Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Common Pool Fishery and Other Measures for Fishing Year 2024, 25816-25820 [2024-07744]
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25816
Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Rules and Regulations
Lastly, one commenter suggested
updating the new paragraph (d), which
is a redesignation of existing paragraph
(c). The commenter recommended that
LSC revise the list of individuals who
may not be able to seek legal assistance
on their own to include persons who are
incarcerated, unhoused, living in
institutions or correctional facilities, or
living with a physical or mental
disability.
Response: LSC agrees it is important
for this rule to be flexible enough for
recipients to apply the rule to new
technologies and circumstances not
contemplated at the time of these
changes. Therefore, the section will be
revised to indicate the listed methods
are examples of permissible activities.
Further, LSC agrees that a recipient
may have a difficult time proving they
were in a courthouse ‘‘at the invitation
of the court’’ particularly because the
rule does not indicate what constitutes
an ‘‘invitation.’’ Although not
contemplated in the NPRM, LSC
believes that removal of ‘‘at the
invitation of the court’’ is a logical
outgrowth of the proposed rule changes.
The purpose of this rulemaking was to
clarify and simplify part 1638. Removal
of this language is not a substantive
change, rather it is a technical change to
remove ambiguity. As mentioned during
the January 21, 2024, Committee
meeting, section 504(a)(18) does not
require this language. In fact, the statute
does not discuss a recipient’s activities
in courthouses at all. Further, as the
written comments note, a recipient’s
ongoing presence in a courthouse is
sufficient to establish the court’s
approval of the recipient being in the
courthouse. Therefore, the term will be
removed for the sake of clarity.
Lastly, to achieve active voice, LSC
will amend the last clause of § 1638.4(d)
to read as ‘‘including institutionalized
individuals or individuals living with a
physical or mental disability.’’
Section 1638.5 Recipient Policies
LSC proposed no changes to this
section. LSC received no comments on
this section.
lotter on DSK11XQN23PROD with RULES1
List of Subjects in 45 CFR Part 1638
Grant programs—law, Legal services.
For the reasons set forth in the
preamble, the Legal Services
Corporation amends 45 CFR part 1638
as follows:
PART 1638—RESTRICTION ON
SOLICITATION
1. The authority citation for part 1638
is revised to read as follows:
■
Authority: 42 U.S.C. 2996g(e).
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■
2. Revise § 1638.2 to read as follows:
§ 1638.2
Definitions.
(a) Communicate or communication
means to share information. Permissible
forms of communication include, but
are not limited to, sending information
via mailings, text message, email, or
other methods of voice or electronic
communication.
(b) In-person means a face-to-face
encounter, including virtual clinics or
other encounters via videoconference.
(c) Unsolicited advice means advice to
obtain counsel or take legal action given
by a recipient or its employee to an
individual who did not seek the advice
and with whom the recipient does not
have an attorney-client relationship.
■ 3. Revise § 1638.3 to read as follows:
§ 1638.3
Prohibition.
(a) Recipients and their employees
shall not represent a client as a result of
in-person unsolicited advice.
(b) Recipients and their employees
shall not refer to other recipients
individuals to whom they have given inperson unsolicited advice.
■ 4. Revise § 1638.4 to read as follows:
§ 1638.4
Permissible activities.
A recipient may:
(a) Communicate about legal rights
and responsibilities or the recipient’s
services and intake procedures or
provide the same information through
community legal education activities.
Recipients may engage in various
activities including, but not limited to,
outreach, public service
announcements, maintaining an
ongoing presence in a courthouse to
provide advice, disseminating
community legal education
publications, and giving presentations
to groups that request them.
(b) Communicate to parties in civil
cases to notify them that a case has been
filed against them; to inform them of
upcoming court dates; to inform them
that counsel may be available to
represent them; and to provide
information about intake.
(c) Represent an otherwise eligible
individual requesting legal assistance
from the recipient as a result of a
communication or information provided
as described in paragraph (a) of this
section, provided that the request has
not resulted from in-person unsolicited
advice.
(d) Represent or refer clients pursuant
to a statutory or private ombudsman
program that provides investigatory and
referral services and/or legal assistance
on behalf of persons who are unable to
seek assistance on their own, including
institutionalized individuals or
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individuals living with a physical or
mental disability.
(e) Represent an individual with
whom the recipient initiated contact
over the phone or via an electronic
platform so long as the communication
provides only generic information that
is not tailored to the individual or the
specific facts of the individual’s legal
issues.
Dated: April 8, 2024.
Stefanie Davis,
Deputy General Counsel, Legal Services
Corporation.
[FR Doc. 2024– 07761 Filed 4–11–24; 8:45 am]
BILLING CODE 7050– 01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 240318–0082; RTID 0648–
XD843]
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Common Pool Fishery and
Other Measures for Fishing Year 2024
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; possession and
trip limit implementation.
AGENCY:
This action implements
measures for the Northeast multispecies
common pool fishery and other
measures under Regional Administrator
authority for the 2024 fishing year. This
action is necessary to ensure that the
Northeast multispecies common pool
fishery may achieve the optimum yield
for the relevant stocks, while controlling
catch to help prevent in-season closures
or quota overages. These measures
include possession and trip limits, the
allocation of zero trips into the Closed
Area II Yellowtail Flounder/Haddock
Special Access Program for common
pool vessels to target yellowtail
flounder, and the closure of the Regular
B Days-at-Sea Program.
DATES: Effective at 0001 hours on May
1, 2024, through April 30, 2025.
FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Policy
Analyst, 978–281–9232.
SUPPLEMENTARY INFORMATION: The
Northeast Multispecies Fishery
Management Plan (FMP) regulations
allow the Regional Administrator to
implement possession limits for the
common pool fishery, the U.S./Canada
SUMMARY:
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Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Rules and Regulations
Management Area, and Special
Management Programs. This action
implements a number of these
management measures for the 2024
fishing year, effective May 1, 2024.
Common Pool Trip Limits
Regulations at 50 CFR 648.86(o)
provide that the Regional Administrator
may implement or adjust a per-Day-atSea (DAS) possession limit and/or a
maximum trip limit in order to prevent
exceeding the common pool sub-annual
catch limit (sub-ACL) in that fishing
year. The possession and trip limits for
the start of the 2024 fishing year are
included in tables 1 and 2 below. These
possession and trip limits were
developed based on the common pool
sub-ACLs that will be in effect on May
1, 2024, including those set by
Framework Adjustment 65 to the FMP
and those that are in place as default
specifications consistent with the
current regulations at § 648.90(a)(3).
NMFS considered preliminary 2024
sector rosters, expected common pool
participation, and common pool fishing
activity in previous fishing years. NMFS
will continue to monitor common pool
catch through vessel trip reports, dealerreported landings, vessel monitoring
system catch reports, and other
available information and, if necessary,
will make further adjustments to
common pool management measures
based on common pool catch.
During its December 2023 meeting,
the New England Fishery Management
Council adopted Framework
Adjustment 66 to the Northeast
Multispecies FMP, which, if approved,
would modify the common pool subACLs for several stocks. On March 22,
2024, NMFS published a proposed rule
for Framework 66, with a comment
period ending on April 8, 2024 (89 FR
20412). It is possible that the final rule
for that action is not in effect until after
the beginning of the fishing year. In that
case, default specifications for white
hake and redfish would be in place until
that rule is final. When developing the
trip limits in this action, NMFS
considered the Council-recommended
sub-ACLs that may be implemented in
Framework 66. Framework 66’s
proposed sub-ACLs are not sufficiently
different from the Framework 65’s subACLs to alter NMFS’ projections and
recommendations. Thus, in addition to
appropriately addressing specifications
that would be in place on May 1, 2024,
the trip limits in this action are
expected to avoid exceeding, but not to
overly constrain catch in a manner that
would prevent achieving, any sub-ACLs
or trimester total allowable catch (TAC)
that may be implemented by Framework
66. Based on this information, NMFS
projects that these adjustments will
facilitate optimized harvest of the
common pool quotas, while preventing
early trimester closures, and preventing
catch from exceeding the 2024 fishing
year sub-ACLs.
For Handgear A and Handgear B
vessels, possession and trip limits for
Georges Bank (GB) and Gulf of Maine
(GOM) cod are dependent on the
possession and trip limits for groundfish
DAS vessels. The default cod trip limit
25817
is 300 pounds (lb) (136 kilograms (kg))
for Handgear A vessels and 75 lb (34 kg)
for Handgear B vessels. If the GOM or
GB cod limit for vessels fishing on a
groundfish DAS drops below 300 lb
(136 kg), then the respective Handgear
A cod trip limit must be reduced to the
same limit. Similarly, the Handgear B
trip limit must be adjusted
proportionally to the DAS limit
(rounded up to the nearest 25 lb (11
kg)). In accordance with this process,
the Handgear A and Handgear B
possession and trip limits for GB and
GOM cod are as listed below in table 2.
Vessels with a Small Vessel category
permit can possess up to 300 lb (136 kg)
of cod, haddock, and yellowtail
flounder, combined, per trip.
Additionally, for these vessels, the trip
limit for all stocks is equal to the
landing limits per DAS applicable to
multispecies DAS vessels. This is
necessary to ensure that the trip limit
applicable to the Small Vessel category
permit is consistent with the trip limits
for other common pool vessels, as
described above.
Weekly quota monitoring reports for
the common pool fishery can be found
on NMFS’ website at: https://
www.greateratlantic.fisheries.noaa.gov/
ro/fso/reports/h/nemultispecies.html.
NMFS will continue to monitor
common pool catch through vessel trip
reports, dealer-reported landings, vessel
monitoring system catch reports, and
other available information and, if
necessary, will make additional
adjustments to common pool
management measures.
TABLE 1—2024 FISHING YEAR COMMON POOL POSSESSION AND TRIP LIMITS
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Stock
2024 trip limit
GB Cod (outside Eastern U.S./Canada Area) .........................................
GB Cod (inside Eastern U.S./Canada Area)
GB Cod [Closed Area II Yellowtail Flounder/Haddock Special Access
Program(SAP) (for targeting haddock)].
GOM Cod .................................................................................................
GB Haddock .............................................................................................
GOM Haddock ..........................................................................................
GB Yellowtail Flounder .............................................................................
Southern New England/Mid-Atlantic (SNE/MA) Yellowtail Flounder .......
Cape Cod (CC)/GOM Yellowtail Flounder ...............................................
American plaice ........................................................................................
Witch Flounder .........................................................................................
GB Winter Flounder ..................................................................................
GOM Winter Flounder ..............................................................................
SNE/MA Winter Flounder .........................................................................
Redfish ......................................................................................................
White hake ................................................................................................
Pollock ......................................................................................................
Atlantic Halibut ..........................................................................................
Windowpane Flounder ..............................................................................
Ocean Pout.
Atlantic Wolffish.
100 lb (45.4 kg) per DAS, up to 200 lb (90.7 kg) per trip.
500 lb (226.8 kg) per trip.
150 lb (68 kg) per DAS, up to 300 lb (136.1 kg) per trip.
50,000 lb (22,679.6 kg) per trip.
1,000 lb (453.6 kg) per DAS, up to 2,000 lb (907.2 kg) per trip.
100 lb (45.4 kg) per trip.
200 lb (90.7 kg) per DAS, up to 400 lb (181.4 kg) per trip.
1,500 lb (680.4 kg) per DAS, up to 3,000 lb (1,360.8 kg) per trip.
3,000 lb (1,360.8 kg) per DAS, up to 6,000 lb (2,721.6 kg) per trip.
1,500 lb (680.4 kg) per trip.
500 lb (226.8 kg) per trip.
2,000 lb (907.2 kg) per trip.
2,000 lb (907.2 kg) per DAS, up to 4,000 lb (1,814.4 kg) per trip.
Unlimited.
750 lb (340.2 kg) per trip.
Unlimited.
1 fish per trip.
Possession Prohibited.
Note: Minimum fish sizes apply for many groundfish species, but are not included in this rule. Please see 50 CFR 648.83 for applicable minimum fish sizes.
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Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Rules and Regulations
TABLE 2—2024 FISHING YEAR COD TRIP LIMITS FOR HANDGEAR A, HANDGEAR B, AND SMALL VESSEL CATEGORY
PERMITS
Permit
Initial 2024 trip limit
Handgear A GOM Cod .............................................................................
Handgear A GB Cod ................................................................................
Handgear B GOM Cod .............................................................................
Handgear B GB Cod ................................................................................
Small Vessel Category .............................................................................
150 lb (68 kg) per trip.
100 lb (45.4 kg kg) per trip.
25 lb (11 kg) per trip.
25 lb (11 kg) per trip.
300 lb (136.1 kg) of cod, haddock, and yellowtail flounder combined;
additionally, vessels are limited to the common pool DAS limit for all
stocks.
Table 3 includes the initial common
pool trimester TACs for fishing year
2024. These trimester TACs are based
on preliminary sector rosters. However,
individual permit holders have until the
end of the 2023 fishing year (April 30,
2024) to drop out of a sector and fish in
the common pool fishery for the 2024
fishing year. Therefore, it is possible
that the sector and common pool catch
limits, including the trimester TACs,
may change due to changes in sector
rosters. If changes to sector rosters occur
that require updated catch limits and/or
possession and trip limits, these will be
announced as soon as practicable in the
2024 fishing year to reflect the final
sector rosters as of May 1, 2024.
TABLE 3—INITIAL COMMON POOL TRIMESTER TOTAL ALLOWABLE CATCHES FOR FISHING YEAR 2024
[Mt, live weight]
Trimester total allowable catches
Stock
Trimester 1
GB Cod ........................................................................................................................................
GOM Cod .....................................................................................................................................
GB Haddock ................................................................................................................................
GOM Haddock .............................................................................................................................
GB Yellowtail Flounder ................................................................................................................
SNE/MA Yellowtail Flounder .......................................................................................................
CC/GOM Yellowtail Flounder ......................................................................................................
American Plaice ...........................................................................................................................
Witch Flounder .............................................................................................................................
GB Winter Flounder .....................................................................................................................
GOM Winter Flounder .................................................................................................................
Redfish .........................................................................................................................................
White Hake ..................................................................................................................................
Pollock .........................................................................................................................................
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Closed Area II Yellowtail Flounder/
Haddock Special Access Program
The regulations at § 648.85(b)(vii)
allow the Regional Administrator to
determine the total number of common
pool trips that may be declared into the
Closed Area II Yellowtail Flounder/
Haddock SAP to target yellowtail
flounder. This action allocates zero trips
for common pool vessels to target
yellowtail flounder within the Closed
Area II Yellowtail Flounder/Haddock
SAP for fishing year 2024. As a result,
this SAP is only open to target haddock,
from August 1, 2024, through January
31, 2025. Northeast multispecies vessels
fishing in the SAP must fish with a
haddock separator trawl, a Ruhle trawl,
or hook gear.
The Regional Administrator
determines the allocation of the total
number of trips into the Closed Area II
Yellowtail Flounder/Haddock SAP
based on several criteria, including the
GB yellowtail flounder catch limit and
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the amount of GB yellowtail flounder
caught outside of the SAP. Allocating
trips to target yellowtail flounder in the
Closed Area II Yellowtail Flounder/
Haddock SAP is discretionary if the
available GB yellowtail flounder catch is
insufficient to support at least 150 trips
with a 15,000-lb (6,804-kg) trip limit, for
a total catch of 2,250,000 lb (1,020,600
kg). This calculation considers projected
catch from all vessels from the area
outside the SAP. Based on the fishing
year 2024 GB yellowtail flounder
groundfish sub-ACL implemented by
Framework Adjustment 65 of 185,845.7
lb (84,298.2 kg), there is insufficient GB
yellowtail flounder to allocate any trips
to the SAP. Further, given the low GB
yellowtail flounder catch limit, catch
rates outside of this SAP are more than
adequate to fully harvest the 2024 GB
yellowtail flounder allocation.
If approved, Framework Adjustment
66 would reduce the 2024 GB yellowtail
flounder sub-ACL. As a result, NMFS
does not expect the final rule
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3.0
4.7
68.1
6.9
0.9
1.6
22.5
105.3
22.3
3.5
29.1
17.3
4.9
34.2
Trimester 2
3.7
3.2
83.3
6.7
1.5
2.1
10.2
11.4
8.1
10.6
29.9
21.5
4.0
42.8
Trimester 3
4.1
1.7
100.9
12.1
2.5
3.9
6.7
25.6
10.2
29.9
19.7
30.5
4.0
45.2
implementing Framework 66, if
approved, would change the
determination to allocate no trips to the
SAP to target yellowtail flounder.
Regular B DAS Program
The regulations at § 648.85(b)(6)(vi)
authorize the Regional Administrator to
close the Regular B DAS program by
prohibiting the use of Regular B DAS
when the continuation of the program
would undermine the achievement of
the objectives of the Northeast
Multispecies FMP or the Regular B DAS
Program. One reason for terminating the
program is an inability to constrain
common pool catches to the Incidental
Catch TACs.
Framework Adjustment 65
implemented Common Pool Incidental
Catch TACs for the Regular B DAS
Program for the 2024 fishing year (table
4). These TACs are further divided into
Quarterly Incidental Catch TACs to be
monitored and managed during each
calendar quarter.
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Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Rules and Regulations
25819
TABLE 4—FISHING YEAR TOTAL AND QUARTERLY INCIDENTAL CATCH TACS FOR THE REGULAR B DAS PROGRAM
[Mt, live weight]
Total
incidental
catch TAC
(mt)
Stock
Quarterly incidental catch TAC (mt)
1st quarter
(13 percent)
2nd quarter
(29 percent)
3rd quarter
(29 percent)
4th quarter
(29 percent)
2024
GB Cod ................................................................................
GOM Cod .............................................................................
GB Yellowtail Flounder ........................................................
CC/GOM Yellowtail Flounder ...............................................
American Plaice ...................................................................
Witch Flounder .....................................................................
SNE/MA Winter Flounder ....................................................
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Given that the Incidental Catch TACs
allocated to the Regular B DAS Program
for several stocks are very small, inseason management of the Regular B
DAS Program is likely to be extremely
difficult and impractical.
Implementation of an in-season action
to close the Regular B DAS Program
once a Quarterly Incidental Catch TAC
for a stock has been reached would not
be possible to complete quickly enough
to prevent further catch of that stock.
As a result, it is unlikely that catch
can be effectively limited to the
Incidental Catch TACs during fishing
year 2024, and we project that
continuation of the program would
undermine the achievement of the
objectives of the Northeast Multispecies
FMP and the Regular B DAS Program.
The Regular B DAS Program will be
closed and use of Regular B DAS is
prohibited for the 2024 fishing year,
through April 30, 2025. This applies to
all vessels issued a limited access
Northeast multispecies permit.
Classification
This action is authorized by 50 CFR
part 648 and is exempt from review
under Executive Order 12866.
The Assistant Administrator for
Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5
U.S.C. 553(d)(3) to waive prior notice
and the opportunity for public comment
and the 30-day delayed effectiveness
period because it would be contrary to
the public interest and is unnecessary.
Regulations at § 648.86(o) provide that
the Regional Administrator may adjust
the Northeast multispecies possession
and trip limits for common pool vessels
in order to prevent the overharvest or
under-harvest of the pertinent common
pool quotas. This action sets the initial
common pool possession and trip limits
on May 1, 2024, for the 2024 fishing
year. The possession and trip limits
implemented through this action help to
ensure that the Northeast multispecies
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common pool fishery may achieve the
optimum yield for the relevant stocks,
while controlling catch to help prevent
in-season closures or quota overages.
Delay of this action would leave the
common pool fishery with the
possession and trip limits found in
§ 648.86, which are too high to control
catch. This would likely lead to early
closure of a trimester and quota
overages. Any overage of the quota for
either of the first two trimesters must be
deducted from the Trimester 3 quota,
which could substantially disrupt the
trimester structure and intent to
distribute the fishery across the entire
fishing year. An overage reduction in
Trimester 3 would further reduce
fishing opportunities for common pool
vessels and likely result in early closure
of Trimester 3. Additionally, any
overage of the annual quota would be
deducted from common pool’s quota for
the next fishing year, to the detriment of
this stock and diminishing fishing
opportunities in the following fishing
year.
To ensure proper carrying out of the
FMP’s Closed Area II Yellowtail
Flounder/Haddock SAP, regulations at
§ 648.85(b)(3)(vii) provide that the
Regional Administrator is responsible
for announcing the appropriate total
number of allowed trips by common
pool vessels that may be declared into
the Closed Area II Yellowtail Flounder/
Haddock SAP on or about June 1. The
Regional Administrator’s announcement
ensures that the fishing industry has
sufficient notice in order to plan their
activities in the new fishing year. This
action occurs annually. Industry
participants are accustomed to it and
expect its timely implementation. No
trips have been allocated to this SAP
from fishing year 2010 to fishing year
2023.
Regulations at § 648.85(b)(6)(vi)
provide that the Regional Administrator
may close the Regular B DAS program
by prohibiting the use of Regular B DAS
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when the Regional Administrator
projects that continuation of the
program would undermine the
achievement of the objectives of the
Northeast Multispecies FMP or the
Regular B DAS Program. The Regular B
DAS program closure implemented
through this action will prevent an
overage of the Incidental Catch TACs.
Delay of this action would provide
vessel owners an opportunity to
participate in the Regular B DAS
Program, but participation and catch in
the program may likely exceed the
allocation. Exceeding the allocation is
against the public’s interest of achieving
optimum yield.
In addition to the adverse
consequences of exceeding the
allocation, delaying implementation of
this action for prior notice and
opportunity for comment is
unnecessary. These processes and
criteria for determinations were
established with prior notice and
opportunity for comment. They were
established to provide for regular and
timely implementation of necessary
catch limits to avoid adverse economic
or ecological consequences that are not
in the public interest. Further, adjusting
catch limits in accordance with current
conditions and limits provides
participants with the maximum fishing
opportunities practicable that avoid
excess catch and potential overfishing.
Fishing industry participants and other
stakeholders expect these actions to
occur annually and in-season. These
actions are regular occurrences to which
participants have become accustomed.
This action must be implemented prior
to May 1, 2024, to avoid adverse
impacts on common pool fishery stocks
and participants by ensuring that the
fishery’s catch limits are not exceeded.
This action was originally intended to
be included in the Final Rule for
Framework 66. The agency only
recently had sufficient information to
determine that Framework 66 may not
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Federal Register / Vol. 89, No. 72 / Friday, April 12, 2024 / Rules and Regulations
be in effect prior to May 1, 2024, and
that publication of this notice as a
separate in-season action was necessary
to ensure that these measures are
implemented at the start of fishing year
2024 on May 1, 2024.
For the reasons above, delay of this
action for additional prior notice and
the opportunity for public comment and
the 30-day delayed effectiveness period
are unnecessary and against the public
interest because they would undermine
management objectives of the FMP and
cause unnecessary negative economic
impacts to the common pool fishery.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 8, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–07744 Filed 4–11–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 240405–0100]
RIN 0648–BM84
Fisheries of the Northeastern United
States; 2024 and Projected 2025
Specifications for the Atlantic Mackerel
Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS approves and
implements the 2024 specifications and
projected 2025 specifications for
Atlantic mackerel as recommended by
the Mid-Atlantic Fishery Management
Council. These specifications establish
allowable harvest levels that will
prevent overfishing, consistent with the
most recent scientific information.
DATES: Effective April 12, 2024.
ADDRESSES: A Supplemental
Information Report (SIR) was prepared
for these specifications. Copies of the
SIR are available on request from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, Suite 201, 800
North State Street, Dover, DE 19901.
The SIR is also accessible via the
internet at https://www.mafmc.org/
supporting-documents.
Copies of the small entity compliance
guide are available from Michael
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:52 Apr 11, 2024
Jkt 262001
Pentony, Regional Administrator,
NMFS, Greater Atlantic Regional
Fisheries Office, 55 Great Republic
Drive, Gloucester, MA 01930–2298, or
available on the internet at https://
www.greateratlantic.fisheries.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Carly Bari, Fishery Policy Analyst, (978)
281–9150, or carly.bari@noaa.gov.
SUPPLEMENTARY INFORMATION:
General Background
The Mid-Atlantic Fishery
Management Council (Council) manages
the Atlantic mackerel fishery under the
Mackerel, Squid, and Butterfish Fishery
Management Plan (FMP). The
regulations implementing the FMP
require the Council’s Mackerel, Squid,
and Butterfish Monitoring Committee to
develop specification recommendations
based upon the acceptable biological
catch (ABC) advice of the Council’s
Scientific and Statistical Committee
(SSC). Specifications are the combined
suite of commercial and recreational
catch levels and management measures
necessary to prevent such catch levels
from being exceeded. As part of this
process, the Council sets specifications
for up to 3 years. These specifications
are reviewed annually and may be
revised by the Council based on
updated information.
The Council’s final action on these
specifications was delayed to its
December 2023 meeting because the
2023 Atlantic mackerel stock
assessment required additional peer
review in late fall 2023 after the
assessment indicated a change in the
stock status. The stock status changed
from experiencing overfishing to not
experiencing overfishing. Although this
change in stock status may appear to
reflect an improvement in stock
condition, the change is the result of
significant catch reductions that were
implemented in 2021, 2022, and 2023.
The preliminary stock assessment,
which was still subject to peer review,
showed an unexpected failure of the
Atlantic mackerel stock to rebuild, and
updated projections suggested that
Atlantic mackerel overfishing could
occur in 2023 if the full Atlantic
mackerel commercial quota (i.e., 3,639
metric tons (mt)) was harvested.
However, because the peer review of the
assessment was not complete, the SSC
was unable to provide its ABC
recommendation and the Council was
unable to make its recommendations on
the 2024 specifications. Based on the
preliminary assessment information,
however, the Council requested at its
August 2023 meeting that NMFS take
emergency action to limit the directed
PO 00000
Frm 00072
Fmt 4700
Sfmt 4700
Atlantic mackerel fishery for the
remainder of 2023 and until these
specifications are implemented. On
October 13, 2023, NMFS published an
interim rule that reduced the Atlantic
mackerel catch by instituting trip limits
of 20,000 pounds (lb) (9.08 mt) for
limited access permits and 5,000 lb
(2.27 mt) for open access permits (see 88
FR 70909). These interim measures
expire upon publication of this rule or
on April 10, 2024, whichever is sooner.
2024 and Projected 2025 Specifications
The Council’s SSC met in October
2023 to review the peer-reviewed
management track assessment, which
showed an unexpected failure of the
Atlantic mackerel stock to rebuild.
Based on this information, the SSC
recommended an averaged 2024–2025
ABC of 3,200 mt. These specifications
also include deductions for the expected
Canadian catch of 74 mt, estimated
recreational catch of 2,143 mt, and
estimated commercial discards of 115
mt to set a commercial quota of 868 mt.
This commercial quota is a 76-percent
decrease from the original 2023
commercial quota.
TABLE 1—SUMMARY OF 2024 AND
PROJECTED 2025 ATLANTIC MACKEREL FISHERY SPECIFICATIONS
Specifications
ABC/ACL ..............................
Canadian Catch Deduction ..
Recreational Catch Deduction ....................................
Commercial Discards ...........
Commercial Quota ................
Metric tons
3,200
74
2,143
115
868
Because of the low-resulting
commercial quota, these specifications
also implement reduced Atlantic
mackerel catch by instituting trip limits
of 20,000 lb (9.08 mt) for all limited
access permits and 5,000 lb (2.27 mt) for
open access permits. These trip limits
are unchanged from those in the interim
rule. When 80 percent of the
commercial quota is harvested, the trip
limits will be further reduced to 10,000
lb (4.54 mt) for all limited access
permits and 2,500 lb (1.13 mt) for open
access permits. The recreational
possession limit will remain status quo
at 20 fish per person.
On February 1, 2023, NMFS approved
Amendment 23 to the Mackerel, Squid,
and Butterfish FMP and implemented a
revised rebuilding plan for the Atlantic
mackerel stock (see 88 FR 6665). The
reductions in ABC and trip limits
included in this rule were determined to
be necessary to maintain the timeline by
which the Atlantic mackerel stock is
E:\FR\FM\12APR1.SGM
12APR1
]]>Agencies
[Federal Register Volume 89, Number 72 (Friday, April 12, 2024)]
[Rules and Regulations]
[Pages 25816-25820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-07744]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 240318-0082; RTID 0648-XD843]
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Common Pool Fishery and Other Measures for
Fishing Year 2024
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Temporary rule; possession and trip limit implementation.
-----------------------------------------------------------------------
SUMMARY: This action implements measures for the Northeast multispecies
common pool fishery and other measures under Regional Administrator
authority for the 2024 fishing year. This action is necessary to ensure
that the Northeast multispecies common pool fishery may achieve the
optimum yield for the relevant stocks, while controlling catch to help
prevent in-season closures or quota overages. These measures include
possession and trip limits, the allocation of zero trips into the
Closed Area II Yellowtail Flounder/Haddock Special Access Program for
common pool vessels to target yellowtail flounder, and the closure of
the Regular B Days-at-Sea Program.
DATES: Effective at 0001 hours on May 1, 2024, through April 30, 2025.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy
Analyst, 978-281-9232.
SUPPLEMENTARY INFORMATION: The Northeast Multispecies Fishery
Management Plan (FMP) regulations allow the Regional Administrator to
implement possession limits for the common pool fishery, the U.S./
Canada
[[Page 25817]]
Management Area, and Special Management Programs. This action
implements a number of these management measures for the 2024 fishing
year, effective May 1, 2024.
Common Pool Trip Limits
Regulations at 50 CFR 648.86(o) provide that the Regional
Administrator may implement or adjust a per-Day-at-Sea (DAS) possession
limit and/or a maximum trip limit in order to prevent exceeding the
common pool sub-annual catch limit (sub-ACL) in that fishing year. The
possession and trip limits for the start of the 2024 fishing year are
included in tables 1 and 2 below. These possession and trip limits were
developed based on the common pool sub-ACLs that will be in effect on
May 1, 2024, including those set by Framework Adjustment 65 to the FMP
and those that are in place as default specifications consistent with
the current regulations at Sec. 648.90(a)(3). NMFS considered
preliminary 2024 sector rosters, expected common pool participation,
and common pool fishing activity in previous fishing years. NMFS will
continue to monitor common pool catch through vessel trip reports,
dealer-reported landings, vessel monitoring system catch reports, and
other available information and, if necessary, will make further
adjustments to common pool management measures based on common pool
catch.
During its December 2023 meeting, the New England Fishery
Management Council adopted Framework Adjustment 66 to the Northeast
Multispecies FMP, which, if approved, would modify the common pool sub-
ACLs for several stocks. On March 22, 2024, NMFS published a proposed
rule for Framework 66, with a comment period ending on April 8, 2024
(89 FR 20412). It is possible that the final rule for that action is
not in effect until after the beginning of the fishing year. In that
case, default specifications for white hake and redfish would be in
place until that rule is final. When developing the trip limits in this
action, NMFS considered the Council-recommended sub-ACLs that may be
implemented in Framework 66. Framework 66's proposed sub-ACLs are not
sufficiently different from the Framework 65's sub-ACLs to alter NMFS'
projections and recommendations. Thus, in addition to appropriately
addressing specifications that would be in place on May 1, 2024, the
trip limits in this action are expected to avoid exceeding, but not to
overly constrain catch in a manner that would prevent achieving, any
sub-ACLs or trimester total allowable catch (TAC) that may be
implemented by Framework 66. Based on this information, NMFS projects
that these adjustments will facilitate optimized harvest of the common
pool quotas, while preventing early trimester closures, and preventing
catch from exceeding the 2024 fishing year sub-ACLs.
For Handgear A and Handgear B vessels, possession and trip limits
for Georges Bank (GB) and Gulf of Maine (GOM) cod are dependent on the
possession and trip limits for groundfish DAS vessels. The default cod
trip limit is 300 pounds (lb) (136 kilograms (kg)) for Handgear A
vessels and 75 lb (34 kg) for Handgear B vessels. If the GOM or GB cod
limit for vessels fishing on a groundfish DAS drops below 300 lb (136
kg), then the respective Handgear A cod trip limit must be reduced to
the same limit. Similarly, the Handgear B trip limit must be adjusted
proportionally to the DAS limit (rounded up to the nearest 25 lb (11
kg)). In accordance with this process, the Handgear A and Handgear B
possession and trip limits for GB and GOM cod are as listed below in
table 2.
Vessels with a Small Vessel category permit can possess up to 300
lb (136 kg) of cod, haddock, and yellowtail flounder, combined, per
trip. Additionally, for these vessels, the trip limit for all stocks is
equal to the landing limits per DAS applicable to multispecies DAS
vessels. This is necessary to ensure that the trip limit applicable to
the Small Vessel category permit is consistent with the trip limits for
other common pool vessels, as described above.
Weekly quota monitoring reports for the common pool fishery can be
found on NMFS' website at: https://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/h/nemultispecies.html. NMFS will continue to monitor common pool catch
through vessel trip reports, dealer-reported landings, vessel
monitoring system catch reports, and other available information and,
if necessary, will make additional adjustments to common pool
management measures.
Table 1--2024 Fishing Year Common Pool Possession and Trip Limits
------------------------------------------------------------------------
Stock 2024 trip limit
------------------------------------------------------------------------
GB Cod (outside Eastern U.S./Canada 100 lb (45.4 kg) per DAS, up to
Area). 200 lb (90.7 kg) per trip.
GB Cod (inside Eastern U.S./Canada
Area).
GB Cod [Closed Area II Yellowtail 500 lb (226.8 kg) per trip.
Flounder/Haddock Special Access
Program(SAP) (for targeting haddock)].
GOM Cod................................ 150 lb (68 kg) per DAS, up to
300 lb (136.1 kg) per trip.
GB Haddock............................. 50,000 lb (22,679.6 kg) per
trip.
GOM Haddock............................ 1,000 lb (453.6 kg) per DAS, up
to 2,000 lb (907.2 kg) per
trip.
GB Yellowtail Flounder................. 100 lb (45.4 kg) per trip.
Southern New England/Mid-Atlantic (SNE/ 200 lb (90.7 kg) per DAS, up to
MA) Yellowtail Flounder. 400 lb (181.4 kg) per trip.
Cape Cod (CC)/GOM Yellowtail Flounder.. 1,500 lb (680.4 kg) per DAS, up
to 3,000 lb (1,360.8 kg) per
trip.
American plaice........................ 3,000 lb (1,360.8 kg) per DAS,
up to 6,000 lb (2,721.6 kg)
per trip.
Witch Flounder......................... 1,500 lb (680.4 kg) per trip.
GB Winter Flounder..................... 500 lb (226.8 kg) per trip.
GOM Winter Flounder.................... 2,000 lb (907.2 kg) per trip.
SNE/MA Winter Flounder................. 2,000 lb (907.2 kg) per DAS, up
to 4,000 lb (1,814.4 kg) per
trip.
Redfish................................ Unlimited.
White hake............................. 750 lb (340.2 kg) per trip.
Pollock................................ Unlimited.
Atlantic Halibut....................... 1 fish per trip.
Windowpane Flounder.................... Possession Prohibited.
Ocean Pout.............................
Atlantic Wolffish......................
------------------------------------------------------------------------
Note: Minimum fish sizes apply for many groundfish species, but are not
included in this rule. Please see 50 CFR 648.83 for applicable minimum
fish sizes.
[[Page 25818]]
Table 2--2024 Fishing Year Cod Trip Limits for Handgear A, Handgear B,
and Small Vessel Category Permits
------------------------------------------------------------------------
Permit Initial 2024 trip limit
------------------------------------------------------------------------
Handgear A GOM Cod..................... 150 lb (68 kg) per trip.
Handgear A GB Cod...................... 100 lb (45.4 kg kg) per trip.
Handgear B GOM Cod..................... 25 lb (11 kg) per trip.
Handgear B GB Cod...................... 25 lb (11 kg) per trip.
Small Vessel Category.................. 300 lb (136.1 kg) of cod,
haddock, and yellowtail
flounder combined;
additionally, vessels are
limited to the common pool DAS
limit for all stocks.
------------------------------------------------------------------------
Table 3 includes the initial common pool trimester TACs for fishing
year 2024. These trimester TACs are based on preliminary sector
rosters. However, individual permit holders have until the end of the
2023 fishing year (April 30, 2024) to drop out of a sector and fish in
the common pool fishery for the 2024 fishing year. Therefore, it is
possible that the sector and common pool catch limits, including the
trimester TACs, may change due to changes in sector rosters. If changes
to sector rosters occur that require updated catch limits and/or
possession and trip limits, these will be announced as soon as
practicable in the 2024 fishing year to reflect the final sector
rosters as of May 1, 2024.
Table 3--Initial Common Pool Trimester Total Allowable Catches for Fishing Year 2024
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
Trimester total allowable catches
Stock -----------------------------------------------
Trimester 1 Trimester 2 Trimester 3
----------------------------------------------------------------------------------------------------------------
GB Cod.......................................................... 3.0 3.7 4.1
GOM Cod......................................................... 4.7 3.2 1.7
GB Haddock...................................................... 68.1 83.3 100.9
GOM Haddock..................................................... 6.9 6.7 12.1
GB Yellowtail Flounder.......................................... 0.9 1.5 2.5
SNE/MA Yellowtail Flounder...................................... 1.6 2.1 3.9
CC/GOM Yellowtail Flounder...................................... 22.5 10.2 6.7
American Plaice................................................. 105.3 11.4 25.6
Witch Flounder.................................................. 22.3 8.1 10.2
GB Winter Flounder.............................................. 3.5 10.6 29.9
GOM Winter Flounder............................................. 29.1 29.9 19.7
Redfish......................................................... 17.3 21.5 30.5
White Hake...................................................... 4.9 4.0 4.0
Pollock......................................................... 34.2 42.8 45.2
----------------------------------------------------------------------------------------------------------------
Closed Area II Yellowtail Flounder/Haddock Special Access Program
The regulations at Sec. 648.85(b)(vii) allow the Regional
Administrator to determine the total number of common pool trips that
may be declared into the Closed Area II Yellowtail Flounder/Haddock SAP
to target yellowtail flounder. This action allocates zero trips for
common pool vessels to target yellowtail flounder within the Closed
Area II Yellowtail Flounder/Haddock SAP for fishing year 2024. As a
result, this SAP is only open to target haddock, from August 1, 2024,
through January 31, 2025. Northeast multispecies vessels fishing in the
SAP must fish with a haddock separator trawl, a Ruhle trawl, or hook
gear.
The Regional Administrator determines the allocation of the total
number of trips into the Closed Area II Yellowtail Flounder/Haddock SAP
based on several criteria, including the GB yellowtail flounder catch
limit and the amount of GB yellowtail flounder caught outside of the
SAP. Allocating trips to target yellowtail flounder in the Closed Area
II Yellowtail Flounder/Haddock SAP is discretionary if the available GB
yellowtail flounder catch is insufficient to support at least 150 trips
with a 15,000-lb (6,804-kg) trip limit, for a total catch of 2,250,000
lb (1,020,600 kg). This calculation considers projected catch from all
vessels from the area outside the SAP. Based on the fishing year 2024
GB yellowtail flounder groundfish sub-ACL implemented by Framework
Adjustment 65 of 185,845.7 lb (84,298.2 kg), there is insufficient GB
yellowtail flounder to allocate any trips to the SAP. Further, given
the low GB yellowtail flounder catch limit, catch rates outside of this
SAP are more than adequate to fully harvest the 2024 GB yellowtail
flounder allocation.
If approved, Framework Adjustment 66 would reduce the 2024 GB
yellowtail flounder sub-ACL. As a result, NMFS does not expect the
final rule implementing Framework 66, if approved, would change the
determination to allocate no trips to the SAP to target yellowtail
flounder.
Regular B DAS Program
The regulations at Sec. 648.85(b)(6)(vi) authorize the Regional
Administrator to close the Regular B DAS program by prohibiting the use
of Regular B DAS when the continuation of the program would undermine
the achievement of the objectives of the Northeast Multispecies FMP or
the Regular B DAS Program. One reason for terminating the program is an
inability to constrain common pool catches to the Incidental Catch
TACs.
Framework Adjustment 65 implemented Common Pool Incidental Catch
TACs for the Regular B DAS Program for the 2024 fishing year (table 4).
These TACs are further divided into Quarterly Incidental Catch TACs to
be monitored and managed during each calendar quarter.
[[Page 25819]]
Table 4--Fishing Year Total and Quarterly Incidental Catch TACs for the Regular B DAS Program
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
Total Quarterly incidental catch TAC (mt)
incidental ---------------------------------------------------------------
Stock catch TAC (mt)
---------------- 1st quarter 2nd quarter 3rd quarter 4th quarter
2024 (13 percent) (29 percent) (29 percent) (29 percent)
----------------------------------------------------------------------------------------------------------------
GB Cod.......................... 0.11 0.01 0.03 0.03 0.03
GOM Cod......................... 0.11 0.01 0.03 0.03 0.03
GB Yellowtail Flounder.......... 0.05 0.01 0.01 0.01 0.01
CC/GOM Yellowtail Flounder...... 0.48 0.06 0.14 0.14 0.14
American Plaice................. 7.27 0.94 2.11 2.11 2.11
Witch Flounder.................. 2.06 0.27 0.60 0.60 0.60
SNE/MA Winter Flounder.......... 0.53 0.07 0.15 0.15 0.15
----------------------------------------------------------------------------------------------------------------
Given that the Incidental Catch TACs allocated to the Regular B DAS
Program for several stocks are very small, in-season management of the
Regular B DAS Program is likely to be extremely difficult and
impractical. Implementation of an in-season action to close the Regular
B DAS Program once a Quarterly Incidental Catch TAC for a stock has
been reached would not be possible to complete quickly enough to
prevent further catch of that stock.
As a result, it is unlikely that catch can be effectively limited
to the Incidental Catch TACs during fishing year 2024, and we project
that continuation of the program would undermine the achievement of the
objectives of the Northeast Multispecies FMP and the Regular B DAS
Program. The Regular B DAS Program will be closed and use of Regular B
DAS is prohibited for the 2024 fishing year, through April 30, 2025.
This applies to all vessels issued a limited access Northeast
multispecies permit.
Classification
This action is authorized by 50 CFR part 648 and is exempt from
review under Executive Order 12866.
The Assistant Administrator for Fisheries, NOAA, finds good cause
pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior
notice and the opportunity for public comment and the 30-day delayed
effectiveness period because it would be contrary to the public
interest and is unnecessary.
Regulations at Sec. 648.86(o) provide that the Regional
Administrator may adjust the Northeast multispecies possession and trip
limits for common pool vessels in order to prevent the overharvest or
under-harvest of the pertinent common pool quotas. This action sets the
initial common pool possession and trip limits on May 1, 2024, for the
2024 fishing year. The possession and trip limits implemented through
this action help to ensure that the Northeast multispecies common pool
fishery may achieve the optimum yield for the relevant stocks, while
controlling catch to help prevent in-season closures or quota overages.
Delay of this action would leave the common pool fishery with the
possession and trip limits found in Sec. 648.86, which are too high to
control catch. This would likely lead to early closure of a trimester
and quota overages. Any overage of the quota for either of the first
two trimesters must be deducted from the Trimester 3 quota, which could
substantially disrupt the trimester structure and intent to distribute
the fishery across the entire fishing year. An overage reduction in
Trimester 3 would further reduce fishing opportunities for common pool
vessels and likely result in early closure of Trimester 3.
Additionally, any overage of the annual quota would be deducted from
common pool's quota for the next fishing year, to the detriment of this
stock and diminishing fishing opportunities in the following fishing
year.
To ensure proper carrying out of the FMP's Closed Area II
Yellowtail Flounder/Haddock SAP, regulations at Sec. 648.85(b)(3)(vii)
provide that the Regional Administrator is responsible for announcing
the appropriate total number of allowed trips by common pool vessels
that may be declared into the Closed Area II Yellowtail Flounder/
Haddock SAP on or about June 1. The Regional Administrator's
announcement ensures that the fishing industry has sufficient notice in
order to plan their activities in the new fishing year. This action
occurs annually. Industry participants are accustomed to it and expect
its timely implementation. No trips have been allocated to this SAP
from fishing year 2010 to fishing year 2023.
Regulations at Sec. 648.85(b)(6)(vi) provide that the Regional
Administrator may close the Regular B DAS program by prohibiting the
use of Regular B DAS when the Regional Administrator projects that
continuation of the program would undermine the achievement of the
objectives of the Northeast Multispecies FMP or the Regular B DAS
Program. The Regular B DAS program closure implemented through this
action will prevent an overage of the Incidental Catch TACs. Delay of
this action would provide vessel owners an opportunity to participate
in the Regular B DAS Program, but participation and catch in the
program may likely exceed the allocation. Exceeding the allocation is
against the public's interest of achieving optimum yield.
In addition to the adverse consequences of exceeding the
allocation, delaying implementation of this action for prior notice and
opportunity for comment is unnecessary. These processes and criteria
for determinations were established with prior notice and opportunity
for comment. They were established to provide for regular and timely
implementation of necessary catch limits to avoid adverse economic or
ecological consequences that are not in the public interest. Further,
adjusting catch limits in accordance with current conditions and limits
provides participants with the maximum fishing opportunities
practicable that avoid excess catch and potential overfishing. Fishing
industry participants and other stakeholders expect these actions to
occur annually and in-season. These actions are regular occurrences to
which participants have become accustomed. This action must be
implemented prior to May 1, 2024, to avoid adverse impacts on common
pool fishery stocks and participants by ensuring that the fishery's
catch limits are not exceeded. This action was originally intended to
be included in the Final Rule for Framework 66. The agency only
recently had sufficient information to determine that Framework 66 may
not
[[Page 25820]]
be in effect prior to May 1, 2024, and that publication of this notice
as a separate in-season action was necessary to ensure that these
measures are implemented at the start of fishing year 2024 on May 1,
2024.
For the reasons above, delay of this action for additional prior
notice and the opportunity for public comment and the 30-day delayed
effectiveness period are unnecessary and against the public interest
because they would undermine management objectives of the FMP and cause
unnecessary negative economic impacts to the common pool fishery.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 8, 2024.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. 2024-07744 Filed 4-11-24; 8:45 am]
BILLING CODE 3510-22-P
