Magnuson-Stevens Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Allocation of 2024 Northeast Multispecies Annual Catch Entitlements, 23941-23949 [2024-07296]
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Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Rules and Regulations
areas under Federal jurisdiction those
species.
(c) For threatened species of plants
that have a species-specific rule in
§§ 17.73 through 17.78, the provisions
of paragraph (b) of this section and
§ 17.72 apply unless otherwise
specified, and the species-specific rule
will contain all the prohibitions and any
additional exceptions that apply to that
species.
18. Amend § 17.72 by revising the
introductory text to read as follows:
■
§ 17.72
Permits—general.
19. Amend § 17.73 by revising the
section heading to read as follows:
■
*
*
Species-specific rules—flowering
*
*
*
20. Amend § 17.74 by revising the
section heading to read as follows:
■
§ 17.74 Species-specific rules—conifers
and cycads.
*
*
*
*
*
Shannon Estenoz,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2024–06901 Filed 4–2–24; 8:45 am]
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National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 240401–0094; RTID 0648–
XD513]
Magnuson-Stevens Act Provisions;
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Allocation of 2024 Northeast
Multispecies Annual Catch
Entitlements
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
Upon receipt of a complete
application, the Director may issue a
permit authorizing any activity
otherwise prohibited with regard to
threatened plants. The permit shall be
governed by the provisions of this
section unless a species-specific rule
applicable to the plant and set forth in
§§ 17.73 through 17.78 provides
otherwise. A permit issued under this
section must be for one of the following:
scientific purposes, the enhancement of
the propagation or survival of
threatened species, economic hardship,
botanical or horticultural exhibition,
educational purposes, or other activities
consistent with the purposes and policy
of the Act. Such a permit may authorize
a single transaction, a series of
transactions, or a number of activities
over a specified period of time.
*
*
*
*
*
§ 17.73
plants.
DEPARTMENT OF COMMERCE
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This final rule allocates
Northeast multispecies annual catch
entitlements to approved groundfish
sectors and permit banks for fishing year
2024 based on 2024 annual catch limits
set in Framework Adjustment 65 to the
Northeast Multispecies Fishery
Management Plan or default
specifications. This action is intended to
allow limited access permit holders to
continue to operate sectors, as
authorized under the Northeast
Multispecies Fishery Management Plan.
DATES: Northeast multispecies annual
catch entitlements for sectors are
effective May 1, 2024, through April 30,
2025. Default catch limits are effective
May 1, 2024, through October 31, 2024,
or until the final rule for Framework
Adjustment (Framework) 66 is
implemented, if that final rule is
implemented prior to October 31, 2024.
If Framework 66 is not implemented on
or before October 31, 2024, sectors
would be prohibited from fishing in the
stock areas of stocks with expired
default specifications beginning
November 1, 2024.
ADDRESSES: Copies of each sector’s
operations plan and contracts from
fishing years 2023–2024; the Sector
Operations Plan, Contract, and
Environmental Assessment
Requirements guidance document for
fishing years 2023–2024, as well as the
programmatic environmental
assessment for sector operations in
fishing years 2015 to 2020 and a
supplemental information report
analyzing sector operations for fishing
years 2023 and 2024; and other
supporting documents are available
from the NMFS Greater Atlantic
Regional Fisheries Office (GARFO).
Copies of supporting documents are
available from: Claire Fitz-Gerald at
Claire.Fitz-Gerald@noaa.gov. These
SUMMARY:
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23941
documents are also accessible via the
GARFO website. These documents and
the Federal Register documents
referenced in this rule are also
accessible via the internet at: https://
www.fisheries.noaa.gov/managementplan/northeast-multispeciesmanagement-plan.
FOR FURTHER INFORMATION CONTACT:
Claire Fitz-Gerald, Fishery Policy
Analyst, (978) 281–9255.
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
[total allowable catch] TAC(s) [sic] in
order to achieve objectives consistent
with applicable FMP goals and
objectives.’’ (50 CFR 648.2 ‘‘Sector’’) A
sector must be comprised of at least
three Northeast multispecies permits
issued to at least three different persons,
none 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 includes an annual
allocation of available catch for 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
the permits held by a sector’s members.
Sectors may receive allocations of largemesh Northeast multispecies stocks
with the exception of Atlantic halibut,
windowpane flounder, Atlantic
wolffish, and ocean pout, which are
non-allocated species managed under
separate effort controls. ACEs are
portions of a stock’s annual catch limit
(ACL) available to commercial Northeast
multispecies vessels. A sector
determines how to harvest its ACE.
Because sectors elect to receive an
allocation under a quota-based system,
the FMP grants sector vessels several
universal exemptions from the FMP’s
effort controls. These universal
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Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Rules and Regulations
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-centimeter (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. The FMP prohibits
sectors from requesting exemptions
from permitting restrictions, gear
restrictions designed to minimize
habitat impacts, and most reporting
requirements.
In addition to the 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, to determine the
ACE allocated to the permit bank. These
allocations may be leased to fishermen
enrolled in sectors. State-operated
permit banks are no longer approved
through the sector approval process, but
current state-operated permit banks
contribute to the total allocation under
the sector system.
NMFS previously approved 15 sectors
to operate in fishing years 2023 and
2024, and also approved 18 requested
exemptions for sectors (88 FR 26502;
May 1, 2023). Copies of the operations
plans and contracts from fishing years
2023–2024, the Sector Operations Plan,
Contract, and the Environmental
Assessment Requirements guidance
document for fishing years 2023–2024,
the programmatic environmental
assessment (PEA), and other supporting
documents are available at: https://
www.fisheries.noaa.gov/species/
northeast-multispecies and from NMFS
(see ADDRESSES). NMFS previously
prepared a supplemental information
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report analyzing sector operations for
fishing years 2023 and 2024, which
determined that the potential impacts to
the fishery from the measures described
above fall within the scope of the PEA
developed in support of sector
operations for fishing years 2015
through 2020. This report is available at
https://www.fisheries.noaa.gov/newengland-mid-atlantic/commercialfishing/fishing-year-2023-sectors and
from NMFS (see ADDRESSES). This final
rule allocates 2024 ACE to the approved
sectors and permit banks based on
preliminary fishing year 2024 rosters
and the fishing year 2024 catch limits
set in Framework 65 (88 FR 56527;
August 18, 2023) to the FMP or default
specifications.
Operations Plan Submissions and
Changes
Annually, NMFS solicits operations
plan submissions for consideration and
approval. Prior to the 2023 fishing year,
NMFS received 15 sector operations
plans, all of which were approved for
fishing years 2023 and 2024 (88 FR
26502; May 1, 2023). These approved
sectors are not required to resubmit
operations plans for 2024. NMFS did
not receive any new operations plans for
approval for fishing year 2024. In
addition, sectors may request changes to
approved operations plans as needed to
implement changes to their operations.
NMFS did not receive any submissions
for substantive changes to approved
operations plans for fishing year 2024.
Catch Limits for Fishing Year 2024
Previously Established Catch Limits
Last year, Framework 65 (88 FR
56527; August 18, 2023) set catch limits
for 16 groundfish stocks: GB haddock,
GOM haddock, 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, pollock, ocean pout, Atlantic
halibut, and Atlantic wolffish for fishing
years 2023–2025; GB cod and GB
yellowtail flounder for fishing years
2023–2024; and white hake for fishing
year 2023. Framework 66 will set catch
limits for 8 groundfish stocks: Acadian
redfish, northern windowpane flounder,
and southern windowpane flounder for
fishing years 2024–2026; and GB cod,
GB haddock, GOM haddock, GB
yellowtail flounder, and white hake for
fishing years 2024–2025. However,
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Framework 66 may not be in place by
May 1, 2024, the start of the fishing
year. To prevent disruption to the
groundfish fishery while Framework 66
is finalized, this final rule announces
default catch limits that will be in effect
for Acadian redfish, northern
windowpane flounder, southern
windowpane flounder, and white hake
until October 31, 2024, or until
Framework 66 is finalized and goes into
effect.
As a result, the sector and common
pool allocations in this rule are based on
the 2024 catch limits set in Framework
65 or default catch limits that will be
effective on May 1, 2024, and
preliminary 2024 fishing year rosters
(table 1). If NMFS approves Framework
66, the 2024 catch limits for 8 (out of 20)
groundfish stocks announced in this
rule will be changed and published
when Framework 66 measures become
effective.
Default Catch Limits
This rule announces default fishing
year 2024 catch limits for Acadian
redfish, northern windowpane flounder,
southern windowpane flounder, and
white hake (table 1). These stocks do not
already have a catch limit in place for
fishing year 2024. The groundfish
regulations implement default catch
limits for any stock for which final
specifications are not in place by the
beginning of the fishing year on May 1.
The FMP’s default specifications
provision in the regulations at 50 CFR
648.90(a)(3) sets catch limits at 75
percent of the previous year’s (2023)
catch limits, except in instances where
the default catch limit would exceed the
Council’s recommendation for the final
specifications. The default catch limits
are effective from May 1 through
October 31, or until the final rule for
Framework 66 is implemented if that
final rule is implemented prior to
October 31. These default specifications
are set out in the regulations to
minimize impacts on the fishery that
would occur if no catch limits are
specified. If Framework 66 is not
implemented on or before October 31,
all fishing for these stocks would be
prohibited beginning November 1. The
prohibition would remain in effect for
the remainder of the fishing year, unless
and until the catch limits in Framework
66 are implemented. This includes
redfish, white hake, northern
windowpane flounder, and southern
windowpane flounder stocks.
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23943
TABLE 1—NORTHEAST MULTISPECIES CATCH LIMITS FOR 2024
Total U.S. ABC
(mt)
Stock
GB Cod * ..............................................................................................................................................................
GOM Cod * ...........................................................................................................................................................
GB Haddock * ......................................................................................................................................................
GOM Haddock * ...................................................................................................................................................
GB Yellowtail Flounder * ......................................................................................................................................
SNE/MA Yellowtail Flounder * .............................................................................................................................
CC/GOM Yellowtail Flounder * ............................................................................................................................
American Plaice * .................................................................................................................................................
Witch Flounder * ...................................................................................................................................................
GB Winter Flounder * ...........................................................................................................................................
GOM Winter Flounder * .......................................................................................................................................
SNE/MA Winter Flounder * ..................................................................................................................................
Redfish # ...............................................................................................................................................................
White Hake # ........................................................................................................................................................
Pollock .................................................................................................................................................................
N Windowpane Flounder # ...................................................................................................................................
S Windowpane Flounder # ...................................................................................................................................
Ocean Pout * ........................................................................................................................................................
Atlantic Halibut * ...................................................................................................................................................
Atlantic Wolffish * .................................................................................................................................................
519
551
11,638
2,038
106
40
992
5,520
1,256
1,549
804
627
7,475
1,384
13,940
120
288
87
86
93
Commercial
groundfish
sub-ACL
(mt)
374.9
278.1
10,834.9
1,209.2
84.3
33.4
876.4
5,191.6
1,145.5
1,487.5
607.2
440.8
7,101.5
1,369.2
12,183.6
78.7
33.5
49
64.1
86.5
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* These catch limits are based on Framework 65.
# These catch limits are based on default specifications and will be replaced when the final rule for Framework 66 becomes effective, if approved. If Framework 66 is not implemented on or before October 31, all fishing for these stocks would be prohibited beginning November 1.
Sector Allocations for Fishing Year
2024
This rule allocates ACE to sectors and
permit banks based on the preliminary
fishing year 2024 sector rosters and the
2024 catch limits established in
Framework 65 or default specifications.
Any permits that change ownership
after the enrollment deadline
established by the Regional
Administrator (March 13, 2024) retain
the ability to join a sector through April
30, 2024. All permit holders who have
joined a sector for fishing year 2024
have until April 30, 2024, to withdraw
and instead elect to fish in the common
pool, although sectors may specify a
more restrictive withdrawal date for
their members. As a result, the total
permits enrolled in sectors for fishing
year 2024 could change from the
preliminary rosters, although such
changes are expected to be minimal
based on past fishing years.
NMFS calculates the sector’s
allocation for each stock by summing its
members’ potential sector contributions
(PSC) for a stock and then multiplying
that total percentage by the available
commercial sub-ACL for that stock.
Table 2 shows the preliminary projected
total PSC for each sector, by stock, for
fishing year 2024 based on preliminary
2024 rosters. Tables 3 and 4 show
estimates of the preliminary allocations
that each sector will be allocated, in
pounds and metric tons, respectively,
for fishing year 2024, based on their
preliminary fishing year 2024 rosters
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and the 2024 catch limits established in
Framework 65 or default specifications.
As soon as practicable after the start of
the 2024 fishing year, final allocations
to the nearest pound are provided
directly to each sector based on their
final May 1 rosters. NMFS uses these
final allocations, along with later
adjustments, including ACE transfers,
reductions for overages, or increases for
carryover from fishing year 2023, to
monitor sector catch. The common pool
collectively may harvest an amount of a
particular stock equal to the common
pool sub-ACL, which is a portion of the
commercial groundfish quota for that
stock. The common pool sub-ACLs are
also included tables 3 and 4. The
common pool sub-ACLs are managed
separately from sectors and do not
contribute to available ACE for leasing
or harvest by sector vessels. The
preliminary common pool sub-ACLs are
included in tables 2 through 4 for
comparison.
Instead of assigning separate PSCs for
the eastern GB cod or eastern GB
haddock, a PSC is assigned to each
permit 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 GB cod TAC as
its eastern GB cod. The eastern GB
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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 harvest
that converted ACE outside the eastern
GB geographic area.
Each sector is required to ensure that
it does not exceed its ACE during the
fishing year. Sector vessels are required
to retain all legal-sized allocated
Northeast multispecies stocks, unless a
sector is granted an exemption allowing
its member vessels to discard legal-sized
unmarketable fish at sea. Catch (defined
as landings and discards) of all allocated
Northeast multispecies stocks by a
sector’s vessels counts against the
sector’s allocation. Groundfish catch
from a sector trip targeting nongroundfish species will be deducted
from the sector’s ACE because these are
groundfish trips using gear capable of
catching groundfish. Catch from a nonsector trip in an exempted fishery does
not count against a sector’s allocation
and is assigned to a separate ACL subcomponent to account for any
groundfish bycatch that occurs in nongroundfish fisheries.
NMFS expects final 2023 catch
information for sectors to be ready in
summer 2024. To reduce or eliminate
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any fishing year 2023 overages, NMFS
will allow sectors to trade fishing year
2023 ACE for 2 weeks after completion
of the year-end catch accounting. If
necessary, NMFS will reduce any
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sector’s fishing year 2024 allocation to
account for a remaining overage in
fishing year 2023. Each year, NMFS
notifies the Council and sector managers
of this deadline in writing and
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announces its final ACE determination
at: https://www.fisheries.noaa.gov/
species/northeast-multispecies.
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MRI
Count
GB Cod
GOMCod
GB Haddock
GOM
Haddock
GB
Yellowtail
Flounder
SNE/MA
Yellowtail
flounder
CC/GOM
Yellowtail
Flounder
Plaice
Witch
Flounder
GB Winter
Flounder
GOM
Winter
Flounder
SNEIMA
Winter
Flounder
Redfish
White Hake
Pollock
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Fixed Gear Sector
59
10.66368130
0.69697957
1.73925106
0.19342970
1.33811259
0.20776918
1.80040167
0.69211258
1.41865619
2.25552402
2.03553546
0.96475271
0.55322185
0.98718417
2.69363866
Maine Coast Community
Sector
106
2.14346576
15.77574417
3.28033123
12.14315523
1.94946572
2.52115190
6.24764686
15.57467423
12.30874340
0.80738762
7.86986961
2.23258492
9.19242287
13.81106273
12.67065727
Frm 00039
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Maine Permit Bank
11
0.13439158
l.16146439
0.04453277
1.12519137
0.01387770
0.03207071
0.31964833
1.16764302
0.72914170
0.00021875
0.42733162
0.01820600
0.82280520
1.65671908
1.69628627
Mooncusser Sector
48
12.02921920
6,25777157
3.84823447
3.69074677
1.23201147
0,86256446
3,02845586
0.86052723
1.81794552
0.95245393
2,85202511
2.48746222
4.75054253
10,67782404
10,53593863
NEFS2
134
9.49872888
27.03357997
14.42403106
25.27417443
3.91163986
6.84782846
27.91222741
15.67097593
20.79218577
4.45167800
27.91508790
5.66793541
21.97944839
13.34211300
18.13675481
NEFS4
58
8.63064256
11.18021805
6.05566788
8.86146971
2.17847227
2.28497979
6.42213790
9.43836833
8.82303299
0.69996269
7.42431329
1.03538340
6.69552217
8.27302876
7.26648727
NEFS5
18
0.45848210
0.32875539
0.45599711
0.11135826
0.74730041
15.06499951
0.92544848
0.29012444
0.46535873
0.19884758
0.84381463
9.55163414
0.01340476
0.06758295
0.06684655
NEFS6
3
0.53277963
0.16897341
0.55629310
0.15125674
0.06623359
0.00032970
0.02492228
0.88199052
0.47903664
0.08026315
0.07106409
0.01437459
1.11265001
0.52914348
0.31850611
Sfmt 4725
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NEFSB
107
32.14429894
6.47349254
39.69437836
19.01532607
41.10369352
17.89837197
18.46919615
21.30707462
20.59414302
56.89277908
6.45104508
39.87083431
26.35138368
19.18519781
18.73824650
NEFS 10
23
0.36099982
1.80011246
0.11620637
1.06678057
0.00106541
0.56787338
3.22717458
0.44936350
0.95408609
0.01076846
7.06053027
0.54528800
0.01774808
0.05484715
0.08997485
NEFS 11
42
0.39886389
11.36750608
0.03379870
2.73739463
0.00147257
0.01232212
2.28957044
1.51568258
1.54445775
0.00310767
2.00546790
0.02573992
1.86957788
4.01717963
8.77006607
NEFS 12
25
0.66695944
3.70211898
0.15518034
1.33202724
0.00051982
0.03715834
9.30680020
1.54946832
1.79775784
0.00058497
12.24691996
0.33391380
0.54739034
0.89356742
1.39219765
NEFS 13
65
11.00132100
0.56476011
16.41446401
0.88555368
34.45892048
23.09421386
7.31716540
7.59921581
7.70632237
19.12551115
2.08860917
16.34008330
1.80768009
1.33448880
1.35854205
New Hampshire Permit
Bank
0.00003421
0.03236683
0.00002041
0.00001803
0.02192453
0.02856511
0.00617882
0.00000326
0.06080509
0.00003694
0.01942367
0.08147906
0.11143280
05APR1
4
0.00082696
1.15165725
Sustainable Harvest Sector
1
59
6.59488586
6.97935052
8.49027525
16.80493455
6.25856384
5.46705969
4.82490089
16.51623947
13.41249257
10.92899272
4.02657897
5.54519351
18.46133885
20.22470442
11.80101981
Sustainable Harvest Sector
2
20
1.75601730
1.68695288
2.35874044
4.19777672
0.93533973
1.71793597
2.56396440
2.81484093
2.78750859
0.63465289
3.06112792
2.50774026
4.79387649
3.44070357
3.23580284
Sustainable Harvest Sector
3
3
0.08038283
0.18792499
0.00389341
0.25359846
0.00000000
0.48368689
0.80290989
0.90262401
0.81756929
0.00000000
0.58666734
0.78545860
0.03544103
0.43984416
0.11493299
Common Pool
479
2.90405294
3.48263768
2.32869024
2.12345904
5.80329061
22.89966603
4.49550472
2.74050939
3.54538270
2.95726407
12.97320661
12.07337797
0.97612211
0.98332978
1.00266889
All Sectors
785
97.10
96.52
97.67
97.88
94.20
77.10
95.50
97.26
96.45
97.04
87.03
87.93
99.02
99.02
99.00
* The data in this table are based on preliminary sector rosters for fishing year 2024 and may change based on fmal sector enrollment.
Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Rules and Regulations
15:47 Apr 04, 2024
Table 2 -- Cumulative PSC (Percentage) Each Sector Would Receive by Stock for Fishing Year 2024*
Sector Name
23945
ER05AP24.070</GPH>
khammond on DSKJM1Z7X2PROD with RULES
23946
VerDate Sep<11>2014
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11
97
110
674
324
4
2
121
1,783
311
26
105
22
1439
417
3 403
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1
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1
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30
0
0
6
134
18
0
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0
129
50
456
36
64
38
129
790
98
2
1
59
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31
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322
2,830
28
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166
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4 872
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18
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4
0
0
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101
12
3
1
0
174
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86
96
170
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1330
8152
507
76
13
357
2,439
520
1866
86
387
4126
579
5 033
1
2
11
4
24
28
0
0
62
51
24
0
95
s
3
2
24
1
2
70
1
7
73
0
0
44
173
39
0
27
0
293
121
2 356
2
4
23
5
32
36
0
0
180
177
45
0
164
3
86
27
374
33
58
3
550
3 371
24
64
17
141
870
195
627
28
159
283
40
365
0
0
7
0
0
1
0
0
0
3
0
0
1
0
3
2
30
20
35
43
285
1 744
448
12
4
93
1,890
339
358
54
54
2,890
611
3 170
5
9
10
79
484
112
2
1
50
322
70
21
41
24
751
104
869
0
0
1
0
1
7
0
0
16
103
21
0
8
8
6
13
31
9
15
21
78
478
57
11
17
87
314
90
97
174
117
153
28
269
289
514
592
3,273
20,058
2,609
175
57
1,845
11,132
2,436
3,182
1,165
854
15,503
2,991
26,591
Sector
Total
* The data in this table are based on preliminary fishing year 2024 sector rosters, and represent the preliminary total allocations to each sector. Final allocations will be determined
using final fishing year 2024 rosters. The data also includes ACEs based on default specifications that may change if Framework 66 is approved.
#Numbers are rounded to the nearest thousand pounds. In some cases, this table shows an allocation of 0, but that sector may be allocated a small amount of that stock in tens or
hundreds pounds.
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Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Rules and Regulations
15:47 Apr 04, 2024
Table 3 -- Estimated ACE (in 1,000 pounds}, by Stock, for Each Sector for Fishing Year 2024*#
khammond on DSKJM1Z7X2PROD with RULES
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3,697
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1,106
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1,871
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9
16
19
129
791
203
5
2
42
857
154
163
24
24
1,311
277
1,438
SHS2
2
4
5
36
220
51
1
1
22
146
32
9
19
11
340
47
394
SHS3
0
0
1
0
0
3
0
0
7
47
9
0
4
3
3
6
14
4
7
10
35
217
26
5
8
39
142
41
44
79
53
69
13
122
131
233
268
1,485
9,098
1,184
79
26
837
5,049
1,105
1,444
528
388
7,032
1,356
12,061
Common
Pool
Sector
Total
* The data in this table are based on preliminary fishing year 2024 sector rosters, and represent the preliminary total allocations to each sector, Final allocations will be determined
using final fishing year 2024 rosters, The data also includes ACEs based on default specifications that may change if Framework 66 is approved.
#Numbers are rounded to the nearest metric ton, but allocations are made in pounds. In some cases, this table shows a sector allocation of0 metric tons, but that sector may be
allocated a small amount of that stock in pounds.
Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Rules and Regulations
15:47 Apr 04, 2024
Table 4 -- Estimated ACE (in metric tons), by Stock, for Each Sector for Fishing Year 2024*#
23947
ER05AP24.072</GPH>
23948
Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Rules and Regulations
BILLING CODE 3510–22–C
khammond on DSKJM1Z7X2PROD with RULES
Sector Operations Plans and Contracts
Fifteen sectors are approved to
operate in fishing year 2024 (88 FR
26502; May 1, 2023). NMFS did not
receive any new sector operations plans
or substantive updates to existing
operations plans for fishing year 2024.
All 15 approved sectors were active in
fishing year 2023. Approved operations
plans contain the rules under which
each sector will fish, and also provide
the legal contract that binds each
member to the sector for the length of
the sector’s operations plan. Each
sector’s operations plan, and each
sector’s members, must comply with the
regulations governing sectors, found at
50 CFR 648.87. In addition, each sector
must conduct fishing activities as
detailed in its approved operations plan.
Participating vessels are required to
comply with all pertinent Federal
fishing regulations, except as
specifically exempted in the letter of
authorization (LOA) issued by the
Regional Administrator, which details
any approved sector exemptions from
the regulations. If, during the fishing
year, a sector requests an exemption that
NMFS already granted, or proposes a
change to administrative provisions,
NMFS may amend that sector’s
operations plan. Should any such
amendments require modifications to
LOAs, NMFS will include these changes
in updated LOAs and provide them to
the appropriate sectors.
NMFS may revoke exemptions inseason if: it determines that the
exemption jeopardizes management
measures, FMP objectives, or rebuilding
efforts; the exemption results in
unforeseen negative impacts on other
managed fish stocks, habitat, or
protected resources; the exemption
causes enforcement concerns; catch
from trips using the exemption cannot
be adequately monitored; or a sector is
not meeting certain administrative or
operational requirements. If it becomes
necessary to revoke an exemption,
NMFS will do so through a process
consistent with the existing regulations
or in a separate rulemaking action, as
appropriate.
Sector Monitoring Programs
Sectors are responsible for developing
and implementing a monitoring
program that must be: (1) approved by
NMFS as both sufficient to monitor
catch, discards, and use of ACE; and (2)
consistent with the FMP’s goals and
objectives for the sector monitoring
program.
For fishing year 2024, sector vessels
may choose to use at-sea monitoring
VerDate Sep<11>2014
15:47 Apr 04, 2024
Jkt 262001
(ASM) or the audit model electronic
monitoring (EM) program to meet
monitoring requirements, provided that
the sector has a corresponding
monitoring program approved as part of
its operations plan. At the January 2024
meeting of the New England Fishery
Management Council, NMFS announced
the suspension of the maximized
retention EM (MREM) program for
fishing year 2024 due to the exceedingly
high administrative cost per vessel of
managing the program given its
extraordinarily low participation rate.
NMFS intends to revisit this decision
for fishing year 2025 and may decide to
operate MREM in 2025. On February 20,
2024, NMFS announced a preliminary
ASM coverage target of 100 percent of
all sector groundfish trips for the 2024
fishing year. The preliminary coverage
level was announced to facilitate
preparations by industry members and
monitoring companies ahead of the
2024 fishing year. In order to develop
the 2024 ASM spend plan, NMFS is
currently evaluating whether the
preliminary coverage level target can be
met given the level of 2024
appropriations funding for reimbursing
sectors for the cost of monitoring. The
final ASM coverage level will be
announced when Congress approves the
2024 ASM spend plan. Vessels that
choose to use ASM to meet monitoring
requirements will be assigned monitors
based on the target coverage level set for
all sector groundfish trips. Vessels that
choose to use EM to meet monitoring
coverage requirements must use
cameras and adhere to catch handling
protocols as described in their vessel
monitoring plans for all groundfish
trips.
Only a subset of the submitted trips
will be selected for review to monitor
groundfish discards for catch
accounting. A subset of the selected EM
trips will also undergo review by NMFS
to monitor the third-party service
provider’s performance. The vessel
owner or operator and the third-party
service provider must provide the EM
data for any given trip to NMFS, and its
authorized officers and designees, upon
request including, but not limited to,
trips selected for NMFS review. For
fishing year 2024, each audit model
vessel’s EM video footage review rate
will be calculated individually based on
that vessel’s performance during the
fishing year. The minimum possible EM
video footage review rate will be 35
percent of sector trips for audit model
vessels. Vessels that are new to EM will
have a 50-percent video footage review
rate in 2024 to allow more opportunities
PO 00000
Frm 00042
Fmt 4700
Sfmt 4700
for feedback on their catch handling and
reporting performance.
All sectors that harvest fish included
an ASM plan as part of their approved
operations plans. Sectors that operate
only as permit banks, and explicitly
prohibit fishing in their operations
plans, are not required to include
provisions for an ASM program. Nine
sectors use the NMFS-designed ASM
program, and four sectors use a sectordesigned ASM program, previously
approved by NMFS. Thirteen sectors
also included an EM plan as part of
their approved operations plans. All of
these sectors included the NMFSdesigned audit model EM program in
their operations plans. Eleven of these
sectors also included the NMFSdesigned maximized retention EM
program in their operations plans. The
MREM program will remain in these
approved sector operations plans.
However, as explained above, NMFS
will not operate MREM in fishing year
2024 and, as such, will not approve
vessel-specific monitoring plans to
enroll in the MREM program.
Approved Exemptions Granted for
Fishing Years 2024
NMFS previously granted exemptions
from the following requirements for
fishing years 2023 and 2024 (88 FR
26502; May 1, 2023), all of which were
also 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;
E:\FR\FM\05APR1.SGM
05APR1
Federal Register / Vol. 89, No. 67 / Friday, April 5, 2024 / Rules and Regulations
(15) Prohibition on combining smallmesh exempted fishery and sector trips
in SNE;
(16) Extra-large mesh requirement to
target dogfish on trips excluded from
ASM in SNE and Inshore GB;
(17) Requirement that Handgear A
vessels carry a Vessel Monitoring
System unit when fishing in a single
broad stock area; and
(18) Limits on the number of gillnets
for Day gillnet vessels in the GOM.
khammond on DSKJM1Z7X2PROD with RULES
Exemption Requests in Fishing Year
2024
For fishing year 2024, sectors did not
request any novel exemptions.
Classification
NMFS is issuing this rule pursuant to
305(d) of the Magnuson-Stevens Act
because this action is necessary to carry
out the Northeast Multispecies FMP in
accordance with the FMP’s
implementing regulations. The NMFS
Assistant Administrator has determined
that this rule is consistent with the
Northeast Multispecies FMP, other
provisions of the Magnuson-Stevens
Act, and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), the
Assistant Administrator for Fisheries
finds good cause to waive prior public
notice and an opportunity for public
comment, because allowing time for
notice and comment is impracticable,
unnecessary, and contrary to the public
interest. The allocations in this action
are required by regulations that
prescribe how they are determined. The
public had a prior opportunity to
comment on this process and the
formula used for its calculation during
the development of the rules
implementing the Northeast
Multispecies FMP and subsequent
amendments and framework
adjustments. Thus, in accordance with
the existing regulations, NMFS
calculates a sector’s allocation for each
stock by summing its members’ PSC for
a stock and then multiplying that total
percentage by the available commercial
sub-ACL for that stock. Thus, the ACE
allocations are based on longestablished fishing histories and are
formulaic, administrative, and involve
no exercise of discretion.
NMFS finds, pursuant to 5 U.S.C.
553(d)(3), that there is good cause to
waive the 30-day delay in the date of
effectiveness for this final rule. This
action allocates ACE to groundfish
sectors in the Northeast multispecies
fishery for fishing year 2024. Sectors are
prohibited from fishing without ACE
allocations; as such, timely
implementation is necessary to ensure
that sectors may fish at the start of the
VerDate Sep<11>2014
15:47 Apr 04, 2024
Jkt 262001
2024 fishing year on May 1, 2024. If
sectors were prohibited from fishing
while waiting for the rule to take effect,
there would be significant disruption to
the fishery along with negative
economic impacts, thus undermining
the intent of the rule. The allocation of
ACE to groundfish sectors occurs
annually. Industry members and other
stakeholders are aware of and familiar
with these proceedings and expect them
to occur in a timely manner.
This final rule is exempt from review
under Executive Order 12866 because it
contains no implementing regulations.
This final rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
Because prior notice and the
opportunity for public comment are not
required for this action by the
Administrative Procedure Act (5 U.S.C.
551 et seq.), or any other law, the
analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601
et seq., are inapplicable. Therefore, no
final regulatory flexibility analysis is
required and none has been prepared.
23949
NMFS
manages the NWHI commercial lobster
fishery under the Fishery Ecosystem
Plan for the Hawaii Archipelago. The
regulations at 50 CFR 665.252(b) require
NMFS to publish an annual harvest
guideline for lobster in Crustacean
Permit Area 1, comprised of Federal
waters around the NWHI.
Regulations governing the
Papaha¯naumokua¯kea Marine National
Monument in the NWHI prohibit the
unpermitted removal of monument
resources (50 CFR 404.7), and establish
a zero annual harvest guideline for
lobsters (50 CFR 404.10(a)).
Accordingly, NMFS establishes the
harvest guideline for the NWHI
commercial lobster fishery for calendar
year 2024 at zero lobsters. Harvest of
NWHI lobster resources is not allowed.
SUPPLEMENTARY INFORMATION:
Authority: 16 U.S.C. 1801 et seq.
Dated: March 27, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–06917 Filed 4–4–24; 8:45 am]
BILLING CODE 3510–22–P
Authority: 16 U.S.C. 1801 et seq.
Dated: April 2, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
DEPARTMENT OF COMMERCE
[FR Doc. 2024–07296 Filed 4–4–24; 8:45 am]
50 CFR Part 679
BILLING CODE 3510–22–P
[Docket No. 240227–0061]
National Oceanic and Atmospheric
Administration
RTID 0648–XD694
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD790]
Pacific Island Fisheries; 2024
Northwestern Hawaiian Islands
Lobster Harvest Guideline
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notification of lobster harvest
guideline.
AGENCY:
NMFS establishes the annual
harvest guideline for the commercial
lobster fishery in the Northwestern
Hawaiian Islands (NWHI) for calendar
year 2024 at zero lobsters.
DATES: April 5, 2024.
FOR FURTHER INFORMATION CONTACT:
Keith Kamikawa, NMFS Pacific Island
Regional Office (PIRO) Sustainable
Fisheries, 808–725–5177.
SUMMARY:
Frm 00043
Fmt 4700
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
50 CFR Part 665
PO 00000
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 610 in the Gulf of Alaska
Sfmt 4700
NMFS is prohibiting directed
fishing for pollock in Statistical Area
610 in the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
the A season allowance of the 2024 total
allowable catch (TAC) of pollock for
Statistical Area 610 in the GOA.
DATES: Effective 1200 hrs, Alaska local
time (A.l.t.), April 2, 2024, through 1200
hrs, A.l.t., May 31, 2024.
FOR FURTHER INFORMATION CONTACT:
Adam Zaleski, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
SUMMARY:
E:\FR\FM\05APR1.SGM
05APR1
]]>Agencies
[Federal Register Volume 89, Number 67 (Friday, April 5, 2024)]
[Rules and Regulations]
[Pages 23941-23949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07296]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 240401-0094; RTID 0648-XD513]
Magnuson-Stevens Act Provisions; Fisheries of the Northeastern
United States; Northeast Multispecies Fishery; Allocation of 2024
Northeast Multispecies Annual Catch Entitlements
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: This final rule allocates Northeast multispecies annual catch
entitlements to approved groundfish sectors and permit banks for
fishing year 2024 based on 2024 annual catch limits set in Framework
Adjustment 65 to the Northeast Multispecies Fishery Management Plan or
default specifications. This action is intended to allow limited access
permit holders to continue to operate sectors, as authorized under the
Northeast Multispecies Fishery Management Plan.
DATES: Northeast multispecies annual catch entitlements for sectors are
effective May 1, 2024, through April 30, 2025. Default catch limits are
effective May 1, 2024, through October 31, 2024, or until the final
rule for Framework Adjustment (Framework) 66 is implemented, if that
final rule is implemented prior to October 31, 2024. If Framework 66 is
not implemented on or before October 31, 2024, sectors would be
prohibited from fishing in the stock areas of stocks with expired
default specifications beginning November 1, 2024.
ADDRESSES: Copies of each sector's operations plan and contracts from
fishing years 2023-2024; the Sector Operations Plan, Contract, and
Environmental Assessment Requirements guidance document for fishing
years 2023-2024, as well as the programmatic environmental assessment
for sector operations in fishing years 2015 to 2020 and a supplemental
information report analyzing sector operations for fishing years 2023
and 2024; and other supporting documents are available from the NMFS
Greater Atlantic Regional Fisheries Office (GARFO). Copies of
supporting documents are available from: Claire Fitz-Gerald at
[email protected]. These documents are also accessible via
the GARFO website. These documents and the Federal Register documents
referenced in this rule are also accessible via the internet at:
https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan.
FOR FURTHER INFORMATION CONTACT: Claire Fitz-Gerald, Fishery Policy
Analyst, (978) 281-9255.
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 [total allowable catch] TAC(s) [sic] in
order to achieve objectives consistent with applicable FMP goals and
objectives.'' (50 CFR 648.2 ``Sector'') A sector must be comprised of
at least three Northeast multispecies permits issued to at least three
different persons, none 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 includes an
annual allocation of available catch for 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 the permits held by 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
[[Page 23942]]
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-centimeter (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. The
FMP prohibits sectors from requesting exemptions from permitting
restrictions, gear restrictions designed to minimize habitat impacts,
and most reporting requirements.
In addition to the 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, to
determine the ACE allocated to the permit bank. These allocations may
be leased to fishermen enrolled in sectors. State-operated permit banks
are no longer approved through the sector approval process, but current
state-operated permit banks contribute to the total allocation under
the sector system.
NMFS previously approved 15 sectors to operate in fishing years
2023 and 2024, and also approved 18 requested exemptions for sectors
(88 FR 26502; May 1, 2023). Copies of the operations plans and
contracts from fishing years 2023-2024, the Sector Operations Plan,
Contract, and the Environmental Assessment Requirements guidance
document for fishing years 2023-2024, the programmatic environmental
assessment (PEA), and other supporting documents are available at:
https://www.fisheries.noaa.gov/species/northeast-multispecies and from
NMFS (see ADDRESSES). NMFS previously prepared a supplemental
information report analyzing sector operations for fishing years 2023
and 2024, which determined that the potential impacts to the fishery
from the measures described above fall within the scope of the PEA
developed in support of sector operations for fishing years 2015
through 2020. This report is available at https://www.fisheries.noaa.gov/new-england-mid-atlantic/commercial-fishing/fishing-year-2023-sectors and from NMFS (see ADDRESSES). This final
rule allocates 2024 ACE to the approved sectors and permit banks based
on preliminary fishing year 2024 rosters and the fishing year 2024
catch limits set in Framework 65 (88 FR 56527; August 18, 2023) to the
FMP or default specifications.
Operations Plan Submissions and Changes
Annually, NMFS solicits operations plan submissions for
consideration and approval. Prior to the 2023 fishing year, NMFS
received 15 sector operations plans, all of which were approved for
fishing years 2023 and 2024 (88 FR 26502; May 1, 2023). These approved
sectors are not required to resubmit operations plans for 2024. NMFS
did not receive any new operations plans for approval for fishing year
2024. In addition, sectors may request changes to approved operations
plans as needed to implement changes to their operations. NMFS did not
receive any submissions for substantive changes to approved operations
plans for fishing year 2024.
Catch Limits for Fishing Year 2024
Previously Established Catch Limits
Last year, Framework 65 (88 FR 56527; August 18, 2023) set catch
limits for 16 groundfish stocks: GB haddock, GOM haddock, 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, pollock, ocean
pout, Atlantic halibut, and Atlantic wolffish for fishing years 2023-
2025; GB cod and GB yellowtail flounder for fishing years 2023-2024;
and white hake for fishing year 2023. Framework 66 will set catch
limits for 8 groundfish stocks: Acadian redfish, northern windowpane
flounder, and southern windowpane flounder for fishing years 2024-2026;
and GB cod, GB haddock, GOM haddock, GB yellowtail flounder, and white
hake for fishing years 2024-2025. However, Framework 66 may not be in
place by May 1, 2024, the start of the fishing year. To prevent
disruption to the groundfish fishery while Framework 66 is finalized,
this final rule announces default catch limits that will be in effect
for Acadian redfish, northern windowpane flounder, southern windowpane
flounder, and white hake until October 31, 2024, or until Framework 66
is finalized and goes into effect.
As a result, the sector and common pool allocations in this rule
are based on the 2024 catch limits set in Framework 65 or default catch
limits that will be effective on May 1, 2024, and preliminary 2024
fishing year rosters (table 1). If NMFS approves Framework 66, the 2024
catch limits for 8 (out of 20) groundfish stocks announced in this rule
will be changed and published when Framework 66 measures become
effective.
Default Catch Limits
This rule announces default fishing year 2024 catch limits for
Acadian redfish, northern windowpane flounder, southern windowpane
flounder, and white hake (table 1). These stocks do not already have a
catch limit in place for fishing year 2024. The groundfish regulations
implement default catch limits for any stock for which final
specifications are not in place by the beginning of the fishing year on
May 1. The FMP's default specifications provision in the regulations at
50 CFR 648.90(a)(3) sets catch limits at 75 percent of the previous
year's (2023) catch limits, except in instances where the default catch
limit would exceed the Council's recommendation for the final
specifications. The default catch limits are effective from May 1
through October 31, or until the final rule for Framework 66 is
implemented if that final rule is implemented prior to October 31.
These default specifications are set out in the regulations to minimize
impacts on the fishery that would occur if no catch limits are
specified. If Framework 66 is not implemented on or before October 31,
all fishing for these stocks would be prohibited beginning November 1.
The prohibition would remain in effect for the remainder of the fishing
year, unless and until the catch limits in Framework 66 are
implemented. This includes redfish, white hake, northern windowpane
flounder, and southern windowpane flounder stocks.
[[Page 23943]]
Table 1--Northeast Multispecies Catch Limits for 2024
------------------------------------------------------------------------
Commercial
Stock Total U.S. ABC groundfish sub-
(mt) ACL (mt)
------------------------------------------------------------------------
GB Cod *.............................. 519 374.9
GOM Cod *............................. 551 278.1
GB Haddock *.......................... 11,638 10,834.9
GOM Haddock *......................... 2,038 1,209.2
GB Yellowtail Flounder *.............. 106 84.3
SNE/MA Yellowtail Flounder *.......... 40 33.4
CC/GOM Yellowtail Flounder *.......... 992 876.4
American Plaice *..................... 5,520 5,191.6
Witch Flounder *...................... 1,256 1,145.5
GB Winter Flounder *.................. 1,549 1,487.5
GOM Winter Flounder *................. 804 607.2
SNE/MA Winter Flounder *.............. 627 440.8
Redfish ............................. 7,475 7,101.5
White Hake .......................... 1,384 1,369.2
Pollock............................... 13,940 12,183.6
N Windowpane Flounder ............... 120 78.7
S Windowpane Flounder ............... 288 33.5
Ocean Pout *.......................... 87 49
Atlantic Halibut *.................... 86 64.1
Atlantic Wolffish *................... 93 86.5
------------------------------------------------------------------------
* These catch limits are based on Framework 65.
These catch limits are based on default specifications and will be
replaced when the final rule for Framework 66 becomes effective, if
approved. If Framework 66 is not implemented on or before October 31,
all fishing for these stocks would be prohibited beginning November 1.
Sector Allocations for Fishing Year 2024
This rule allocates ACE to sectors and permit banks based on the
preliminary fishing year 2024 sector rosters and the 2024 catch limits
established in Framework 65 or default specifications. Any permits that
change ownership after the enrollment deadline established by the
Regional Administrator (March 13, 2024) retain the ability to join a
sector through April 30, 2024. All permit holders who have joined a
sector for fishing year 2024 have until April 30, 2024, to withdraw and
instead elect to fish in the common pool, although sectors may specify
a more restrictive withdrawal date for their members. As a result, the
total permits enrolled in sectors for fishing year 2024 could change
from the preliminary rosters, although such changes are expected to be
minimal based on past fishing years.
NMFS calculates the sector's allocation for each stock by summing
its members' potential sector contributions (PSC) for a stock and then
multiplying that total percentage by the available commercial sub-ACL
for that stock. Table 2 shows the preliminary projected total PSC for
each sector, by stock, for fishing year 2024 based on preliminary 2024
rosters. Tables 3 and 4 show estimates of the preliminary allocations
that each sector will be allocated, in pounds and metric tons,
respectively, for fishing year 2024, based on their preliminary fishing
year 2024 rosters and the 2024 catch limits established in Framework 65
or default specifications. As soon as practicable after the start of
the 2024 fishing year, final allocations to the nearest pound are
provided directly to each sector based on their final May 1 rosters.
NMFS uses these final allocations, along with later adjustments,
including ACE transfers, reductions for overages, or increases for
carryover from fishing year 2023, to monitor sector catch. The common
pool collectively may harvest an amount of a particular stock equal to
the common pool sub-ACL, which is a portion of the commercial
groundfish quota for that stock. The common pool sub-ACLs are also
included tables 3 and 4. The common pool sub-ACLs are managed
separately from sectors and do not contribute to available ACE for
leasing or harvest by sector vessels. The preliminary common pool sub-
ACLs are included in tables 2 through 4 for comparison.
Instead of assigning separate PSCs for the eastern GB cod or
eastern GB haddock, a PSC is assigned to each permit 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 GB cod 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 harvest that converted ACE outside the
eastern GB geographic area.
Each sector is required to ensure that it does not exceed its ACE
during the fishing year. Sector vessels are required to retain all
legal-sized allocated Northeast multispecies stocks, unless a sector is
granted an exemption allowing its member vessels to discard legal-sized
unmarketable fish at sea. Catch (defined as landings and discards) of
all allocated Northeast multispecies stocks by a sector's vessels
counts against the sector's allocation. Groundfish catch from a sector
trip targeting non-groundfish species will be deducted from the
sector's ACE because these are groundfish trips using gear capable of
catching groundfish. Catch from a non-sector trip in an exempted
fishery does not count against a sector's allocation and is assigned to
a separate ACL sub-component to account for any groundfish bycatch that
occurs in non-groundfish fisheries.
NMFS expects final 2023 catch information for sectors to be ready
in summer 2024. To reduce or eliminate
[[Page 23944]]
any fishing year 2023 overages, NMFS will allow sectors to trade
fishing year 2023 ACE for 2 weeks after completion of the year-end
catch accounting. If necessary, NMFS will reduce any sector's fishing
year 2024 allocation to account for a remaining overage in fishing year
2023. Each year, NMFS notifies the Council and sector managers of this
deadline in writing and announces its final ACE determination at:
https://www.fisheries.noaa.gov/species/northeast-multispecies.
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Sector Operations Plans and Contracts
Fifteen sectors are approved to operate in fishing year 2024 (88 FR
26502; May 1, 2023). NMFS did not receive any new sector operations
plans or substantive updates to existing operations plans for fishing
year 2024. All 15 approved sectors were active in fishing year 2023.
Approved operations plans contain the rules under which each sector
will fish, and also provide the legal contract that binds each member
to the sector for the length of the sector's operations plan. Each
sector's operations plan, and each sector's members, must comply with
the regulations governing sectors, found at 50 CFR 648.87. In addition,
each sector must conduct fishing activities as detailed in its approved
operations plan.
Participating vessels are required to comply with all pertinent
Federal fishing regulations, except as specifically exempted in the
letter of authorization (LOA) issued by the Regional Administrator,
which details any approved sector exemptions from the regulations. If,
during the fishing year, a sector requests an exemption that NMFS
already granted, or proposes a change to administrative provisions,
NMFS may amend that sector's operations plan. Should any such
amendments require modifications to LOAs, NMFS will include these
changes in updated LOAs and provide them to the appropriate sectors.
NMFS may revoke exemptions in-season if: it determines that the
exemption jeopardizes management measures, FMP objectives, or
rebuilding efforts; the exemption results in unforeseen negative
impacts on other managed fish stocks, habitat, or protected resources;
the exemption causes enforcement concerns; catch from trips using the
exemption cannot be adequately monitored; or a sector is not meeting
certain administrative or operational requirements. If it becomes
necessary to revoke an exemption, NMFS will do so through a process
consistent with the existing regulations or in a separate rulemaking
action, as appropriate.
Sector Monitoring Programs
Sectors are responsible for developing and implementing a
monitoring program that must be: (1) approved by NMFS as both
sufficient to monitor catch, discards, and use of ACE; and (2)
consistent with the FMP's goals and objectives for the sector
monitoring program.
For fishing year 2024, sector vessels may choose to use at-sea
monitoring (ASM) or the audit model electronic monitoring (EM) program
to meet monitoring requirements, provided that the sector has a
corresponding monitoring program approved as part of its operations
plan. At the January 2024 meeting of the New England Fishery Management
Council, NMFS announced the suspension of the maximized retention EM
(MREM) program for fishing year 2024 due to the exceedingly high
administrative cost per vessel of managing the program given its
extraordinarily low participation rate. NMFS intends to revisit this
decision for fishing year 2025 and may decide to operate MREM in 2025.
On February 20, 2024, NMFS announced a preliminary ASM coverage target
of 100 percent of all sector groundfish trips for the 2024 fishing
year. The preliminary coverage level was announced to facilitate
preparations by industry members and monitoring companies ahead of the
2024 fishing year. In order to develop the 2024 ASM spend plan, NMFS is
currently evaluating whether the preliminary coverage level target can
be met given the level of 2024 appropriations funding for reimbursing
sectors for the cost of monitoring. The final ASM coverage level will
be announced when Congress approves the 2024 ASM spend plan. Vessels
that choose to use ASM to meet monitoring requirements will be assigned
monitors based on the target coverage level set for all sector
groundfish trips. Vessels that choose to use EM to meet monitoring
coverage requirements must use cameras and adhere to catch handling
protocols as described in their vessel monitoring plans for all
groundfish trips.
Only a subset of the submitted trips will be selected for review to
monitor groundfish discards for catch accounting. A subset of the
selected EM trips will also undergo review by NMFS to monitor the
third-party service provider's performance. The vessel owner or
operator and the third-party service provider must provide the EM data
for any given trip to NMFS, and its authorized officers and designees,
upon request including, but not limited to, trips selected for NMFS
review. For fishing year 2024, each audit model vessel's EM video
footage review rate will be calculated individually based on that
vessel's performance during the fishing year. The minimum possible EM
video footage review rate will be 35 percent of sector trips for audit
model vessels. Vessels that are new to EM will have a 50-percent video
footage review rate in 2024 to allow more opportunities for feedback on
their catch handling and reporting performance.
All sectors that harvest fish included an ASM plan as part of their
approved operations plans. Sectors that operate only as permit banks,
and explicitly prohibit fishing in their operations plans, are not
required to include provisions for an ASM program. Nine sectors use the
NMFS-designed ASM program, and four sectors use a sector-designed ASM
program, previously approved by NMFS. Thirteen sectors also included an
EM plan as part of their approved operations plans. All of these
sectors included the NMFS-designed audit model EM program in their
operations plans. Eleven of these sectors also included the NMFS-
designed maximized retention EM program in their operations plans. The
MREM program will remain in these approved sector operations plans.
However, as explained above, NMFS will not operate MREM in fishing year
2024 and, as such, will not approve vessel-specific monitoring plans to
enroll in the MREM program.
Approved Exemptions Granted for Fishing Years 2024
NMFS previously granted exemptions from the following requirements
for fishing years 2023 and 2024 (88 FR 26502; May 1, 2023), all of
which were also 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;
[[Page 23949]]
(15) Prohibition on combining small-mesh exempted fishery and
sector trips in SNE;
(16) Extra-large mesh requirement to target dogfish on trips
excluded from ASM in SNE and Inshore GB;
(17) Requirement that Handgear A vessels carry a Vessel Monitoring
System unit when fishing in a single broad stock area; and
(18) Limits on the number of gillnets for Day gillnet vessels in
the GOM.
Exemption Requests in Fishing Year 2024
For fishing year 2024, sectors did not request any novel
exemptions.
Classification
NMFS is issuing this rule pursuant to 305(d) of the Magnuson-
Stevens Act because this action is necessary to carry out the Northeast
Multispecies FMP in accordance with the FMP's implementing regulations.
The NMFS Assistant Administrator has determined that this rule is
consistent with the Northeast Multispecies FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for
Fisheries finds good cause to waive prior public notice and an
opportunity for public comment, because allowing time for notice and
comment is impracticable, unnecessary, and contrary to the public
interest. The allocations in this action are required by regulations
that prescribe how they are determined. The public had a prior
opportunity to comment on this process and the formula used for its
calculation during the development of the rules implementing the
Northeast Multispecies FMP and subsequent amendments and framework
adjustments. Thus, in accordance with the existing regulations, NMFS
calculates a sector's allocation for each stock by summing its members'
PSC for a stock and then multiplying that total percentage by the
available commercial sub-ACL for that stock. Thus, the ACE allocations
are based on long-established fishing histories and are formulaic,
administrative, and involve no exercise of discretion.
NMFS finds, pursuant to 5 U.S.C. 553(d)(3), that there is good
cause to waive the 30-day delay in the date of effectiveness for this
final rule. This action allocates ACE to groundfish sectors in the
Northeast multispecies fishery for fishing year 2024. Sectors are
prohibited from fishing without ACE allocations; as such, timely
implementation is necessary to ensure that sectors may fish at the
start of the 2024 fishing year on May 1, 2024. If sectors were
prohibited from fishing while waiting for the rule to take effect,
there would be significant disruption to the fishery along with
negative economic impacts, thus undermining the intent of the rule. The
allocation of ACE to groundfish sectors occurs annually. Industry
members and other stakeholders are aware of and familiar with these
proceedings and expect them to occur in a timely manner.
This final rule is exempt from review under Executive Order 12866
because it contains no implementing regulations.
This final rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
Because prior notice and the opportunity for public comment are not
required for this action by the Administrative Procedure Act (5 U.S.C.
551 et seq.), or any other law, the analytical requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are inapplicable.
Therefore, no final regulatory flexibility analysis is required and
none has been prepared.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 2, 2024.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2024-07296 Filed 4-4-24; 8:45 am]
BILLING CODE 3510-22-P
