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
................
51
32
40
0
67
73
118
29
402
2
28
3
21
1
41
32
60
57
4
109
118
29
402
3
218
23
2
1
* Catch limit will be replaced when the final rule for Framework 58 becomes effective.
Formation of a New Sector
This action proposes to approve the
formation of a new sector, Mooncusser
Sector, for operation beginning in the
2019 fishing year. We have
preliminarily determined that the sector
operations plan and preliminary
contract submitted by Mooncusser
Sector contains the required provisions
for operations. The request to form the
sector went through the new approval
process established in Framework 55
(81 FR 26412; May 2, 2016). As required
by the FMP, we consulted with the New
England Fishery Management Council
on the formation of this new sector. At
its January 2019 meeting, the Council
reviewed the sector’s proposed
operations plan and preliminary
contract and recommended that we
approve the new sector.
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Sector Allocations
The sector allocations proposed in
this rule are based on the 2019 catch
limits established in Framework 57 and
final fishing year 2018 sector rosters.
Due to the 35-day partial Federal
government shutdown resulting from a
lack of appropriations, there was a delay
in distributing the annual letter
describing each vessel’s potential
contribution to a sector’s quota for the
upcoming fishing year, and the deadline
to enroll in a sector is set for March 8,
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2019, although sectors may set a more
restrictive deadline for their members.
Thus, we are using fishing year 2018
rosters as a proxy for fishing year 2019
sector membership and to calculate the
fishing year 2019 projected allocations
in this proposed rule.
Any permits that change ownership
after December 1, 2018, retain the ability
to join a sector through April 30, 2019.
All permits enrolled in a sector, and the
vessels associated with those permits,
have until April 30, 2019, to withdraw
from a sector and fish in the common
pool for fishing year 2019. For fishing
year 2020, we will set similar roster
deadlines, notify permit holders of the
fishing year 2020 deadlines, and allow
permit holders to change sectors
separate from the annual sector
operations plans approval process.
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 2 shows
the projected total fishing year 2019 PSC
by stock for the 18 sectors approved to
operate in fishing year 2018 that
submitted operations plans for 2019.
Tables 3 and 4 show the initial
allocations that each sector would be
allocated for fishing year 2019 based on
their final fishing year 2018 rosters. At
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the start of the 2019 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 2018, to monitor sector
catch. We have included the common
pool sub-ACLs in tables 2 through 4 for
comparison.
These tables do not represent the final
allocations for the 2019 fishing year.
Northeast Fishery Sector IX (NEFS 9)
was approved for operation in fishing
year 2018. However, NEFS 9 did not
submit an operations plan and will not
operate in fishing year 2019. As a result,
NEFS 9 is not included in these tables
and the permits enrolled in NEFS 9 for
fishing year 2018 are excluded from
tables 2 through 4. We expect the
permits enrolled in NEFS 9 for fishing
year 2018 to enroll in a different sector
or join the common pool for fishing year
2019. ACE attributable to those permits
will be allocated to whichever sector(s)
those permits enroll in for 2019, or to
the common pool.
We also cannot calculate ACEs for the
GB Cod Hook Gear and Mooncusser
sectors until they submit their
preliminary rosters. We do not have
roster data for these sectors because they
did not operate in fishing year 2018. GB
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Cod Hook Gear and Mooncusser sectors’
2019 rosters will include permits
currently enrolled in other sectors or
fishing in the common pool, and these
two sectors’ final ACE allocations will
be based on the PSC of their enrolled
permits.
We do not assign a 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
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commercial Eastern U.S./Canada Area
GB cod total allowable catch (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.
At the start of fishing year 2019, we
may withhold 20 percent of each
sector’s fishing year 2019 allocation
until we finalize fishing year 2018 catch
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8285
information. We expect to finalize 2018
catch information in summer 2019. We
will allow sectors to transfer fishing
year 2018 ACE for 2 weeks upon our
completion of year-end catch
accounting to reduce or eliminate any
fishing year 2018 overages. If necessary,
we will reduce any sector’s fishing year
2019 allocation to account for a
remaining overage in fishing year 2018.
We will follow the same process for
fishing year 2020. Each year of the
operations plans, we will notify the
Council and sector managers of this
deadline in writing and will announce
our final ACE determination on our
website at: https://www.greateratlantic.
fisheries.noaa.gov/.
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2.93199915
103 I
E:\FR\FM\07MRP1.SGM
NEFS ll
NE.FS 12
NEFS 13
3.01910742
I 0.29554691
I 0.57529987
2.06647596
2 73481092
I 8.70615590
I 0.69179850
I 6.95881763
I 0.86864063 I 6.72243130
8.08918995
6 35807286
0.20605~26
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0.09444524
0 042503"77
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I 5.31716915
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3 307:>5~91
11 26852074 I
7.40318927
25.51455363
8 53317090
I 10.56678060 I 9 61237901
I 9.33559754
I 33.29143002 I 2.94812549
I 17.56207910 I 9.05128922
6.37700021
6 34572004
0.56859828
13.69216769
7 87JI2608,1
I 11.825!J 1575
I 2 88087676
I 3.!111526 1159
I 21.620116936 I 2.92895959
I 10.137JI826I I 0.860821178
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4.566 7 6~63
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7.52!J69081
I 0.82300'111
7.2 11866512
1.0211808I2
I 0756610,1
0.03628597
0.00000000
0.02597655
0.00000000
0.0275501I
0 00000000
0.01I88565
0 OOI32I02
0.00000000
0.08836205
0.00000000
0.01078957
0.00000000
0.00000000
0 00074893
29
I 0.52579929
2.46705I88
I o.I7673207
1.2820II73
0.00114846
0 54787147
4.27769586
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0.33489609
0.65458084
0 76311145
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I 20 11363366
1.05216166
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21.02740370
8.84077703
8 48479097
9.29874478
1782190596
3.05173593
16.60359315
4.28319288
2.14963722
2 62058433
0.00082208
l.l43504l3
0.00003406
0.03234651
0.00002026
0 00001788
0.02179244
0 02847769
0.00615968
0.00000324
0.06067478
0.00003630
0.01940054
0.08129901
0 lll3l4l6
19
2.1026I792
3.14897265
2.39196971
3.86043539
0.96052938
0 08973562
3.13554444
482I91323
3.7I956670
5.7159374I
4.51028I79
0.54868599
4.2430I547
4.34623536
2 78878579
29
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4.59"75027~
0.~0~03729
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2.23449302
2 20056490
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0.46607499
1.45130602
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3.73312912
7.136133~6
0 57699124
7 33823616
8.41660054
311 I
KErs 9
NEFS 10
2.~~5~7:>~1
50 I 13.20690930 I
0.0006l:W19
I 4.02920616
I 938858551
62
I 12.1832!777
I
New
Hampstnre
Permit
Bank
Sustainable
Harvest
Sector 1
Sustainable
IIarvest
Sector 2
~ustainab1e
Harvest
Sector 3
Common
Pool
62 I 15.92449024
I 499 I 2.02989154
7.60631203
29 36434222 I 29.14499485
I 3.04896442
I 0.71366064 I l.ll667657
l 0.94736882
I
1.51826234
25.67361864 I 23.40387578
13.46526402
I 19.30332244 I 4.27117314 I 176482273 I 2.16562617 I 0.81892736
4.63938301
I 4.93789247
17.27118672
I 36.33428831 I 30.59905750 I 21.98401454
I 11.93068915 I 0.46639478 I 0.75174622
*The data in this table are based on final fishing year 2018 sector rosters. The table does not provide an allocation for GB Cod Hook Gear and Mooncusser, which did not operate
in 2018. The table excludes permits enrolled in NEFS 9 for fishing year 2018, because NEFS 9 will not operate in 2019. Therefore, the values for some stocks do not sum to 100
percent.
EP07MR19.000</GPH>
0 61480822
Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Proposed Rules
16:50 Mar 06, 2019
Table 2. Cumulative PSC (percentage) each sector would receive by stock for fishing year 2019.*
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40
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119
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420
7,637
2
32
82
418
779
1,175
9
1
26
336
147
12
21
17
1,500
642
8,921
MPB
0
4
10
15
28
206
0
0
3
38
14
0
3
0
199
100
1,397
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0
5
9
46
85
105
0
0
5
4
3
0
8
4
110
50
392
NEFS 1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
NEFS2
12
175
184
3,676
6,848
3,504
10
1
196
345
268
52
172
46
3,634
460
10,409
NEFS 3
1
10
60
10
18
852
0
0
31
24
11
0
32
3
139
125
2,255
NEFS4
8
117
91
1,840
3,428
1,578
11
2
53
304
163
11
55
10
1,626
488
5,242
Sfmt 4725
NEFS5
1
13
0
280
522
1
7
15
2
14
11
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0
138
4
6
35
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6
81
25
1,008
1,878
705
14
4
33
126
98
24
36
22
1,286
236
2,728
NEFS7
26
370
26
3,875
7,219
1,357
134
6
93
311
175
536
23
201
2,189
385
5,232
NEFS8
15
211
7
2,493
4,644
104
72
6
42
93
64
348
23
116
208
62
887
NEFS 10
1
15
21
61
113
235
0
0
38
35
38
0
72
7
81
39
629
NEFS 11
1
11
107
13
24
566
0
0
22
67
37
0
17
0
475
285
7,441
NEFS 12
1
18
25
32
60
186
0
0
69
16
11
0
59
2
55
17
639
NEFS 13
24
341
8
6,918
12,885
193
181
15
78
274
174
287
24
190
1,036
130
2,161
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0
0
10
0
0
6
0
0
0
1
0
0
0
0
5
5
92
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4
59
27
823
1,532
707
5
0
28
156
70
92
35
6
1,026
262
2,299
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2
32
39
278
518
595
12
2
9
159
56
8
11
13
903
430
5,423
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32
446
65
10,099
18,812
5,451
58
5
74
831
438
217
36
197
8,789
1,845
18,127
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Pool
4
57
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07MRP1
Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Proposed Rules
16:50 Mar 06, 2019
Table 3. ACE in 1,000 lbs ), by stock, for each sector for fishing year 2019. *#
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07MRP1
Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Proposed Rules
16:50 Mar 06, 2019
EP07MR19.002</GPH>
* The data in this table are based on final fishing year 2018 sector rosters. The table does not provide an allocation for GB Cod Hook Gear and Mooncusser, which did not operate
in 2018. The table excludes permits emolled in NEFS 9 for fishing year 2018, because NEFS 9 will not operate in 2019. Therefore, the values for some stocks do not sum to 100
fercent.
Numbers are rounded to the nearest thousand pounds. In some cases, this table shows an allocation ofO, hut that sector may he allocated a small amount of that stock in tens or
hundreds pounds.
1\ The data in Lhe table represent the total allocations to each sector.
amozie on DSK9F9SC42PROD with PROPOSALS
VerDate Sep<11>2014
#
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Name
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20
25
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54
15
368
190
3,464
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l
15
37
190
353
533
4
0
12
153
67
5
10
8
681
291
4,047
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4
7
13
93
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17
6
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90
45
634
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0
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21
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48
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2
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50
22
178
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0
0
0
0
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0
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0
0
0
0
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0
0
0
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6
79
83
1,668
3,106
1,589
5
l
89
156
122
24
78
21
1,648
208
4,722
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0
4
27
4
8
386
0
0
14
ll
5
0
14
2
63
57
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4
53
41
835
1,555
716
5
l
24
138
74
5
25
4
738
221
2,378
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0
6
0
127
237
0
3
7
l
6
5
3
0
63
2
3
16
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3
37
12
457
852
320
6
2
15
57
44
ll
16
10
583
107
1,237
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12
168
12
1,758
3,274
615
61
3
42
141
79
243
ll
91
993
174
2,373
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7
96
3
1,131
2,106
47
33
3
19
42
29
158
10
53
94
28
402
NEFS lO
0
7
10
28
51
107
0
0
17
16
17
0
32
3
37
18
285
NEFS ll
0
5
49
6
ll
257
0
0
10
31
17
0
8
0
216
129
3,375
NEFS 12
l
8
ll
15
27
84
0
0
31
7
5
0
27
l
25
8
290
NEFS l3
ll
155
4
3,138
5,845
87
82
7
35
125
79
130
ll
86
470
59
980
NHPB
0
0
4
0
0
3
0
0
0
0
0
0
0
0
2
2
42
SHS l
2
27
12
373
695
321
2
0
12
7l
32
42
16
3
466
119
1,043
SHS2
l
15
18
126
235
270
5
l
4
72
26
3
5
6
410
195
2,460
SHS3
Common
Pool
Sector
Total
14
202
30
4,581
8,533
2,472
26
2
34
377
199
98
17
89
3,987
837
8,222
2
26
12
Ill
207
93
4
6
17
26
18
6
18
62
51
21
230
88
1,245
378 15,489 28,851
8,219
235
26
381
1,442
831
725
339
456 10,921
Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Proposed Rules
16:50 Mar 06, 2019
"Q
2,715 37,170
8289
EP07MR19.003</GPH>
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07MRP1
Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Proposed Rules
16:50 Mar 06, 2019
EP07MR19.004</GPH>
* The data in this table are based on final fishing year 2018 sector rosters. The table does not provide an allocation for GB Cod Hook Gear and Mooncusser, which did not operate
in 2018. The table excludes permits emolled in NEFS 9 for fishing year 2018, because NEFS 9 will not operate in 2019. Therefore, the values for some stocks do not sum to 100
fercent.
Numbers are rounded to the nearest metric ton, but allocations are made in pounds. In some cases, this table shows a sector allocation of 0 metric tons, but that sector may be
allocated a small amount of that stock in pounds.
1\ The data in the table represent the total allocations to each sector.
amozie on DSK9F9SC42PROD with PROPOSALS
Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Proposed Rules
Sector Operations Plans and Contracts
Twenty-one groundfish sectors are
approved to operate in the groundfish
sector fishery, 19 of which were active
in fishing year 2018. Of those 19 sectors,
18 submitted operations plans and
contracts for approval for fishing years
2019 and 2020. Northeast Fishery Sector
IX did not submit an operations plan for
fishing year 2019. Two additional
sectors, GB Cod Hook Gear and
Mooncusser, submitted operations plans
and contracts, for a total of 20 sectors.
We are proposing to approve 20 sector
operations plans and contracts for
fishing years 2019 and 2020. In order to
approve a sector’s operations plan for
fishing years 2019 and 2020, 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
§ 648.87(b)(1)(vi)(C). Approved
operations plans, provided on our
website as a single document for each
sector, not only contain the rules under
which each sector would fish, but 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
§ 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 2019 and 2020,
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 would
include these changes in updated LOAs
and provide them to the appropriate
sectors.
As in previous years, we retain the
right to revoke exemptions in-season if:
We determine that the exemption
jeopardizes management measures,
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 adequately be
VerDate Sep<11>2014
16:50 Mar 06, 2019
Jkt 247001
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
Administrative Procedure Act.
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 nongroundfish species would be deducted
from the sector’s ACE because these are
groundfish trips using gear capable of
catching groundfish. Catch from a nonsector trip in an exempted fishery does
not count against a sector’s allocation
and is assigned to a separate ACL subcomponent to account for any
groundfish bycatch that occurs in nongroundfish fisheries.
Each sector contract details the
method for initial ACE sub-allocation to
sector members. For fishing years 2019
and 2020, each sector has proposed that
each active sector member could harvest
an amount of fish equal to the amount
each individual member’s permit
contributed to the sector, as modified by
the sector for reserves or other
management measures. Each sector
operations plan submitted for fishing
years 2019 and 2020 states that the
sector would 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 enforcement of the
sector’s 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 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
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
8291
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),
enforcement actions, and pertinent
information necessary to evaluate the
biological, economic, and social impacts
of each sector.
At-Sea Monitoring
Sectors are responsible for the at-sea
portion of costs associated with the
sector ASM program, even in years
when reimbursement funds are
available, and for designing,
implementing, and funding an ASM
program that will provide the level of
ASM coverage specified annually. We
are required to specify a level of ASM
coverage using a process described in
Framework 55 (81 FR 26412; May 2,
2016) that provides a reliable estimate of
overall catch by sectors needed for
monitoring ACEs and ACLs while
minimizing the cost burden to sectors
and NMFS to the extent practicable.
The draft operations plans submitted
in October 2018 included industryfunded ASM plans to be used for fishing
year 2019. As in previous years, we gave
sectors the option to design their own
programs in compliance with
regulations, or elect to adopt the NMFSdesigned ASM program that we have
used in previous fishing years. As in
past years, several sectors chose to
adopt the NMFS-designed program
while others proposed programs of their
own design. Sector-designed ASM
programs for fishing years 2019 and
2020 were similar to those approved in
past years. In the event we cannot
approve a proposed ASM program, we
asked all sectors to include an option to
use the current NMFS-designed ASM
program as a back-up.
Sustainable Harvest Sectors 1, 2, and
3, GB Cod Fixed Gear Sector,
Mooncusser Sector, Northeast Coastal
Communities Sector, Maine Coast
Community Sector, and Northeast
Fishery Sectors 5, 10, 11, and 13 have
proposed to use the ASM program that
was developed by NMFS. We propose to
approve this program for these sectors
because it is consistent with goals and
objectives of monitoring and regulatory
requirements. Sectors that operate only
as permit banks, and explicitly prohibit
fishing in their operations plans, are not
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required to include provisions for an
ASM program.
We propose to approve the ASM
programs proposed by the remaining
seven active sectors, NEFS 1, 2, 3, 6, 7,
8, and 12, which state that they will:
Contract with a NMFS-approved ASM
provider; meet the specified coverage
level; and utilize the PTNS 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 have determined that
the programs are consistent with the
goals and objectives of at-sea monitoring
and regulatory requirements.
In fishing years 2010 and 2011, we
funded an ASM program with a target
ASM coverage level of 30 percent of all
trips. In addition, we provided 8percent observer coverage through the
Northeast Fishery Observer Program
(NEFOP), which helps to support the
Standardized Bycatch Reporting
Methodology (SBRM) and stock
assessments. This resulted in an overall
target coverage level of 38 percent for
fishing years 2010 and 2011, from the
combined ASM and NEFOP. Beginning
in fishing year 2012, we have conducted
an annual analysis to determine the
total target coverage level. Table 5
depicts the annual target coverage
levels. Industry has been required to pay
for their ASM coverage costs since 2012,
while we continued to fund NEFOP
coverage. However, we were able to
fund the industry’s portion of ASM
costs and NEFOP coverage in fishing
years 2012 through most of 2015.
Industry paid for their portion of the
ASM program beginning in March 2016.
In June 2016, after determining that the
SBRM monitoring program could be
fully funded with additional funding
remaining, we announced that we had
funds available to offset some of
industry’s costs of the groundfish ASM
program in 2016. We reimbursed sectors
for 85 percent of their ASM costs for 10
months of the fishing year, distributed
through a grant by the Atlantic States
Marine Fisheries Commission. In fishing
year 2017, using leftover funds from the
2016 grant, we reimbursed sectors for 60
percent of industry costs in fishing year
2017. Fishing effort was lower than
expected in the first few months of the
fishing year, and we were ultimately
able to retroactively reimburse sectors
for an additional estimated 25 percent of
industry’s 2017 costs, which exhausted
the remaining available SBRM funds.
TABLE 5—HISTORIC TARGET COVERAGE LEVEL FOR MONITORING
Fishing year
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2010
2011
2012
2013
2014
2015
2016
2017
2018
Total target
coverage level
(percent)
ASM target
coverage level
(percent)
NEFOP target
coverage level
(percent)
38
38
25
22
26
16
14
16
15
30
30
17
14
18
12
10
8
10
8
8
8
8
8
4
4
8
5
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
.............................................................................................................................................
In fiscal year 2018, Congress
appropriated $10.3 million for
groundfish at-sea monitoring. With
these funds, we were able to fully
reimburse industry costs in fishing year
2018. Although the exact costs for
fishing year 2019 are not known at this
time, based on previous fishing year
costs, we expect funds to be available to
reimburse industry costs. We are in the
process of determining the target
coverage level for fishing year 2019.
When it is available, we will announce
the coverage level and make the
supporting documentation available to
the public.
In fishing year 2018, a number of
sectors have realized ASM coverage
levels below the target coverage level.
Since this issue became known during
the fishing year, we have been working
with the sectors and approved service
providers to increase coverage levels.
Sectors have been proactive in their
efforts to correct the issue. Sectors with
low ASM coverage levels have
participated in monthly meetings with
the Northeast Fisheries Science Center
staff and service providers to develop
strategies for increasing coverage;
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conducted targeted outreach with sector
members to improve their
understanding of ASM requirements;
and submitted monthly reports to us
documenting their efforts. Two sectors
have contracted with an additional
service provider for the remainder of the
fishing year. Service providers are also
working to improve coverage levels. The
Northeast Fisheries Science Center held
an ASM certification course in
December 2018, and all four approved
providers took the opportunity to train
additional staff. Increased staffing levels
will help providers meet ASM contract
requirements. We expect to continue
working with sectors and service
providers throughout the remainder of
the year to increase coverage levels for
2018, and to ensure they meet the
specified coverage target in 2019.
Granted Exemptions for Fishing Years
2019 and 2020
Previously Granted Exemptions Granted
for Fishing Years 2019 and 2020 (1–19)
We are granting exemptions from the
following requirements for fishing years
2019 and 2020, all of which have been
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Frm 00015
Fmt 4702
Sfmt 4702
requested and granted in previous years:
(1) 120-day block out of the fishery
required for Day gillnet vessels; (2) 20day spawning block out of the fishery
required for all vessels; (3) limits on the
number of gillnets for Day gillnet
vessels outside the GOM; (4) prohibition
on a vessel hauling another vessel’s
gillnet gear; (5) limits on the number of
gillnets that may be hauled on GB when
fishing under a Northeast multispecies/
monkfish DAS; (6) limits on the number
of hooks that may be fished; (7) DAS
Leasing Program length and horsepower
restrictions; (8) prohibition on
discarding; (9) gear requirements in the
Eastern U.S./Canada Management Area;
(10) prohibition on a vessel hauling
another vessel’s hook gear; (11) the
requirement to declare an intent to fish
in the Eastern U.S./Canada Special
Access Program (SAP) and the Closed
Area (CA) II Yellowtail Flounder/
Haddock SAP prior to leaving the dock;
(12) seasonal restrictions for the Eastern
U.S./Canada Haddock SAP; (13)
seasonal restrictions for the CA II
Yellowtail Flounder/Haddock SAP; (14)
sampling exemption; (15) 6.5-inch
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minimum mesh size requirement for
trawl nets to allow a 5.5-inch codend on
directed redfish trips; (16) prohibition
on combining small-mesh exempted
fishery and sector trips in SNE; (17)
extra-large mesh requirement to target
dogfish on trips excluded from ASM in
SNE and Inshore GB; (18) requirement
that Handgear A vessels carry a Vessel
Monitoring System (VMS) unit when
fishing in a single broad stock area; and
(19) limits on the number of gillnets for
Day gillnet vessels in the GOM. A
detailed description of the previously
granted exemptions and supporting
rationale can be found in the applicable
final rules identified in Table 6 below.
Several exemptions available to
sectors in previous fishing years were
rendered obsolete when the Omnibus
Essential Fish Habitat Amendment 2
went into effect (83 FR 15240; April 9,
2018). The amendment removed the GB
Seasonal Closure Area and Nantucket
Lightship Closed Area, and changed CA
I from a year-round closed area to a
seasonal spawning closure.
Consequently, sector exemptions
pertaining to these closed areas are no
longer applicable. These exemptions
include: GB Seasonal Closure Area in
May (previously a ‘‘universal’’
exemption); daily catch reporting by
sector managers for vessels participating
in the CA I Hook Gear Haddock SAP;
prohibition on fishing inside and
outside the CA I Hook Gear Haddock
SAP while on the same trip; and the
prohibition on groundfish trips in
Nantucket Lightship Closed Area.
Sectors did not request any of these
exemptions for fishing year 2019.
TABLE 6—EXEMPTIONS FROM PREVIOUS FISHING YEARS THAT ARE GRANTED IN FISHING YEARS 2019 AND 2020
Exemptions
Rulemaking
Date of
publication
1–2, 4–9 .........
10–11 .............
12–14 .............
3, 15–16 .........
17 ...................
18 ...................
19 ...................
Fishing Year 2011 Sector Operations Final Rule .............................................
Fishing Year 2012 Sector Operations Final Rule .............................................
Fishing Year 2013 Sector Operations Interim Final Rule .................................
Fishing Years 2015–2016 Sector Operations Final Rule .................................
Framework 55 Final Rule ..................................................................................
Amendment 18 Final Rule ................................................................................
Fishing Year 2018 Sector Operations Final Rule .............................................
April 25, 2011 ..........................
May 2, 2012 ............................
May 2, 2013 ............................
May 1, 2015 ............................
May 2, 2016 ............................
April 21, 2017 ..........................
May 1, 2018 ............................
Citation
76
77
78
80
81
82
83
FR
FR
FR
FR
FR
FR
FR
23076
26129
25591
25143
26412
18706
18965
Northeast Multispecies Federal Register documents can be found at https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/.
amozie on DSK9F9SC42PROD with PROPOSALS
Additional Sector Operations Plan
Provisions
Inshore GOM Restrictions
Several sectors have proposed an
operations plan provision to limit and
more accurately document a vessel’s
behavior when fishing in an area they
define as the inshore portion of the
GOM BSA, or the area to the west of
70°15′ W long. As in fishing years 2017
and 2018, we are approving this
provision, but note that a sector may
elect to remove this provision in the
final version of its operations plan, and
it is not a requirement under NMFS
regulations.
Under this provision, a vessel that is
carrying an observer or at-sea monitor
would remain free to fish in all areas,
including the inshore GOM area,
without restriction. If a vessel is not
carrying an observer or at-sea monitor
and fishes any part of its trip in the
GOM west of 70°15′ W long., the vessel
would be prohibited from fishing
outside of the GOM BSA. Also, if a
vessel is not carrying an observer or atsea monitor and fishes any part of its
trip outside the GOM BSA, this
provision would prohibit a vessel from
fishing west of 70°15′ W long. within
the GOM BSA. The approved provision
includes a requirement that a vessel
declare whether it intends to fish in the
inshore GOM area through the trip start
hail using its VMS unit prior to
departure. We provide sector managers
with the ability to monitor this
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provision through the Sector
Information Management Module, a
website where we also provide roster,
trip, discard, and observer information
to sector managers. A sector vessel may
use a federally funded NEFOP observer
or at-sea monitor on these trips because
we believe it will not create bias in
coverage or discard estimates, as fishing
behavior is not expected to change as a
result of this provision.
Prohibition on a Vessel Hauling Another
Vessel’s Trap Gear To Target
Groundfish
Several sectors have requested a
provision to allow a vessel to haul
another vessel’s fish trap gear, similar to
the current exemptions that allow a
vessel to haul another vessel’s gillnet
gear or hook gear. These exemptions
have generally been referred to as
‘‘community’’ gear exemptions.
Regulations at § 648.84(a) require a
vessel to mark all bottom-tending fixed
gear, which would include fish trap gear
used to target groundfish. To facilitate
enforcement of this regulation, we are
requiring that any community fish trap
gear be tagged by each vessel that plans
to haul the gear, similar to how this
sector operations plan provision was
implemented in fishing years 2014
through 2018. This allows one vessel to
deploy the trap gear and another vessel
to haul the trap gear, provided both
vessels tag the gear prior to deployment.
This requirement is included in the
sector’s operations plan to provide the
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Frm 00016
Fmt 4702
Sfmt 4702
opportunity for the sector to monitor the
use of this provision and facilitate the
Office of Law Enforcement and the U.S.
Coast Guard’s enforcement of the
marking requirement.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), the NMFS
Assistant Administrator has
preliminarily determined that this
proposed rule is consistent with the
Northeast Multispecies FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law, subject to
further consideration after public
comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order (E.O.)
12866.
This proposed 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 (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities.
The Regulatory Flexibility Act (RFA)
requires Federal agencies to consider
disproportionality and profitability to
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Federal Register / Vol. 84, No. 45 / Thursday, March 7, 2019 / Proposed Rules
determine the significance of regulatory
impacts. For RFA purposes only, NMFS
established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (NAICS code 11411)
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual receipts less than $11
million for all its affiliated operations
worldwide. The determination of
whether the entity is large or small is
based on the average annual revenue for
the most recent 3 years for which data
are available (from 2015 through 2017).
As of May 1, 2017 (beginning of
fishing year 2017), NMFS had issued
limited-access groundfish permits to
894 vessels.1 Each of these permits is
eligible to join a sector or enroll in the
common pool in fishing year 2019.
Alternatively, each permit owner could
also allow their permit to expire by
failing to renew it. Each vessel may be
individually owned or part of a larger
corporate ownership structure, and for
RFA purposes it is the ownership entity
that is ultimately regulated by the
proposed action. Ownership entities are
identified on June 1 of each year based
on the list of all permit numbers, for the
most recent complete calendar year, that
have applied for any type of Northeast
Federal fishing permit. The current
ownership data set is based on calendar
year 2017 permits and contains gross
sales associated with those permits for
calendar years 2015 through 2017.
Ownership data collected from permit
holders indicates that there are 697
distinct business entities that hold at
least one permit regulated by the
proposed action. Of the 697 entities, 691
entities are categorized as small and 6
are categorized as large entities per the
NMFS guidelines. All 691 small entities
would be directly regulated by this
proposed action.
This proposed rule would implement
specified universal regulatory
exemptions that would provide more
flexible management options to fishing
businesses that join a sector. For this
reason, the proposed rule will have a
positive impact on all 697 entities, as it
will allow them to participate in the
sector groundfish fishery rather than
fish under the common pool
regulations, which include limits of
days-at-sea, trip limits, gear restrictions,
size limits, and closures intended to
control overall fishing mortality. In
addition, these effort controls would be
subject to in-season modifications based
on industry-wide landings. Conversely,
the sector fishery would provide
increased efficiency and flexibility to
fishing businesses. Under the proposed
rule, small entities would not be placed
at a competitive disadvantage relative to
large entities. As a result, an initial
regulatory flexibility analysis is not
required and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: March 4, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.87, revise paragraph (d) to
read as follows:
■
purposes of this analysis, groundfish limited
access eligibilities held as Confirmation of Permit
History (CPH) are not included because although
they may generate revenue from ACE leasing, they
do not generate any gross sales from fishing activity
and thus would not be classified as commercial
fishing entities.
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1 For
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§ 648.87
Sector allocation.
*
*
*
*
*
(d) Approved sector allocation
proposals. Eligible NE multispecies
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Fmt 4702
Sfmt 9990
vessels, as specified in paragraph (a)(3)
of this section, may participate in the
sectors identified in paragraphs (d)(1)
through (26) of this section, provided
the operations plan is approved by the
Regional Administrator in accordance
with paragraph (c) of this section and
each participating vessel and vessel
operator and/or vessel owner complies
with the requirements of the operations
plan, the requirements and conditions
specified in the letter of authorization
issued pursuant to paragraph (c) of this
section, and all other requirements
specified in this section. All operational
aspects of these sectors shall be
specified pursuant to the operations
plan and sector contract, as required by
this section.
(1) GB Cod Hook Sector.
(2) GB Cod Fixed Gear Sector.
(3) Mooncusser Sector.
(4) Sustainable Harvest Sector.
(5) Sustainable Harvest Sector II.
(6) Sustainable Harvest Sector III.
(7) Port Clyde Community Groundfish
Sector.
(8) Northeast Fishery Sector I.
(9) Northeast Fishery Sector II.
(10) Northeast Fishery Sector III.
(11) Northeast Fishery Sector IV.
(12) Northeast Fishery Sector V.
(13) Northeast Fishery Sector VI.
(14) Northeast Fishery Sector VII.
(15) Northeast Fishery Sector VIII.
(16) Northeast Fishery Sector IX.
(17) Northeast Fishery Sector X.
(18) Northeast Fishery Sector XI.
(19) Northeast Fishery Sector XII.
(20) Northeast Fishery Sector XIII.
(21) Tristate Sector.
(22) Northeast Coastal Communities
Sector.
(23) State of Maine Permit Banking
Sector.
(24) State of Rhode Island Permit
Bank Sector.
(25) State of New Hampshire Permit
Bank Sector.
(26) State of Massachusetts Permit
Bank Sector.
*
*
*
*
*
[FR Doc. 2019–04141 Filed 3–6–19; 8:45 am]
BILLING CODE 3510–22–P
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[Federal Register Volume 84, Number 45 (Thursday, March 7, 2019)]
[Proposed Rules]
[Pages 8282-8294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04141]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 190205076-9168-01]
RIN 0648-BI71
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; 2019 and 2020 Sector
Operations Plans and 2019 Allocation of Northeast Multispecies Annual
Catch Entitlements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We propose to approve Northeast multispecies sector operations
plans and grant regulatory exemptions for fishing years 2019 and 2020,
approve the formation of a new sector, and provide preliminary annual
catch entitlements to approved sectors for fishing year 2019. Approval
of sector operations plans and contracts is necessary to allocate
annual catch entitlements to the sectors and for the sectors to
operate. This action is intended to allow limited access permit holders
to form sectors, as authorized under the Northeast Multispecies Fishery
Management Plan, and to exempt them from certain effort control
regulations to improve the efficiency and economics of sector vessels.
DATES: Written comments must be received on or before March 22, 2019.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2018-0139, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0139, click the
``Comment Now!'' icon, complete the required fields, and enter or
attach your comments.
Mail: Submit written comments to Claire Fitz-Gerald, 55
Great Republic Drive, Gloucester, MA 01930.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
[[Page 8283]]
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of each sector's final operations plan and contract are
available from the NMFS Greater Atlantic Regional Fisheries Office:
Michael Pentony, Regional Administrator, National Marine Fisheries
Service, 55 Great Republic Drive, Gloucester, MA 01930. These documents
are also accessible via the Federal eRulemaking Portal: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Claire Fitz-Gerald, Fishery Management
Specialist, (978) 281-9255. To review Federal Register documents
referenced in this rule, you can visit: https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Multispecies Fishery Management Plan (FMP) defines a
sector as ``[a] group of persons (three or more persons, none of whom
have an ownership interest in the other two persons in the sector)
holding limited access vessel 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.'' 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 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; 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); portions
of the Gulf of Maine (GOM) Cod Protection Closures; and the at-sea
monitoring (ASM) coverage requirement for sector vessels fishing
exclusively in the Southern New England (SNE) and Inshore GB Broad
Stock Areas (BSA) with extra-large mesh gillnets (10-inch [25.4-cm] or
greater). The FMP 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. Although
state-operated permit banks are no longer approved through the sector
approval process, they are included in this discussion of allocations
because they contribute to the total allocation under the sector
system.
We received operations plans and preliminary contracts for fishing
years 2019 and 2020 from 20 sectors. The operations plans are similar
to operations plans and contracts previously approved for prior fishing
years. We have made a preliminary determination that the 20 sector
operations plans and contracts that we received, and the 19 regulatory
exemptions requested, are consistent with the FMP's goals and
objectives, and meet sector requirements outlined in the regulations at
Sec. 648.87. Copies of the operations plans and contracts, and the
environmental assessment (EA), are available at: https://www.regulations.gov and from NMFS (see ADDRESSES).
Default Catch Limits for Fishing Year 2019
Last year, Framework 57 set fishing year 2019 catch limits for all
groundfish stocks (83 FR 18985; May 1, 2018). The 2019 catch limits for
most stocks remain the same as, or similar, to 2018 limits. Framework
57 did not, however, specify a 2019 catch limit for Eastern GB cod.
Eastern GB cod is a management unit of the GB cod stock that is jointly
managed with Canada, and the shared quota is set annually.
This year, in Framework 58, the Council adopted revised 2019 catch
limits for GB cod, GB haddock, GB yellowtail, witch flounder, GB winter
flounder, GOM winter flounder, and Atlantic halibut. We are working to
publish a proposed rule to request comments on the Framework 58
measures. Due to the 35-day Federal government shutdown resulting from
a lapse in appropriations, there will be a delay in the rulemaking
process for Framework 58, and it will not be possible to implement
these measures in time for May 1, 2019.
As a result, this rule announces the 2019 catch limits set in
Framework 57 that would be effective on May 1, 2019, including
preliminary sector and common pool allocations based on final 2018
fishing year rosters (Table 1). If Framework 58 is approved, the 2019
catch limits announced in this rule for GB cod, GB haddock, GB
yellowtail, witch flounder, GB winter flounder, GOM winter flounder,
and Atlantic halibut will change. This rule also sets a default catch
limit for Eastern GB cod. The groundfish regulations require default
catch limits for any stock for which final specifications are not in
place by the beginning of the fishing year on May 1. The FMP's default
specifications provision sets catch at 35 percent of the previous
year's (2018) catch limits beginning on May 1 through July 31, or until
the final rule for Framework 58 is implemented if prior to July 31.
In Framework 58, the Council recommended a total ACL of 103 mt for
GB yellowtail flounder in fishing year 2019. This is a 64-percent
decrease from the fishing year 2019 ACL previously set in Framework 57,
and a 50-percent decrease from the fishing year 2018 ACL. The Council
also revised the fishing year 2019 ACL for GB cod to 1,741 mt. This a
14-percent increase from the fishing year 2018 ACL, but a 20-percent
decrease from the fishing year 2019 ACL previously set in Framework 57.
The adjustments are based on the recommendation of the Transboundary
Management Guidance Committee, which is the joint U.S./Canada
management body that meets annually to recommend shared quotas for the
three transboundary stocks. These recommendations will be further
discussed in the Framework 58 proposed rule. We are highlighting these
changes in this rule because the GB
[[Page 8284]]
yellowtail flounder and GB cod sector allocations proposed in this rule
are based on the higher 2019 catch limits previously approved in
Framework 57. If the Council's recommended catch limits become final
with no changes, ACE for these stocks will be reduced when Framework 58
is implemented.
Framework 58 would also adjust the GOM cod catch limits for
commercial groundfish vessels. The sector sub-ACL for GOM cod would be
reduced by 28.8 mt for fishing year 2019. This adjustment is required
because the total ACL was exceeded in fishing year 2017. Therefore,
sectors' ACE will be reduced when Framework 58 is implemented compared
to their May 1 allocations.
Table 1--Northeast Multispecies Catch Limits for 2019
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary Midwater Small- State
Stock Total ACL Groundfish Preliminary common pool Recreational trawl Scallop mesh waters sub- Other sub-
sub-ACL sector sub-ACL sub-ACL sub-ACL fishery fishery fisheries component component
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod *......................................................... 1,519 1,360 1,333 28 ............ ......... ......... ......... 16 143
GOM Cod *........................................................ 666 610 378 12 220 ......... ......... ......... 47 9
GB Haddock *..................................................... 46,312 44,659 44,340 319 ............ 680 ......... ......... 487 487
GOM Haddock...................................................... 11,803 11,506 8,219 93 3,194 116 ......... ......... 91 91
GB Yellowtail Flounder *......................................... 291 239 235 4 ............ ......... 47 6 0 0
SNE/MA Yellowtail Flounder....................................... 66 32 26 6 ............ ......... 15 ......... 2 17
CC/GOM Yellowtail Flounder....................................... 490 398 381 17 ............ ......... ......... ......... 51 41
American Plaice.................................................. 1,532 1,467 1,442 26 ............ ......... ......... ......... 32 32
Witch Flounder *................................................. 948 849 831 18 ............ ......... ......... ......... 40 60
GB Winter Flounder *............................................. 787 731 725 6 ............ ......... ......... ......... 0 57
GOM Winter Flounder *............................................ 428 357 339 18 ............ ......... ......... ......... 67 4
SNE/MA Winter Flounder........................................... 700 518 456 62 ............ ......... ......... ......... 73 109
Redfish.......................................................... 11,208 10,972 10,921 51 ............ ......... ......... ......... 118 118
White Hake....................................................... 2,794 2,735 2,715 21 ............ ......... ......... ......... 29 29
Pollock.......................................................... 38,204 37,400 37,170 230 ............ ......... ......... ......... 402 402
N. Windowpane Flounder........................................... 86 63 .............. 63 ............ ......... 18 ......... 2 3
S. Windowpane Flounder........................................... 457 53 .............. 53 ............ ......... 158 ......... 28 218
Ocean Pout....................................................... 120 94 .............. 94 ............ ......... ......... ......... 3 23
Atlantic Halibut *............................................... 100 77 .............. 77 ............ ......... ......... ......... 21 2
Atlantic Wolffish................................................ 84 82 .............. 82 ............ ......... ......... ......... 1 1
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* Catch limit will be replaced when the final rule for Framework 58 becomes effective.
Formation of a New Sector
This action proposes to approve the formation of a new sector,
Mooncusser Sector, for operation beginning in the 2019 fishing year. We
have preliminarily determined that the sector operations plan and
preliminary contract submitted by Mooncusser Sector contains the
required provisions for operations. The request to form the sector went
through the new approval process established in Framework 55 (81 FR
26412; May 2, 2016). As required by the FMP, we consulted with the New
England Fishery Management Council on the formation of this new sector.
At its January 2019 meeting, the Council reviewed the sector's proposed
operations plan and preliminary contract and recommended that we
approve the new sector.
Sector Allocations
The sector allocations proposed in this rule are based on the 2019
catch limits established in Framework 57 and final fishing year 2018
sector rosters. Due to the 35-day partial Federal government shutdown
resulting from a lack of appropriations, there was a delay in
distributing the annual letter describing each vessel's potential
contribution to a sector's quota for the upcoming fishing year, and the
deadline to enroll in a sector is set for March 8, 2019, although
sectors may set a more restrictive deadline for their members. Thus, we
are using fishing year 2018 rosters as a proxy for fishing year 2019
sector membership and to calculate the fishing year 2019 projected
allocations in this proposed rule.
Any permits that change ownership after December 1, 2018, retain
the ability to join a sector through April 30, 2019. All permits
enrolled in a sector, and the vessels associated with those permits,
have until April 30, 2019, to withdraw from a sector and fish in the
common pool for fishing year 2019. For fishing year 2020, we will set
similar roster deadlines, notify permit holders of the fishing year
2020 deadlines, and allow permit holders to change sectors separate
from the annual sector operations plans approval process.
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 2 shows the projected total fishing year 2019 PSC
by stock for the 18 sectors approved to operate in fishing year 2018
that submitted operations plans for 2019. Tables 3 and 4 show the
initial allocations that each sector would be allocated for fishing
year 2019 based on their final fishing year 2018 rosters. At the start
of the 2019 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
2018, to monitor sector catch. We have included the common pool sub-
ACLs in tables 2 through 4 for comparison.
These tables do not represent the final allocations for the 2019
fishing year. Northeast Fishery Sector IX (NEFS 9) was approved for
operation in fishing year 2018. However, NEFS 9 did not submit an
operations plan and will not operate in fishing year 2019. As a result,
NEFS 9 is not included in these tables and the permits enrolled in NEFS
9 for fishing year 2018 are excluded from tables 2 through 4. We expect
the permits enrolled in NEFS 9 for fishing year 2018 to enroll in a
different sector or join the common pool for fishing year 2019. ACE
attributable to those permits will be allocated to whichever sector(s)
those permits enroll in for 2019, or to the common pool.
We also cannot calculate ACEs for the GB Cod Hook Gear and
Mooncusser sectors until they submit their preliminary rosters. We do
not have roster data for these sectors because they did not operate in
fishing year 2018. GB
[[Page 8285]]
Cod Hook Gear and Mooncusser sectors' 2019 rosters will include permits
currently enrolled in other sectors or fishing in the common pool, and
these two sectors' final ACE allocations will be based on the PSC of
their enrolled permits.
We do not assign a 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 total allowable catch (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.
At the start of fishing year 2019, we may withhold 20 percent of
each sector's fishing year 2019 allocation until we finalize fishing
year 2018 catch information. We expect to finalize 2018 catch
information in summer 2019. We will allow sectors to transfer fishing
year 2018 ACE for 2 weeks upon our completion of year-end catch
accounting to reduce or eliminate any fishing year 2018 overages. If
necessary, we will reduce any sector's fishing year 2019 allocation to
account for a remaining overage in fishing year 2018. We will follow
the same process for fishing year 2020. Each year of the operations
plans, we will notify the Council and sector managers of this deadline
in writing and will announce our final ACE determination on our website
at: https://www.greateratlantic.fisheries.noaa.gov/.
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Sector Operations Plans and Contracts
Twenty-one groundfish sectors are approved to operate in the
groundfish sector fishery, 19 of which were active in fishing year
2018. Of those 19 sectors, 18 submitted operations plans and contracts
for approval for fishing years 2019 and 2020. Northeast Fishery Sector
IX did not submit an operations plan for fishing year 2019. Two
additional sectors, GB Cod Hook Gear and Mooncusser, submitted
operations plans and contracts, for a total of 20 sectors. We are
proposing to approve 20 sector operations plans and contracts for
fishing years 2019 and 2020. In order to approve a sector's operations
plan for fishing years 2019 and 2020, 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)(vi)(C). Approved operations plans, provided on our website
as a single document for each sector, not only contain the rules under
which each sector would fish, but 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 2019 and 2020, 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
would include these changes in updated LOAs and provide them to the
appropriate sectors.
As in previous years, we retain the right to revoke exemptions in-
season if: We determine that the exemption jeopardizes management
measures, 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 adequately be 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 Administrative Procedure
Act.
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 would 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 contract details the method for initial ACE sub-
allocation to sector members. For fishing years 2019 and 2020, each
sector has proposed that each active sector member could harvest an
amount of fish equal to the amount each individual member's permit
contributed to the sector, as modified by the sector for reserves or
other management measures. Each sector operations plan submitted for
fishing years 2019 and 2020 states that the sector would 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
enforcement of the sector's 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 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), enforcement
actions, and pertinent information necessary to evaluate the
biological, economic, and social impacts of each sector.
At-Sea Monitoring
Sectors are responsible for the at-sea portion of costs associated
with the sector ASM program, even in years when reimbursement funds are
available, and for designing, implementing, and funding an ASM program
that will provide the level of ASM coverage specified annually. We are
required to specify a level of ASM coverage using a process described
in Framework 55 (81 FR 26412; May 2, 2016) that provides a reliable
estimate of overall catch by sectors needed for monitoring ACEs and
ACLs while minimizing the cost burden to sectors and NMFS to the extent
practicable.
The draft operations plans submitted in October 2018 included
industry-funded ASM plans to be used for fishing year 2019. As in
previous years, we gave sectors the option to design their own programs
in compliance with regulations, or elect to adopt the NMFS-designed ASM
program that we have used in previous fishing years. As in past years,
several sectors chose to adopt the NMFS-designed program while others
proposed programs of their own design. Sector-designed ASM programs for
fishing years 2019 and 2020 were similar to those approved in past
years. In the event we cannot approve a proposed ASM program, we asked
all sectors to include an option to use the current NMFS-designed ASM
program as a back-up.
Sustainable Harvest Sectors 1, 2, and 3, GB Cod Fixed Gear Sector,
Mooncusser Sector, Northeast Coastal Communities Sector, Maine Coast
Community Sector, and Northeast Fishery Sectors 5, 10, 11, and 13 have
proposed to use the ASM program that was developed by NMFS. We propose
to approve this program for these sectors because it is consistent with
goals and objectives of monitoring and regulatory requirements. Sectors
that operate only as permit banks, and explicitly prohibit fishing in
their operations plans, are not
[[Page 8292]]
required to include provisions for an ASM program.
We propose to approve the ASM programs proposed by the remaining
seven active sectors, NEFS 1, 2, 3, 6, 7, 8, and 12, which state that
they will: Contract with a NMFS-approved ASM provider; meet the
specified coverage level; and utilize the PTNS 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 have determined that the programs are consistent with the
goals and objectives of at-sea monitoring and regulatory requirements.
In fishing years 2010 and 2011, we funded an ASM program with a
target ASM coverage level of 30 percent of all trips. In addition, we
provided 8-percent observer coverage through the Northeast Fishery
Observer Program (NEFOP), which helps to support the Standardized
Bycatch Reporting Methodology (SBRM) and stock assessments. This
resulted in an overall target coverage level of 38 percent for fishing
years 2010 and 2011, from the combined ASM and NEFOP. Beginning in
fishing year 2012, we have conducted an annual analysis to determine
the total target coverage level. Table 5 depicts the annual target
coverage levels. Industry has been required to pay for their ASM
coverage costs since 2012, while we continued to fund NEFOP coverage.
However, we were able to fund the industry's portion of ASM costs and
NEFOP coverage in fishing years 2012 through most of 2015. Industry
paid for their portion of the ASM program beginning in March 2016. In
June 2016, after determining that the SBRM monitoring program could be
fully funded with additional funding remaining, we announced that we
had funds available to offset some of industry's costs of the
groundfish ASM program in 2016. We reimbursed sectors for 85 percent of
their ASM costs for 10 months of the fishing year, distributed through
a grant by the Atlantic States Marine Fisheries Commission. In fishing
year 2017, using leftover funds from the 2016 grant, we reimbursed
sectors for 60 percent of industry costs in fishing year 2017. Fishing
effort was lower than expected in the first few months of the fishing
year, and we were ultimately able to retroactively reimburse sectors
for an additional estimated 25 percent of industry's 2017 costs, which
exhausted the remaining available SBRM funds.
Table 5--Historic Target Coverage Level for Monitoring
----------------------------------------------------------------------------------------------------------------
Total target ASM target NEFOP target
Fishing year coverage level coverage level coverage level
(percent) (percent) (percent)
----------------------------------------------------------------------------------------------------------------
2010............................................................ 38 30 8
2011............................................................ 38 30 8
2012............................................................ 25 17 8
2013............................................................ 22 14 8
2014............................................................ 26 18 8
2015............................................................ 16 12 4
2016............................................................ 14 10 4
2017............................................................ 16 8 8
2018............................................................ 15 10 5
----------------------------------------------------------------------------------------------------------------
In fiscal year 2018, Congress appropriated $10.3 million for
groundfish at-sea monitoring. With these funds, we were able to fully
reimburse industry costs in fishing year 2018. Although the exact costs
for fishing year 2019 are not known at this time, based on previous
fishing year costs, we expect funds to be available to reimburse
industry costs. We are in the process of determining the target
coverage level for fishing year 2019. When it is available, we will
announce the coverage level and make the supporting documentation
available to the public.
In fishing year 2018, a number of sectors have realized ASM
coverage levels below the target coverage level. Since this issue
became known during the fishing year, we have been working with the
sectors and approved service providers to increase coverage levels.
Sectors have been proactive in their efforts to correct the issue.
Sectors with low ASM coverage levels have participated in monthly
meetings with the Northeast Fisheries Science Center staff and service
providers to develop strategies for increasing coverage; conducted
targeted outreach with sector members to improve their understanding of
ASM requirements; and submitted monthly reports to us documenting their
efforts. Two sectors have contracted with an additional service
provider for the remainder of the fishing year. Service providers are
also working to improve coverage levels. The Northeast Fisheries
Science Center held an ASM certification course in December 2018, and
all four approved providers took the opportunity to train additional
staff. Increased staffing levels will help providers meet ASM contract
requirements. We expect to continue working with sectors and service
providers throughout the remainder of the year to increase coverage
levels for 2018, and to ensure they meet the specified coverage target
in 2019.
Granted Exemptions for Fishing Years 2019 and 2020
Previously Granted Exemptions Granted for Fishing Years 2019 and 2020
(1-19)
We are granting exemptions from the following requirements for
fishing years 2019 and 2020, all of which have been requested and
granted in previous years: (1) 120-day block out of the fishery
required for Day gillnet vessels; (2) 20-day spawning block out of the
fishery required for all vessels; (3) limits on the number of gillnets
for Day gillnet vessels outside the GOM; (4) prohibition on a vessel
hauling another vessel's gillnet gear; (5) limits on the number of
gillnets that may be hauled on GB when fishing under a Northeast
multispecies/monkfish DAS; (6) limits on the number of hooks that may
be fished; (7) DAS Leasing Program length and horsepower restrictions;
(8) prohibition on discarding; (9) gear requirements in the Eastern
U.S./Canada Management Area; (10) prohibition on a vessel hauling
another vessel's hook gear; (11) the requirement to declare an intent
to fish in the Eastern U.S./Canada Special Access Program (SAP) and the
Closed Area (CA) II Yellowtail Flounder/Haddock SAP prior to leaving
the dock; (12) seasonal restrictions for the Eastern U.S./Canada
Haddock SAP; (13) seasonal restrictions for the CA II Yellowtail
Flounder/Haddock SAP; (14) sampling exemption; (15) 6.5-inch
[[Page 8293]]
minimum mesh size requirement for trawl nets to allow a 5.5-inch codend
on directed redfish trips; (16) prohibition on combining small-mesh
exempted fishery and sector trips in SNE; (17) extra-large mesh
requirement to target dogfish on trips excluded from ASM in SNE and
Inshore GB; (18) requirement that Handgear A vessels carry a Vessel
Monitoring System (VMS) unit when fishing in a single broad stock area;
and (19) limits on the number of gillnets for Day gillnet vessels in
the GOM. A detailed description of the previously granted exemptions
and supporting rationale can be found in the applicable final rules
identified in Table 6 below.
Several exemptions available to sectors in previous fishing years
were rendered obsolete when the Omnibus Essential Fish Habitat
Amendment 2 went into effect (83 FR 15240; April 9, 2018). The
amendment removed the GB Seasonal Closure Area and Nantucket Lightship
Closed Area, and changed CA I from a year-round closed area to a
seasonal spawning closure. Consequently, sector exemptions pertaining
to these closed areas are no longer applicable. These exemptions
include: GB Seasonal Closure Area in May (previously a ``universal''
exemption); daily catch reporting by sector managers for vessels
participating in the CA I Hook Gear Haddock SAP; prohibition on fishing
inside and outside the CA I Hook Gear Haddock SAP while on the same
trip; and the prohibition on groundfish trips in Nantucket Lightship
Closed Area. Sectors did not request any of these exemptions for
fishing year 2019.
Table 6--Exemptions From Previous Fishing Years That Are Granted in Fishing Years 2019 and 2020
----------------------------------------------------------------------------------------------------------------
Exemptions Rulemaking Date of publication Citation
----------------------------------------------------------------------------------------------------------------
1-2, 4-9................... Fishing Year 2011 Sector April 25, 2011.......... 76 FR 23076
Operations Final Rule.
10-11...................... Fishing Year 2012 Sector May 2, 2012............. 77 FR 26129
Operations Final Rule.
12-14...................... Fishing Year 2013 Sector May 2, 2013............. 78 FR 25591
Operations Interim Final
Rule.
3, 15-16................... Fishing Years 2015-2016 May 1, 2015............. 80 FR 25143
Sector Operations Final Rule.
17......................... Framework 55 Final Rule...... May 2, 2016............. 81 FR 26412
18......................... Amendment 18 Final Rule...... April 21, 2017.......... 82 FR 18706
19......................... Fishing Year 2018 Sector May 1, 2018............. 83 FR 18965
Operations Final Rule.
----------------------------------------------------------------------------------------------------------------
Northeast Multispecies Federal Register documents can be found at https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/ sustainable/species/multispecies/.
Additional Sector Operations Plan Provisions
Inshore GOM Restrictions
Several sectors have proposed an operations plan provision to limit
and more accurately document a vessel's behavior when fishing in an
area they define as the inshore portion of the GOM BSA, or the area to
the west of 70[deg]15' W long. As in fishing years 2017 and 2018, we
are approving this provision, but note that a sector may elect to
remove this provision in the final version of its operations plan, and
it is not a requirement under NMFS regulations.
Under this provision, a vessel that is carrying an observer or at-
sea monitor would remain free to fish in all areas, including the
inshore GOM area, without restriction. If a vessel is not carrying an
observer or at-sea monitor and fishes any part of its trip in the GOM
west of 70[deg]15' W long., the vessel would be prohibited from fishing
outside of the GOM BSA. Also, if a vessel is not carrying an observer
or at-sea monitor and fishes any part of its trip outside the GOM BSA,
this provision would prohibit a vessel from fishing west of 70[deg]15'
W long. within the GOM BSA. The approved provision includes a
requirement that a vessel declare whether it intends to fish in the
inshore GOM area through the trip start hail using its VMS unit prior
to departure. We provide sector managers with the ability to monitor
this provision through the Sector Information Management Module, a
website where we also provide roster, trip, discard, and observer
information to sector managers. A sector vessel may use a federally
funded NEFOP observer or at-sea monitor on these trips because we
believe it will not create bias in coverage or discard estimates, as
fishing behavior is not expected to change as a result of this
provision.
Prohibition on a Vessel Hauling Another Vessel's Trap Gear To Target
Groundfish
Several sectors have requested a provision to allow a vessel to
haul another vessel's fish trap gear, similar to the current exemptions
that allow a vessel to haul another vessel's gillnet gear or hook gear.
These exemptions have generally been referred to as ``community'' gear
exemptions. Regulations at Sec. 648.84(a) require a vessel to mark all
bottom-tending fixed gear, which would include fish trap gear used to
target groundfish. To facilitate enforcement of this regulation, we are
requiring that any community fish trap gear be tagged by each vessel
that plans to haul the gear, similar to how this sector operations plan
provision was implemented in fishing years 2014 through 2018. This
allows one vessel to deploy the trap gear and another vessel to haul
the trap gear, provided both vessels tag the gear prior to deployment.
This requirement is included in the sector's operations plan to provide
the opportunity for the sector to monitor the use of this provision and
facilitate the Office of Law Enforcement and the U.S. Coast Guard's
enforcement of the marking requirement.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act), the NMFS
Assistant Administrator has preliminarily determined that this proposed
rule is consistent with the Northeast Multispecies FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This proposed 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 (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities.
The Regulatory Flexibility Act (RFA) requires Federal agencies to
consider disproportionality and profitability to
[[Page 8294]]
determine the significance of regulatory impacts. For RFA purposes
only, NMFS established a small business size standard for businesses,
including their affiliates, whose primary industry is commercial
fishing (see 50 CFR 200.2). A business primarily engaged in commercial
fishing (NAICS code 11411) is classified as a small business if it is
independently owned and operated, is not dominant in its field of
operation (including its affiliates), and has combined annual receipts
less than $11 million for all its affiliated operations worldwide. The
determination of whether the entity is large or small is based on the
average annual revenue for the most recent 3 years for which data are
available (from 2015 through 2017).
As of May 1, 2017 (beginning of fishing year 2017), NMFS had issued
limited-access groundfish permits to 894 vessels.\1\ Each of these
permits is eligible to join a sector or enroll in the common pool in
fishing year 2019. Alternatively, each permit owner could also allow
their permit to expire by failing to renew it. Each vessel may be
individually owned or part of a larger corporate ownership structure,
and for RFA purposes it is the ownership entity that is ultimately
regulated by the proposed action. Ownership entities are identified on
June 1 of each year based on the list of all permit numbers, for the
most recent complete calendar year, that have applied for any type of
Northeast Federal fishing permit. The current ownership data set is
based on calendar year 2017 permits and contains gross sales associated
with those permits for calendar years 2015 through 2017.
---------------------------------------------------------------------------
\1\ For purposes of this analysis, groundfish limited access
eligibilities held as Confirmation of Permit History (CPH) are not
included because although they may generate revenue from ACE
leasing, they do not generate any gross sales from fishing activity
and thus would not be classified as commercial fishing entities.
---------------------------------------------------------------------------
Ownership data collected from permit holders indicates that there
are 697 distinct business entities that hold at least one permit
regulated by the proposed action. Of the 697 entities, 691 entities are
categorized as small and 6 are categorized as large entities per the
NMFS guidelines. All 691 small entities would be directly regulated by
this proposed action.
This proposed rule would implement specified universal regulatory
exemptions that would provide more flexible management options to
fishing businesses that join a sector. For this reason, the proposed
rule will have a positive impact on all 697 entities, as it will allow
them to participate in the sector groundfish fishery rather than fish
under the common pool regulations, which include limits of days-at-sea,
trip limits, gear restrictions, size limits, and closures intended to
control overall fishing mortality. In addition, these effort controls
would be subject to in-season modifications based on industry-wide
landings. Conversely, the sector fishery would provide increased
efficiency and flexibility to fishing businesses. Under the proposed
rule, small entities would not be placed at a competitive disadvantage
relative to large entities. As a result, an initial regulatory
flexibility analysis is not required and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 4, 2019.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.87, revise paragraph (d) to read as follows:
Sec. 648.87 Sector allocation.
* * * * *
(d) Approved sector allocation proposals. Eligible NE multispecies
vessels, as specified in paragraph (a)(3) of this section, may
participate in the sectors identified in paragraphs (d)(1) through (26)
of this section, provided the operations plan is approved by the
Regional Administrator in accordance with paragraph (c) of this section
and each participating vessel and vessel operator and/or vessel owner
complies with the requirements of the operations plan, the requirements
and conditions specified in the letter of authorization issued pursuant
to paragraph (c) of this section, and all other requirements specified
in this section. All operational aspects of these sectors shall be
specified pursuant to the operations plan and sector contract, as
required by this section.
(1) GB Cod Hook Sector.
(2) GB Cod Fixed Gear Sector.
(3) Mooncusser Sector.
(4) Sustainable Harvest Sector.
(5) Sustainable Harvest Sector II.
(6) Sustainable Harvest Sector III.
(7) Port Clyde Community Groundfish Sector.
(8) Northeast Fishery Sector I.
(9) Northeast Fishery Sector II.
(10) Northeast Fishery Sector III.
(11) Northeast Fishery Sector IV.
(12) Northeast Fishery Sector V.
(13) Northeast Fishery Sector VI.
(14) Northeast Fishery Sector VII.
(15) Northeast Fishery Sector VIII.
(16) Northeast Fishery Sector IX.
(17) Northeast Fishery Sector X.
(18) Northeast Fishery Sector XI.
(19) Northeast Fishery Sector XII.
(20) Northeast Fishery Sector XIII.
(21) Tristate Sector.
(22) Northeast Coastal Communities Sector.
(23) State of Maine Permit Banking Sector.
(24) State of Rhode Island Permit Bank Sector.
(25) State of New Hampshire Permit Bank Sector.
(26) State of Massachusetts Permit Bank Sector.
* * * * *
[FR Doc. 2019-04141 Filed 3-6-19; 8:45 am]
BILLING CODE 3510-22-P
