Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Approval of 2023 and 2024 Sector Operations Plans and Allocation of 2023 Northeast Multispecies Annual Catch Entitlements, 15944-15951 [2023-05283]
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BILLING CODE P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 230309–0071; RTID 0648–
XC579]
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Approval of 2023 and 2024
Sector Operations Plans and
Allocation of 2023 Northeast
Multispecies Annual Catch
Entitlements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
We propose to approve sector
operations plans and contracts, grant
regulatory exemptions for fishing years
2023 and 2024, and propose Northeast
multispecies allocations of annual catch
entitlements to approved groundfish
sectors for fishing year 2023. Approval
of sector operations plans and contracts
is necessary for sectors to operate and
receive allocations of annual catch
entitlements. This action is intended to
allow limited access permit holders to
continue to operate or form sectors, as
authorized under the Northeast
Multispecies Fishery Management Plan,
and to exempt sectors from certain effort
control regulations to improve the
efficiency and economics of sector
vessels.
SUMMARY:
Comments must be received on
or before March 30, 2023.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2023–0009 by the following
methods:
DATES:
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• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov and enter NOAA–
NMFS–2023–0009 in the Search box.
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Copies of each sector’s operations
plan and contract from fishing years
2021–2022; the Sector Operations Plan
Guide for Fishing Years 2023–2024,
which includes NMFS recommended
changes for final sector operations plans
for fishing years 2023–2024, as well as
the programmatic environmental
assessment for sectors operations in
fishing years 2015 to 2020; and other
supporting documents are available
from the NMFS Greater Atlantic
Regional Fisheries Office (GARFO):
Contact Samantha Tolken at
Samantha.Tolken@noaa.gov. These
documents are also accessible via the
Federal eRulemaking Portal: https://
www.regulations.gov.
To review Federal Register
documents referenced in this rule, you
can visit: https://www.fisheries.
noaa.gov/management-plan/northeastmultispecies-management-plan.
FOR FURTHER INFORMATION CONTACT:
Samantha Tolken, Fishery Management
Specialist, (978) 675–2176.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Multispecies Fishery
Management Plan (FMP) defines a
sector as ‘‘a group of persons holding
limited access Northeast multispecies
permits who have voluntarily entered
into a contract and agree to certain
fishing restrictions for a specified period
of time, and which has been granted a
TAC(s) [sic] in order to achieve
objectives consistent with applicable
FMP goals and objectives.’’ A sector
must be comprised of at least three
Northeast multispecies permits issued
to at least three different persons, none
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of whom have any common ownership
interest in the permits, vessels, or
businesses associated with the permits
issued to the other two or more persons
in that sector. As long as at least three
persons issued a Northeast multispecies
permit meet these requirements, permit
owners may have common ownership
interests in other permits, vessels, or
businesses associated with such
permits. Sectors are self-selecting,
meaning participation is voluntary, and
each sector can choose its members.
The Northeast multispecies sector
management system annually allocates a
portion of the Northeast multispecies
stocks to each approved sector. These
annual sector allocations are known as
annual catch entitlements (ACE) and are
based on the collective fishing history of
a sector’s members. Sectors may receive
allocations of large-mesh Northeast
multispecies stocks with the exception
of Atlantic halibut, windowpane
flounder, Atlantic wolffish, and ocean
pout, which are non-allocated species
managed under separate effort controls.
ACEs are portions of a stock’s annual
catch limit (ACL) available to
commercial Northeast multispecies
vessels. A sector determines how to
harvest its ACE.
Because sectors elect to receive an
allocation under a quota-based system,
the FMP grants sector vessels several
universal exemptions from the FMP’s
effort controls. These universal
exemptions apply to: Trip limits on
allocated stocks; portions of the Gulf of
Maine (GOM) Cod Protection Closures;
Northeast multispecies days-at-sea
(DAS) restrictions; the requirement to
use a 6.5-inch (16.5-cm) mesh codend
when fishing with selective gear on
Georges Bank (GB); and the minimum
codend mesh size restrictions for trawl
gear when fishing in compliance with
the provisions of the Redfish Exemption
Program. The FMP allows the Council to
add universal exemptions using the
framework adjustment procedure.
Sectors may request additional
exemptions annually as part of their
sector operations plans to increase
flexibility and fishing opportunities.
Sectors are prohibited from requesting
exemptions from permitting restrictions,
gear restrictions designed to minimize
habitat impacts, and most reporting
requirements.
In addition to the sectors, there are
several state-operated permit banks that
each receive an allocation based on the
fishing history of permits they hold. The
final rule implementing Amendment 17
to the FMP (77 FR 16942; March 23,
2012) allowed a state-operated permit
bank to receive an allocation without
needing to comply with sector
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administrative and procedural
requirements. Instead, permit banks are
required to submit a list of permits to
NMFS, as specified in the permit bank’s
Memorandum of Agreement between
NMFS and the state. These permits are
not assigned to active vessels; instead,
the allocations associated with the
permits may be leased to vessels
enrolled in sectors. State-operated
permit banks contribute to the total
allocation under the sector system.
We previously approved 16 sectors to
operate in fishing years 2021 and 2022,
and also approved 18 requested
exemptions for sectors (87 FR 24875;
April 27, 2022). Copies of the operations
plans and contracts from fishing years
2021–2022, the Sector Operations Plan
Guide for Fishing Years 2023–2024,
which includes NMFS recommended
changes for final sector operations plans
for fishing years 2023–2024, the
environmental assessment (EA), and
other supporting documents are
available at: https://www.fisheries.
noaa.gov/species/northeast-multispecies
and from NMFS (see ADDRESSES). This
action proposes to approve sector
operations plans and contracts, and
grant regulatory exemptions for fishing
years 2023 and 2024. This action also
proposes 2023 allocations to the
proposed approved sectors based on the
specifications proposed by the New
England Fishery Management Council
in Framework Adjustment 65 to the
FMP. NMFS will consider Framework
Adjustment 65 in a separate rulemaking.
Operations Plan Submissions and
Changes
Annually, we solicit operations plan
submissions for consideration for
approval. Twenty-two groundfish
sectors are approved to receive catch
allocations, 16 of which submitted
operations plans and were approved to
operate, received allocations, and were
active in fishing year 2022. Two
approved sectors did not submit
operations plans in fishing year 2022.
Additionally, four states are approved to
operate permit banks and two, New
Hampshire and Maine, did so in fishing
year 2022. We received 16 sector
operations plans for approval for fishing
years 2023 and 2024, all of which were
approved in previous fishing years. We
did not receive any new operations
plans for approval for fishing year 2023.
As a result, we are not proposing to
approve any additional sectors to
operate in fishing year 2023 beyond
those previously approved.
Although no new operations plans
were submitted, we did receive several
requests to modify existing sector
operations plans that we propose to
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approve. Sectors may request changes to
operations plans as needed to
implement changes to their operations.
Several sectors have requested changes
related to at-sea monitoring (ASM) and
electronic monitoring (EM), including
adding revised NMFS-recommended
language for the ASM, audit model EM,
and maximized retention EM programs
to their existing operations plans.
Several sectors have requested changes
to the list of previously-approved sector
exemptions by removing their sectorspecific Redfish exemption, which is
now an approved universal sector
exemption under Framework
Adjustment 61 to the Northeast
Multispecies FMP. We propose to
approve these changes to existing sector
operations plans for fishing years 2023
and 2024. We are publishing the fishing
year 2021–2022 operations plans for
review with this action, because final
operations plans for fishing year 2023–
2024 have not yet been submitted. The
sectors’ initial operations plans for
fishing year 2023- 2024 request updates
to NMFS-recommended language and
minor administrative modifications.
Due to the timing of sector operations
plans submissions, they do not contain
NMFS-recommended language for
changes implemented in Northeast
Multispecies FMP Amendment 23,
however, these changes are expected to
be made prior to any approval in a final
rule. We are making the Sector
Operations Plan Guide for Fishing Years
2023–2024 (2023–2024 Guide) available
to the public as a supplemental
document for review with this action.
The 2023–2024 Guide includes the
NMFS-recommended language for
inclusion in the final operations plans.
The changes in the recommended
language comport with Amendment 23
requirements. The initial fishing years
2023–2024 operations plans submitted
by sectors do not request substantial
changes from fishing years 2021–2022
final operations plans.
Sector Allocations for Fishing Year
2023
This rule proposes 2023 ACE
allocations to all sectors based on their
2022 sector rosters and the Councilrecommended 2023 ACL for each stock
in Framework Adjustment 65 to the
Northeast Multispecies FMP.
Framework Adjustment 65 is subject to
Regional Administrator review and
public comment separate from this
rulemaking. If approved, NMFS expects
to implement Framework Adjustment
65 and the 2023 ACLs early in the 2023
fishing year. If Framework Adjustment
65 is not implemented by May 1, 2023,
we would allocate ACE based on default
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specifications and catch limits set by
Framework Adjustments 61 and 63.
Sectors have not yet submitted 2023
sector rosters. Therefore, the 2022 sector
rosters are the best available information
to provide industry with ACE allocation
estimates at this time. For fishing year
2023, the deadline for sectors to submit
preliminary sector rosters for fishing
year 2023 is three weeks after NMFS’s
announcement of the ASM coverage
target, which we expect to announce
sometime in March. Sectors may set a
more restrictive enrollment deadline for
their members. NMFS will use
preliminary 2023 roster submissions to
establish rosters and allocations in the
final rule for this action. Any changes in
sector rosters will be reflected in ACE
allocations in the final rule. Roster
changes may result in significant
changes in sector allocations, but we
note that significant changes have not
typically occurred from year to year.
Rosters published in the final rule may
still not reflect the final ACE allocation
for fishing year 2023 because all permits
enrolled in a sector, and the vessels
associated with those permits, have
until April 30, 2023, to withdraw from
a sector and fish in the common pool for
fishing year 2023. Any changes to sector
rosters after the final rule has published
are expected to be minor and are not
expected to lead to substantial changes
in allocations.
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We calculate the sector’s allocation
for each stock by summing its members’
potential sector contributions (PSC) for
a stock and then multiplying that total
percentage by the available commercial
sub-ACL for that stock. Table 1 shows
the preliminary projected total PSC for
each sector, by stock, for fishing year
2023. Tables 2 and 3 show estimates of
the preliminary allocations that each
sector will be allocated, in pounds and
metric tons, respectively, for fishing
year 2023, based on their fishing year
2022 rosters. We provide the final
allocations, to the nearest pound, to
each sector based on their final May 1
rosters. We use these final allocations,
along with later adjustments including
ACE transfers, reductions for overages,
or increases for carryover, to monitor
sector catch. The common pool subACLs are also included in each of these
tables. The common pool sub-ACLs are
managed separately from sectors and do
not contribute to available ACE for
leasing or harvest by sector vessels.
We do not assign a permit separate
PSCs for the Eastern GB cod or Eastern
GB haddock; instead, we assign each
permit a PSC for the GB cod stock and
GB haddock stock. Each sector’s GB cod
and GB haddock allocations are then
divided into an Eastern ACE and a
Western ACE, based on each sector’s
percentage of the GB cod and GB
haddock ACLs. For example, if a sector
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is allocated 4 percent of the GB cod
ACL, the sector is allocated 4 percent of
the commercial Eastern U.S./Canada
Area GB cod total allowable catch (TAC)
as its Eastern GB cod. The Eastern GB
haddock allocations are determined in
the same way. These amounts are then
subtracted from the sector’s overall GB
cod and haddock allocations to
determine its Western GB cod and
haddock ACEs. A sector may only
harvest its Eastern GB cod and haddock
ACEs in the Eastern U.S./Canada Area.
A sector may also ‘‘convert,’’ or transfer,
its Eastern GB cod or haddock allocation
into Western GB allocation and fish that
converted ACE outside the Eastern GB
area.
We expect to finalize 2022 catch
information for sectors in summer 2023.
If there are fishing year 2022 overages,
we will allow sectors to trade fishing
year 2022 ACE for 2 weeks upon our
completion of year-end catch
accounting to reduce or eliminate any
fishing year 2022 overages. If necessary,
we will reduce any sector’s fishing year
2023 allocation to account for a
remaining overage in fishing year 2022.
Each year we notify the Council and
sector managers of this deadline and
announce this decision on our website
at: https://www.fisheries.noaa.gov/
species/northeast-multispecies.
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Exemptions Previously Granted for
Fishing Years 2021 and 2022
Previously Granted Exemptions for
Fishing Years 2021 and 2022 (1–18)
We propose to grant exemptions from
the following requirements for fishing
years 2023 and 2024, all of which have
been requested and granted in previous
years: (1) 120-day block out of the
fishery required for Day gillnet vessels;
(2) 20-day spawning block out of the
fishery required for all vessels; (3) limits
on the number of gillnets for Day gillnet
vessels outside the GOM; (4) prohibition
on a vessel hauling another vessel’s
gillnet gear; (5) limits on the number of
gillnets that may be hauled on GB when
fishing under a Northeast multispecies/
monkfish DAS; (6) limits on the number
of hooks that may be fished; (7) DAS
Leasing Program length and horsepower
restrictions; (8) prohibition on
discarding; (9) gear requirements in the
Eastern U.S./Canada Management Area;
(10) prohibition on a vessel hauling
another vessel’s hook gear; (11) the
requirement to declare an intent to fish
in the Eastern U.S./Canada Special
Access Program (SAP) and the Closed
Area (CA) II Yellowtail Flounder/
Haddock SAP prior to leaving the dock;
(12) seasonal restrictions for the Eastern
U.S./Canada Haddock SAP; (13)
seasonal restrictions for the CA II
Yellowtail Flounder/Haddock SAP; (14)
sampling exemption; (15) prohibition on
combining small-mesh exempted fishery
and sector trips in southern New
England (SNE); (16) extra-large mesh
requirement to target dogfish on trips
excluded from at-sea monitoring (ASM)
in SNE and Inshore GB; (17)
requirement that Handgear A vessels
carry a Vessel Monitoring System (VMS)
unit when fishing in a single broad
stock area; and (18) limits on the
number of gillnets for Day gillnet
vessels in the GOM. We also approved
an exemption from the 6.5-inch (16.5cm) minimum mesh size requirement
for trawl nets to allow a 5.5-inch (14.0cm) codend on directed redfish trips,
however, that exemption was
eliminated in 2021 when we approved
a new universal sector exemption for
redfish as part of Framework
Adjustment 61 (86 FR 40353; July 28,
2021). A detailed description of the
previously granted exemptions and
supporting rationale can be found in the
applicable final rules identified in Table
4 below.
TABLE 4—EXEMPTIONS PREVIOUSLY GRANTED FOR FISHING YEARS 2021 AND 2022
Exemptions
Rulemaking
Date of publication
1–2, 4–9 ...............................
10–11 ...................................
12–14 ...................................
Fishing Year 2011 Sector Operations Final Rule .........
Fishing Year 2012 Sector Operations Final Rule .........
Fishing Year 2013 Sector Operations Interim Final
Rule.
Fishing Years 2015–2016 Sector Operations Final
Rule.
Framework 55 Final Rule ..............................................
Amendment 18 Final Rule ............................................
Fishing Year 2018 Sector Operations Final Rule .........
April 25, 2011 ....................
May 2, 2012 ......................
May 2, 2013 ......................
76 FR 23076.
77 FR 26129.
78 FR 25591.
May 1, 2015 ......................
80 FR 25143.
May 2, 2016 ......................
April 21, 2017 ....................
May 1, 2018 ......................
81 FR 26412.
82 FR 18706.
83 FR 18965.
3, 15 .....................................
16 .........................................
17 .........................................
18 .........................................
Citation
Northeast Multispecies Federal Register documents can be found at https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/.
Exemption Requests in Fishing Year
2023
For fishing year 2023, sectors did not
request any novel exemptions.
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Classification
NMFS is issuing this rule pursuant to
section 305(d) of the Magnuson-Stevens
Act. Consistent with MSA section
305(d), this action is necessary to carry
out the Northeast Multispecies FMP in
accordance with the FMP’s
implementing regulations. These
regulations require NMFS approval of
operations plans for sectors to receive
their ACE for specific groundfish stocks.
The NMFS Assistant Administrator has
determined that this proposed rule is
consistent with the Northeast
Multispecies FMP, other provisions of
the Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
This proposed action is exempt from
review under Executive Order 12866
because it contains no implementing
regulations.
This proposed rule contains no
information collection requirements
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under the Paperwork Reduction Act of
1995.
NMFS finds that a 15-day comment
period provides a reasonable
opportunity for public participation in
this action pursuant to Administrative
Procedure Act section 553(c) (5 U.S.C.
553(c)), while also ensuring that the
final rule is in place for the start of the
groundfish fishing year on May 1, 2023.
Because sectors would not be approved
to operate or receive allocations in this
fishery until this final rule is in place,
stakeholder and industry groups expect
this rule to be implemented prior to
May. This is an annual allocation
process established under the FMP, and,
as such, it does not raise novel concerns
for stakeholders. A prolonged comment
period and subsequent potential delay
in implementation past the start of the
2023 fishing year would be both
unnecessary and contrary to the public
interest.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
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The proposed rule would approve
sector operations plans for fishing years
2023 and 2024 and allocate ACE to the
proposed approved sectors for fishing
year 2023 (May 1, 2023, through April
30, 2024). Approved sectors are exempt
from certain common pool effort control
regulations (such as trip limits and
days-at-sea), and instead fish under the
sector provisions of the Northeast
Multispecies FMP and their sector’s
harvest rules. As described below, this
action is expected to have positive
impacts on fishing vessels and permit
holders.
For Regulatory Flexibility Act
purposes only, NMFS established a
small business size standard for
businesses, including their affiliates,
whose primary industry is commercial
fishing (see 50 CFR 200.2). A business
primarily engaged in commercial fishing
(NAICS code 11411) is classified as a
small business if it is independently
owned and operated, is not dominant in
its field of operation (including its
affiliates), and has combined annual
receipts less than $11 million for all its
affiliated operations worldwide. The
determination of whether the entity is
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large or small is based on the average
annual revenue for the most recent three
years for which data are available (from
2019 through 2021).
To participate in the Northeast
Multispecies Sector Program, vessels
must possess a limited access
multispecies permit and operate as a
member of a sector. Therefore, entities
holding one or more limited access
multispecies permits are the entities
that have the potential to be directly
impacted by this action. Ownership data
collected from permit holders indicates
that there are 552 distinct business
entities that hold at least one permit
impacted by the proposed action. Of
these, 544 are categorized as small
entities and 8 are categorized as large
entities, per NMFS guidelines.
This rule proposes to approve sector
operations plans and contracts and grant
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regulatory exemptions for fishing years
2023 and 2024. This rule also proposes
allocations of ACE to approved sectors
for fishing year 2023 consistent with the
FMP. The approval of sector operations
plans for fishing years 2023 and 2024
and allocation of fishing year 2023 ACE
to sectors will have a positive impact on
all 552 entities (including the 544 small
entities), as it will provide additional
flexibility afforded by participating in
the sector program, rather than fishing
under the common pool effort control
regulations. Sectors are not required to
fish in accordance with requirements in
the common pool effort control
regulations, such as limits on days-atsea, trip limits, gear restrictions, and
closures intended to control overall
fishing mortality, all of which also
would be subject to in-season
modifications and fishery closures
PO 00000
Frm 00013
Fmt 4702
Sfmt 9990
15951
based on industry-wide landings. This
additional flexibility is expected to
improve the efficiency and economic
opportunities of vessels in the sector
program.
For the reasons stated above, this
proposed rule would not have a
significant economic impact on a
substantial number of small entities. As
a result, an initial regulatory flexibility
analysis is not required and none has
been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 10, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023–05283 Filed 3–14–23; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\15MRP1.SGM
15MRP1
Agencies
[Federal Register Volume 88, Number 50 (Wednesday, March 15, 2023)]
[Proposed Rules]
[Pages 15944-15951]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05283]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230309-0071; RTID 0648-XC579]
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; Approval of 2023 and
2024 Sector Operations Plans and Allocation of 2023 Northeast
Multispecies Annual Catch Entitlements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: We propose to approve sector operations plans and contracts,
grant regulatory exemptions for fishing years 2023 and 2024, and
propose Northeast multispecies allocations of annual catch entitlements
to approved groundfish sectors for fishing year 2023. Approval of
sector operations plans and contracts is necessary for sectors to
operate and receive allocations of annual catch entitlements. This
action is intended to allow limited access permit holders to continue
to operate or form sectors, as authorized under the Northeast
Multispecies Fishery Management Plan, and to exempt sectors from
certain effort control regulations to improve the efficiency and
economics of sector vessels.
DATES: Comments must be received on or before March 30, 2023.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2023-0009 by the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov
and enter NOAA-NMFS-2023-0009 in the Search box. Click on the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of each sector's operations plan and contract from fishing
years 2021-2022; the Sector Operations Plan Guide for Fishing Years
2023-2024, which includes NMFS recommended changes for final sector
operations plans for fishing years 2023-2024, as well as the
programmatic environmental assessment for sectors operations in fishing
years 2015 to 2020; and other supporting documents are available from
the NMFS Greater Atlantic Regional Fisheries Office (GARFO): Contact
Samantha Tolken at [email protected]. These documents are also
accessible via the Federal eRulemaking Portal: https://www.regulations.gov.
To review Federal Register documents referenced in this rule, you
can visit: https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan.
FOR FURTHER INFORMATION CONTACT: Samantha Tolken, Fishery Management
Specialist, (978) 675-2176.
SUPPLEMENTARY INFORMATION:
Background
The Northeast Multispecies Fishery Management Plan (FMP) defines a
sector as ``a group of persons holding limited access Northeast
multispecies permits who have voluntarily entered into a contract and
agree to certain fishing restrictions for a specified period of time,
and which has been granted a TAC(s) [sic] in order to achieve
objectives consistent with applicable FMP goals and objectives.'' A
sector must be comprised of at least three Northeast multispecies
permits issued to at least three different persons, none
[[Page 15945]]
of whom have any common ownership interest in the permits, vessels, or
businesses associated with the permits issued to the other two or more
persons in that sector. As long as at least three persons issued a
Northeast multispecies permit meet these requirements, permit owners
may have common ownership interests in other permits, vessels, or
businesses associated with such permits. Sectors are self-selecting,
meaning participation is voluntary, and each sector can choose its
members.
The Northeast multispecies sector management system annually
allocates a portion of the Northeast multispecies stocks to each
approved sector. These annual sector allocations are known as annual
catch entitlements (ACE) and are based on the collective fishing
history of a sector's members. Sectors may receive allocations of
large-mesh Northeast multispecies stocks with the exception of Atlantic
halibut, windowpane flounder, Atlantic wolffish, and ocean pout, which
are non-allocated species managed under separate effort controls. ACEs
are portions of a stock's annual catch limit (ACL) available to
commercial Northeast multispecies vessels. A sector determines how to
harvest its ACE.
Because sectors elect to receive an allocation under a quota-based
system, the FMP grants sector vessels several universal exemptions from
the FMP's effort controls. These universal exemptions apply to: Trip
limits on allocated stocks; portions of the Gulf of Maine (GOM) Cod
Protection Closures; Northeast multispecies days-at-sea (DAS)
restrictions; the requirement to use a 6.5-inch (16.5-cm) mesh codend
when fishing with selective gear on Georges Bank (GB); and the minimum
codend mesh size restrictions for trawl gear when fishing in compliance
with the provisions of the Redfish Exemption Program. The FMP allows
the Council to add universal exemptions using the framework adjustment
procedure. Sectors may request additional exemptions annually as part
of their sector operations plans to increase flexibility and fishing
opportunities. Sectors are prohibited from requesting exemptions from
permitting restrictions, gear restrictions designed to minimize habitat
impacts, and most reporting requirements.
In addition to the sectors, there are several state-operated permit
banks that each receive an allocation based on the fishing history of
permits they hold. The final rule implementing Amendment 17 to the FMP
(77 FR 16942; March 23, 2012) allowed a state-operated permit bank to
receive an allocation without needing to comply with sector
administrative and procedural requirements. Instead, permit banks are
required to submit a list of permits to NMFS, as specified in the
permit bank's Memorandum of Agreement between NMFS and the state. These
permits are not assigned to active vessels; instead, the allocations
associated with the permits may be leased to vessels enrolled in
sectors. State-operated permit banks contribute to the total allocation
under the sector system.
We previously approved 16 sectors to operate in fishing years 2021
and 2022, and also approved 18 requested exemptions for sectors (87 FR
24875; April 27, 2022). Copies of the operations plans and contracts
from fishing years 2021-2022, the Sector Operations Plan Guide for
Fishing Years 2023-2024, which includes NMFS recommended changes for
final sector operations plans for fishing years 2023-2024, the
environmental assessment (EA), and other supporting documents are
available at: https://www.fisheries.noaa.gov/species/northeast-multispecies and from NMFS (see ADDRESSES). This action proposes to
approve sector operations plans and contracts, and grant regulatory
exemptions for fishing years 2023 and 2024. This action also proposes
2023 allocations to the proposed approved sectors based on the
specifications proposed by the New England Fishery Management Council
in Framework Adjustment 65 to the FMP. NMFS will consider Framework
Adjustment 65 in a separate rulemaking.
Operations Plan Submissions and Changes
Annually, we solicit operations plan submissions for consideration
for approval. Twenty-two groundfish sectors are approved to receive
catch allocations, 16 of which submitted operations plans and were
approved to operate, received allocations, and were active in fishing
year 2022. Two approved sectors did not submit operations plans in
fishing year 2022. Additionally, four states are approved to operate
permit banks and two, New Hampshire and Maine, did so in fishing year
2022. We received 16 sector operations plans for approval for fishing
years 2023 and 2024, all of which were approved in previous fishing
years. We did not receive any new operations plans for approval for
fishing year 2023. As a result, we are not proposing to approve any
additional sectors to operate in fishing year 2023 beyond those
previously approved.
Although no new operations plans were submitted, we did receive
several requests to modify existing sector operations plans that we
propose to approve. Sectors may request changes to operations plans as
needed to implement changes to their operations. Several sectors have
requested changes related to at-sea monitoring (ASM) and electronic
monitoring (EM), including adding revised NMFS-recommended language for
the ASM, audit model EM, and maximized retention EM programs to their
existing operations plans. Several sectors have requested changes to
the list of previously-approved sector exemptions by removing their
sector-specific Redfish exemption, which is now an approved universal
sector exemption under Framework Adjustment 61 to the Northeast
Multispecies FMP. We propose to approve these changes to existing
sector operations plans for fishing years 2023 and 2024. We are
publishing the fishing year 2021-2022 operations plans for review with
this action, because final operations plans for fishing year 2023-2024
have not yet been submitted. The sectors' initial operations plans for
fishing year 2023- 2024 request updates to NMFS-recommended language
and minor administrative modifications. Due to the timing of sector
operations plans submissions, they do not contain NMFS-recommended
language for changes implemented in Northeast Multispecies FMP
Amendment 23, however, these changes are expected to be made prior to
any approval in a final rule. We are making the Sector Operations Plan
Guide for Fishing Years 2023-2024 (2023-2024 Guide) available to the
public as a supplemental document for review with this action. The
2023-2024 Guide includes the NMFS-recommended language for inclusion in
the final operations plans. The changes in the recommended language
comport with Amendment 23 requirements. The initial fishing years 2023-
2024 operations plans submitted by sectors do not request substantial
changes from fishing years 2021-2022 final operations plans.
Sector Allocations for Fishing Year 2023
This rule proposes 2023 ACE allocations to all sectors based on
their 2022 sector rosters and the Council-recommended 2023 ACL for each
stock in Framework Adjustment 65 to the Northeast Multispecies FMP.
Framework Adjustment 65 is subject to Regional Administrator review and
public comment separate from this rulemaking. If approved, NMFS expects
to implement Framework Adjustment 65 and the 2023 ACLs early in the
2023 fishing year. If Framework Adjustment 65 is not implemented by May
1, 2023, we would allocate ACE based on default
[[Page 15946]]
specifications and catch limits set by Framework Adjustments 61 and 63.
Sectors have not yet submitted 2023 sector rosters. Therefore, the
2022 sector rosters are the best available information to provide
industry with ACE allocation estimates at this time. For fishing year
2023, the deadline for sectors to submit preliminary sector rosters for
fishing year 2023 is three weeks after NMFS's announcement of the ASM
coverage target, which we expect to announce sometime in March. Sectors
may set a more restrictive enrollment deadline for their members. NMFS
will use preliminary 2023 roster submissions to establish rosters and
allocations in the final rule for this action. Any changes in sector
rosters will be reflected in ACE allocations in the final rule. Roster
changes may result in significant changes in sector allocations, but we
note that significant changes have not typically occurred from year to
year. Rosters published in the final rule may still not reflect the
final ACE allocation for fishing year 2023 because all permits enrolled
in a sector, and the vessels associated with those permits, have until
April 30, 2023, to withdraw from a sector and fish in the common pool
for fishing year 2023. Any changes to sector rosters after the final
rule has published are expected to be minor and are not expected to
lead to substantial changes in allocations.
We calculate the sector's allocation for each stock by summing its
members' potential sector contributions (PSC) for a stock and then
multiplying that total percentage by the available commercial sub-ACL
for that stock. Table 1 shows the preliminary projected total PSC for
each sector, by stock, for fishing year 2023. Tables 2 and 3 show
estimates of the preliminary allocations that each sector will be
allocated, in pounds and metric tons, respectively, for fishing year
2023, based on their fishing year 2022 rosters. We provide the final
allocations, to the nearest pound, to each sector based on their final
May 1 rosters. We use these final allocations, along with later
adjustments including ACE transfers, reductions for overages, or
increases for carryover, to monitor sector catch. The common pool sub-
ACLs are also included in each of these tables. The common pool sub-
ACLs are managed separately from sectors and do not contribute to
available ACE for leasing or harvest by sector vessels.
We do not assign a permit separate PSCs for the Eastern GB cod or
Eastern GB haddock; instead, we assign each permit a PSC for the GB cod
stock and GB haddock stock. Each sector's GB cod and GB haddock
allocations are then divided into an Eastern ACE and a Western ACE,
based on each sector's percentage of the GB cod and GB haddock ACLs.
For example, if a sector is allocated 4 percent of the GB cod ACL, the
sector is allocated 4 percent of the commercial Eastern U.S./Canada
Area GB cod total allowable catch (TAC) as its Eastern GB cod. The
Eastern GB haddock allocations are determined in the same way. These
amounts are then subtracted from the sector's overall GB cod and
haddock allocations to determine its Western GB cod and haddock ACEs. A
sector may only harvest its Eastern GB cod and haddock ACEs in the
Eastern U.S./Canada Area. A sector may also ``convert,'' or transfer,
its Eastern GB cod or haddock allocation into Western GB allocation and
fish that converted ACE outside the Eastern GB area.
We expect to finalize 2022 catch information for sectors in summer
2023. If there are fishing year 2022 overages, we will allow sectors to
trade fishing year 2022 ACE for 2 weeks upon our completion of year-end
catch accounting to reduce or eliminate any fishing year 2022 overages.
If necessary, we will reduce any sector's fishing year 2023 allocation
to account for a remaining overage in fishing year 2022. Each year we
notify the Council and sector managers of this deadline and announce
this decision on our website at: https://www.fisheries.noaa.gov/species/northeast-multispecies.
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[[Page 15950]]
Exemptions Previously Granted for Fishing Years 2021 and 2022
Previously Granted Exemptions for Fishing Years 2021 and 2022 (1-18)
We propose to grant exemptions from the following requirements for
fishing years 2023 and 2024, all of which have been requested and
granted in previous years: (1) 120-day block out of the fishery
required for Day gillnet vessels; (2) 20-day spawning block out of the
fishery required for all vessels; (3) limits on the number of gillnets
for Day gillnet vessels outside the GOM; (4) prohibition on a vessel
hauling another vessel's gillnet gear; (5) limits on the number of
gillnets that may be hauled on GB when fishing under a Northeast
multispecies/monkfish DAS; (6) limits on the number of hooks that may
be fished; (7) DAS Leasing Program length and horsepower restrictions;
(8) prohibition on discarding; (9) gear requirements in the Eastern
U.S./Canada Management Area; (10) prohibition on a vessel hauling
another vessel's hook gear; (11) the requirement to declare an intent
to fish in the Eastern U.S./Canada Special Access Program (SAP) and the
Closed Area (CA) II Yellowtail Flounder/Haddock SAP prior to leaving
the dock; (12) seasonal restrictions for the Eastern U.S./Canada
Haddock SAP; (13) seasonal restrictions for the CA II Yellowtail
Flounder/Haddock SAP; (14) sampling exemption; (15) prohibition on
combining small-mesh exempted fishery and sector trips in southern New
England (SNE); (16) extra-large mesh requirement to target dogfish on
trips excluded from at-sea monitoring (ASM) in SNE and Inshore GB; (17)
requirement that Handgear A vessels carry a Vessel Monitoring System
(VMS) unit when fishing in a single broad stock area; and (18) limits
on the number of gillnets for Day gillnet vessels in the GOM. We also
approved an exemption from the 6.5-inch (16.5-cm) minimum mesh size
requirement for trawl nets to allow a 5.5-inch (14.0-cm) codend on
directed redfish trips, however, that exemption was eliminated in 2021
when we approved a new universal sector exemption for redfish as part
of Framework Adjustment 61 (86 FR 40353; July 28, 2021). A detailed
description of the previously granted exemptions and supporting
rationale can be found in the applicable final rules identified in
Table 4 below.
Table 4--Exemptions Previously Granted for Fishing Years 2021 and 2022
----------------------------------------------------------------------------------------------------------------
Exemptions Rulemaking Date of publication Citation
----------------------------------------------------------------------------------------------------------------
1-2, 4-9........................... Fishing Year 2011 Sector April 25, 2011........ 76 FR 23076.
Operations Final Rule.
10-11.............................. Fishing Year 2012 Sector May 2, 2012........... 77 FR 26129.
Operations Final Rule.
12-14.............................. Fishing Year 2013 Sector May 2, 2013........... 78 FR 25591.
Operations Interim Final
Rule.
3, 15.............................. Fishing Years 2015-2016 May 1, 2015........... 80 FR 25143.
Sector Operations Final
Rule.
16................................. Framework 55 Final Rule.... May 2, 2016........... 81 FR 26412.
17................................. Amendment 18 Final Rule.... April 21, 2017........ 82 FR 18706.
18................................. Fishing Year 2018 Sector May 1, 2018........... 83 FR 18965.
Operations Final Rule.
----------------------------------------------------------------------------------------------------------------
Northeast Multispecies Federal Register documents can be found at https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/ sustainable/species/multispecies/.
Exemption Requests in Fishing Year 2023
For fishing year 2023, sectors did not request any novel
exemptions.
Classification
NMFS is issuing this rule pursuant to section 305(d) of the
Magnuson-Stevens Act. Consistent with MSA section 305(d), this action
is necessary to carry out the Northeast Multispecies FMP in accordance
with the FMP's implementing regulations. These regulations require NMFS
approval of operations plans for sectors to receive their ACE for
specific groundfish stocks. The NMFS Assistant Administrator has
determined that this proposed rule is consistent with the Northeast
Multispecies FMP, other provisions of the Magnuson-Stevens Act, and
other applicable law, subject to further consideration after public
comment.
This proposed action is exempt from review under Executive Order
12866 because it contains no implementing regulations.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
NMFS finds that a 15-day comment period provides a reasonable
opportunity for public participation in this action pursuant to
Administrative Procedure Act section 553(c) (5 U.S.C. 553(c)), while
also ensuring that the final rule is in place for the start of the
groundfish fishing year on May 1, 2023. Because sectors would not be
approved to operate or receive allocations in this fishery until this
final rule is in place, stakeholder and industry groups expect this
rule to be implemented prior to May. This is an annual allocation
process established under the FMP, and, as such, it does not raise
novel concerns for stakeholders. A prolonged comment period and
subsequent potential delay in implementation past the start of the 2023
fishing year would be both unnecessary and contrary to the public
interest.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The proposed rule would approve sector operations plans for fishing
years 2023 and 2024 and allocate ACE to the proposed approved sectors
for fishing year 2023 (May 1, 2023, through April 30, 2024). Approved
sectors are exempt from certain common pool effort control regulations
(such as trip limits and days-at-sea), and instead fish under the
sector provisions of the Northeast Multispecies FMP and their sector's
harvest rules. As described below, this action is expected to have
positive impacts on fishing vessels and permit holders.
For Regulatory Flexibility Act purposes only, NMFS established a
small business size standard for businesses, including their
affiliates, whose primary industry is commercial fishing (see 50 CFR
200.2). A business primarily engaged in commercial fishing (NAICS code
11411) is classified as a small business if it is independently owned
and operated, is not dominant in its field of operation (including its
affiliates), and has combined annual receipts less than $11 million for
all its affiliated operations worldwide. The determination of whether
the entity is
[[Page 15951]]
large or small is based on the average annual revenue for the most
recent three years for which data are available (from 2019 through
2021).
To participate in the Northeast Multispecies Sector Program,
vessels must possess a limited access multispecies permit and operate
as a member of a sector. Therefore, entities holding one or more
limited access multispecies permits are the entities that have the
potential to be directly impacted by this action. Ownership data
collected from permit holders indicates that there are 552 distinct
business entities that hold at least one permit impacted by the
proposed action. Of these, 544 are categorized as small entities and 8
are categorized as large entities, per NMFS guidelines.
This rule proposes to approve sector operations plans and contracts
and grant regulatory exemptions for fishing years 2023 and 2024. This
rule also proposes allocations of ACE to approved sectors for fishing
year 2023 consistent with the FMP. The approval of sector operations
plans for fishing years 2023 and 2024 and allocation of fishing year
2023 ACE to sectors will have a positive impact on all 552 entities
(including the 544 small entities), as it will provide additional
flexibility afforded by participating in the sector program, rather
than fishing under the common pool effort control regulations. Sectors
are not required to fish in accordance with requirements in the common
pool effort control regulations, such as limits on days-at-sea, trip
limits, gear restrictions, and closures intended to control overall
fishing mortality, all of which also would be subject to in-season
modifications and fishery closures based on industry-wide landings.
This additional flexibility is expected to improve the efficiency and
economic opportunities of vessels in the sector program.
For the reasons stated above, this proposed rule would not have a
significant economic impact on a substantial number of small entities.
As a result, an initial regulatory flexibility analysis is not required
and none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 10, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2023-05283 Filed 3-14-23; 8:45 am]
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