Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Common Pool Fishery and Other Measures for Fishing Year 2021, 21961-21964 [2021-08628]
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Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Rules and Regulations
not subject to U.S. jurisdiction (although
this activity would still be subject to
CITES requirements).
Separate from its final listing as an
endangered species, as a CITES-listed
species, all international trade of
Yangtze sturgeon by persons subject to
the jurisdiction of the United States
must also comply with CITES
requirements pursuant to section 9(c)
and 9(g) of the Act and to 50 CFR part
23. Applicable wildlife import/export
requirements established under section
9(d) through 9(f) of the Act, the Lacey
Act Amendments of 1981 (16 U.S.C.
3371 et seq.), and 50 CFR part 14 must
also be met for Yangtze sturgeon
imports and exports. Questions
regarding whether specific activities
would constitute a violation of section
9 of the Act should be directed to the
Branch of Delisting and Foreign Species
(see FOR FURTHER INFORMATION CONTACT).
Required Determinations
National Environmental Policy Act (42
U.S.C. 4321 et seq.)
We have determined that
environmental assessments and
Common name
Scientific name
*
environmental impact statements, as
defined under the authority of the
National Environmental Policy Act (42
U.S.C. 4321 et seq.), need not be
prepared in connection with listing a
species as an endangered or threatened
species under the Endangered Species
Act. We published a notice outlining
our reasons for this determination in the
Federal Register on October 25, 1983
(48 FR 49244).
References Cited
A complete list of references cited in
this rulemaking is available on the
internet at https://www.regulations.gov
and upon request from the Branch of
Delisting and Foreign Species,
Ecological Services (see FOR FURTHER
INFORMATION CONTACT).
Authors
The primary authors of this final rule
are the staff members of the Branch of
Delisting and Foreign Species,
Ecological Services, Falls Church, VA.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
Where listed
*
Status
*
recordkeeping requirements,
Transportation.
Regulation Promulgation
Accordingly, we amend part 17,
subchapter B of chapter I, title 50 of the
Code of Federal Regulations, as set forth
below:
PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
2. Amend § 17.11(h) by adding an
entry for ‘‘Sturgeon, Yangtze’’ to the List
of Endangered and Threatened Wildlife
in alphabetical order under FISHES to
read as follows:
■
§ 17.11 Endangered and threatened
wildlife.
*
*
*
(h) * * *
*
*
Listing citations and applicable rules
*
*
*
*
FISHES
*
Sturgeon,
Yangtze.
*
Acipenser
dabryanus.
*
*
Wherever found ..
*
*
Martha Williams,
Principal Deputy Director, Exercising the
Delegated Authority of the Director, U.S. Fish
and Wildlife Service.
[FR Doc. 2021–08466 Filed 4–23–21; 8:45 am]
BILLING CODE 4333–15–P
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 200723–0199; RTID 0648–
XA979]
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Common Pool Fishery and
Other Measures for Fishing Year 2021
National Marine Fisheries
Service (NMFS), National Oceanic and
AGENCY:
16:01 Apr 23, 2021
*
*
*
86 FR [insert Federal Register page where the document begins], 4/
26/2021.
*
*
Atmospheric Administration (NOAA),
Commerce.
Temporary rule; possession and
trip limit implementation.
ACTION:
This action implements
measures for the Northeast multispecies
fishery for the 2021 fishing year. This
action is necessary to ensure that the
Northeast multispecies common pool
fishery may achieve the optimum yield
for the relevant stocks, while controlling
catch to help prevent in-season closures
or quota overages. These measures
include possession and trip limits, the
allocation of zero trips into the Closed
Area II Yellowtail Flounder/Haddock
Special Access Program for common
pool vessels to target yellowtail
flounder, and the closure of the Regular
B Days-at-Sea Program.
SUMMARY:
DEPARTMENT OF COMMERCE
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Effective at 0001 hours on May
1, 2021, through April 30, 2022.
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 2021
fishing year, effective May 1, 2021.
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
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year. The possession and trip limits
implemented for the start of the 2021
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 59 to the FMP
(85 FR 45794, July 30, 2020) that will be
in effect on May 1, 2021. We considered
preliminary 2021 sector rosters,
expected common pool participation,
and common pool fishing activity in
previous fishing years. We also took into
account uncertainty arising from our
pending consideration of Framework 61
for potential approval. 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 2021 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
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—2021 FISHING YEAR COMMON POOL POSSESSION AND TRIP LIMITS
Stock
2021 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/Mid-Atlantic (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.
400 lb (181.4 kg) per DAS, up to 800 lb (362.9 kg) per trip.
500 lb (226.8 kg) per trip.
100 lb (45.4 kg) per DAS, up to 200 lb (90.7 kg) per trip.
100,000 lb (45,359.2 kg) per trip.
2,000 lb (907.2 kg) per DAS, up to 4,000 lb (1,814.4 kg) per trip.
100 lb (45.4 kg) per trip.
100 lb (45.4 kg) per DAS, up to 200 lb (90.7 kg) per trip.
1,000 lb (453.6 kg) per DAS, up to 2,000 lb (907.2 kg) per trip.
2,000 lb (907.2 kg) per DAS, up to 4,000 lb (1,814.4 kg) per trip.
1,500 lb (680.4 kg) per trip.
250 lb (113.4 kg) per trip.
250 lb (113.4 kg) per trip.
2,000 lb (907.2 kg) per DAS, up to 4,000 lb (1,814.4 kg) per trip.
Unlimited.
1,500 lb (680.4 kg) per trip.
Unlimited.
1 fish per trip.
Possession Prohibited.
Note: Minimum fish sizes apply for many groundfish species, but are not included in this rule. Please see 50 CFR 648.83 for applicable minimum fish sizes.
TABLE 2—2021 FISHING YEAR COD TRIP LIMITS FOR HANDGEAR A, HANDGEAR B, AND SMALL VESSEL CATEGORY
PERMITS
Permit
Initial 2021 trip limit
Handgear A GOM Cod .............................................................................
Handgear A GB Cod ................................................................................
Handgear B GOM Cod .............................................................................
Handgear B GB Cod ................................................................................
Small Vessel Category .............................................................................
100 lb (45.4 kg) per trip.
300 lb (136.1 kg) per trip.
25 lb (11 kg) per trip.
25 lb (11 kg) per trip.
300 lb (136.1 kg) of cod, haddock, and yellowtail flounder combined;
additionally, vessels are limited to the common pool DAS limit for all
stocks.
Table 3 includes the initial common
pool trimester total allowable catches
(TAC) for fishing year 2021. These
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trimester TACs are based on preliminary
sector rosters. However, individual
permit holders have until the end of the
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2020 fishing year (April 30, 2021) to
drop out of a sector and fish in the
common pool fishery for the 2021
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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
2021 fishing year to reflect the final
sector rosters as of May 1, 2021. We are
working to publish a proposed rule to
request comment on updated 2021
specifications as recommended by the
New England Fishery Management
Council in Framework Adjustment 61. 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 2021
[Mt, live weight]
Trimester total allowable catches
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 .........................................................................................................................................
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
2021. As a result, this SAP is only open
to target haddock, from August 1, 2021,
through January 31, 2022. 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 2021 GB yellowtail flounder
groundfish sub-ACL implemented by
Framework Adjustment 59 of 209,439 lb
(95,000 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 2021 GB
yellowtail flounder allocation.
We are working to publish a proposed
rule to request comments on Framework
61 measures. If approved, Framework 61
would implement a 2021 GB yellowtail
flounder sub-ACL that is reduced
compared to the Framework 59 subACL. A reduction in the GB yellowtail
Trimester 2
8.8
4.3
385.5
69.8
0.6
0.6
18.0
52.6
19.5
1.7
1.9
12.8
9.3
53.2
10.7
2.9
471.2
67.2
1.0
0.8
8.2
5.7
7.1
5.0
1.9
15.8
7.6
66.5
Trimester 3
11.9
1.6
571.1
121.5
1.7
1.5
5.4
12.8
8.9
14.2
1.3
22.4
7.6
70.3
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
61 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
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 59
implemented Common Pool Incidental
Catch TACs for the Regular B DAS
Program for the 2021 fishing year (Table
4). These TACs are further divided into
Quarterly Incidental Catch TACs to be
monitored and managed during each
calendar quarter.
TABLE 4—FISHING YEAR TOTAL AND QUARTERLY INCIDENTAL CATCH TACS FOR THE REGULAR B DAS PROGRAM
[Mt, live weight]
Total
incidental
catch TAC
Stock
Quarterly
incidental catch TAC
1st quarter
(13%)
2021
GB Cod ................................................................................
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2nd quarter
(29%)
0.04
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3rd quarter
(29%)
0.09
4th quarter
(29%)
0.09
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Federal Register / Vol. 86, No. 78 / Monday, April 26, 2021 / Rules and Regulations
TABLE 4—FISHING YEAR TOTAL AND QUARTERLY INCIDENTAL CATCH TACS FOR THE REGULAR B DAS PROGRAM—
Continued
[Mt, live weight]
Total
incidental
catch TAC
Stock
Quarterly
incidental catch TAC
1st quarter
(13%)
2021
GOM Cod .............................................................................
GB Yellowtail Flounder ........................................................
CC/GOM Yellowtail Flounder ...............................................
American Plaice ...................................................................
Witch Flounder .....................................................................
SNE/MA Winter Flounder ....................................................
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 in-season action
to close the Regular B DAS Program
once a Quarterly Incidental Catch TAC
for a stock has been reached would not
be possible to complete quickly enough
to prevent further catch of that stock.
As a result, it is unlikely that we can
effectively limit catch to the Incidental
Catch TACs during fishing year 2021,
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
2021 fishing year, through April 30,
2022. 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 § 648.86(o)
authorize the Regional Administrator to
adjust the Northeast multispecies
possession and trip limits for common
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0.03
0.32
3.56
1.77
0.00
0.01
0.00
0.04
0.46
0.23
0.00
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,
2021, for the 2021 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
be declared into the Closed Area II
Yellowtail Flounder/Haddock SAP on
or about June 1. We have included the
announcement in this in-season action
to meet this regulatory requirement.
Doing so ensures that the fishing
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2nd quarter
(29%)
3rd quarter
(29%)
0.03
0.01
0.09
1.03
0.51
0.00
4th quarter
(29%)
0.03
0.01
0.09
1.03
0.51
0.00
0.03
0.01
0.09
1.03
0.51
0.00
industry has sufficient notice in order to
plan their activities in the new fishing
year. This action occurs annually, and
industry participants are accustomed to
it and expect its timely implementation.
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 2021.
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 21, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–08628 Filed 4–21–21; 4:15 pm]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 86, Number 78 (Monday, April 26, 2021)]
[Rules and Regulations]
[Pages 21961-21964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-08628]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200723-0199; RTID 0648-XA979]
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Common Pool Fishery and Other Measures for
Fishing Year 2021
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 2021 fishing year. This action is necessary to ensure
that the Northeast multispecies common pool fishery may achieve the
optimum yield for the relevant stocks, while controlling catch to help
prevent in-season closures or quota overages. These measures include
possession and trip limits, the allocation of zero trips into the
Closed Area II Yellowtail Flounder/Haddock Special Access Program for
common pool vessels to target yellowtail flounder, and the closure of
the Regular B Days-at-Sea Program.
DATES: Effective at 0001 hours on May 1, 2021, through April 30, 2022.
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 2021 fishing year, effective May 1, 2021.
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
[[Page 21962]]
year. The possession and trip limits implemented for the start of the
2021 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 59 to the FMP (85 FR 45794, July 30,
2020) that will be in effect on May 1, 2021. We considered preliminary
2021 sector rosters, expected common pool participation, and common
pool fishing activity in previous fishing years. We also took into
account uncertainty arising from our pending consideration of Framework
61 for potential approval. 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 2021 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--2021 Fishing Year Common Pool Possession and Trip Limits
------------------------------------------------------------------------
Stock 2021 trip limit
------------------------------------------------------------------------
GB Cod (outside Eastern U.S./Canada 400 lb (181.4 kg) per DAS, up
Area); GB Cod (inside Eastern U.S./ to 800 lb (362.9 kg) per trip.
Canada Area).
GB Cod [Closed Area II Yellowtail 500 lb (226.8 kg) per trip.
Flounder/Haddock SAP (for targeting
haddock)].
GOM Cod................................ 100 lb (45.4 kg) per DAS, up to
200 lb (90.7 kg) per trip.
GB Haddock............................. 100,000 lb (45,359.2 kg) per
trip.
GOM Haddock............................ 2,000 lb (907.2 kg) per DAS, up
to 4,000 lb (1,814.4 kg) per
trip.
GB Yellowtail Flounder................. 100 lb (45.4 kg) per trip.
Southern New England/Mid-Atlantic (SNE/ 100 lb (45.4 kg) per DAS, up to
MA) Yellowtail Flounder. 200 lb (90.7 kg) per trip.
Cape Cod (CC)/GOM Yellowtail Flounder.. 1,000 lb (453.6 kg) per DAS, up
to 2,000 lb (907.2 kg) per
trip.
American plaice........................ 2,000 lb (907.2 kg) per DAS, up
to 4,000 lb (1,814.4 kg) per
trip.
Witch Flounder......................... 1,500 lb (680.4 kg) per trip.
GB Winter Flounder..................... 250 lb (113.4 kg) per trip.
GOM Winter Flounder.................... 250 lb (113.4 kg) per trip.
SNE/MA Winter Flounder................. 2,000 lb (907.2 kg) per DAS, up
to 4,000 lb (1,814.4 kg) per
trip.
Redfish................................ Unlimited.
White hake............................. 1,500 lb (680.4 kg) per trip.
Pollock................................ Unlimited.
Atlantic Halibut....................... 1 fish per trip.
Windowpane Flounder.................... Possession Prohibited.
Ocean Pout
Atlantic Wolffish.
------------------------------------------------------------------------
Note: Minimum fish sizes apply for many groundfish species, but are not
included in this rule. Please see 50 CFR 648.83 for applicable minimum
fish sizes.
Table 2--2021 Fishing Year Cod Trip Limits for Handgear A, Handgear B,
and Small Vessel Category Permits
------------------------------------------------------------------------
Permit Initial 2021 trip limit
------------------------------------------------------------------------
Handgear A GOM Cod..................... 100 lb (45.4 kg) per trip.
Handgear A GB Cod...................... 300 lb (136.1 kg) per trip.
Handgear B GOM Cod..................... 25 lb (11 kg) per trip.
Handgear B GB Cod...................... 25 lb (11 kg) per trip.
Small Vessel Category.................. 300 lb (136.1 kg) of cod,
haddock, and yellowtail
flounder combined;
additionally, vessels are
limited to the common pool DAS
limit for all stocks.
------------------------------------------------------------------------
Table 3 includes the initial common pool trimester total allowable
catches (TAC) for fishing year 2021. These trimester TACs are based on
preliminary sector rosters. However, individual permit holders have
until the end of the 2020 fishing year (April 30, 2021) to drop out of
a sector and fish in the common pool fishery for the 2021
[[Page 21963]]
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 2021 fishing year to reflect the final sector rosters
as of May 1, 2021. We are working to publish a proposed rule to request
comment on updated 2021 specifications as recommended by the New
England Fishery Management Council in Framework Adjustment 61. 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 2021
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
Trimester total allowable catches
Stock -----------------------------------------------
Trimester 1 Trimester 2 Trimester 3
----------------------------------------------------------------------------------------------------------------
GB Cod.......................................................... 8.8 10.7 11.9
GOM Cod......................................................... 4.3 2.9 1.6
GB Haddock...................................................... 385.5 471.2 571.1
GOM Haddock..................................................... 69.8 67.2 121.5
GB Yellowtail Flounder.......................................... 0.6 1.0 1.7
SNE/MA Yellowtail Flounder...................................... 0.6 0.8 1.5
CC/GOM Yellowtail Flounder...................................... 18.0 8.2 5.4
American Plaice................................................. 52.6 5.7 12.8
Witch Flounder.................................................. 19.5 7.1 8.9
GB Winter Flounder.............................................. 1.7 5.0 14.2
GOM Winter Flounder............................................. 1.9 1.9 1.3
Redfish......................................................... 12.8 15.8 22.4
White Hake...................................................... 9.3 7.6 7.6
Pollock......................................................... 53.2 66.5 70.3
----------------------------------------------------------------------------------------------------------------
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 2021. As a result, this SAP is
only open to target haddock, from August 1, 2021, through January 31,
2022. 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 2021 GB yellowtail flounder
groundfish sub-ACL implemented by Framework Adjustment 59 of 209,439 lb
(95,000 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 2021 GB yellowtail flounder allocation.
We are working to publish a proposed rule to request comments on
Framework 61 measures. If approved, Framework 61 would implement a 2021
GB yellowtail flounder sub-ACL that is reduced compared to the
Framework 59 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 61 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 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 59 implemented Common Pool Incidental Catch
TACs for the Regular B DAS Program for the 2021 fishing year (Table 4).
These TACs are further divided into Quarterly Incidental Catch TACs to
be monitored and managed during each calendar quarter.
Table 4--Fishing Year Total and Quarterly Incidental Catch TACs for the Regular B DAS Program
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
Total Quarterly incidental catch TAC
incidental ---------------------------------------------------------------
Stock catch TAC
---------------- 1st quarter 2nd quarter 3rd quarter 4th quarter
2021 (13%) (29%) (29%) (29%)
----------------------------------------------------------------------------------------------------------------
GB Cod.......................... 0.32 0.04 0.09 0.09 0.09
[[Page 21964]]
GOM Cod......................... 0.09 0.01 0.03 0.03 0.03
GB Yellowtail Flounder.......... 0.03 0.00 0.01 0.01 0.01
CC/GOM Yellowtail Flounder...... 0.32 0.04 0.09 0.09 0.09
American Plaice................. 3.56 0.46 1.03 1.03 1.03
Witch Flounder.................. 1.77 0.23 0.51 0.51 0.51
SNE/MA Winter Flounder.......... 0.00 0.00 0.00 0.00 0.00
----------------------------------------------------------------------------------------------------------------
Given that the Incidental Catch TACs allocated to the Regular B DAS
Program for several stocks are very small, in-season management of the
Regular B DAS Program is likely to be extremely difficult and
impractical. Implementation of an in-season action to close the Regular
B DAS Program once a Quarterly Incidental Catch TAC for a stock has
been reached would not be possible to complete quickly enough to
prevent further catch of that stock.
As a result, it is unlikely that we can effectively limit catch to
the Incidental Catch TACs during fishing year 2021, 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 2021 fishing year, through April 30, 2022.
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, 2021, for the
2021 fishing year. The possession and trip limits implemented through
this action help to ensure that the Northeast multispecies common pool
fishery may achieve the optimum yield for the relevant stocks, while
controlling catch to help prevent in-season closures or quota overages.
Delay of this action would leave the common pool fishery with the
possession and trip limits found in Sec. 648.86, which are too high to
control catch. This would likely lead to early closure of a trimester
and quota overages. Any overage of the quota for either of the first
two trimesters must be deducted from the Trimester 3 quota, which could
substantially disrupt the trimester structure and intent to distribute
the fishery across the entire fishing year. An overage reduction in
Trimester 3 would further reduce fishing opportunities for common pool
vessels and likely result in early closure of Trimester 3.
Additionally, any overage of the annual quota would be deducted from
common pool's quota for the next fishing year, to the detriment of this
stock.
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 in-season 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 occurs annually, and industry participants are accustomed to it
and expect its timely implementation. 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 2021.
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 21, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2021-08628 Filed 4-21-21; 4:15 pm]
BILLING CODE 3510-22-P
