Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast (NE) Multispecies Fishery; Amendment 16, 18262-18353 [2010-7233]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 75, Number 68 (Friday, April 9, 2010)]
[Rules and Regulations]
[Pages 18262-18353]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-7233]



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Part II





Department of Commerce





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National Oceanic and Atmospheric Administration



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15 CFR Part 902

50 CFR Part 648



Magnuson-Stevens Fishery Conservation and Management Act Provisions; 
Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Amendment 16; Final Rule

Federal Register / Vol. 75 , No. 68 / Friday, April 9, 2010 / Rules 
and Regulations

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

15 CFR Part 902

50 CFR Part 648

[Docket No. 0808071078-0019-02]
RIN 0648-AW72


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast (NE) 
Multispecies Fishery; Amendment 16

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: This final rule implements measures approved under Amendment 
16 to the NE Multispecies Fishery Management Plan (FMP). Amendment 16 
was developed by the New England Fishery Management Council (Council) 
as part of the biennial adjustment process in the FMP to update status 
determination criteria for all regulated NE multispecies or ocean pout 
stocks; to adopt rebuilding programs for NE multispecies stocks newly 
classified as being overfished and subject to overfishing; and to 
revise management measures, including significant revisions to the 
sector management measures, necessary to end overfishing, rebuild 
overfished regulated NE multispecies and ocean pout stocks, and 
mitigate the adverse economic impacts of increased effort controls. 
This final rule also implements new requirements under Amendment 16 for 
establishing acceptable biological catch (ABC), annual catch limits 
(ACLs), and accountability measures (AMs) for each stock managed under 
the FMP, pursuant to the Magnuson-Stevens Fishery Conservation and 
Management Act (Magnuson-Stevens Act). Finally, this action adds 
Atlantic wolffish to the list of species managed by the FMP. This 
action is necessary to address the results of the most recent stock 
assessment, which indicate that several additional regulated species 
are overfished and subject to overfishing, and that stocks currently 
classified as overfished require additional reductions in fishing 
mortality to rebuild by the end of their rebuilding periods.

DATES: Effective at 0001 hr on May 1, 2010.

ADDRESSES: Copies of Amendment 16, its Regulatory Impact Review (RIR), 
and the Final Environmental Impact Statement (FEIS) are available from 
Paul J. Howard, Executive Director, New England Fishery Management 
Council, 50 Water Street, Mill 2, Newburyport, MA 01950. NMFS prepared 
an Initial Regulatory Flexibility Act (IRFA) analysis, which was 
summarized in the Classification section of the proposed rule. The 
Final Regulatory Flexibility Act (FRFA) analysis consists of the IRFA, 
public comments and responses, and the summary of impacts and 
alternatives contained in the Classification section of the preamble of 
this final rule. Copies of the small entity compliance guide and the 
Record of Decision for the FEIS associated with this action are 
available from Patricia A. Kurkul, Regional Administrator, NMFS, 
Northeast Regional Office, 55 Great Republic Drive, Gloucester, MA 
01930-2298. The EIS/RIR/IRFA is also accessible via the Internet at 
https://www.nefmc.org/nemulti/.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule should be submitted to the Regional Administrator at the address 
above and to David Rostker, Office of Management and Budget (OMB), by 
e-mail at David_Rostker@omb.eop.gov, or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Douglas W. Christel, Fishery Policy 
Analyst, phone: 978-281-9141, fax: 978-281-9135.

SUPPLEMENTARY INFORMATION: 

Background

    Amendment 13 (April 27, 2004; 69 FR 22906) established a biennial 
adjustment process whereby the Council would review the FMP and make 
any changes to management measures necessary to achieve the goals and 
objectives of the FMP. This adjustment process provides for an update 
of the scientific information regarding the status of the stocks, and 
an evaluation of the effectiveness of the regulations. The biennial 
review scheduled to occur in 2008, with necessary changes to the FMP to 
be implemented in 2009, included a peer-reviewed benchmark assessment 
and a review of the biological reference points (stock status 
determination criteria) for each stock. This benchmark assessment and 
review of the biological reference points (Groundfish Assessment Review 
Meeting (GARM III)) was also part of the adaptive rebuilding strategy 
described in Amendment 13 to the FMP, which sought to evaluate the more 
fundamental scientific information mid-way through the rebuilding 
period for most stocks.
    GARM III, completed in August 2008, concluded that 11 stocks were 
still subject to overfishing (i.e., the fishing mortality rate (F) was 
above the F at maximum sustainable yield (MSY), or FMSY), 
and that 11 stocks were overfished (i.e., biomass levels were less than 
one half of the biomass at MSY (BMSY)), with 9 stocks 
classified as both overfished and subject to overfishing. Further 
survey data for pollock that became available in January 2009 indicated 
that pollock is also overfished and subject to overfishing. GARM III 
also indicated that some stocks improved in status from the previous 
assessment, with Gulf of Maine (GOM) haddock and Georges Bank (GB) 
haddock classified as rebuilt in 2000 and 2006, respectively, and GOM 
cod expected to be rebuilt by 2009.
    Amendment 16 was developed by the Council as part of the biennial 
adjustment process established in the FMP to update status 
determination criteria for all NE multispecies stocks; adopt rebuilding 
programs for groundfish stocks newly classified as being overfished and 
subject to overfishing; and revise management measures necessary to end 
overfishing, rebuild overfished groundfish stocks, and mitigate the 
adverse economic impacts of increased effort controls based upon the 
results of GARM III. In addition, Amendment 16 was developed to 
establish a mechanism to establish ACLs and AMs for each stock managed 
by the FMP, to comply with the Magnuson-Stevens Act.
    The Council began development of Amendment 16 in 2006, with the 
intent of implementing any necessary revisions to management measures 
based upon the results of GARM III by the start of fishing year (FY) 
2009 on May 1, 2009. A notice of intent to prepare a supplemental EIS 
and hold scoping meetings designed to solicit public input on any 
revisions to management measures was published in the Federal Register 
on November 6, 2006 (71 FR 64941). In September 2008, the Council 
agreed to postpone implementation of Amendment 16 until the start of FY 
2010 on May 1, 2010, to provide additional time to further develop 
Amendment 16 measures, requesting that NMFS implement an interim action 
for FY 2009. A proposed rule to implement interim management measures 
published on January 16, 2009 (74 FR 2959), with final interim measures 
published on April 13, 2009 (74 FR 17030), and effective on May 1,

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2009. The Council adopted draft Amendment 16 management measures and an 
associated draft EIS (DEIS) at its February 2009 meeting. A notice of 
availability for the DEIS published on April 24, 2009 (74 FR 18705), 
with public comments accepted through June 8, 2009. Final measures for 
Amendment 16 were adopted by the Council at its June 2009 meeting, with 
revisions to the discard provisions adopted at its September 2009 
meeting. A notice of availability for Amendment 16 was published in the 
Federal Register on October 23, 2009 (74 FR 54773), with public 
comments accepted through December 22, 2009. A separate notice of 
availability for the Amendment 16 FEIS, as submitted by the Council for 
review by the Secretary of Commerce (Secretary), was published on 
October 30, 2009 (74 FR 56194). A proposed rule to implement measures 
in Amendment 16 was published on December 31, 2009 (74 FR 69382), with 
public comments accepted through January 20, 2010. The Amendment 16 
proposed rule included a detailed description of the biennial 
adjustment process, the results of GARM III, the proposed management 
measures, and other factors that influenced the development of this 
action. A final decision to partially approve Amendment 16 was made on 
January 21, 2010.
    Three separate, but related rulemakings associated with Amendment 
16 have been published and, if approved, will be applicable to NE 
multispecies permit holders for FY 2010. The Amendment 16 proposed rule 
detailed rebuilding programs for NE multispecies stocks newly 
classified as being overfished and subject to overfishing and proposed 
revisions to existing management measures necessary to end overfishing, 
rebuild overfished stocks, and mitigate adverse economic impacts of 
increased effort controls. That rule also proposed significant 
revisions to sector management measures. A second proposed rule (74 FR 
68015, December 22, 2009) proposes FY 2010 operations plans and sector 
contracts for 17 sectors authorized by Amendment 16. A third proposed 
rule for Framework Adjustment (FW) 44 (75 FR 5016, February 1, 2010), 
proposed specifications of catch levels for FY 2010-2012, in accordance 
with the process approved in Amendment 16, and additional management 
measures to augment Amendment 16 measures.
    The final rules for Amendment 16, sector operations, and FW 44 are 
closely related it is necessary to implement all three rules in order 
for Amendment 16 to be implemented in its entirety for FY 2010, as 
intended by the Council. This final rule implements approved management 
measures in Amendment 16; the sector operations rule would authorize 
the operation of sectors in FY 2010, and FW 44 would set catch levels 
according to approved measures in Amendment 16 for FY 2010-2012. As a 
result, these three rulemakings have been published nearly 
simultaneously. Approved measures in all three actions will become 
effective concurrently on May 1, 2010. Therefore, NMFS suggests that 
interested readers review all three final rules in order to fully 
understand the measures being implemented.

Disapproved Measures

GOM Haddock Sink Gillnet Pilot Program

    This pilot program would have allowed all limited access NE 
multispecies vessels to target haddock in the GOM while using up to 30 
stand-up sink gillnets (tie-down gillnets would have been prohibited) 
consisting of 6-inch (15.24-cm) mesh, a mesh size that is less than the 
minimum mesh size currently required, from January through April of 
each year. This pilot program would have expired after 2 years, unless 
otherwise renewed by the Council. The Amendment 16 FEIS and recent 
catch data suggest that this pilot program, implemented on a fishery-
wide basis, could increase catch and, therefore, fishing mortality on 
GOM cod and pollock, stocks that require reductions in fishing 
mortality in order to rebuild under established rebuilding programs in 
the FMP, without substantially increasing the catch of haddock. 
Further, research used to support this pilot program concludes that 
further work must be done to reduce cod bycatch before a spring haddock 
gillnet fishery can be reestablished in the GOM and that, due to the 
low numbers of haddock caught in the study, the results of that 
research should not be used to support regulatory changes. Based upon 
this information, NMFS determined that the proposed pilot program is 
inconsistent with National Standards 1 and 9 of the Magnuson-Stevens 
Act because it could increase catch and fishing mortality, and may lead 
to excessive discards of overfished stocks of GOM cod and pollock. 
Moreover, it is inconsistent with the FMP provisions, including the 
special access program (SAP) provisions in Amendment 13; and Objectives 
3 (constrain fishing mortality to levels compliant with the Sustainable 
Fisheries Act), 4 (prevent overfishing), and 10 (minimize bycatch) of 
the FMP. Therefore, NMFS disapproved this measure in this action.

Approved Measures

1. Incorporation of Atlantic Wolffish Into the FMP

    Because this species was recently determined to be overfished and 
is occasionally caught by both the commercial and recreational NE 
multispecies fisheries, this action incorporates Atlantic wolffish into 
the FMP. Although the proposed rule indicated that the term ``regulated 
species'' would be revised to include large-mesh species, ocean pout, 
and Atlantic wolffish, this final rule revises that definition to only 
include large-mesh species and Atlantic wolffish, to accurately reflect 
that ocean pout will remain classified as a small-mesh species. Status 
determination criteria, a rebuilding plan, and management measures to 
rebuild this stock are also established through this action. 
Incorporation of this species into the FMP is consistent with section 
304(e) of the Magnuson-Stevens Act, which requires the development of 
regulations to end overfishing and rebuild a stock within 2 years of 
notice that the fishery is overfished.

2. Status Determination Criteria

    This final rule updates the status determination criteria (also 
known as biological reference points) for existing regulated species 
and ocean pout stocks based upon GARM III. Because this action adds 
Atlantic wolffish to the FMP, status determination criteria are also 
established for this species. Status determination criteria adopted by 
this action use F at 40 percent of maximum spawning potential (F40% 
MSP) as a proxy for FMSY for most of the age-based stocks. 
Spawning stock biomasses at MSY (SSBMSY) were calculated 
using F40% MSP, with an assumption on the recruitment that should occur 
at SSBMSY. GARM III represents the best scientific 
information available, so these updated status determination criteria 
are consistent with National Standard 2 of the Magnuson-Stevens Act. 
Table 1 lists the approved status determination criteria, and numerical 
estimates of these parameters are listed in Table 2.

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                                                     Table 1--Approved Status Determination Criteria
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                                                                 Biomass target          Minimum  biomass
              Species                         Stock                 (Btarget)               threshold            Maximum fishing  mortality threshold
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Cod................................  GB....................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget..........  F40%MSP.
Cod................................  GOM...................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget..........  F40%MSP.
Haddock............................  GB....................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget..........  F40%MSP.
Haddock............................  GOM...................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget..........  F40%MSP.
Yellowtail flounder................  GB....................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget..........  F40%MSP.
Yellowtail flounder................  Southern New England    SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget..........  F40%MSP.
                                      (SNE)/Mid-Atlantic
                                      (MA).
Yellowtail flounder................  Cape Cod (CC)/GOM.....  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget..........  F40%MSP.
American plaice....................  ......................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget..........  F40%MSP.
Witch flounder.....................  ......................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget..........  F40%MSP.
Winter flounder....................  GB....................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget..........  F40%MSP.
Winter flounder....................  GOM...................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget..........  F40%MSP.
Winter flounder....................  SNE...................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget..........  F40%MSP.
Redfish............................  ......................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget..........  F50%MSP.
White hake.........................  ......................  SSBMSY:SSB/R (40% MSP)  \1/2\ Btarget..........  F40%MSP.
Pollock............................  ......................  External..............  \1/2\ Btarget..........  Relative F at replacement.
Windowpane flounder................  Northern..............  External..............  \1/2\ Btarget..........  Relative F at replacement.
Windowpane flounder................  Southern..............  External..............  \1/2\ Btarget..........  Relative F at replacement.
Ocean pout.........................  ......................  External..............  \1/2\ Btarget..........  Relative F at replacement.
Atlantic halibut...................  ......................  Internal..............  \1/2\ Btarget..........  F0.1.
Atlantic wolffish..................  ......................  SSBMSY: SSB/R(40% MSP)  \1/2\ Btarget..........  F40%MSP.
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                                       Table 2--Numerical Estimates for the Approved Status Determination Criteria
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                                                                                                                       Maximum fishing
                                                                 Biomass target (Btarget)  Minimum biomass threshold      mortality
              Species                          Stock                      in mt              (\1/2\ Btarget) in mt    threshold  (FMSY      MSY in mt
                                                                                                                          or proxy)
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Cod...............................  GB........................  148,084..................  74,042...................              0.25            31,159
Cod...............................  GOM.......................  58,248...................  29,124...................              0.24            10,014
Haddock...........................  GB........................  153,329..................  76,664...................              0.35            33,604
Haddock...........................  GOM.......................  5,900....................  2,950....................              0.43             1,360
Yellowtail flounder...............  GB........................  43,200...................  21,600...................              0.25             9,400
Yellowtail flounder...............  SNE/MA....................  27,400...................  13,700...................              0.25             6,100
Yellowtail flounder...............  CC/GOM....................  7,790....................  3,895....................              0.24             1,720
American plaice...................  ..........................  21,940...................  10,970...................              0.19             4,011
Witch flounder....................  ..........................  11,447...................  5,724....................              0.20             2,352
Winter flounder...................  GB........................  16,000...................  8,000....................              0.26             3,500
Winter flounder...................  GOM.......................  3,792....................  1,896....................              0.28               917
Winter flounder...................  SNE.......................  38,761...................  19,380...................              0.25             9,742
Redfish...........................  ..........................  271,000..................  135,500..................              0.04            10,139
White hake........................  ..........................  56,254...................  28,127...................              0.13             5,800
Pollock *.........................  ..........................  2.00 kg/tow..............  1.00 kg/tow..............          5.65 c/i            11,320
Windowpane flounder *.............  Northern..................  1.4 kg/tow...............  0.7 kg/tow...............          0.50 c/i               700
Windowpane flounder *.............  Southern..................  0.34 kg/tow..............  0.17 kg/tow..............          1.47 c/i               500
Ocean pout *......................  ..........................  4.94 kg/tow..............  2.47 kg/tow..............          0.76 c/i             3,754
Atlantic halibut..................  ..........................  49,000...................  24,500...................              0.07             3,500
Atlantic wolffish.................  ..........................  1,747-2,202..............  400-500..................             <0.35           278-311
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* Estimates of FMSY or proxy for these stocks use an index-based method to evaluate stock status and are based on a moving average, calculated as
  described in GARM III. Values represent catch (landings plus discards in 1,000's mt) per survey index of relative biomass (kg/tow) for that stock.

3. Rebuilding Programs

    According to GARM III, two NE multispecies stocks have achieved 
their target biomass levels and are no longer considered overfished; 
the GB haddock stock was rebuilt in 2006, while GOM haddock was rebuilt 
in 2000. However, GARM III, and the subsequent data available for 
pollock, also indicated that several other NE multispecies stocks are 
now overfished; these stocks are witch flounder, GB winter flounder, 
northern windowpane flounder, and pollock. As a result, this action 
establishes rebuilding programs for these newly overfished stocks that 
begin in FY 2010. For witch flounder and GB winter flounder, the new 
rebuilding programs would rebuild these stocks by 2017, with a 75-
percent probability of success. The rebuilding programs established for 
pollock and northern windowpane flounder would rebuild these stocks by 
2017, but because status determination criteria for these stocks are 
based upon survey indices, a probability of success cannot be 
calculated at this time. Previous stock assessments for Atlantic 
halibut were insufficient to calculate a rebuilding F. As a result, 
although the stock was classified as overfished, no target F was 
calculated. GARM III included an analytic assessment for this species 
that was able to calculate a rebuilding F shown in Table 3 and an end 
date for rebuilding of 2055, based upon the biology of this species. 
Because the life history of Atlantic wolffish is not well understood, 
there is

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considerable uncertainty in the evaluation of stock status and stock 
projections and a rebuilding period or a rebuilding F for this species 
at this time. Measures to reduce F for this stock are implemented by 
this action, as described below.
    Based upon GARM III data, projections indicate that SNE/MA winter 
flounder is unlikely to rebuild by 2014 in the absence of any fishing 
mortality, but would likely rebuild between FYs 2015 and 2016. Since 
this stock is caught as non-targeted catch in other large-mesh 
fisheries, small-mesh fisheries, and the scallop dredge fishery, the 
only way to achieve zero F would be to eliminate all fishing activity 
in the SNE/MA winter flounder stock area, including fisheries for 
scallops, summer flounder, and other non-groundfish species, resulting 
in substantial adverse economic impacts to affected entities and 
associated fishing communities. Instead, this action prohibits 
possession and landings of SNE/MA winter flounder by all vessels and 
requires all non-sector vessels fishing within two restricted gear 
areas to use selective gear to minimize the catch of SNE/MA winter 
flounder and other stocks. These measures are expected to result in 
achieving an F as close to zero as practicable, eliminate overfishing 
on this stock, and facilitate the rebuilding of this stock by FY 2015 
or 2016. Projections of stock status under an F of zero are similar to 
those using an F of as close to zero as practicable, as implemented by 
this action, indicating that there is little difference between when 
this stock is expected to rebuild under either scenario (see Section 
7.2.1.1.3.1 of the Amendment 16 FEIS). Therefore, to impose a complete 
closure of commercial and recreational fisheries in the SNE/MA winter 
flounder stock area and still not achieve the objectives of rebuilding 
this stock by 2014 is contrary to the objectives of the Magnuson-
Stevens Act and would result in severe economic impacts without 
biological benefits. Pursuant to section 304(e)(7) of the Magnuson-
Stevens Act which recognizes that an FMP may not always make adequate 
progress to achieving rebuilding objectives and allows time for 
revisions to be made to make adequate progress toward rebuilding 
overfished stocks, this action eliminates targeting of this stock to 
reduce F to the extent practicable, without delaying the projected 
rebuilding of this stock.
    The GARM III review of GOM winter flounder indicated that it is 
highly likely that the stock is overfished. However, due to the high 
degree of uncertainty of the assessment, the GARM III review panel 
suggested that the assessment could not be used to provide management 
advice or stock projections. As a result, a formal rebuilding program 
has not been developed for this stock under Amendment 16, although 
rebuilding for this stock is expected to result from measures proposed 
under Amendment 16 to rebuild other stocks. This stock will continue to 
be monitored and, should additional information lead to a determination 
that the stock is overfished, a formal rebuilding program would be 
developed in a subsequent action.

4. ABC Control Rule and Mortality Reductions Necessary to Achieve 
Rebuilding Targets

    The mortality reductions used to design management measures 
implemented by this final rule are listed in Table 3. These mortality 
reductions were determined based upon the ABC control rule specified by 
the Council's Scientific and Statistical Committee (SSC) and the F 
necessary to rebuild overfished stocks within the rebuilding period 
(Frebuild). The ABC control rule proposed by the SSC and 
established through this action replaces the MSY control rule that was 
added to the FMP by Amendment 13. The ABC control rule specifies that 
the ABC for each stock would be determined as the catch at 75 percent 
of FMSY, and that, if the catch at 75 percent of 
FMSY would not achieve the mandated rebuilding requirements, 
ABC would be based upon Frebuild. For stocks that cannot be 
rebuilt within existing rebuilding periods, the ABC would be based upon 
incidental bycatch, including a reduction in the existing bycatch rate. 
Finally, for stocks with unknown status, ABC would be determined on a 
case-by-case basis by the SSC. Table 3 lists the percentage change in F 
necessary to achieve the target F (either Frebuild or the 
catch at 75 percent of FMSY), as appropriate, from F 
estimated for FY 2008. Mortality reductions for several stocks are not 
available because the assessments for these stocks did not produce 
reliable estimates of F that could be used in projection models to 
estimate Frebuild.

                              Table 3--Summary of Reductions in F Necessary to Achieve the Target F in 2010 for Each Stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                           % Change in F
                                                                                            Targeted F                                     necessary to
                                                                                              (either                       2008 F from       achieve
                 Species                               Stock                  2007 F        Frebuild or        Fmsy         2008 catch    Frebuild using
                                                                                           75% of FMSY)                        data         catch and F
                                                                                                                                               2008
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cod......................................  GB...........................           0.300           0.184          0.2466           0.410            -55%
Cod......................................  GOM..........................           0.456            0.18           0.237           0.300            -40%
Haddock..................................  GB...........................           0.230            0.26           0.350           0.079            229%
Haddock..................................  GOM..........................           0.350            0.32           0.430           0.250             28%
Yellowtail flounder......................  GB...........................           0.289           0.109           0.254           0.130            -16%
Yellowtail flounder......................  SNE/MA.......................           0.413           0.072           0.254           0.120            -40%
Yellowtail flounder......................  CC/GOM.......................           0.414            0.18           0.239           0.289            -38%
American plaice..........................  GB/GOM.......................           0.090            0.14           0.190           0.099             41%
Witch flounder...........................  .............................           0.290            0.15           0.200           0.296            -49%
Winter flounder..........................  GB...........................           0.280            0.20           0.260           0.131             49%
Winter flounder..........................  GOM..........................           0.417             N/A           0.283           0.317             N/A
Winter flounder..........................  SNE/MA.......................           0.649           0.000           0.248           0.265           -100%
Redfish..................................  .............................           0.005            0.03           0.038           0.008            275%
White hake...............................  GB/GOM.......................           0.150           0.084           0.125           0.065             29%
Pollock..................................  GB/GOM.......................          10.464           4.245            5.66          15.516            -73%
Windowpane flounder......................  Northern.....................           1.960             N/A            0.50             N/A             N/A
Windowpane flounder......................  Southern.....................           1.850             N/A            1.47             N/A             N/A
Ocean pout...............................  .............................           0.380             N/A           0.760             N/A             N/A
Atlantic halibut.........................  .............................           0.065           0.044           0.073           0.060            -27%

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Atlantic wolffish........................  .............................             N/A             N/A             N/A             N/A             N/A
--------------------------------------------------------------------------------------------------------------------------------------------------------

5. ABC/ACL Specifications and Distribution Process

    The recent reauthorization of the Magnuson-Stevens Act required 
fishery management councils to establish a mechanism for specifying 
ACLs for each managed fishery such that overfishing does not occur in 
the fishery, and measures to ensure accountability. The Magnuson-
Stevens Act requires that ACLs must take effect in FY 2010 for 
fisheries subject to overfishing, and in FY 2011 for all other 
fisheries. Because several stocks managed under the FMP are subject to 
overfishing, this final rule establishes a process to specify ABCs and 
ACLs for the NE multispecies fishery for implementation in FY 2010, to 
comply with new requirements of the Magnuson-Stevens Act, based upon 
the National Standard 1 Guidelines published in the Federal Register 
(January 16, 2009; 74 FR 3178).
ABC/ACL Specifications Process
    This action approves the ABCs/ACL specification process described 
in Section 4.2.1 of the Amendment 16 FEIS. The Groundfish Plan 
Development Team (PDT) is required to develop recommendations for 
setting an ABC, ACL, and overfishing level (OFL) for each stock for 
each of the next 3 years following the implementation of the biennial 
adjustment, or yearly for stocks managed by the U.S./Canada Resource 
Sharing Understanding (Understanding) (currently, GB yellowtail 
flounder, Eastern GB cod, and Eastern GB haddock) through a 
specifications package. These recommendations will be based upon the 
ABC control rule, as described above; updated information regarding the 
status of each stock, including Frebuild for overfished 
stocks; recommendations of the Transboundary Management Guidance 
Committee (TMGC) for appropriate catch levels for stocks managed by the 
Understanding; and any other guidance provided by the SSC. The ABCs 
developed through the process will be distributed among the various 
segments of the fishery that catch NE multispecies. These sub-ABCs will 
then be reduced to account for management uncertainty to derive how the 
overall ACL for each stock is divided into various sub-components of 
the fishery, as described further below. The PDT will develop an 
informal document that describes how these recommendations were 
developed, including estimates of scientific and management uncertainty 
considered by the PDT, whether different levels of management 
uncertainty were applied to different components of the fishery, and 
whether total allowable catches (TACs) have been exceeded during 
previous FYs. The SSC will then approve the PDT's ABC recommendations, 
or provide alternative ABC recommendations, describing elements of 
scientific uncertainty used to develop its recommendations, and offer 
any other recommendations regarding ACLs or other relevant issues. The 
Council will then consider the recommendations of the SSC, PDT, and 
TMGC, and adopt ABCs and ACLs for each stock. As required by the 
Magnuson-Stevens Act, the Council must adopt ACLs that are equal to or 
lower than the ABC recommended by the SSC, taking into account 
management uncertainty. The Council will adopt the ABC/ACL 
specifications and submit them to NMFS by December 1, for approval and 
implementation for the following FY in a manner consistent with the 
Administrative Procedure Act.
    As stated above, the actual ABCs and ACLs that result from the 
process established in this action were adopted by the Council at its 
November 2009 meeting as part of FW 44. If approved, measures in FW 44 
would become effective on May 1, 2010, at the same time as measures 
implemented through this final action. The ABCs and ACLs for FY 2013 
and beyond would be specified according to the process described above, 
unless otherwise modified through a future Council action.
ACL Distribution
    This action also approves the process to distribute ACLs among 
various segments of the fishery that catch regulated species and ocean 
pout in Amendment 16. The PDT will recommend distributing the ABC among 
various segments of the fishery and reducing such sub-ABCs to account 
for management uncertainty for each individual sub-component of the 
fishery based upon the catch available to U.S. fishermen. These sub-
components of the fishery include vessels operating in state waters 
that catch regulated species and ocean pout, but do not hold Federal NE 
multispecies permits; other non-specified sub-components of the fishery 
that may catch regulated species and ocean pout as bycatch when 
prosecuting other fisheries (i.e., exempted fisheries and fisheries for 
exempted species); vessels participating in the Atlantic sea scallop 
fishery that catch yellowtail flounder stocks as bycatch; vessels 
participating in the Atlantic herring fishery that catch haddock as 
bycatch; and catch of regulated species and ocean pout by the 
commercial and recreational NE multispecies fisheries. Some sub-
components of the fishery will not be subject to any automatic AMs 
under Amendment 16 and will, thus, be allocated sub-components of the 
ACL. The sub-components of the fishery that are subject to AMs will be 
allocated sub-ACLs for each stock of regulated species and ocean pout 
that they catch. These distributions, and the stocks that are allocated 
to the recreational fishery, can be revised through the framework 
adjustment process established in the existing regulations.
    The sub-components of the fishery that are not subject to AMs 
include vessels fishing in exempted fisheries that occur in Federal 
waters (e.g., the northern shrimp exempted fishery and the Cultivator 
Shoal whiting fishery exemption) and vessels targeting exempted species 
(e.g., the summer flounder fishery in SNE)--fisheries that are not 
allowed to land regulated species or ocean pout and that have 
demonstrated very low NE multispecies bycatch--as well as the Atlantic 
sea scallop fishery, which catches yellowtail flounder as bycatch. If 
catch from such fisheries exceeds the amount allocated, AMs would be 
developed and implemented in a separate future management action to 
prevent the

[[Page 18267]]

overall ACL for each stock from being exceeded, pursuant to the 
biennial review, or framework adjustment process in the FMP.
    The ACLs for all three stocks of yellowtail flounder will be 
reduced to account for projected yellowtail flounder bycatch in the 
Atlantic sea scallop fishery. The level of yellowtail flounder bycatch 
in the scallop fishery would vary from year-to-year, based upon scallop 
and NE multispecies abundance, the rotational management program 
specified for the scallop fishery, and other factors. At a minimum, the 
yellowtail flounder sub-component of the ACL allocated to the scallop 
fishery would be consistent with the incidental catch amounts for 
closed area access programs specified in the current regulations (e.g., 
at least 10 percent of the GB yellowtail flounder ACL would be 
specified to account for closed area access programs on GB, when open 
under the rotational management program). With the exception of GB 
yellowtail flounder, yellowtail flounder bycatch in the scallop fishery 
will initially be treated as a sub-component of the ACL, rather than a 
sub-ACL, and, therefore, will not be subject to any specific AMs under 
this action. However, the Council is currently developing Amendment 15 
to the Atlantic Sea Scallop FMP that is expected to establish 
yellowtail flounder AMs for the scallop fishery by FY 2011. The 
existing regulations regarding the Understanding require that any 
overages of the TACs managed by the Understanding be deducted from the 
available U.S. portion of the appropriate TAC during the following FY. 
Therefore, any overages of the U.S. portion of the GB yellowtail 
flounder TAC, including those by the scallop fishery, will be deducted 
from the U.S. portion of the GB yellowtail flounder TAC during the 
following FY.
    This final rule clarifies that the allocation of GOM and GB haddock 
to the Atlantic herring fishery through FW 43 to the FMP (August 15, 
2006; 71 FR 46871) reflects 0.2 percent of the GOM and GB haddock ACL. 
This allocation is considered a sub-ACL because the regulations 
implementing FW 43 already contain AMs in the form of elimination of 
the directed herring fishery in particular areas, and haddock 
possession restrictions, once this sub-ACL is projected to be caught. 
Because the existing regulations combine catches from both stocks of 
haddock, the haddock sub-ACL allocated to the herring fishery is not 
currently monitored on a stock-specific basis.
    Finally, this action allocates the remaining ACL for each regulated 
species and ocean pout stock to the NE multispecies commercial and 
recreational fisheries. With the exception of GOM cod and GOM haddock, 
the remaining ACL for each regulated species and ocean pout stock will 
be allocated to the commercial NE multispecies fishery. This is then 
further divided between vessels participating in approved sectors and 
those fishing under the provisions for the common pool (i.e., those 
vessels not participating in an approved sector), as described further 
in Item 14 of this preamble. An allocation for a particular stock would 
not be made to the recreational fishery if it is determined that, based 
upon available information, the ACLs for regulated species and ocean 
pout stocks are not being fully harvested by the NE multispecies 
fishery, or if the recreational harvest, after accounting for state-
waters catch is less than 5 percent of the overall catch for a 
particular stock. If a stock is allocated to the recreational fishery, 
the distribution of the available ACLs for these stocks between the 
commercial and recreational fisheries will be determined based upon the 
average proportional catch of each component for each stock during FYs 
2001 through 2006. Beginning in FY 2010, only two NE multispecies 
stocks will be allocated to the recreational fishery: GOM cod and GOM 
haddock. For GOM cod and GOM haddock, state-waters catch will be 
deducted from the sub-ACL available to the commercial fishery (i.e., 
vessels issued a limited access NE multispecies permit or open access 
NE multispecies Handgear B permit). The sub-ACL available to 
recreational vessels would include catch of GOM cod and GOM haddock in 
both state waters and Federal waters, and any associated recreational 
AMs would be triggered by the cumulative catch of such stocks by all 
recreational vessels.

6. AMs

    This action establishes AMs for both the commercial and 
recreational fisheries, as described in Amendment 16 and summarized 
below, including separate AMs for sector vessels, vessels fishing in 
the common pool, and private recreational and charter/party vessels. 
Under this action, if the overall ACL for a stock is exceeded, the AMs 
applicable to the NE multispecies fishery, including those specified 
for sector, common pool, and recreational and charter/party vessels, 
will be triggered, as specified below. These measures are required to 
comply with new requirements of the Magnuson-Stevens Act and reflect 
the spectrum of AMs recognized in the National Standard 1 Guidelines.
Sector AMs
    This final rule prohibits sector vessels from fishing in a 
particular stock area unless that sector is allocated, or acquires, 
quota for all regulated species or ocean pout stocks allocated to 
sectors and caught in that stock area. In addition, this action 
requires that sector vessels cease fishing in a particular stock area 
if the sector exceeds its allocation of any regulated species or ocean 
pout stocks caught in a particular stock area. Any overages at the end 
of the FY would be deducted from that sector's allocation during the 
subsequent FY, after considering any transfers of quota from another 
sector. As described below for the AMs effective if the overall ACL for 
a particular stock is exceeded, the catch used to determine an 
individual sector's overage includes catch by each sector's vessels, as 
well as catch by other sub-components of the fishery. If either the 
catch of a particular stock by a sector's vessels alone, or the catch 
of a particular stock by a sector's vessels added to a sector's portion 
of the overall ACL overage caught by other sub-components of the 
fishery exceeds the amount of that stock's ACL allocated to an 
individual sector, the amount of the overage will be deducted from that 
sector's allocation for that stock during the following FY. If a sector 
disbands following an overage, or does not have sufficient allocation 
to cover the overage, an appropriate DAS or sector share penalty or 
fishing prohibition will apply to each individual participating vessel 
during the subsequent FY, as further described in Item 14 of this 
preamble. If a sector exceeds its allocations multiple times or by a 
large amount, the sector operations plan or monitoring program may be 
insufficient to control fishing effort and could justify disapproval of 
the sector in future years. These measures are intended to ensure that 
sectors avoid exceeding their allocations and help prevent overfishing 
for each managed stock.
Common Pool AMs
    This action approves two types of AMs for the common pool: A 
differential DAS counting AM during FYs 2010 and 2011, and a hard-TAC 
AM overlaid upon the DAS effort controls in FYs 2012 and beyond. This 
reflects the Council's intent to transition from an effort control 
fishery to one managed through hard TACs. This transition also enables 
monitoring systems and service providers to prepare for the increase in 
infrastructure and personnel necessary

[[Page 18268]]

to accommodate the influx of higher volumes of catch data and the need 
to monitor greater numbers of offloads, as further described below.
    Under the differential DAS counting AM, if the NMFS Regional 
Administrator projects that the sub-ACL available to common pool 
vessels for each regulated species or ocean pout stock would be 
exceeded or underharvested by the end of the FY based upon catch data 
available through January of that year, a differential DAS counting 
factor would be applied to each Category A DAS used in the stock area 
for which the sub-ACL was exceeded or underharvested, during the 
following FY. The catch used in this projection includes catch by 
common pool vessels as well as a projection of the catch by other sub-
components of the fishery. If either the catch of a particular stock by 
common pool vessels alone, or the catch of a particular stock by common 
pool vessels plus the common pool's portion of any catch from other 
sub-components of the fishery that is projected to exceed the overall 
ACL for a particular stock, is projected to exceed the common pool's 
allocation for a particular stock, the differential DAS counting AM 
would be triggered for the following FY. This projection will be 
updated after the end of the FY to help determine if the catch by other 
sub-components of the fishery are accurately estimated for the purposes 
of determining whether the differential DAS counting AM is triggered. 
The areas in which differential DAS counting apply are defined further 
in this final rule.
    The differential DAS counting factor that will apply to common pool 
vessels under this AM is based upon the projected proportion of the 
sub-ACL that is expected to be caught by common pool vessels plus the 
common pool's portion of any overage of the overall ACL for any stock 
caused by other sub-components of the fishery, if appropriate, rounded 
to the nearest even tenth, as listed in Table 4. If it is projected 
that catch in a particular FY will exceed or underharvest the sub-ACLs 
for several regulated species or ocean pout stocks within a particular 
stock area, the Regional Administrator will apply the most restrictive 
differential DAS counting factor within that particular stock area. For 
example, if it were projected that common pool vessels will be 
responsible for catch that is 1.2 times the GOM cod sub-ACL and 1.1 
times the CC/GOM yellowtail flounder sub-ACL, the Regional 
Administrator will apply a differential DAS counting factor of 1.2 to 
any Category A DAS fished by common pool vessels only within the 
Inshore GOM Stock Area during the following FY (i.e., Category A DAS 
would be charged at a rate of 28.8 hr for every 24 hr fished, or 1.2 
times 24-hr DAS counting). If it is projected that common pool vessels 
will underharvest all stocks within a particular stock area by at least 
10 percent, and that the overall ACL for a particular stock is not 
exceeded by all sub-components of the fishery, the Regional 
Administrator will reduce the rate at which DAS are counted to allow 
the fishery to achieve the ACLs for all stocks within that area. For 
example, if the common pool catches 0.65 times the CC/GOM yellowtail 
flounder sub-ACL and 0.80 times the sub-ACL for all other stocks within 
the Inshore GOM Differential DAS Counting Area, the Regional 
Administrator will apply a differential DAS factor of 0.80 to all 
Category A DAS used only in the Inshore GOM Differential DAS Counting 
Area during the following FY (i.e., Category A DAS would be charged at 
a rate of 19.2 hr for every 24 hr fished, or 0.80 times 24-hr DAS 
counting). If the Regional Administrator determines that similar DAS 
adjustments are necessary in all stock areas (either to reduce or to 
increase effort), the Regional Administrator will adjust the ratio of 
Category A: Category B DAS to reduce/increase the number of Category A 
DAS available, based upon the amount of the overage or underage, rather 
than applying a differential DAS counting factor to all Category A DAS 
used in all stock areas. Any differential DAS counting factor 
implemented in FY 2012 for any ACL overages in a particular stock area 
during FY 2011 will be applied against the DAS counting rate 
implemented in that stock area for FY 2011. This is necessary to ensure 
that the differential DAS counting rate applied during FY 2012 is 
sufficient to prevent the ACLs specified for FY 2012 from being 
exceeded if the differential DAS counting rate applied in FY 2011 was 
insufficient to control catch during that FY. For example, if a 
projection by the Regional Administrator concluded that 1.2 times the 
GOM cod ACL was caught during FY 2010, a differential DAS factor of 1.2 
would be applied to any Category A DAS used in the Inshore GOM Stock 
Area during FY 2011 (i.e., Category A DAS would be charged at a rate of 
28.8 hr for every 24 hr fished, or 1.2 times 24-hr DAS counting). 
However, if even this higher DAS counting rate were insufficient to 
prevent the GOM cod ACL from being exceeded again in FY 2011 and 1.5 
times the GOM cod ACL was caught during FY 2011, a differential DAS 
factor of 1.5 would be applied to the DAS charging rate during FY 2011 
(i.e., Category A DAS would be charged at a rate of 43.2 hr for every 
24 hr fished (1.2 x 1.5 x 24-hr DAS charge)) for FY 2012. This more 
accurately reflects the likely reduction in effort needed to prevent 
overfishing from occurring, and increase the likelihood that catch 
during FY 2012 would not exceed the ACL in that stock area and result 
in the trimester TAC area closures being triggered.

  Table 4--Differential DAS Factor Applied as an Accountability Measure
                          During FYs 2010/2011
------------------------------------------------------------------------
        Proportion of ACL caught             Differential DAS factor
------------------------------------------------------------------------
0.5....................................  0.5
0.6....................................  0.6
0.7....................................  0.7
0.8....................................  0.8
0.9....................................  No change.
1.0....................................  No change.
1.1....................................  1.1
1.2....................................  1.2
1.3....................................  1.3
1.4....................................  1.4
1.5....................................  1.5
1.6....................................  1.6
1.7....................................  1.7
1.8....................................  1.8
1.9....................................  1.9
2.0....................................  2.0
------------------------------------------------------------------------

    Starting in FY 2012, common pool vessels will be subject to a hard-
TAC AM. Under this AM, the sub-ACL available to common pool vessels for 
each regulated species or ocean pout stock will be apportioned into 
trimesters of 4 months duration, beginning at the start of the FY 
(i.e., Trimester 1: May 1--August 31; Trimester 2: September 1--
December 31; Trimester 3: January 1--April 30), as listed in Table 5. 
The distribution of these sub-ACLs into trimesters was based upon a 
preferred distribution of recent landing patterns, but would be 
adjusted through the biennial adjustment process to reflect the landing 
patterns of the most recent 5-yr period available at the time of each 
adjustment. If a trimester TAC is exceeded/underharvested, the overage/
underage will be applied to the following trimester, with the exception 
that any underage could not be applied to the following FY's trimester 
TACs. With the exception of windowpane flounder, ocean pout, and 
Atlantic halibut, if the Regional Administrator projects that 90 
percent of the trimester TAC for a regulated species or ocean pout 
stock will be caught, the Regional Administrator shall close the area 
where the stock is predominantly caught to all NE multispecies common 
pool vessels

[[Page 18269]]

using gear capable of catching that species, as listed in Table 6, for 
the remainder of that trimester. The areas to be closed to particular 
gears are further described in this final rule, and are based upon the 
area that accounted for 90 percent of the catch of each stock according 
to available vessel trip report (VTR) data for calendar years 2006 
through 2008. These areas differ slightly from those originally 
described in the Amendment 16 DEIS, as discussed further in Section 
4.3.7.1.2 of the Amendment 16 FEIS. The Regional Administrator has the 
authority to expand or narrow the closure areas based upon additional 
catch information to reflect where each stock is actually caught. If 
the entire common pool sub-ACL for a particular stock is exceeded 
(i.e., the common pool catch of that stock at the end of the FY exceeds 
all three trimester TACs for that stock combined, including the common 
pool's share of any overage of the overall ACL for a particular stock 
caused by excessive catch of that stock by vessels fishing in state 
waters outside of the FMP, exempted fisheries, or the scallop fishery), 
an amount equal to the overage will be deducted from the sub-ACL for 
that stock that is allocated to common pool vessels during the 
following year. Because a targeted fishery for windowpane flounder, 
ocean pout, and Atlantic halibut is eliminated by the restrictive trip 
limits approved by this action (i.e., a prohibition on the retention of 
these stocks, or, in the case of halibut, a one-fish-per-trip 
restriction), the catch of these stocks will be monitored for the 
purposes of deducting overages, but will not trigger an area closure. 
Although particular areas will not close when these trimester TACs for 
these stocks are harvested, trip limits may be adjusted for these 
stocks to prevent overfishing in future years once the stock rebuilds 
and the fishery can once again target these stocks. Once 60 percent of 
the trimester TAC for any of these stocks is projected to be caught, 
the Regional Administrator has the authority to specify a trip limit to 
prevent the trimester TAC or sub-ACL allocated to the common pool 
vessels from being exceeded. Beginning in FY 2012, the white hake trip 
limit will be reduced to 500 lb (227 kg) per DAS, up to 2,000 lb (907.2 
kg) per trip.

    Table 5--Portion of Common Pool ACLs Apportioned to Each Trimester Under the Common Pool Trimester TAC AM
----------------------------------------------------------------------------------------------------------------
                                                               Trimester 1       Trimester 2       Trimester 3
                           Stock                                (percent)         (percent)         (percent)
----------------------------------------------------------------------------------------------------------------
GOM cod...................................................                27                36                37
GB cod....................................................                25                37                38
GOM haddock...............................................                27                26                47
GB haddock................................................                27                33                40
CC/GOM yellowtail flounder................................                35                35                30
GB yellowtail flounder....................................                19                30                52
SNE/MA yellowtail flounder................................                21                37                42
GOM winter flounder.......................................                37                38                25
GB winter flounder........................................                 8                24                69
SNE/MA winter flounder....................................                36                50                14
Witch flounder............................................                27                31                42
American plaice...........................................                24                36                40
Pollock...................................................                28                35                37
Redfish...................................................                25                31                44
White hake................................................                38                31                31
Northern windowpane flounder..............................                33                33                34
Southern windowpane flounder..............................                33                33                34
Ocean pout................................................                33                33                34
Atlantic halibut..........................................                33                33                34
Atlantic wolffish.........................................                75                13                12
----------------------------------------------------------------------------------------------------------------


                     Table 6--Gear/Area Prohibitions Under the Common Pool Trimester TAC AM
----------------------------------------------------------------------------------------------------------------
                                                              Area/gear prohibited when TAC is caught
                                                 ---------------------------------------------------------------
           Species                   Stock           Statistical
                                                        areas                           Gear
----------------------------------------------------------------------------------------------------------------
Cod..........................  GB...............  521, 522, 525,    Trawl, gillnet, longline/hook.
                                                   526, 561.
                               GOM..............  513, 514, 515...  Trawl, gillnet, longline/hook.
Haddock......................  GB...............  521, 522, 561...  Trawl, gillnet, longline/hook.
                               GOM..............  512, 513, 514,    Trawl, gillnet, longline/hook.
                                                   515.
Yellowtail flounder..........  GB...............  522, 525, 561,    Trawl, gillnet.
                                                   562.
                               SNE/MA...........  537, 539, 612,    Trawl, gillnet.
                                                   613.
                               CC/GOM...........  514, 521........  Trawl, gillnet.
American plaice..............  .................  512, 513, 514,    Trawl.
                                                   515, 521, 522.
Witch flounder...............  .................  512, 513, 514,    Trawl.
                                                   515, 521, 522.
Winter flounder..............  GB...............  522, 562........  Trawl.
                               GOM..............  514.............  Trawl, gillnet.
                               SNE/MA...........  521, 526, 537,    Trawl.
                                                   539, 612, 613.
Redfish......................  .................  513, 514, 515,    Trawl.
                                                   521, 522, 561.
White hake...................  .................  511, 512, 513,    Trawl, gillnet, longline/hook.
                                                   514, 515, 521,
                                                   522, 525, 561,
                                                   613, 616.
Pollock......................  .................  513, 514, 515,    Gillnet, trawl, longline/hook.
                                                   521, 522, 561.
Atlantic wolffish............  .................  513, 514, 521,    Trawl, gillnet.
                                                   522.
----------------------------------------------------------------------------------------------------------------


[[Page 18270]]

    To facilitate monitoring trimester TACs under the common pool 
trimester TAC AM beginning in FY 2012, 20 percent of trips by common 
pool vessels will have their offloads monitored by an independent 
third-party service provider approved/certified by NMFS to provide such 
services. These service providers are required to randomly deploy 
dockside monitors to monitor the offload of catch directly to a dealer, 
and roving monitors to monitor the offload of catch onto a truck for 
subsequent shipment to a dealer. To ensure coverage is randomly 
deployed, common pool vessels may only use one dockside monitoring 
service provider per fishing year. The costs associated with monitoring 
vessel offloads are the responsibility of individual vessels. Vessels 
are required to submit trip-start and trip-end hail reports to 
facilitate the deployment of such dockside/roving monitors, as further 
described in Item 14 of this preamble.
Recreational AMs
    For the recreational fishery, once recreational catch information 
is available for the previous FY (expected by July), the Regional 
Administrator will evaluate whether recreational catch exceeded the 
recreational allocation for GOM cod or GOM haddock. For FY 2010, 
recreational catch will be compared to the recreational ACL for each 
stock for FY 2010. For FY 2011, the average recreational catch for FYs 
2010 and 2011 will be compared to the average recreational ACL for each 
stock during FYs 2010 and 2011. Beginning with FY 2012, the 3-year 
average recreational catch will be compared to the most recent 3-year 
average of the rec