Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Northeast Multispecies Measures for Fishing Year 2020, 22374-22377 [2020-08510]
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Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Rules and Regulations
operating hour following that deadline
until completion of the test or analysis,
the owner or operator shall report
substitute data as if the originally
applicable deadline for the test or
analysis were the deadline under
paragraph (a)(6)(i) of this section.
(iii) For purposes of determining the
applicable deadline for the next qualityassurance test, appendix D fuel analysis,
or appendix E or LME NOX emission
rate test required under this part after a
delayed quality-assurance test,
appendix D fuel analysis, or appendix E
or LME NOX emission rate test is
completed or due to be completed in
accordance with paragraph (a)(6)(i) of
this section, the delayed test or analysis
shall be considered to have been
completed in a timely manner as of the
date on which such delayed test or
analysis was actually completed or, if
earlier, the deadline for completion of
the delayed test or analysis under
paragraph (a)(6)(i) of this section.
(7) The following recordkeeping and
reporting requirements shall apply to
any use of the procedures under
paragraphs (a)(3) through (6) of this
section:
(i) The owner or operator of an
affected unit reporting data under
paragraph (a)(3), (4), or (5) of this
section shall maintain records
documenting the reasons for failure to
complete by the applicable deadline
each test or analysis referenced in such
paragraph and demonstrating that such
failure is caused by travel, plant access,
or other safety restrictions implemented
to address the COVID–19 national
emergency. The owner or operator shall
also maintain records documenting
when any such travel, plant access, or
other safety restrictions impairing the
ability to complete testing or analyses
for that unit ceased to apply. The
records shall be maintained on site at
the source in a form suitable for
inspection for a period of three years
from the date of each record.
(ii) By five business days after the
applicable deadline for a test or analysis
referenced in paragraph (a)(3), (4), or (5)
of this section, the designated
representative shall submit to the
Administrator, by email transmitted to
camdpetitions@epa.gov, a notification
containing the following information:
(A) Facility ID (ORIS);
(B) Facility name;
(C) Monitoring location ID and/or unit
ID;
(D) Identification of the qualityassurance test, certification or
recertification test, appendix D fuel
analysis, or appendix E or LME NOX
emission rate test for which the
notification is being submitted;
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15:57 Apr 21, 2020
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(E) Identification of the applicable
deadline for the test or analysis under
part 75 (not including any applicable
grace period);
(F) A detailed explanation of the
reason for failure to complete the test or
analysis by the applicable deadline
under part 75, including an explanation
of how such failure is caused by travel,
plant access, or other safety restrictions
implemented to address the COVID–19
national emergency;
(G) The certification statements in
§ 72.21(b)(1) and (2) of this chapter.
(iii) By five business days after the
completion in accordance with
paragraph (a)(6)(i) or (ii) of this section
of a delayed test or analysis referenced
in paragraph (a)(3), (4), or (5) of this
section, the designated representative
shall submit to the Administrator, by
email transmitted to camdpetitions@
epa.gov, a notification containing the
following information:
(A) Facility ID (ORIS);
(B) Facility name;
(C) Monitoring location ID and/or unit
ID;
(D) Identification of the qualityassurance test, certification or
recertification test, appendix D fuel
analysis, or appendix E or LME NOX
emission rate test for which the
notification is being submitted;
(E) Identification of the date as of
which travel, plant access, or other
safety restrictions previously impairing
the ability to complete the delayed test
or analysis for the unit no longer
applied;
(F) Identification of the date as of
which the test or analysis was
completed in accordance with
paragraph (a)(6)(i) or (ii) of this section;
and
(G) The certification statements in
§ 72.21(b)(1) and (2) of this chapter.
(iv) With respect to any test or
analysis of a type that is required to be
performed more frequently than once
per unit operating quarter, a series of
such required tests or analyses may be
treated as a single test or analysis for
purposes of a notification submitted
under paragraph (a)(7)(ii) or (iii) of this
section, with the notification under
paragraph (a)(7)(ii) to be submitted by
five business days after the first failure
to perform such a test or analysis by the
applicable deadline and the notification
under paragraph (a)(7)(iii) to be
submitted by five business days after the
first completion of such a test or
analysis in accordance with paragraph
(a)(6)(i) or (ii) of this section.
(v) A notification submitted under
paragraph (a)(7)(ii) or (iii) of this section
may include information for more than
one required test for a given unit or
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monitoring location, provided that each
item of information required to be
included in such notification pursuant
to paragraphs (a)(7)(ii)(D) through (F) of
this section or paragraphs (a)(7)(iii)(D)
through (F) of this section is provided
separately for each required test
included in the notification.
(vi) No claim of confidentiality may
be asserted with respect to any
information included in a notification
submitted under paragraph (a)(7)(ii) or
(iii) of this section.
(vii) Notwithstanding the deadlines
for submission of notifications in
paragraphs (a)(7)(ii), (iii), and (iv) of this
section, no such notification from any
owner or operator shall be due less than
30 days after the effective date of this
section.
(b) The requirements of this section
are effective from April 22, 2020 and,
except for those in paragraphs (a)(6)(ii)
and (iii) and (a)(7)(i) of this section,
shall cease to have effect October 19,
2020.
[FR Doc. 2020–08581 Filed 4–21–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 181203999–9503–02; RTID
0648–XX050]
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Northeast Multispecies
Measures for Fishing Year 2020
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 the Northeast multispecies
fishery for the 2020 fishing year. This
action is necessary to ensure that the
Northeast multispecies common pool
fishery may achieve the optimum yield
for the relevant stocks, while controlling
catch to help prevent inseason closures
or quota overages. These measures
include possession and trip limits, the
allocation of zero trips into the Closed
Area II Yellowtail Flounder/Haddock
Special Access Program for common
pool vessels to target yellowtail
flounder, and the closure of the Regular
B Days-at-Sea Program.
DATES: Effective at 0001 hours on May
1, 2020, through April 30, 2021.
SUMMARY:
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Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Rules and Regulations
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 2020
fishing year, effective May 1, 2020.
Common Pool Trip Limits
The regulations at § 648.86(o) give the
Regional Administrator the authority to
implement or adjust a per-Day-at-Sea
(DAS) possession limit and/or a
maximum trip limit in order to prevent
exceeding the common pool sub-Annual
Catch Limit (sub-ACL) in that fishing
year. The possession and trip limits
implemented for the start of the 2020
fishing year are included in Tables 1
and 2 below. These possession and trip
limits were developed based on the
common pool sub-ACLs set by
Framework Adjustment 58 to the
Northeast Multispecies FMP that will be
in effect on May 1, 2020. We also
considered preliminary 2020 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 2020 fishing year subACLs.
For Handgear A and Handgear B
vessels, possession and trip limits for
Georges Bank (GB) and Gulf of Maine
(GOM) cod are tied to the possession
and trip limits for groundfish DAS
vessels. The default cod trip limit is 300
lb (136 kg) for Handgear A vessels and
75 lb (34 kg) for Handgear B vessels. If
the GOM or GB cod limit for vessels
fishing on a groundfish DAS drops
below 300 lb (136 kg), then the
respective Handgear A cod trip limit
must be reduced to the same limit.
Similarly, the Handgear B trip limit
must be adjusted proportionally to the
DAS limit (rounded up to the nearest 25
lb (11 kg)). In accordance with this
process, the Handgear A and Handgear
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B possession and trip limits for GB and
GOM cod are as listed below in Table
2.
Vessels with a Small Vessel category
permit can possess up to 300 lb (136 kg)
of cod, haddock, and yellowtail
flounder, combined, per trip.
Additionally, for these vessels, the trip
limit for all stocks is equal to the
landing limits per DAS applicable to
multispecies DAS vessels. This is
necessary to ensure that the trip limit
applicable to the Small Vessel category
permit is consistent with the trip limits
for other common pool vessels, as
described above.
Weekly quota monitoring reports for
the common pool fishery can be found
on our website at: https://
www.greateratlantic.fisheries.noaa.gov/
ro/fso/reports/h/nemultispecies.html.
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—2020 FISHING YEAR COMMON POOL POSSESSION AND TRIP LIMITS
Stock
2020 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 .............................................................................
Southern New England (SNE)/Mid-Atlantic (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.
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.
1,000 lb (454 kg) per DAS, up to 2,000 lb (907 kg) per trip.
100 lb (45 kg) per trip.
100 lb (45 kg) per DAS, up to 200 lb (91 kg) per trip.
1,000 lb (340 kg) per DAS, up to 2,000 lb (680 kg) per trip.
1,000 lb (340 kg) per DAS, up to 2,000 lb (680 kg) per trip.
750 lb (272 kg) per trip.
250 lb (113 kg) per trip.
1,000 lb (454 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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* Minimum fish sizes apply for many groundfish species, but are not included in this rule. Please see 50 CFR 648.83 for applicable minimum
fish sizes.
TABLE 2—2020 FISHING YEAR COD TRIP LIMITS FOR HANDGEAR A, HANDGEAR B, AND SMALL VESSEL CATEGORY
PERMITS
Permit
Handgear
Handgear
Handgear
Handgear
A
A
B
B
Initial 2020 trip limit
GOM Cod .............................................................................
GB Cod .................................................................................
GOM Cod .............................................................................
GB Cod .................................................................................
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50 lb (23 kg) per trip.
250 lb (113 kg) per trip.
25 lb (11 kg) per trip.
25 lb (11 kg) per trip.
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Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Rules and Regulations
TABLE 2—2020 FISHING YEAR COD TRIP LIMITS FOR HANDGEAR A, HANDGEAR B, AND SMALL VESSEL CATEGORY
PERMITS—Continued
Permit
Initial 2020 trip limit
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.
Table 3 includes the initial common
pool trimester Total Allowable Catches
(TACs) for fishing year 2020. These
trimester TACs are based on preliminary
sector rosters. However, individual
permit holders have until the end of the
2019 fishing year (April 30, 2020) to
drop out of a sector and fish in the
common pool fishery for the 2020
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
2020 fishing year to reflect the final
sector rosters as of May 1, 2020. We are
working to publish a proposed rule to
request comment on updated 2020
specifications as recommended by the
New England Fishery Management
Council in Framework Adjustment 59 to
the Northeast Multispecies FMP. If
approved, that rule would make
additional changes to common pool subACLs. There could be additional
changes to common pool possession and
trip limits as a result.
TABLE 3—INITIAL COMMON POOL TRIMESTER TOTAL ALLOWABLE CATCHES FOR FISHING YEAR 2020
[mt, live weight]
Trimester total allowable catches
(mt)
Stock
Trimester 1
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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 .........................................................................................................................................
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 common pool trips that may
be declared into the Closed Area II
Yellowtail Flounder/Haddock Special
Access Program (SAP) to target
yellowtail flounder. This action
allocates zero trips for common pool
vessels to target yellowtail flounder
within the Closed Area II Yellowtail
Flounder/Haddock SAP for fishing year
2020. As a result, this SAP is only open
to target haddock, from August 1, 2020,
through January 31, 2021. 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 has the
authority to determine the allocation of
the total number of trips into the Closed
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Area II Yellowtail Flounder/Haddock
SAP based on several criteria, including
the GB yellowtail flounder catch limit
and the amount of GB yellowtail
flounder caught outside of the SAP.
Allocating trips to target yellowtail
flounder in the Closed Area II
Yellowtail Flounder/Haddock SAP is
discretionary if the available GB
yellowtail flounder catch is insufficient
to support at least 150 trips with a
15,000-lb (6,804-kg) trip limit, for a total
catch of 2,250,000 lb (1,020,600 kg).
This calculation considers projected
catch from all vessels from the area
outside the SAP. Based on the fishing
year 2020 GB yellowtail flounder
groundfish sub-ACL implemented by
Framework Adjustment 58 of 295,419 lb
(134,000 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
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18.9
5.5
286.8
21.2
0.7
1.3
12.2
21.6
12.7
2.5
6.7
14.5
8.0
69.5
Trimester 2
22.9
3.7
350.5
20.4
1.1
1.7
5.6
2.3
4.6
7.6
6.9
18.0
6.6
86.8
Trimester 3
25.6
2.0
424.9
36.8
1.9
3.2
3.6
5.2
5.8
21.6
4.5
25.5
6.6
91.8
adequate to fully harvest the 2020 GB
yellowtail flounder allocation.
We are working to publish a proposed
rule to request comments on Framework
59 measures. If approved, Framework 59
would implement a 2020 GB yellowtail
flounder sub-ACL that is reduced
compared to the Framework 58 subACL. A reduction in the GB yellowtail
flounder sub-ACL would reduce the
number of potential trips in the Closed
Area II yellowtail Flounder/Haddock
SAP. As a result, we do not expect that
the final rule implementing Framework
59 would allocate trips to the SAP to
target yellowtail flounder.
Regular B DAS Program
The regulations at § 648.85(b)(6)(vi)
authorize the Regional Administrator to
close the Regular B DAS program by
prohibiting the use of Regular B DAS
when the continuation of the program
would undermine the achievement of
the objectives of the Northeast
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Federal Register / Vol. 85, No. 78 / Wednesday, April 22, 2020 / Rules and Regulations
Multispecies FMP or the Regular B DAS
Program. One reason for terminating the
program is an inability to constrain
common pool catches to the Incidental
Catch TACs.
Framework Adjustment 58 to the
Northeast Multispecies FMP (84 FR
34799, July 19, 2019) implemented
Common Pool Incidental Catch TACs
for the Regular B DAS Program for the
2020 fishing year (Table 1). These TACs
are further divided into Quarterly
Incidental Catch TACs to be monitored
and managed during each calendar
quarter.
Given that the Incidental Catch TACs
allocated to the Regular B DAS Program
for several stocks are very small,
inseason management of the Regular B
DAS Program is likely to be extremely
difficult and impractical.
Implementation of an inseason action to
close the Regular B DAS Program once
a Quarterly Incidental Catch TAC for a
stock has been reached would not be
possible to complete quickly enough to
prevent further catch of that stock.
As a result, it is unlikely that we can
effectively limit catch to the Incidental
Catch TACs during fishing year 2020,
and project that continuation of the
program would undermine the
achievement of the objectives of the
Northeast Multispecies FMP and the
Regular B DAS Program. The Regular B
DAS Program will be closed and use of
Regular B DAS is prohibited for the
2020 fishing year, through April 30,
2021. This applies to all vessels issued
a limited access Northeast multispecies
permit.
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Classification
This action is authorized by 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
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pursuant to 5 U.S.C. 553(b)(B) and 5
U.S.C. 553(d)(3) to waive prior notice
and the opportunity for public comment
and the 30-day delayed effectiveness
period because it would be contrary to
the public interest.
The regulations at § 648.86(o)
authorize the Regional Administrator to
adjust the Northeast multispecies
possession and trip limits for common
pool vessels in order to prevent the
overharvest or underharvest of the
pertinent common pool quotas. This
action sets the initial common pool
possession and trip limits on May 1,
2020, for the 2020 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
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
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22377
be declared into the Closed Area II
Yellowtail Flounder/Haddock SAP on
or about June 1. We have included the
announcement in this inseason action to
meet this regulatory requirement. Doing
so ensures that the fishing industry has
sufficient notice in order to plan their
activities in the new fishing year. This
action is formulaic and is expected by
industry. Given the low quota for GB
yellowtail flounder in recent years, no
trips have been allocated to this SAP
from fishing year 2010 to fishing year
2019.
The regulations at § 648.85(b)(6)(vi)
authorize the Regional Administrator to
close the Regular B DAS program by
prohibiting the use of Regular B DAS
when the continuation of the program
would undermine the achievement of
the objectives of the Northeast
Multispecies FMP or the Regular B DAS
Program. The Regular B DAS program
closure implemented through this
action will prevent an overage of the
Incidental Catch TACs. Delay of this
action would provide vessel owners an
opportunity to participate in the Regular
B DAS Program, but participation and
catch in the program may cause the
allocation to be exceeded.
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 16, 2020.
He´le`ne M.N. Scalliet,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–08510 Filed 4–21–20; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 85, Number 78 (Wednesday, April 22, 2020)]
[Rules and Regulations]
[Pages 22374-22377]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-08510]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 181203999-9503-02; RTID 0648-XX050]
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Northeast Multispecies Measures for Fishing Year
2020
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 the Northeast multispecies
fishery for the 2020 fishing year. This action is necessary to ensure
that the Northeast multispecies common pool fishery may achieve the
optimum yield for the relevant stocks, while controlling catch to help
prevent inseason closures or quota overages. These measures include
possession and trip limits, the allocation of zero trips into the
Closed Area II Yellowtail Flounder/Haddock Special Access Program for
common pool vessels to target yellowtail flounder, and the closure of
the Regular B Days-at-Sea Program.
DATES: Effective at 0001 hours on May 1, 2020, through April 30, 2021.
[[Page 22375]]
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 2020 fishing year, effective May 1, 2020.
Common Pool Trip Limits
The regulations at Sec. 648.86(o) give the Regional Administrator
the authority to implement or adjust a per-Day-at-Sea (DAS) possession
limit and/or a maximum trip limit in order to prevent exceeding the
common pool sub-Annual Catch Limit (sub-ACL) in that fishing year. The
possession and trip limits implemented for the start of the 2020
fishing year are included in Tables 1 and 2 below. These possession and
trip limits were developed based on the common pool sub-ACLs set by
Framework Adjustment 58 to the Northeast Multispecies FMP that will be
in effect on May 1, 2020. We also considered preliminary 2020 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 2020 fishing year sub-ACLs.
For Handgear A and Handgear B vessels, possession and trip limits
for Georges Bank (GB) and Gulf of Maine (GOM) cod are tied to the
possession and trip limits for groundfish DAS vessels. The default cod
trip limit is 300 lb (136 kg) for Handgear A vessels and 75 lb (34 kg)
for Handgear B vessels. If the GOM or GB cod limit for vessels fishing
on a groundfish DAS drops below 300 lb (136 kg), then the respective
Handgear A cod trip limit must be reduced to the same limit. Similarly,
the Handgear B trip limit must be adjusted proportionally to the DAS
limit (rounded up to the nearest 25 lb (11 kg)). In accordance with
this process, the Handgear A and Handgear B possession and trip limits
for GB and GOM cod are as listed below in Table 2.
Vessels with a Small Vessel category permit can possess up to 300
lb (136 kg) of cod, haddock, and yellowtail flounder, combined, per
trip. Additionally, for these vessels, the trip limit for all stocks is
equal to the landing limits per DAS applicable to multispecies DAS
vessels. This is necessary to ensure that the trip limit applicable to
the Small Vessel category permit is consistent with the trip limits for
other common pool vessels, as described above.
Weekly quota monitoring reports for the common pool fishery can be
found on our website at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/nemultispecies.html. 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--2020 Fishing Year Common Pool Possession and Trip Limits
------------------------------------------------------------------------
Stock 2020 trip limit *
------------------------------------------------------------------------
GB Cod (outside Eastern U.S./Canada 250 lb (113 kg) per DAS, up to 500
Area). 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........................ 1,000 lb (454 kg) per DAS, up to
2,000 lb (907 kg) per trip.
GB Yellowtail Flounder............. 100 lb (45 kg) per trip.
Southern New England (SNE)/Mid- 100 lb (45 kg) per DAS, up to 200
Atlantic (MA) Yellowtail Flounder. lb (91 kg) per trip.
Cape Cod (CC)/GOM Yellowtail 1,000 lb (340 kg) per DAS, up to
Flounder. 2,000 lb (680 kg) per trip.
American Plaice.................... 1,000 lb (340 kg) per DAS, up to
2,000 lb (680 kg) per trip.
Witch Flounder..................... 750 lb (272 kg) per trip.
GB Winter Flounder................. 250 lb (113 kg) per trip.
GOM Winter Flounder................ 1,000 lb (454 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..................
------------------------------------------------------------------------
* Minimum fish sizes apply for many groundfish species, but are not
included in this rule. Please see 50 CFR 648.83 for applicable minimum
fish sizes.
Table 2--2020 Fishing Year Cod Trip Limits for Handgear A, Handgear B,
and Small Vessel Category Permits
------------------------------------------------------------------------
Permit Initial 2020 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.
[[Page 22376]]
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.
------------------------------------------------------------------------
Table 3 includes the initial common pool trimester Total Allowable
Catches (TACs) for fishing year 2020. These trimester TACs are based on
preliminary sector rosters. However, individual permit holders have
until the end of the 2019 fishing year (April 30, 2020) to drop out of
a sector and fish in the common pool fishery for the 2020 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 2020 fishing year to reflect the final sector rosters as of May 1,
2020. We are working to publish a proposed rule to request comment on
updated 2020 specifications as recommended by the New England Fishery
Management Council in Framework Adjustment 59 to the Northeast
Multispecies FMP. If approved, that rule would make additional changes
to common pool sub-ACLs. There could be additional changes to common
pool possession and trip limits as a result.
Table 3--Initial Common Pool Trimester Total Allowable Catches for Fishing Year 2020
[mt, live weight]
----------------------------------------------------------------------------------------------------------------
Trimester total allowable catches (mt)
Stock -----------------------------------------------
Trimester 1 Trimester 2 Trimester 3
----------------------------------------------------------------------------------------------------------------
GB Cod.......................................................... 18.9 22.9 25.6
GOM Cod......................................................... 5.5 3.7 2.0
GB Haddock...................................................... 286.8 350.5 424.9
GOM Haddock..................................................... 21.2 20.4 36.8
GB Yellowtail Flounder.......................................... 0.7 1.1 1.9
SNE/MA Yellowtail Flounder...................................... 1.3 1.7 3.2
CC/GOM Yellowtail Flounder...................................... 12.2 5.6 3.6
American Plaice................................................. 21.6 2.3 5.2
Witch Flounder.................................................. 12.7 4.6 5.8
GB Winter Flounder.............................................. 2.5 7.6 21.6
GOM Winter Flounder............................................. 6.7 6.9 4.5
Redfish......................................................... 14.5 18.0 25.5
White Hake...................................................... 8.0 6.6 6.6
Pollock......................................................... 69.5 86.8 91.8
----------------------------------------------------------------------------------------------------------------
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 common
pool trips that may be declared into the Closed Area II Yellowtail
Flounder/Haddock Special Access Program (SAP) to target yellowtail
flounder. This action allocates zero trips for common pool vessels to
target yellowtail flounder within the Closed Area II Yellowtail
Flounder/Haddock SAP for fishing year 2020. As a result, this SAP is
only open to target haddock, from August 1, 2020, through January 31,
2021. 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 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 all vessels from the area
outside the SAP. Based on the fishing year 2020 GB yellowtail flounder
groundfish sub-ACL implemented by Framework Adjustment 58 of 295,419 lb
(134,000 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 2020 GB yellowtail flounder allocation.
We are working to publish a proposed rule to request comments on
Framework 59 measures. If approved, Framework 59 would implement a 2020
GB yellowtail flounder sub-ACL that is reduced compared to the
Framework 58 sub-ACL. A reduction in the GB yellowtail flounder sub-ACL
would reduce the number of potential trips in the Closed Area II
yellowtail Flounder/Haddock SAP. As a result, we do not expect that the
final rule implementing Framework 59 would allocate trips to the SAP to
target yellowtail flounder.
Regular B DAS Program
The regulations at Sec. 648.85(b)(6)(vi) authorize the Regional
Administrator to close the Regular B DAS program by prohibiting the use
of Regular B DAS when the continuation of the program would undermine
the achievement of the objectives of the Northeast
[[Page 22377]]
Multispecies FMP or the Regular B DAS Program. One reason for
terminating the program is an inability to constrain common pool
catches to the Incidental Catch TACs.
Framework Adjustment 58 to the Northeast Multispecies FMP (84 FR
34799, July 19, 2019) implemented Common Pool Incidental Catch TACs for
the Regular B DAS Program for the 2020 fishing year (Table 1). These
TACs are further divided into Quarterly Incidental Catch TACs to be
monitored and managed during each calendar quarter.
Given that the Incidental Catch TACs allocated to the Regular B DAS
Program for several stocks are very small, inseason management of the
Regular B DAS Program is likely to be extremely difficult and
impractical. Implementation of an inseason action to close the Regular
B DAS Program once a Quarterly Incidental Catch TAC for a stock has
been reached would not be possible to complete quickly enough to
prevent further catch of that stock.
As a result, it is unlikely that we can effectively limit catch to
the Incidental Catch TACs during fishing year 2020, and project that
continuation of the program would undermine the achievement of the
objectives of the Northeast Multispecies FMP and the Regular B DAS
Program. The Regular B DAS Program will be closed and use of Regular B
DAS is prohibited for the 2020 fishing year, through April 30, 2021.
This applies to all vessels issued a limited access Northeast
multispecies permit.
Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior
notice and the opportunity for public comment and the 30-day delayed
effectiveness period because it would be contrary to the public
interest.
The regulations at Sec. 648.86(o) authorize the Regional
Administrator to adjust the Northeast multispecies possession and trip
limits for common pool vessels in order to prevent the overharvest or
underharvest of the pertinent common pool quotas. This action sets the
initial common pool possession and trip limits on May 1, 2020, for the
2020 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. We have included
the announcement in this inseason action to meet this regulatory
requirement. Doing so ensures that the fishing industry has sufficient
notice in order to plan their activities in the new fishing year. This
action is formulaic and is expected by industry. Given the low quota
for GB yellowtail flounder in recent years, no trips have been
allocated to this SAP from fishing year 2010 to fishing year 2019.
The regulations at Sec. 648.85(b)(6)(vi) authorize the Regional
Administrator to close the Regular B DAS program by prohibiting the use
of Regular B DAS when the continuation of the program would undermine
the achievement of the objectives of the Northeast Multispecies FMP or
the Regular B DAS Program. The Regular B DAS program closure
implemented through this action will prevent an overage of the
Incidental Catch TACs. Delay of this action would provide vessel owners
an opportunity to participate in the Regular B DAS Program, but
participation and catch in the program may cause the allocation to be
exceeded.
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 16, 2020.
H[eacute]l[egrave]ne M.N. Scalliet,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2020-08510 Filed 4-21-20; 8:45 am]
BILLING CODE 3510-22-P
