Sector Management in the Northeast Multispecies Fishery
A broad overview of sector management in the Northeast multispecies (groundfish) fishery. The regulations summarized here may be found at 50 CFR part 648. Please contact the Sustainable Fisheries Division at (978) 281-9315 for more information.
What is a Sector?
All vessels with a federal limited access Northeast multispecies permit are eligible to join a groundfish sector. A sector is defined as a group of three distinct persons holding limited access vessel permits, who have voluntarily entered into a contract and agreed to certain fishing restrictions for a specified period of time, and which has been granted a quota in order to achieve objectives consistent with the applicable fishery management plan goals and objectives.
Sectors in the Northeast multispecies fishery are intended to provide fishermen with more flexibility and more direct responsibility for managing the resource. For more information about approved sectors, please visit the current fishing year sectors page or the archive for previously approved operations plans.
Annual Catch Entitlements
On an annual basis, approved sectors receive a quota for allocated groundfish stocks in the form of an annual catch entitlement. Because Atlantic halibut, Atlantic wolfish, ocean pout, and windowpane flounder are not allocated to sectors, they do not receive an annual catch entitlement for these stocks.
Each sector’s annual catch entitlement is based on the potential sector contribution of its participating vessels, which is calculated using each vessels fishing history. Each year an updated potential sector contribution letter is sent to each permit holder, informing them of the potential sector contribution that is attached to their fishing permit.
Because a sector’s effort is restricted by its annual catch entitlement, there are no trip limits for sector vessels with the exception of Atlantic halibut (1 fish per trip). Sector vessels are prohibited from possessing Atlantic wolfish, ocean pout, and windowpane flounder.
All groundfish catch, including landings and discards, by a sector vessel on a sector trip counts against a sector’s annual catch entitlement for that stock. Sector vessels may not discard any legal-sized allocated stock, unless otherwise exempted. At the start of a fishing year, discards are estimated using a sector specific discard rate based upon observer data from the previous fishing year.
Once NOAA Fisheries deems that there are sufficient observer or at-sea monitor data available in-season, a sector-specific in-season discard rate is applied to all trips taken by a sector’s vessels for the remainder of the fishing year. If a trip is observed, the discard rate recorded by the observer or at-sea monitor will be used to document discards for that particular trip instead of using the calculated or in-season discard rate.
Sectors are allowed to carry over up to a maximum of 10 percent of their unused annual catch entitlement from one fishing year to the next for most allocated stocks. The amount of carryover allowed may be reduced as needed to comply with sector regulations and prevent overfishing.
Annual Catch Entitlement Transfer Program
Any portion of a sector’s annual catch entitlement may be temporarily transferred to another sector on an annual basis at any time during the fishing year. For two weeks following reconciliation, sectors with an annual catch entitlement overage for a stock may transfer-in annual catch entitlement for the stock up to the amount of the overage.
Annual catch entitlement transfer requests must be submitted to, and approved by, NOAA Fisheries. Transfer requests may be submitted online by sector managers through the Sector Information Management Module, or they may be submitted in writing. A paper copy of the annual catch entitlement transfer form can be downloaded from the Greater Atlantic Region forms and applications page.
Joint Liability
Under the sector system each member of a sector could be jointly charged with serious violations, even if other sector members were responsible for that violation.
Operations Plan Requirements
Sectors are required to submit an operations plan and contract to NOAA Fisheries prior to the fishing year in which it intends to operate. Operations plans may span either a 1 or 2-year period and must include information about membership, planned fishing activity, and sector rules and enforcement.
Accountability Measures
Accountability measures are triggered when a quota is exceeded, and are designed to correct problems that caused the quota to be exceeded, so future overages can be prevented. The following accountability measures apply to sectors:
- If a sector exceeds its quota for any Northeast multispecies stock allocated to a sector, the sector will be prohibited from fishing in the stock area for that stock, until it has acquired additional quota from another sector.
- Any overages at the end of the fishing year will be deducted from that sector’s quota of each stock for the following fishing year. A sector can balance such an overage by acquiring quota from another sector.
- If a sector disbands at the end of an fishing year following an overage, but does not have sufficient quota to cover the overage, an appropriate days-at-sea, sector share penalty, or fishing prohibition will apply to each permit during the following fishing year, depending on whether that permit enters the common pool, or another sector.
- In addition to sector-specific accountability measures, a sector may be subject to accountability measures for non-allocated stocks, if needed.
For more information about accountability measures, please visit the annual catch limits and accountability measures page.
Sector Exemptions
Universal exemptions
Sector vessels are exempt from certain regulations that apply to common pool vessels. These “universal exemptions” only apply to Northeast multispecies regulations; they do not apply to requirements of other management plans. For example, the Monkfish Fishery Management Plan requires that sector vessels fishing for monkfish must also use a Northeast multispecies Day-at-Sea when fishing under a monkfish Day-at-Sea.
All sector vessels are exempt from the following federal fishing regulations:
- Trip limits on Northeast multispecies stocks for which a sector receives an quota (this does not include Atlantic halibut, ocean pout, windowpane flounder, or Atlantic wolffish).
- Gulf of Maine Cod Protection Closures IV (October) and V (March).
- Northeast multispecies Days-at-Sea restrictions other than those required to comply with effort controls in other fisheries (dogfish, monkfish, and skate).
- The minimum codend mesh size restrictions for trawl gear when using a haddock separator trawl or the Ruhle trawl within the Georges Bank Regulated Mesh Area, provided sector vessels use a codend with 6-inch (15.2-cm) minimum mesh.
Prohibited Exemptions
Sectors cannot request an exemption from the following management measures:
- Closed areas to protect essential fish habitat areas
- Permitting restrictions
- Gear restrictions designed to minimize habitat impacts
- Reporting requirements
Sector-specific Exemptions
In addition to the universal exemptions listed above, a sector may request additional exemptions in its operations plan. Approved exemptions, as well as additional instructions, are listed in a letter of authorization that must be kept on board by all sector vessels. For more information on sector exemptions that are approved for the current fishing year, please see the current fishing year sectors page.
Frequently Asked Questions
How are sectors formed?
To form a sector, three or more people who don’t have ownership interests in one another’s operations must submit an operations plan to NOAA Fisheries and the Northeast Fishery Management Council. The submitted operations plan will be discussed at a Groundfish Committee and full Council meeting, and the Council will provide comments to NOAA Fisheries indicating whether, or not, it supports the formation of a new sector. If endorsed by the Council NOAA Fisheries may approve the formation of a new sector. If the operations plan is approved by NOAA Fisheries, the sector would be eligible to operate during the next fishing year.
What is the difference between a Northeast multispecies sector and an individual fishing quota?
A Northeast multispecies sector is a voluntary group of vessels that is allocated quotas for certain species managed under the Northeast Multispecies Fishery Management Plan on an annual basis, based on the membership of that sector and their catch histories. A quota allocated to a sector under the plan is a management restriction on a group of vessels participating in a sector during a given fishing year, not a permit to harvest fish that can be held for exclusive use by a person. Unlike an Individual Fishing Quota fishery, there is no individual vessel allocation made by NOAA Fisheries, nor is there a permanent allocation that could be fished or transferred.
If I want to fish for Northeast multispecies, do I have to join a sector?
No. Vessel owners are not required to join a sector. Each fishing year a vessel owner may choose to join a sector or not. Sectors are self-selecting and voluntary, which means that the members of a sector may decide who can join and cannot join. Open access permits are not eligible to enroll in sectors and must fish in the common pool.
Are sectors subject to trip limits?
Sector vessels are not subject to trip limits for allocated groundfish stocks. All vessels are prohibited from landing windowpane flounder, ocean pout and Atlantic wolffish. For Atlantic halibut, all vessels are subject to a one-fish per trip limit. Trip limits for non-groundfish species remain in effect; sector vessels may qualify for different limits of non-groundfish stocks depending on their permit type and whether or not they use a day-at-sea.
Are there joint liability issues if you decide to participate in a sector?
Yes. Under Amendment 16, sector members may be held jointly liable for violations of the following requirements: Annual Catch Entitlement overages, discarding of legal-sized fish, and misreporting of catch (including landings and discards).
How do I become eligible to join a sector?
A: All vessels with a federal limited access groundfish permit are eligible to join a groundfish sector, including Handgear A and those with a permit in Confirmation of Permit History.
Are there any regulatory exemptions for vessels who participate in a sector?
Yes, sector vessels are not be subject to:
- Trip limits on Northeast multispecies stocks for which a sector receives an quota (this does not include Atlantic halibut, ocean pout, windowpane flounder, or Atlantic wolffish).
- Gulf of Maine Cod Protection Closures IV (October) and V (March).
- Northeast multispecies Days-at-Sea restrictions other than those required to comply with effort controls in other fisheries (dogfish, monkfish, and skate).
- The minimum codend mesh size restrictions for trawl gear when using a haddock separator trawl or the Ruhle trawl within the Georges Bank Regulated Mesh Area, provided sector vessels use a codend with 6-inch (15.2-cm) minimum mesh.
Sectors may also request other regulatory exemptions for consideration by NOAA Fisheries.
What happens if I want to join a sector and ultimately that sector decides not to accept me?
Each sector decides who may participate in that sector. If you have been included on a sector’s roster and that sector subsequently chooses not to admit you, or your vessel is otherwise ineligible to participate in that sector, your vessel would still be allowed to fish in the common pool. In subsequent fishing years, you may attempt to join the sector again, or another sector.
If I don’t join a sector (i.e., if I remain in the common pool), will I be able to use my Days-at-Sea when it is to my advantage?
Vessels that remain in the common pool must follow all implementing regulations under the Northeast Multispecies Fisheries Management Plan.
Can a sector disband during the fishing year?
No. If fishermen opt to fish in a sector, they are making a commitment to remain in that sector for the duration of that fishing year. However, they do have the option to leave the sector and join another sector or the common pool in a subsequent fishing year.
How is an individual sector member’s share of the sector allocation determined?
When you join a sector, you bring with you a potential sector contribution. This is based on your landings from 1996–2006 for allocated multispecies stocks. However, some permits have their Georges Bank cod potential sector contribution based on landings from 1996–2001. For all others, Georges Bank cod potential sector contribution is based on 1996–2006.
How is a sector’s share of the total allowable catch of a groundfish stock determined?
Individual potential sector contributions are used to determine the annual catch entitlement for each stock for each sector. Sectors are allocated annual catch entitlement for all stocks except Atlantic halibut, ocean pout, windowpane flounder, and Atlantic wolffish. Sectors are also allocated annual catch entitlement for Eastern U.S./Canada Area cod and haddock proportional to the sector’s overall share of Georges Bank cod and haddock stocks. The sector’s annual catch entitlement is the percentage of the available stock quota that is allocated to the sector.
What happens when a sector’s annual catch entitlement is reached for a specific stock?
Once a sector’s annual catch entitlement for a specific stock is reached, all vessels participating in that sector are prohibited from fishing in that specific stock area until such time that the sector obtains additional annual catch entitlement from another sector through the annual catch entitlement transfer program.
Can annual catch entitlement be transferred?
Yes, with NOAA Fisheries’ approval, annual catch entitlement can be transferred between sectors. For information on how to do that, visit our Forms and Applications page.
What happens if a sector exceeds its quota in a given fishing year?
The overage would be deducted from the next fishing year’s allocation for those stock for which the overage occurred.
What happens if a sector disbands and it had an overage?
A: If a fishing vessel from the disbanded sector opts to join another sector, there would be a pound-for-pound deduction made to the vessel’s “new” sector contribution. If the vessel joins the common pool instead, it would receive a proportionate Days-at-Sea reduction.
What happens to your potential sector contribution if you decide to leave a sector and either join another sector or join the common pool?
If you decide to leave a sector at the end of the fishing year to join another sector for the next fishing year, you take your potential sector contribution with you. If you join the common pool your potential sector contribution contributes to the common pool quota. However, if you leave your sector after the start of the fishing year, you may not fish for groundfish for the remainder of that fishing year. To participate in a sector, you must be on their roster prior to the start of that fishing year.
How does changing membership affect individual sectors?
Each year a sector must develop its own operations plan. The operations plan includes a roster of prospective sector members. Upon approval of the operations plan, NOAA Fisheries will calculate annual catch entitlements for the new fishing year based on the potential sector contribution of sector members. Operations plans may be approved for one or two fishing years.
What information must be included in a sector’s operations plan?
For more information on the sector operations plan requirements please review the Sector Operations Plan Guide.
What are the at-sea monitoring requirements? What are the costs?
All sector vessels are required to carry at-sea monitors when selected to do so. At-sea monitors collect data on vessel operations and discards. In the absence of at-sea monitoring, an assumed discard rate will be assigned to the sector. Sectors are responsible for the cost of at-sea monitoring, although sectors may be eligible for reimbursement for some monitoring costs. Sectors may negotiate with at-sea monitoring providers to set a mutually agreed upon price for at-sea monitoring services.