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Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / Proposed Rules
vessels; and audit trips at a rate of 50
percent. The proposed program also establishes internal protocols and controls for the sector to manage its member vessels participation in EM.
We propose to approve this program for this sector because it is consistent with goals and objectives of monitoring and regulatory requirements.
Previously Granted Exemptions for Fishing Years 2021 and 2022
Previously Granted Exemptions Granted for Fishing Years 2021 and 2022 119
We are granting exemptions from the following requirements for fishing years 2021 and 2022, all of which have been requested and granted in previous years:
1 120-day block out of the fishery required for Day gillnet vessels;
2 20-day spawning block out of the fishery required for all vessels;
3 limits on the number of gillnets for Day gillnet vessels outside the GOM;

4 prohibition on a vessel hauling another vessels 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 vessels hook gear;
11 the requirement to declare an intent to fish in the Eastern U.S./Canada Special Access Program SAP and the Closed Area CA II Yellowtail Flounder/Haddock SAP prior to leaving the dock;
12 seasonal restrictions for the Eastern U.S./Canada Haddock SAP;

13 seasonal restrictions for the CA II
Yellowtail Flounder/Haddock SAP;
14 sampling exemption;
15 6.5-inch minimum mesh size requirement for trawl nets to allow a 5.5-inch codend on directed redfish trips;
16 prohibition on combining smallmesh exempted fishery and sector trips in SNE;
17 extra-large mesh requirement to target dogfish on trips excluded from ASM in SNE and Inshore GB;
18 requirement that Handgear A
vessels carry a Vessel Monitoring System VMS unit when fishing in a single broad stock area BSA; and 19 limits on the number of gillnets for Day gillnet vessels in the GOM.
A detailed description of the previously granted exemptions and supporting rationale can be found in the applicable final rules identified in Table 6 below.

TABLE 6EXEMPTIONS FROM PREVIOUS FISHING YEARS THAT ARE GRANTED IN FISHING YEARS 2021 AND 2022
Exemptions
Rulemaking
Date of publication
12, 49
1011
1214
3, 1516
17
18
19

Fishing Year 2011 Sector Operations Final Rule
Fishing Year 2012 Sector Operations Final Rule
Fishing Year 2013 Sector Operations Interim Final Rule
Fishing Years 20152016 Sector Operations Final Rule
Framework 55 Final Rule
Amendment 18 Final Rule
Fishing Year 2018 Sector Operations Final Rule

April 25, 2011
May 2, 2012
May 2, 2013
May 1, 2015
May 2, 2016
April 21, 2017
May 1, 2018

Citation 76
77
78
80
81
82
83

FR
FR
FR
FR
FR
FR
FR

23076.
26129.
25591.
25143.
26412.
18706.
18965.

Northeast Multispecies Federal Register documents can be found at https www.fisheries.noaa.gov/management-plan/northeast-multispeciesmanagement-plan.

New Exemption Requests We Will Not Approve for Fishing Year 2021

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Minimum Mesh Size for Gillnets Fished in Georges Bank For fishing year 2021, one sector requested a new exemption to allow sector vessels to use 6.0-inch 15.2-cm mesh size to target groundfish in the GB
BSA. Under current regulations, vessels are prohibited from fishing for groundfish with gillnets with mesh smaller than 6.5 inches 16.5 cm in the GOM and GB Regulated Mesh Areas.
Minimum mesh size restrictions 648.80a3i, a4i, b2i, and c2i were implemented under previous groundfish actions to reduce overall mortality on groundfish stocks, change the selection pattern of the fishery to target larger fish, improve survival of sublegal fish, and allow sublegal fish more opportunity to spawn before entering the fishery.
Under the requested exemption, sector vessels would fish with gillnets as small as 6.0 inches 15.2 cm in the GB BSA year-round. Vessels would restrict fishing activity to the GB BSA

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when fishing under the exemption.
Vessels would be restricted to a maximum of 30 gillnets. Soak time would not exceed 24 hours and vessels would retrieve their gear at the end of each trip. Participating sectors would monitor exemption usage to ensure that haddock catch makes up 75 percent or more of the total catch, based on a running three trip average. The intent of the request is to allow vessels fishing with gillnets to target GB haddock, a healthy groundfish stock.
We previously approved similar exemptions in fishing years 20102012, which allowed vessels to use 6.0-inch 15.2-cm mesh gillnets to target haddock in the Gulf of Maine, however, these exemptions were disapproved in 2013 78 FR 25591; May 2, 2013 due to concerns about GOM haddock stock status, which was poor at the time, and potential impacts on protected species.
Despite improved stock status of GOM
haddock, we have not re-approved an exemption in the GOM because of concerns about bycatch of GOM cod, which is in poor condition.

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We are denying the request in this years sector operations plans. Sectors submitted a similar exemption request last year, which we also denied. While GB haddock is a healthy stock and we are supportive of efforts to increase utilization of GB haddock quota, we are concerned that allowing the use of gillnets smaller than the 6.5-inch 16.5cm minimum mesh size may have an impact on GB cod, given that this stock is overfished and overfishing is occurring. Although some studies have shown increased selectivity of haddock with smaller mesh gillnets, selectivity curves suggest that smaller mesh gillnets will catch more smaller-sized cod and other co-occurring species than larger mesh nets. Industry and researchers have conducted studies to further investigate the selectivity of different gillnet mesh sizes, but these studies relied on limited data, did not directly investigate fishing in the proposed areas, and have yet to be peer reviewed. In addition, changes in the location and intensity of gillnet fishing may have impacts on protected resources, particularly North Atlantic
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