Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Common Pool Measures for Fishing Year 2019, 17926-17929 [2019-08441]
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Federal Register / Vol. 84, No. 81 / Friday, April 26, 2019 / Rules and Regulations
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proposed rule were based on final
fishing year 2018 sectors rosters because
we had not yet received preliminary
rosters for the 2019 fishing year. The
preliminary sector roster deadline for
fishing year 2019 was March 8, 2019.
The ACE allocated to each sector has
been updated in the final rule to reflect
preliminary sector enrollment for the
2019 fishing year. There are no other
changes from the proposed measures.
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 determined
that this final rule is consistent with the
Northeast Multispecies FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order (E.O.) 12866.
This final rule does not contain
policies with Federalism or takings
implications as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
The NMFS Assistant Administrator
finds good cause under 5 U.S.C.
553(d)(3) to waive the 30-day delay in
effectiveness so that this final rule may
become effective May 1, 2019. If this
action is not implemented by the start
of the 2019 fishing year on May 1, 2019,
sectors would not be approved to
operate and, therefore, sector vessels
would be unable to fish. Sector vessels
would be prohibited from fishing for
groundfish until this rule was effective.
This would result in significant negative
economic impacts.
Sector exemptions provide additional
operational flexibility and efficiencies
for Northeast multispecies sector
vessels. These exemptions provide
vessels with flexibility in choosing
when to fish, how long to fish, what
species to target, and how much catch
they may land on any given trip. A
delay in implementing this action
would forego the flexibility and
economic efficiency that sector
exemptions are intended to provide.
Further, sector vessels could only fish
during this delay if they chose to fish in
the common pool. Vessels choosing to
fish in the common pool to avoid a 30day delay could not return to a sector
for the entire fishing year and would
forego the increased flexibility and
efficiencies offered by sectors for the
fishing year. For all of these reasons
outlined above, good cause exists to
waive the otherwise applicable
requirement to delay implementation of
this rule for a period of 30 days.
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The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
during the proposed rule stage that this
action would not have a significant
economic impact on a substantial
number of small entities. The factual
basis for this certification was published
in the proposed rule and is not repeated
here. No comments were received
regarding this certification. As a result,
a regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: April 22, 2019.
Patricia A. Montanio,
Acting Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the
preamble, NMFS amends 50 CFR part
648 as follows:
(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.
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[FR Doc. 2019–08440 Filed 4–25–19; 8:45 am]
BILLING CODE 3510–22–P
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
DEPARTMENT OF COMMERCE
1. The authority citation for part 648
continues to read as follows:
National Oceanic and Atmospheric
Administration
■
Authority: 16 U.S.C. 1801 et seq.
50 CFR Part 648
2. In § 648.87, revise paragraph (d) to
read as follows:
[Docket No. 151211999–6343–02]
§ 648.87
RIN 0648–XG900
■
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.
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Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Common Pool Measures for
Fishing Year 2019
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; possession and
trip limit implementation.
AGENCY:
This action implements
measures for Northeast multispecies
common pool vessels for the 2019
fishing year. This action is necessary to
ensure that the Northeast multispecies
common pool fishery may achieve the
optimum yield (OY) for the relevant
stocks, while controlling catch to help
prevent inseason closures or quota
overages. These measures include
possession and trip limits and the
allocation of zero trips into the Closed
Area II Yellowtail Flounder/Haddock
Special Access Program for common
pool vessels to target yellowtail
flounder.
SUMMARY:
Effective at 0001 hours on May
1, 2019, through April 30, 2020.
DATES:
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FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Management
Specialist, 978–281–9232.
SUPPLEMENTARY INFORMATION: The
Northeast Multispecies Fishery
Management Plan (FMP) regulations
give the Regional Administrator the
authority to implement certain types of
management measures for the common
pool fishery, the U.S. Canada
Management Area, and Special
Management Programs. This action
implements a number of these
management measures for the 2019
fishing year, effective May 1, 2019.
Common Pool Trip Limits
The possession and trip limits for the
2019 fishing year are included in Tables
1 and 2 below. These possession and
trip limits were developed based on the
common pool sub-Annual Catch Limits
(sub-ACLs) set by Framework
Adjustment 57 to the Northeast
Multispecies FMP that will be in effect
on May 1, 2019. We also considered
preliminary 2019 sector rosters,
expected common pool participation,
and common pool fishing activity in
previous fishing years. Based on that
information, we project that these
adjustments will facilitate optimized
harvest of the common pool quotas,
while preventing early trimester
closures, and preventing catch from
exceeding the 2019 fishing year subACLs.
The 2019 possession and trip limits
are the same as the current 2018 limits,
with the exception of Gulf of Maine
(GOM) haddock and GOM cod. The
limits for GOM haddock are reduced
relative to the current 2018 limits to
prevent early stock area closures in
Trimester 1, as occurred in 2018. The
GOM cod limits are also reduced
relative to current common pool
possession and trip limits. On March 13,
2019, we published an inseason action
to increase the GOM cod possession and
trip limits for the common pool fishery
to 100 lb (45 kg) per day-at-sea (DAS),
up to 200 lb (91 kg) per trip, through
April 30, 2019 (84 FR 8998). We
increased the possession limit because
we projected that the common pool
fishery would not fully harvest its subACL for GOM cod by the end of the
2018 fishing year. The limits for GOM
cod are reduced relative to the current
2018 limits for the stock because they
are based on our projection for the
entire 2019 fishing year.
For Handgear A and Handgear B
vessels, possession and trip limits for
Georges Bank (GB) and GOM cod are
tied to the possession and trip limits for
groundfish days-at-sea DAS vessels. The
default cod trip limit is 300 lb (136 kg)
for Handgear A vessels and 75 lb (34 kg)
for Handgear B vessels. If the GOM or
GB cod limit for vessels fishing on a
groundfish DAS drops below 300 lb
(136 kg), then the respective Handgear
A cod trip limit must be reduced to the
same limit. Similarly, the Handgear B
trip limit must be adjusted
proportionally to the DAS limit
(rounded up to the nearest 25 lb (11
kg)).
This action sets a GOM cod
possession limit of 50 lb (23 kg) per
DAS for vessels fishing on a groundfish
DAS, which is 94 percent lower than the
800-lb (363-kg) per DAS limit specified
in the regulations for these vessels. As
a result, the Handgear A trip limit for
GOM cod is set at 50 lb (23 kg) per trip.
The Handgear B trip limit for GOM cod
is reduced proportionally (94-percent
reduction) and rounded up to 25 lb (11
kg) per trip.
Additionally, this action sets a GB cod
possession limit of 250 lb (113 kg) per
DAS for vessels fishing on a groundfish
DAS which is 87.5 percent lower than
the 2,000-lb (907-kg) per DAS limit
specified in the regulations for these
vessels. As a result, the Handgear A trip
limit for GB cod would be set at 250 lb
(113 kg) per trip, and the Handgear B
trip limit for GB cod would be reduced
proportionally (87.5-percent reduction)
and rounded up to a 25 lb (11 kg) per
trip.
Vessels with a Small Vessel category
permit can possess up to 300 lb (136 kg)
of cod, haddock, and yellowtail
flounder, combined, per trip.
Additionally, for these vessels, the trip
limit for all stocks is equal to the
landing limits per DAS applicable to
multispecies DAS vessels. This is
necessary to ensure that the trip limit
applicable to the Small Vessel category
permit is consistent with reductions to
the trip limits for other common pool
vessels, as described above.
Weekly quota monitoring reports for
the common pool fishery can be found
on our website at: https://www.greater
atlantic.fisheries.noaa.gov/ro/fso/Multi
MonReports.htm. We will continue to
monitor common pool catch through
vessel trip reports, dealer-reported
landings, vessel monitoring system
catch reports, and other available
information and, if necessary, we will
make additional adjustments to
common pool management measures.
TABLE 1—2019 FISHING YEAR COMMON POOL POSSESSION AND TRIP LIMITS
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Stock
2019 trip limit
GB Cod (outside Eastern U.S./Canada Area) .........................................
GB Cod (inside Eastern U.S./Canada Area).
GB Cod [Closed Area II Yellowtail Flounder/Haddock SAP (for targeting
haddock)].
GOM Cod .................................................................................................
GB Haddock .............................................................................................
GOM Haddock ..........................................................................................
GB Yellowtail Flounder .............................................................................
SNE/MA Yellowtail Flounder ....................................................................
Cape Cod (CC)/GOM Yellowtail Flounder ...............................................
American Plaice ........................................................................................
Witch Flounder .........................................................................................
GB Winter Flounder ..................................................................................
GOM Winter Flounder ..............................................................................
SNE/MA Winter Flounder .........................................................................
Redfish ......................................................................................................
White Hake ...............................................................................................
Pollock ......................................................................................................
Atlantic Halibut ..........................................................................................
Windowpane Flounder ..............................................................................
Ocean Pout.
Atlantic Wolffish.
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250 lb (113 kg) per DAS, up to 500 lb (227 kg) per trip.
500 lb (227 kg) per trip.
50 lb (23 kg) per DAS, up to 100 lb (45 kg) per trip.
100,000 lb (45, 359 kg) per trip.
500 lb (227 kg) per DAS, up to 1,000 lb (454 kg) per trip.
100 lb (45 kg) per trip.
100 lb (45 kg) per DAS, up to 200 lb (91 kg) per trip.
750 lb (340 kg) per DAS, up to 1,500 lb (680 kg) per trip.
750 lb (340 kg) per DAS, up to 1,500 lb (680 kg) per trip.
600 lb (272 kg) per trip.
250 lb (113 kg) per trip.
2,000 lb (907 kg) per trip.
2,000 lb (907 kg) per DAS, up to 4,000 lb (1,814 kg) per trip.
Unlimited.
1,500 lb (680 kg) per trip.
Unlimited.
1 fish per trip.
Possession Prohibited.
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TABLE 2—2019 FISHING YEAR COD TRIP LIMITS FOR HANDGEAR A, HANDGEAR B, AND SMALL VESSEL CATEGORY
PERMITS
Permit
Initial 2019 trip limit
Handgear A GOM Cod ...................
Handgear A GB Cod .......................
Handgear B GOM Cod ...................
Handgear B GB Cod .......................
Small Vessel Category ...................
50 lb (23 kg) per trip.
250 lb (113 kg) per trip.
25 lb (11 kg) per trip.
25 lb (11 kg) per trip.
300 lb (136 kg) of cod, haddock, and yellowtail flounder combined; additionally, vessels are limited to the
common pool DAS limit for all stocks.
fishery for the 2019 fishing year.
Therefore, it is possible that the sector
and common pool catch limits,
including the trimester TACs, may
change due to changes in sector rosters.
If changes to sector rosters occur,
updated catch limits and/or possession
and trip limits will be announced as
soon as possible in the 2019 fishing year
As a reminder, Table 3 includes the
initial common pool trimester Total
Allowable Catches (TACs) for fishing
year 2019. These trimester TACS are
based on preliminary sector rosters.
However, individual permit holders
have until the end of the 2018 fishing
year (April 30, 2019) to drop out of a
sector and fish in the common pool
to reflect the final sector rosters as of
May 1, 2019. On April 19, 2019, we also
published a proposed rule to request
comment on Framework Adjustment 58
measures (84 FR 16441). If approved,
that rule could make additional changes
to common pool sub-ACLs, as well as
common pool possession and trip
limits.
TABLE 3—COMMON POOL TRIMESTER TOTAL ALLOWABLE CATCHES FOR FISHING YEAR 2019 (MT, LIVE WEIGHT)
Trimester total allowable catches (mt)
Stock
Trimester 1
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 .................................................................................................................
Redfish .........................................................................................................................................
White Hake ..................................................................................................................................
Pollock .........................................................................................................................................
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Closed Area II Yellowtail Flounder/
Haddock Special Access Program
The regulations at § 648.85(b)(3)(vii)
provide the Regional Administrator
with authority to determine the total
number of trips that may be declared
into the Closed Area II Yellowtail
Flounder/Haddock Special Access
Program (SAP) to target yellowtail
flounder. This action allocates zero trips
for common pool vessels to target
yellowtail flounder within the Closed
Area II Yellowtail Flounder/Haddock
SAP for fishing year 2019. As a result,
this SAP is only open to target haddock,
from August 1, 2019, through January
31, 2020. Northeast multispecies vessels
fishing in the SAP must fish with a
haddock separator trawl, a Ruhle trawl,
or hook gear. Vessels may not fish in
this SAP using flounder trawl nets.
The Regional Administrator (RA) has
the authority to determine the allocation
of the total number of trips into the
Closed Area II Yellowtail Flounder/
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Haddock SAP based on several criteria,
including the GB yellowtail flounder
catch limit and the amount of GB
yellowtail flounder caught outside of
the SAP. Allocating trips to target
yellowtail flounder in the Closed Area
II Yellowtail Flounder/Haddock SAP is
discretionary if the available GB
yellowtail flounder catch is insufficient
to support at least 150 trips with a
15,000-lb (6,804-kg) trip limit, for a total
catch of 2,250,000 lb (1,020,600 kg).
This calculation considers projected
catch from the area outside the SAP.
Based on the fishing year 2019 GB
yellowtail flounder groundfish sub-ACL
implemented by Framework Adjustment
57 of 526,905 lb (239,000 kg), there is
insufficient GB yellowtail flounder to
allocate any trips to the SAP. Further,
given the low GB yellowtail flounder
catch limit, catch rates outside of this
SAP are more than adequate to fully
harvest the 2019 GB yellowtail flounder
allocation.
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11.1
5.8
86.1
25.1
0.7
1.3
9.7
19.2
10.1
0.5
6.5
12.8
7.8
64.4
Trimester 2
13.5
3.9
105.2
24.1
1.1
1.7
4.4
2.1
3.7
1.4
6.7
15.9
6.4
80.5
Trimester 3
15.1
2.1
127.5
43.6
1.8
3.2
2.9
4.7
4.6
4.1
4.4
22.5
6.4
85.1
On April 19, 2019, we published a
proposed rule to request comment on
Framework 58 measures. The New
England Fishery Management Council’s
recommended 2019 GB yellowtail
flounder sub-ACL is a 105 mt reduction
from the 2019 sub-ACL implemented by
Framework 57, which was used in the
calculation for the determination not to
allocate any trips to the SAP. As a
result, we do not expect the final rule
implementing Framework 58 would
allocate trips to the SAP to target
yellowtail flounder.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5
U.S.C. 553(d)(3) to waive prior notice
and the opportunity for public comment
and the 30-day delayed effectiveness
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period because it would be contrary to
the public interest.
The regulations at § 648.86(o)
authorize the RA to adjust the Northeast
multispecies possession and trip limits
for common pool vessels in order to
prevent the overharvest or underharvest
of the pertinent common pool quotas.
This action sets the common pool
possession and trip limits on May 1,
2019, for the 2019 fishing year. The
possession and trip limits implemented
through this action help to ensure that
the Northeast multispecies common
pool fishery may achieve the optimum
yield for the relevant stocks, while
controlling catch to help prevent
inseason closures or quota overages.
Delay of this action would leave the
common pool fishery with the
possession and trip limits found in
§ 648.86, which are too high to control
catch. This would likely lead to early
closure of a trimester and quota
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overages. Any overage of the quota for
either of the first two trimesters must be
deducted from the Trimester 3 quota,
which could substantially disrupt the
trimester structure and intent to
distribute the fishery across the entire
fishing year. An overage reduction in
Trimester 3 would further reduce
fishing opportunities for common pool
vessels and likely result in early closure
of Trimester 3. Additionally, any
overage of the annual quota would be
deducted from common pool’s quota for
the next fishing year, to the detriment of
this stock.
The regulations at § 648.85(b)(3)(vii)
require that the Regional Administrator
announce the total number of allowed
trips by common pool vessels that may
be declared into the Closed Area II
Yellowtail Flounder/Haddock SAP on
or about June 1. On April 19, 2019, we
published the proposed rule for
Framework 58 to the Northeast
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Multispecies FMP, and the final rule for
that action may not be implemented by
June 1. As such, we have included the
announcement in this inseason action to
meet this regulatory requirement. Doing
so also ensures that the fishing industry
has sufficient notice in order to plan
their activities in the new fishing year.
For the reasons above, delay of this
action for prior notice and the
opportunity for public comment and the
30-day delayed effectiveness period
would undermine management
objectives of the FMP and cause
unnecessary negative economic impacts
to the common pool fishery.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 23, 2019.
Karen H. Abrams,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–08441 Filed 4–25–19; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 84, Number 81 (Friday, April 26, 2019)]
[Rules and Regulations]
[Pages 17926-17929]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08441]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 151211999-6343-02]
RIN 0648-XG900
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Common Pool Measures for Fishing Year 2019
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; possession and trip limit implementation.
-----------------------------------------------------------------------
SUMMARY: This action implements measures for Northeast multispecies
common pool vessels for the 2019 fishing year. This action is necessary
to ensure that the Northeast multispecies common pool fishery may
achieve the optimum yield (OY) for the relevant stocks, while
controlling catch to help prevent inseason closures or quota overages.
These measures include possession and trip limits and the allocation of
zero trips into the Closed Area II Yellowtail Flounder/Haddock Special
Access Program for common pool vessels to target yellowtail flounder.
DATES: Effective at 0001 hours on May 1, 2019, through April 30, 2020.
[[Page 17927]]
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management
Specialist, 978-281-9232.
SUPPLEMENTARY INFORMATION: The Northeast Multispecies Fishery
Management Plan (FMP) regulations give the Regional Administrator the
authority to implement certain types of management measures for the
common pool fishery, the U.S. Canada Management Area, and Special
Management Programs. This action implements a number of these
management measures for the 2019 fishing year, effective May 1, 2019.
Common Pool Trip Limits
The possession and trip limits for the 2019 fishing year are
included in Tables 1 and 2 below. These possession and trip limits were
developed based on the common pool sub-Annual Catch Limits (sub-ACLs)
set by Framework Adjustment 57 to the Northeast Multispecies FMP that
will be in effect on May 1, 2019. We also considered preliminary 2019
sector rosters, expected common pool participation, and common pool
fishing activity in previous fishing years. Based on that information,
we project that these adjustments will facilitate optimized harvest of
the common pool quotas, while preventing early trimester closures, and
preventing catch from exceeding the 2019 fishing year sub-ACLs.
The 2019 possession and trip limits are the same as the current
2018 limits, with the exception of Gulf of Maine (GOM) haddock and GOM
cod. The limits for GOM haddock are reduced relative to the current
2018 limits to prevent early stock area closures in Trimester 1, as
occurred in 2018. The GOM cod limits are also reduced relative to
current common pool possession and trip limits. On March 13, 2019, we
published an inseason action to increase the GOM cod possession and
trip limits for the common pool fishery to 100 lb (45 kg) per day-at-
sea (DAS), up to 200 lb (91 kg) per trip, through April 30, 2019 (84 FR
8998). We increased the possession limit because we projected that the
common pool fishery would not fully harvest its sub-ACL for GOM cod by
the end of the 2018 fishing year. The limits for GOM cod are reduced
relative to the current 2018 limits for the stock because they are
based on our projection for the entire 2019 fishing year.
For Handgear A and Handgear B vessels, possession and trip limits
for Georges Bank (GB) and GOM cod are tied to the possession and trip
limits for groundfish days-at-sea DAS vessels. The default cod trip
limit is 300 lb (136 kg) for Handgear A vessels and 75 lb (34 kg) for
Handgear B vessels. If the GOM or GB cod limit for vessels fishing on a
groundfish DAS drops below 300 lb (136 kg), then the respective
Handgear A cod trip limit must be reduced to the same limit. Similarly,
the Handgear B trip limit must be adjusted proportionally to the DAS
limit (rounded up to the nearest 25 lb (11 kg)).
This action sets a GOM cod possession limit of 50 lb (23 kg) per
DAS for vessels fishing on a groundfish DAS, which is 94 percent lower
than the 800-lb (363-kg) per DAS limit specified in the regulations for
these vessels. As a result, the Handgear A trip limit for GOM cod is
set at 50 lb (23 kg) per trip. The Handgear B trip limit for GOM cod is
reduced proportionally (94-percent reduction) and rounded up to 25 lb
(11 kg) per trip.
Additionally, this action sets a GB cod possession limit of 250 lb
(113 kg) per DAS for vessels fishing on a groundfish DAS which is 87.5
percent lower than the 2,000-lb (907-kg) per DAS limit specified in the
regulations for these vessels. As a result, the Handgear A trip limit
for GB cod would be set at 250 lb (113 kg) per trip, and the Handgear B
trip limit for GB cod would be reduced proportionally (87.5-percent
reduction) and rounded up to a 25 lb (11 kg) per trip.
Vessels with a Small Vessel category permit can possess up to 300
lb (136 kg) of cod, haddock, and yellowtail flounder, combined, per
trip. Additionally, for these vessels, the trip limit for all stocks is
equal to the landing limits per DAS applicable to multispecies DAS
vessels. This is necessary to ensure that the trip limit applicable to
the Small Vessel category permit is consistent with reductions to the
trip limits for other common pool vessels, as described above.
Weekly quota monitoring reports for the common pool fishery can be
found on our website at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/MultiMonReports.htm. We will continue to monitor common pool
catch through vessel trip reports, dealer-reported landings, vessel
monitoring system catch reports, and other available information and,
if necessary, we will make additional adjustments to common pool
management measures.
Table 1--2019 Fishing Year Common Pool Possession and Trip Limits
------------------------------------------------------------------------
Stock 2019 trip limit
------------------------------------------------------------------------
GB Cod (outside Eastern U.S./Canada 250 lb (113 kg) per DAS, up to
Area). 500 lb (227 kg) per trip.
GB Cod (inside Eastern U.S./Canada
Area).
GB Cod [Closed Area II Yellowtail 500 lb (227 kg) per trip.
Flounder/Haddock SAP (for targeting
haddock)].
GOM Cod................................ 50 lb (23 kg) per DAS, up to
100 lb (45 kg) per trip.
GB Haddock............................. 100,000 lb (45, 359 kg) per
trip.
GOM Haddock............................ 500 lb (227 kg) per DAS, up to
1,000 lb (454 kg) per trip.
GB Yellowtail Flounder................. 100 lb (45 kg) per trip.
SNE/MA Yellowtail Flounder............. 100 lb (45 kg) per DAS, up to
200 lb (91 kg) per trip.
Cape Cod (CC)/GOM Yellowtail Flounder.. 750 lb (340 kg) per DAS, up to
1,500 lb (680 kg) per trip.
American Plaice........................ 750 lb (340 kg) per DAS, up to
1,500 lb (680 kg) per trip.
Witch Flounder......................... 600 lb (272 kg) per trip.
GB Winter Flounder..................... 250 lb (113 kg) per trip.
GOM Winter Flounder.................... 2,000 lb (907 kg) per trip.
SNE/MA Winter Flounder................. 2,000 lb (907 kg) per DAS, up
to 4,000 lb (1,814 kg) per
trip.
Redfish................................ Unlimited.
White Hake............................. 1,500 lb (680 kg) per trip.
Pollock................................ Unlimited.
Atlantic Halibut....................... 1 fish per trip.
Windowpane Flounder.................... Possession Prohibited.
Ocean Pout.............................
Atlantic Wolffish......................
------------------------------------------------------------------------
[[Page 17928]]
Table 2--2019 Fishing Year Cod Trip Limits for Handgear A, Handgear B,
and Small Vessel Category Permits
------------------------------------------------------------------------
Permit Initial 2019 trip limit
------------------------------------------------------------------------
Handgear A GOM Cod................ 50 lb (23 kg) per trip.
Handgear A GB Cod................. 250 lb (113 kg) per trip.
Handgear B GOM Cod................ 25 lb (11 kg) per trip.
Handgear B GB Cod................. 25 lb (11 kg) per trip.
Small Vessel Category............. 300 lb (136 kg) of cod, haddock, and
yellowtail flounder combined;
additionally, vessels are limited
to the common pool DAS limit for
all stocks.
------------------------------------------------------------------------
As a reminder, Table 3 includes the initial common pool trimester
Total Allowable Catches (TACs) for fishing year 2019. These trimester
TACS are based on preliminary sector rosters. However, individual
permit holders have until the end of the 2018 fishing year (April 30,
2019) to drop out of a sector and fish in the common pool fishery for
the 2019 fishing year. Therefore, it is possible that the sector and
common pool catch limits, including the trimester TACs, may change due
to changes in sector rosters. If changes to sector rosters occur,
updated catch limits and/or possession and trip limits will be
announced as soon as possible in the 2019 fishing year to reflect the
final sector rosters as of May 1, 2019. On April 19, 2019, we also
published a proposed rule to request comment on Framework Adjustment 58
measures (84 FR 16441). If approved, that rule could make additional
changes to common pool sub-ACLs, as well as common pool possession and
trip limits.
Table 3--Common Pool Trimester Total Allowable Catches for Fishing Year 2019 (mt, live weight)
----------------------------------------------------------------------------------------------------------------
Trimester total allowable catches (mt)
Stock -----------------------------------------------
Trimester 1 Trimester 2 Trimester 3
----------------------------------------------------------------------------------------------------------------
GB Cod.......................................................... 11.1 13.5 15.1
GOM Cod......................................................... 5.8 3.9 2.1
GB Haddock...................................................... 86.1 105.2 127.5
GOM Haddock..................................................... 25.1 24.1 43.6
GB Yellowtail Flounder.......................................... 0.7 1.1 1.8
SNE/MA Yellowtail Flounder...................................... 1.3 1.7 3.2
CC/GOM Yellowtail Flounder...................................... 9.7 4.4 2.9
American Plaice................................................. 19.2 2.1 4.7
Witch Flounder.................................................. 10.1 3.7 4.6
GB Winter Flounder.............................................. 0.5 1.4 4.1
GOM Winter Flounder............................................. 6.5 6.7 4.4
Redfish......................................................... 12.8 15.9 22.5
White Hake...................................................... 7.8 6.4 6.4
Pollock......................................................... 64.4 80.5 85.1
----------------------------------------------------------------------------------------------------------------
Closed Area II Yellowtail Flounder/Haddock Special Access Program
The regulations at Sec. 648.85(b)(3)(vii) provide the Regional
Administrator with authority to determine the total number of trips
that may be declared into the Closed Area II Yellowtail Flounder/
Haddock Special Access Program (SAP) to target yellowtail flounder.
This action allocates zero trips for common pool vessels to target
yellowtail flounder within the Closed Area II Yellowtail Flounder/
Haddock SAP for fishing year 2019. As a result, this SAP is only open
to target haddock, from August 1, 2019, through January 31, 2020.
Northeast multispecies vessels fishing in the SAP must fish with a
haddock separator trawl, a Ruhle trawl, or hook gear. Vessels may not
fish in this SAP using flounder trawl nets.
The Regional Administrator (RA) has the authority to determine the
allocation of the total number of trips into the Closed Area II
Yellowtail Flounder/Haddock SAP based on several criteria, including
the GB yellowtail flounder catch limit and the amount of GB yellowtail
flounder caught outside of the SAP. Allocating trips to target
yellowtail flounder in the Closed Area II Yellowtail Flounder/Haddock
SAP is discretionary if the available GB yellowtail flounder catch is
insufficient to support at least 150 trips with a 15,000-lb (6,804-kg)
trip limit, for a total catch of 2,250,000 lb (1,020,600 kg). This
calculation considers projected catch from the area outside the SAP.
Based on the fishing year 2019 GB yellowtail flounder groundfish sub-
ACL implemented by Framework Adjustment 57 of 526,905 lb (239,000 kg),
there is insufficient GB yellowtail flounder to allocate any trips to
the SAP. Further, given the low GB yellowtail flounder catch limit,
catch rates outside of this SAP are more than adequate to fully harvest
the 2019 GB yellowtail flounder allocation.
On April 19, 2019, we published a proposed rule to request comment
on Framework 58 measures. The New England Fishery Management Council's
recommended 2019 GB yellowtail flounder sub-ACL is a 105 mt reduction
from the 2019 sub-ACL implemented by Framework 57, which was used in
the calculation for the determination not to allocate any trips to the
SAP. As a result, we do not expect the final rule implementing
Framework 58 would allocate trips to the SAP to target yellowtail
flounder.
Classification
This action is required by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior
notice and the opportunity for public comment and the 30-day delayed
effectiveness
[[Page 17929]]
period because it would be contrary to the public interest.
The regulations at Sec. 648.86(o) authorize the RA to adjust the
Northeast multispecies possession and trip limits for common pool
vessels in order to prevent the overharvest or underharvest of the
pertinent common pool quotas. This action sets the common pool
possession and trip limits on May 1, 2019, for the 2019 fishing year.
The possession and trip limits implemented through this action help to
ensure that the Northeast multispecies common pool fishery may achieve
the optimum yield for the relevant stocks, while controlling catch to
help prevent inseason closures or quota overages. Delay of this action
would leave the common pool fishery with the possession and trip limits
found in Sec. 648.86, which are too high to control catch. This would
likely lead to early closure of a trimester and quota overages. Any
overage of the quota for either of the first two trimesters must be
deducted from the Trimester 3 quota, which could substantially disrupt
the trimester structure and intent to distribute the fishery across the
entire fishing year. An overage reduction in Trimester 3 would further
reduce fishing opportunities for common pool vessels and likely result
in early closure of Trimester 3. Additionally, any overage of the
annual quota would be deducted from common pool's quota for the next
fishing year, to the detriment of this stock.
The regulations at Sec. 648.85(b)(3)(vii) require that the
Regional Administrator announce the total number of allowed trips by
common pool vessels that may be declared into the Closed Area II
Yellowtail Flounder/Haddock SAP on or about June 1. On April 19, 2019,
we published the proposed rule for Framework 58 to the Northeast
Multispecies FMP, and the final rule for that action may not be
implemented by June 1. As such, we have included the announcement in
this inseason action to meet this regulatory requirement. Doing so also
ensures that the fishing industry has sufficient notice in order to
plan their activities in the new fishing year.
For the reasons above, delay of this action for prior notice and
the opportunity for public comment and the 30-day delayed effectiveness
period would undermine management objectives of the FMP and cause
unnecessary negative economic impacts to the common pool fishery.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 23, 2019.
Karen H. Abrams,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2019-08441 Filed 4-25-19; 8:45 am]
BILLING CODE 3510-22-P
