Northeast Multispecies Fishing Year 2019 Regulations for the Common Pool

Update on Framework Adjustment 58 to the Groundfish Fishery Management Plan

Due to the 35-day partial Federal government shutdown resulting from a lapse in appropriations, there was a delay in the rulemaking process for Framework 58. On April 19, 2019, we published a proposed rule in the Federal Register seeking comment on the proposed Framework 58 measures. The public comment period is open through May 6, 2019. As explained in more detail below, if approved, Framework 58 would change several management measures for the 2019 fishing year, including catch limits for several stocks.

Initial Fishing Year 2019 Catch Limits

Last year, Framework 57 set catch limits for all groundfish stocks except Eastern Georges Bank cod for fishing years 2018–2020. These quotas will be in effect on May 1, 2019. The U.S./Canada quotas are shown in Table 1 and the quotas for all groundfish stocks are shown in Table 2 below. The Eastern Georges Bank cod catch limit will be set at 35 percent of the 2018 catch limit from May 1 through July 31, unless replaced by the catch limit proposed in Framework 58. 

If Framework 58 is approved, the 2019 catch limits for Georges Bank (GB) cod, Gulf of Maine (GOM) cod, GB haddock, GB yellowtail flounder, witch flounder, GB winter flounder, GOM winter flounder, and Atlantic halibut will change. The GOM cod ACL was exceeded in fishing year 2017 and Framework 58 implements the pound-for-pound reduction required for sectors and the common pool to pay back this overage. Catch limits for GB cod, GB haddock, witch flounder, and GB winter flounder will increase, and catch limits for GOM cod, GB yellowtail flounder, GOM winter flounder, and Atlantic halibut will decrease. There will be no changes for the remaining 12 stocks.    

Because vessels may drop from sector rosters and join the common pool through April 30, 2019, the sector and common pool allocations included in this bulletin may change. Also, after we finalize fishing year 2018 catch information, we will subtract any sector or common pool overages. Any necessary adjustments to the 2019 catch limits will be made in a future management action as close to May 1 as possible. 

Table 1.  Initial 2019 Fishing Year U.S./Canada Groundfish Total Allowable Catches (TACs)

Closed Area II Yellowtail Flounder/Haddock Special Access Program

The Closed Area II Yellowtail Flounder/Haddock Special Access Program (SAP) is closed to targeting yellowtail flounder in fishing year 2019. Vessels are not allowed to fish in this SAP using flounder trawl nets. Northeast multispecies vessels may fish in this SAP in 2019 to target haddock, but must fish with a haddock separator trawl, a Ruhle trawl, or hook gear. For common pool vessels, this SAP is open from August 1, 2019 through January 31, 2020. For sector vessels, this SAP is open from May 1, 2019 through January 31, 2020.

Table 2.  Fishing Year 2019 Catch Limits (mt, live weight)

¹Updated catch limits based on final sector rosters and 2018 catch information will be announced as soon as possible in the 2019 fishing year.

GB = Georges Bank

GOM = Gulf of Maine

SNE/MA = southern New England/mid-Atlantic

CC/GOM = Cape Cod/Gulf of Maine

N = northern

S = southern.

Seasonal Closed Areas

Commercial vessels remain subject to groundfish year-round and seasonal closed areas.  As a reminder, seasonal closed areas are shown in Figure 1, below. The GOM Cod Protection Closures are shown in Figure 2 below. More information on groundfish closed areas can be found in the Closed Area Regulations Northeast Multispecies Information Sheet. 

Figure 1. Seasonal Closed Areas

GOM Cod Spawning Protection Area “Whaleback”

The GOM Cod Spawning Protection Area is closed from April 1 through June 30 to all fishing vessels with the following exceptions: charter and party or recreational vessels, provided that pelagic hook and line gear is used, and there is no retention of regulated Northeast multispecies or ocean pout; and vessels fishing with exempted gears (spears, rakes, diving gear, cast nets, tongs, harpoons, weirs, dip nets, stop nets, pound nets, pots and traps, purse seines, surf clam/quahog dredge gear, pelagic hook and line, pelagic longlines, single pelagic gillnets, shrimp trawls (with properly configured grates)).

Recreational and commercial vessels are allowed to transit the GOM Cod Spawning Protection Area, provided all gear is stowed in accordance with the regulations as described in 50 CFR 648.2.

Spring Massachusetts Bay Spawning Protection Area

The Spring Massachusetts Bay Spawning Protection Area depicted above is closed from April 15 through April 30 to all fishing vessels, with the exception of charter/party, private recreational vessels, and vessels fishing with exempted gear.  Additionally, vessels participating in the purse seine exempted fishery may fish in the Spring Massachusetts Bay Spawning Protection Area.

Charter and party vessels fishing in the Spring Massachusetts Bay Spawning Protection Area with gear capable of catching Northeast multispecies must have a Letter of Authorization (LOA) from the Regional Administrator to enter or fish in these areas (additional requirements also apply). An LOA may be obtained by calling the Permit Office at (978) 281-9370.

Winter Massachusetts Bay Spawning Protection Area

The Winter Massachusetts Bay Spawning Protection Area depicted above is closed from November 1 through January 31 to all fishing vessels, with the following exceptions: charter and party or recreational vessels, provided that pelagic hook and line gear is used, and there is no retention of regulated Northeast multispecies or ocean pout; and vessels fishing with exempted gears.

Closed Area I North Seasonal Closure

The Closed Area I North Seasonal Closure depicted above is closed from February 1 to April 15 to all fishing vessels, with the following exemptions:  vessels fishing with exempted gears; vessels participating in the mid-water trawl exempted fishery; and vessels using sea scallop dredge gear when under a scallop day-at-sea (DAS), or vessels lawfully in a scallop dredge exemption area.

Figure 2. Gulf of Maine Cod Protection Closures

GOM Cod Protection Closures

The GOM Cod Protection Closures depicted above are closed to all fishing vessels with the following exemptions: charter and party vessels; private recreational vessels; vessels fishing on a sector trip or under a handgear A permit within GOM Cod Protection Closures during March and October; vessels fishing with exempted gears; vessels participating in the mid-water trawl exempted fishery; vessels using sea scallop dredge gear when under a scallop DAS, or vessels lawfully in a scallop dredge exemption area; and vessels participating in the Raised Footrope Trawl Exempted Whiting Fishery.

Charter and party vessels fishing in the GOM Cod Protection Closures must have a LOA from the Regional Administrator to enter or fish in these areas (additional requirements also apply). An LOA may be obtained by calling the Permit Office at (978) 281-9370.

Common Pool Measures and Trip Limits

Common pool possession and trip limits are set at the levels summarized in the tables below for the start of the 2019 fishing year. These possession and trip limits, effective at 0001 hours on May 1, 2019, are set through an inseason action that can be found in the Federal Register. These possession and trip limits were developed based on the common pool sub-Annual Catch Limits (sub-ACL) set by Framework 57 that will be in effect on May 1, 2019. We also considered preliminary 2019 sector rosters, expected common pool participation, and common pool fishing activity in previous fishing years. Any landings prior to midnight on April 30, 2019, are subject to the fishing year 2018 landing limits. All landings after 0001 hours on May 1, 2019, are restricted to the fishing year 2019 limits in this bulletin.

Table 3. 2019 Fishing Year Common Pool Possession and Trip Limits

GB = Georges Bank

GOM = Gulf of Maine

SNE/MA = southern New England/mid-Atlantic

CC/GOM = Cape Cod/Gulf of Maine

N = northern

S = southern

Table 4. 2019 Fishing Year Cod Trip Limits for Handgear A, Handgear B, and Small Vessel Category Permits

We will continue to monitor common pool catch relative to quotas, and could further adjust possession and trip limits if necessary to prevent an overage. 

Common Pool Trimester Total Allowable Catches

The common pool catch limit for each stock is divided into trimester TACs:  Trimester 1 (May 1-August 31); Trimester 2 (September 1-December 31); and Trimester 3 (January 1-April 30). If the fishing year 2019 common pool quota is exceeded for any stock, the amount of the overage will be deducted from the common pool’s quota next year (i.e., fishing year 2020). We will announce any overage adjustments as close to May 1, 2020, as possible.

Fishing Year 2019 trimester TACs are listed in Table 5 below. If approved, Framework Adjustment 58 would make minor changes to fishing year 2019 catch limits and thus the fishing year 2019 trimester TACs. 

Additionally, these trimester TACs are based on preliminary sector rosters.  However, individual permit holders have until the end of the 2018 fishing year (April 30, 2019) to drop out of a sector and fish in the common pool fishery for the 2019 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.  Updated catch limits will be announced as soon as possible in the 2019 fishing year to reflect the final sector rosters as of May 1, 2019. 

Area Closures

Once we project that 90 percent of a trimester TAC for a stock is caught, we will close that Trimester TAC Area to common pool vessels fishing with gears capable of catching that stock. The area will remain closed until the end of that trimester, and will re-open at the start of the next trimester. The areas that will close for each stock, and the gears that the closure will apply to, are listed in Table 6.

Please note that the Trimester TAC Areas are made up of one or more Statistical Areas, and are different from the GOM Cod Protection Closures. If a Trimester TAC Area is open while a GOM Cod Protection Closure is in effect, fishing may still occur within Trimester TAC Area, but not within the GOM Cod Protection Closure.

Table 5. Common Pool Trimester Total Allowable Catches for Fishing Year 2019 (mt, live weight)

Table 6.  Common Pool Trimester TAC Area Closures