Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 47, 18176-18201 [2012-7075]
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Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules
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activities they fund, permit, or
implement that may affect these species.
If we finalize the proposed critical
habitat designation, consultations to
avoid the destruction or adverse
modification of critical habitat would be
incorporated into the existing
consultation process.
In the DEA, we evaluated the
potential economic effects on small
entities resulting from implementation
of conservation actions related to the
proposed designation of critical habitat
for the eight mussels. This analysis
estimates that six small governments
(counties) may be affected by the rule.
The affected counties represent 9
percent of small counties in Alabama
and Florida. We anticipate
approximately three to four counties
could be affected each year, with an
impact of approximately $875 per
county. Assuming annual county tax
revenues of at least $1 million, per
county impacts represent approximately
0.02 percent of annual revenues.
Approximately 20 small developmentrelated entities are likely to incur
administrative costs associated with
section 7 consultations. Assuming that
all of these entities are small, they
represent approximately 0.04, or less
than one, percent of all small developers
and homebuilders in the affected
counties. Annualized impacts per entity
are approximately $48, which
represents less than one percent of
annual, per entity revenues. Please refer
to the DEA of the proposed critical
habitat designation for a more detailed
discussion of potential economic
impacts to small businesses.
In summary, we have considered
whether the proposed designation
would result in a significant economic
impact on a substantial number of small
entities. Information for this analysis
was gathered from the Small Business
Administration, stakeholders, and the
Service. For the above reasons and
based on currently available
information, we certify that, if
promulgated, the proposed critical
habitat designation would not have a
significant economic impact on a
substantial number of small business
entities. Therefore, an initial regulatory
flexibility analysis is not required.
the Unfunded Mandates Reform Act.
The designation of critical habitat
imposes no obligations on state or local
governments. By definition, Federal
agencies are not considered small
entities, although the activities they
fund or permit may be proposed or
carried out by small entities. After
careful review of the DEA we have
determined that a Small Government
Agency Plan is not required.
Energy, Supply, Distribution, or Use
On May 18, 2001, the President issued
an Executive Order (E.O. 13211; Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use) on regulations that
significantly affect energy supply,
distribution, and use. E.O. 13211
requires agencies to prepare Statements
of Energy Effects when undertaking
certain actions. The Office of
Management and Budget provides
guidance for implementing this
executive order, and outlines the
situations that are considered to have a
‘‘significant energy effect’’ when
compared with the regulatory action
under consideration. As outlined in the
DEA, we do not anticipate impacts to oil
wells and drilling activities in the study
area (critical habitat reaches and
associated watersheds). Thus, we do not
anticipate a ‘‘significant energy effect’’
from this rulemaking.
Authors
The primary authors of this notice are
the staff members of the Panama City
Ecological Services Field Office.
Authority
The authority for this action is the
Endangered Species Act of 1973, as
amended (16 U.S.C. 1531 et seq.).
Dated: March 16, 2012.
Rachel Jacobson,
Acting Assistant Secretary for Fish and
Wildlife and Parks.
[FR Doc. 2012–7200 Filed 3–26–12; 8:45 am]
BILLING CODE 4310–55–P
Unfunded Mandates Reform Act (2
U.S.C. 1501 et seq.)
As outlined in the DEA and in the
amended RFA determination above, we
do not believe that this rule will
significantly or uniquely affect small
governments. It will not produce a
Federal mandate of $100 million or
greater in any year, and therefore is not
a ‘‘significant regulatory action’’ under
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 120109034–2171–01]
RIN 0648–BB62
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Framework
Adjustment 47
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to approve
Framework Adjustment 47 (Framework
47) to the Northeast (NE) Multispecies
Fishery Management Plan (FMP) and to
implement its measures through the
proposed regulations. Framework 47
was developed and adopted by the New
England Fishery Management Council
(Council) based on the biennial review
process established in the NE
Multispecies FMP to develop annual
catch limits (ACLs) and revise
management measures necessary to
rebuild overfished groundfish stocks
and achieve the goals and objectives of
the FMP. NMFS also proposes
management measures and revisions to
existing regulations that are not
included in Framework 47, including
common pool management measures for
fishing year (FY) 2012, modification of
the Ruhle trawl definition, modification
of the method used to estimate fillets or
parts of fish landed for at-home
consumption, and clarification of the
regulations for charter/party and
recreational groundfish vessels fishing
in groundfish closed areas. The
proposed regulations are intended to
prevent overfishing, rebuild overfished
stocks, achieve optimum yield, and
ensure that management measures are
based on the best available scientific
information.
DATES: Comments must be received by
April 11, 2012.
ADDRESSES: You may submit comments
on this document, identified by
‘‘NOAA–NMFS–2012–0004,’’ by any of
the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal
www.regulations.gov. To submit
comments via the e-Rulemaking Portal,
SUMMARY:
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Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules
first click the ‘‘submit a comment’’ icon,
then enter NOAA–NMFS–2012–0004 in
the keyword search. Locate the
document you wish to comment on
from the resulting list and click on the
‘‘Submit a Comment’’ icon on the right
of that line.
• Mail: Submit written comments to
Daniel S. Morris, Acting Regional
Administrator, 55 Great Republic Drive,
Gloucester, MA 01930.
• Fax: (978) 281–9135; Attn: Sarah
Heil.
Instructions: Comments must be
submitted by one of the above methods
to ensure that the comments are
received, documented, and considered
by NMFS. Comments sent by any other
method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personal identifying information
(e.g., name, address, etc.) submitted
voluntarily by the sender will be
publicly accessible. Do not submit
confidential business information, or
otherwise sensitive or protected
information. NMFS will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word or Excel, WordPerfect, or Adobe
PDF file formats only.
An environmental assessment (EA)
was prepared for Framework 47 that
describes the proposed action and other
considered alternatives, as well as an
analysis of the impacts of the proposed
measures and alternatives. Copies of
Framework 47, the draft EA, its
Regulatory Impact Review (RIR), and the
Initial Regulatory Flexibility Act (IRFA)
analysis prepared by the Council are
available upon request from Paul J.
Howard, Executive Director, New
England Fishery Management Council,
50 Water Street, Mill 2, Newburyport,
MA 01950. The Framework 47 EA/RIR/
IRFA are also accessible via the Internet
at https://www.nefmc.org/nemulti/
index.html or https://
www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Sarah Heil, Fishery Policy Analyst,
phone: 978–281–9257, fax: 978–281–
9135.
SUPPLEMENTARY INFORMATION:
Background
The NE Multispecies FMP specifies
management measures for 16 species in
Federal waters off the New England and
Mid-Atlantic coasts, including both
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large-mesh and small-mesh species.
Small-mesh species include silver hake
(whiting), red hake, offshore hake, and
ocean pout, and large-mesh species
include Atlantic cod, haddock,
yellowtail flounder, pollock, American
plaice, witch flounder, white hake,
windowpane flounder, Atlantic halibut,
winter flounder, redfish, and Atlantic
wolffish. Large-mesh species, which are
referred to as ‘‘regulated species,’’ are
divided into 19 fish stocks, and along
with ocean pout, comprise the
groundfish complex.
Amendment 16 to the NE
Multispecies FMP (Amendment 16)
established a process for setting
acceptable biological catches (ABCs)
and ACLs for regulated species and
ocean pout, as well as distributing the
available catch among the various
components of the groundfish fishery.
Amendment 16 also established
accountability measures (AMs) for the
20 groundfish stocks in order to prevent
overfishing of these stocks and correct
or mitigate any overages of the ACLs.
Framework 44 to the NE Multispecies
FMP (Framework 44) set the ABCs and
ACLs for FYs 2010–2012. In 2011,
Framework 45 to the NE Multispecies
FMP (Framework 45) revised the ABCs
and ACLs for five stocks for FYs 2011–
2012.
The Council adopted Framework 47
on November 16, 2011, and submitted it
to NMFS on February 7, 2012, for
approval. The Council developed
Framework 47 as part of the biennial
review process established in the FMP
to revise measures necessary to prevent
overfishing and rebuild overfished
stocks, and achieve the goals and
objectives of the NE Multispecies FMP.
The Council developed Framework 47
to respond to recent stock assessments
and updated stock information, as well
as to revise management measures after
the fishery has operated for more than
1 year under ACLs and AMs. If
approved, Framework 47 will be
implemented at the start of FY 2012 on
May 1, 2012. One measure, if approved,
would apply retroactively to the 2011
scallop fishing year, which ended on
February 28, 2012, as described in Item
11 of this preamble.
Proposed Measures
The Council reviewed the proposed
regulations, as drafted by NMFS, and
deemed them to be consistent with
Framework 47 and necessary to
implement the proposed measures as
specified in section 303(c) of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act). Some of the
measures included in this action are
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being proposed by NMFS under the
authority of section 305(d) of the
Magnuson-Stevens Act, which provides
that the Secretary of Commerce may
promulgate regulations necessary to
ensure that fishery management plans or
amendments are carried out in
accordance with the Magnuson-Steven
Act. These measures, which are
identified and described in this
preamble, are necessary to implement
changes to the Atlantic Sea Scallop FMP
proposed by the Council in Framework
47, as well as revisions to the
regulations that are not included in
Framework 47, but that are necessary to
achieve the objectives of the FMP. This
proposed rule also includes
management measures for the common
pool fishery for FY 2012 that are not
included in Framework 47, but that may
be considered by the Regional
Administrator (RA) under authority
provided by the FMP.
1. Status Determination Criteria for
Winter Flounder and Gulf of Maine Cod
Amendment 16 updated the status
determination criteria for existing NE
multispecies regulated species and
ocean pout stocks based on the best
available scientific information as
determined by the 2008 Groundfish
Assessment Review Meeting (GARM III).
Framework 45 updated the status
determination criteria for pollock to
reflect the results of a new pollock stock
assessment conducted in 2010. New
assessments were conducted for Gulf of
Maine (GOM), Georges Bank (GB), and
Southern New England/Mid-Atlantic
(SNE/MA) winter flounder in June 2011.
In addition, a new assessment for GOM
cod was conducted in December 2011.
Therefore, Framework 47 proposes to
update the status determination criteria
for the three winter flounder stocks and
GOM cod to incorporate the results of
the recent stock assessments into the
FMP. The proposed revisions are based
on the best scientific information
available.
The results from GARM III indicated
that overfishing was occurring for GB
and SNE/MA winter flounder and GOM
cod, and SNE/MA winter flounder was
overfished. The overfished and
overfishing status for GOM winter
flounder was unknown. Based on the
new assessments, overfishing is no
longer occurring for GB or SNE/MA
winter flounder. Also, the overfishing
status is no longer unknown for GOM
winter flounder, and overfishing is not
occurring for this stock. Based on the
recent GOM cod stock assessment,
overfishing is occurring for GOM cod,
and the stock is overfished.
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The revised biomass target for GB and
SNE/MA winter flounder is spawning
stock biomass at maximum sustainable
yield (SSBMSY), and the maximum
fishing mortality rate (F) threshold is
FMSY. The revised maximum F
threshold for GOM winter flounder is F
at 40 percent of the maximum spawning
potential (F40%MSP). The biomass target
for this stock is still undefined. For
GOM cod, the biomass target is
unchanged from GARM III and is SSB
at 40 percent MSP (SSB40%MSP). The
maximum F threshold proxy is also
unchanged from GARM III and is
F40%MSP. The revised status
determination criteria proposed in
Framework 47 are presented in Table 1,
and the numerical estimates of these
criteria are presented in Table 2.
TABLE 1—PROPOSED STATUS DETERMINATION CRITERIA FOR WINTER FLOUNDER STOCKS AND GOM COD
Maximum fishing
mortality threshold
Stock
Biomass target
Minimum biomass threshold
GOM winter flounder .....................
GB winter flounder .........................
SNE/MA winter flounder ................
GOM cod .......................................
Undefined .....................................
SSBMSY .........................................
SSBMSY .........................................
SSB40%MSP ....................................
Undefined .....................................
1⁄2 SSB
MSY ....................................
1⁄2 SSB
MSY ....................................
1⁄2 SSB
40%MSP ...............................
F40%MSP.
FMSY.
FMSY.
F40%MSP.
TABLE 2—NUMERICAL ESTIMATES OF THE PROPOSED STATUS DETERMINATION CRITERIA FOR WINTER FLOUNDER STOCKS
AND GOM COD
Maximum
fishing mortality threshold
Stock
Biomass target
(mt)
GOM winter flounder ...................................................
GB winter flounder ......................................................
SNE/MA winter flounder ..............................................
GOM cod .....................................................................
0.31
0.42
0.29
0.20
Undefined.
3,700.
11,728.
10,392.
Undefined ....................................................................
10,100 .........................................................................
43,661 .........................................................................
61,218 .........................................................................
2. Rebuilding Program for GB Yellowtail
Flounder
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MSY
(mt)
GB yellowtail flounder is jointly
managed with Canada under the U.S./
Canada Resource Sharing
Understanding (Understanding).
Framework 45 revised the GB yellowtail
flounder rebuilding program, based on
the best available scientific information,
to rebuild the stock by 2016 with a
50-percent probability of success. This
revision extended the rebuilding
program to the maximum 10-year
rebuilding period allowed by the
Magnuson-Stevens Act in order to
maximize the amount of GB yellowtail
flounder that could be caught while the
stock rebuilds.
Under the International Fisheries
Agreement Clarification Act (IFACA)
enacted into law on January 4, 2011, the
Council and NMFS have flexibility in
establishing rebuilding programs for
stocks that are jointly managed with
Canada under the Understanding. For
rebuilding stocks managed under the
Understanding, the IFACA provides that
the Council and NMFS may consider
decisions under the Understanding as
management measures under an
international agreement in order to
provide an exception to the MagnusonStevens Act’s maximum 10-year
rebuilding period requirement.
Each year, pursuant to the
Understanding, the TMGC meets to
consider the scientific advice of the
Transboundary Resources Assessment
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Committee and to make decisions
regarding total allowable catch (TAC)
recommendations for the upcoming year
for each stocks managed under the
Understanding. The TMGC adopts
harvest strategies to guide its annual
TAC recommendations. At its
September 2011 meeting, the TMGC
reaffirmed its harvest strategy for GB
yellowtail flounder to maintain a low to
neutral risk of exceeding the fishing
mortality limit reference (Fref) of 0.25.
Based on that harvest strategy, the
TMGC developed its 2012 TAC
recommendation for GB yellowtail
flounder and forwarded the
recommendation to the Council for
approval See Item 5 for more
information on the 2012 TMGC TAC
recommendations..
Given the IFACA, and that the TMGC
decisions regarding a GB yellowtail
flounder harvest strategy and annual
TAC are considered management
measures under an international
agreement, the rebuilding program for
GB yellowtail flounder can exceed 10
years. Therefore, Framework 47
proposes to revise the rebuilding
strategy for GB yellowtail flounder. The
proposed rebuilding strategy for GB
yellowtail flounder would rebuild the
stock by 2032 with a 50-percent
probability of success. This rebuilding
strategy is based on an F of 0.21 and
would extend 26 years beyond the
rebuilding program start date (2006).
The proposed rebuilding time period is
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as short as possible, taking into account
the Understanding and decisions made
under it, and the needs of the fishing
communities, and will provide more
flexibility for negotiating annual catches
with Canada.
3. Overfishing Levels and Acceptable
Biological Catches
The overfishing level (OFL) for each
stock is calculated using the estimated
stock size and FMSY (i.e., the fishing
mortality rate that, if applied over the
long term, would result in maximum
sustainable yield). ABCs for each stock
are recommended by the Council’s
Scientific and Statistical Committee
(SSC), and are lower than the OFLs in
order to account for scientific
uncertainty. The ABCs are calculated
using the estimated stock size for a
particular year and are based on the
catch associated with 75 percent of FMSY
or the F required to rebuild the stock
within the defined rebuilding time
period (Frebuild), whichever is lower. For
SNE/MA winter flounder, the ABC is
calculated using the F expected to result
from management measures that are
designed to achieve an F as close to zero
as practicable. The Canadian share/
allowance of an ABC, or the expected
Canadian catch, is deducted from the
ABC available for each pertinent stock.
The U.S. ABC is the amount available to
the U.S. fishery after accounting for
Canadian catch.
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Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules
Framework 44 specified OFLs and
ABCs for each stock for FY 2010–2012
based on the best scientific information
available, and Framework 45 revised the
OFLs and ABCs for five stocks for FY
2011–2012 based on updated stock
information. Framework 47 proposes to
set the OFLs and ABCs for nine stocks
for FY 2012–2014 that are assessed with
an index-based stock assessment or that
have had a recent stock assessment
completed, as well as set the OFL and
ABC for FY 2012–2013 for GB yellowtail
flounder based on updated stock
information (Table 3). For nine stocks,
Framework 47 proposes to adopt the
OFLs and ABCs for FY 2012 that were
previously specified in Framework 44 or
Framework 45 (Table 3). These stocks
were last assessed at GARM III. The SSC
determined that projections from the
GARM III assessment were not a reliable
basis for providing catch advice for
these stocks for FY 2013–2014. As a
result, stock assessment updates were
completed in February 2012 for these
stocks, and the results of these updates
will be used to set OFLs and ABCs for
FY 2013–2014. The Council intends to
incorporate the assessment update
results and specify OFLs and ABCs for
FY 2013–2014 for these stocks in a
future framework action. A new stock
assessment is scheduled for SNE/MA
yellowtail flounder in June 2012. The
results of this stock assessment will be
used to specify OFLs and ABCs for the
stock for FY 2013–2014, and will also be
incorporated into a future framework
action by the Council. Updated
information for stocks assessed with an
index-based assessment may also be
used to revise the OFLs and ABCs for
FY 2013–2014 specified in this action.
The OFLs and ABCs proposed in
Framework 47 are based on the most
recent stock assessment information,
which is the best scientific information
available.
Framework 47, as approved by the
Council on November 16, 2011,
proposed to set specifications for GOM
cod for FY 2012–2014 based on the most
recent stock assessment that was
completed in December 2011. The
results of the assessment indicate that
the stock is overfished and overfishing
is occurring. The assessment results also
indicate that GOM cod cannot rebuild
by its rebuilding end date of 2014 even
in the absence of all fishing mortality.
Given the final results of the GOM cod
assessment, and that rebuilding cannot
be achieved within the rebuilding
period, NMFS concluded that the NE
Multispecies FMP is not making
adequate progress toward ending
overfishing and rebuilding GOM cod.
NMFS notified the Council of this
determination in a letter dated January
26, 2012, and of the requirement for the
Council to implement a plan by May 1,
2013, to immediately end overfishing
for GOM cod. The Council was also
notified that it has up to 2 years to
address GOM cod rebuilding, although
NMFS urged the Council to do this by
the beginning of FY 2013 to coincide
with measures to end overfishing. In
addition, NMFS indicated that the
Magnuson-Stevens Act provides some
flexibility for NMFS to only reduce
overfishing, rather than end it
immediately, during FY 2012 while the
Council develops measures to address
GOM cod.
At its January 25, 2012, meeting, the
Council’s SSC met to discuss the GOM
cod stock assessment. At the request of
the Council, the SSC did not
recommended ABCs for GOM cod for
FY 2012–2014. The SSC reviewed the
stock assessment and identified issues
that may warrant a closer examination
and that may influence the
interpretation of the assessment results.
Subsequently, at its February 1, 2012,
meeting, the Council did not adopt
ABCs for GOM cod to be implemented
in Framework 47. The Council
requested that NMFS implement an
interim action for FY 2012 to reduce
overfishing on GOM cod while the
Council responds to the new GOM cod
stock assessment and develops
measures for FY 2013 that will
immediately end overfishing. NMFS has
committed that it intends to implement
an interim action to reduce overfishing
for GOM cod and establish catch levels
for this stock for FY 2012.
Therefore, this action does not
include OFLs and ABCs for GOM cod
for FY 2012–2014. If no action is taken
to specify a new ABC for GOM cod for
FY 2012, the FY 2012 ABC previously
specified in Framework 44 (9,018 mt)
would go into effect on May 1, 2012.
The SSC will meet in the future to
recommend ABCs for FY 2013–2014 for
GOM cod, and the Council intends to
adopt these ABCs in a future
management action.
TABLE 3—PROPOSED FY 2012–2014 OFLS AND ABCS (MT)
OFL
U.S. ABC
Stock
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2012
GB cod .....................................................................................................
GB haddock .............................................................................................
GOM haddock ..........................................................................................
GB yellowtail flounder ..............................................................................
SNE/MA yellowtail flounder .....................................................................
Cape Cod (CC)/GOM yellowtail flounder ................................................
American plaice .......................................................................................
Witch flounder ..........................................................................................
GB winter flounder ...................................................................................
GOM winter flounder ................................................................................
SNE/MA winter flounder ..........................................................................
Redfish .....................................................................................................
White hake ...............................................................................................
Pollock ......................................................................................................
Northern windowpane flounder ................................................................
Southern windowpane flounder ...............................................................
Ocean pout ..............................................................................................
Atlantic halibut ..........................................................................................
Atlantic wolffish ........................................................................................
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7,311
51,150
1,296
1,691
3,166
1,508
4,727
2,141
4,839
1,458
2,336
12,036
5,306
19,887
230
515
342
143
92
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2013
2014
................
................
................
1,691
................
................
................
................
4,819
1,458
2,637
................
................
20,060
230
515
342
143
92
................
................
................
................
................
................
................
................
4,626
1,458
3,471
................
................
20,554
230
515
342
143
92
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5,103
30,726
1,013
564
1,003
1,159
3,632
1,639
3,753
1,078
626
9,224
3,638
15,400
173
386
256
85
83
2013
2014
................
................
................
564
................
................
................
................
3,750
1,078
697
................
................
15,600
173
386
256
85
83
................
................
................
................
................
................
................
................
3,598
1,078
912
................
................
16,000
173
386
256
85
83
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4. Annual Catch Limits
Unless otherwise noted below, the
U.S. ABC for each stock (for each fishing
year) is divided into the following
fishery components to account for all
sources of fishing mortality: State waters
(portion of ABC expected to be caught
from state waters outside Federal
management); other sub-components
(expected catch by non-groundfish
fisheries); scallop fishery; mid-water
trawl fishery; commercial groundfish
fishery; and recreational groundfish
fishery. Currently, the scallop fishery
only receives an allocation for GB and
SNE/MA yellowtail flounder, the midwater trawl fishery only receives an
allocation for GB and GOM haddock,
and the recreational groundfish fishery
only receives an allocation for GOM cod
and haddock. Once the ABC is divided,
sub-annual catch limits (sub-ACLs) and
ACL sub-components are set by
reducing the amount of the ABC
distributed to each component of the
fishery to account for management
uncertainty. Management uncertainty is
the likelihood that management
measures will result in a level of catch
greater than expected. For each stock,
management uncertainty is estimated
using the following criteria:
Enforceability, monitoring adequacy,
precision of management tools, latent
effort, and catch of groundfish in nongroundfish fisheries. Appendix III of the
Framework 47 EA provides a detailed
description of the process used to
estimate management uncertainty and
calculate ACLs for this action (see
ADDRESSES).
The total ACL is the sum of all of the
sub-ACLs and ACL sub-components,
and is the catch limit for a particular
year after accounting for both scientific
and management uncertainty. Landings
and discards from all fisheries
(commercial and recreational
groundfish fishery, state waters, and
non-groundfish fisheries) are counted
against the catch limit for each stock.
Components of the fishery that are
allocated a sub-ACL for a particular
stock are subject to AMs if the catch
limit is exceeded. ACL sub-components
represent the expected catch by
components of the fishery that are not
subject to AMs (e.g., state waters).
Based on the ABCs proposed in this
action, Framework 47 also proposes
ACLs for each of the groundfish stocks,
except GOM cod, as described in Item
3 of this preamble. The proposed ACLs
for FY 2012–2014 are presented in Table
4 through 7. The percentage of the ABC
deducted for expected catch from state
waters is between 1 and 10 percent for
most stocks. However, for GOM winter
flounder, SNE/MA winter flounder, and
Atlantic halibut, 25 percent, 28 percent,
and 50 percent of the ABC was set aside
for state waters catch, respectively. The
amount of the ABC deducted for
expected catch from non-groundfish
fisheries (other sub-components) is
between 2 and 9 percent for each stock,
but 19 percent and 70 percent of the
ABC is set aside for northern and
southern windowpane flounder,
respectively. Seventy percent of the
ABC for southern windowpane flounder
is deducted based partly on the
expected catch of this stock by the
scallop fishery. To adjust for
management uncertainty, the default
reduction to the ABC component for
most stocks and components of the
fishery was 5 percent. Only 3 percent
was deduced for stocks or components
of the fishery with less management
uncertainty, and 7 percent was
deducted for stocks or components with
more management uncertainty.
This proposed action would not
change the initial allocation of
yellowtail flounder to the scallop
fishery for FY 2012 that was specified
in Framework 44. The yellowtail
flounder allocation to the scallop fishery
is based on the expected catch of
yellowtail flounder calculated from the
projected scallop harvest for the fishing
year. Framework 44 allocated 90 percent
of the projected yellowtail flounder
catch by the scallop fishery for FY 2012
for both SNE/MA yellowtail flounder
and GB yellowtail flounder.
The commercial groundfish sub-ACL
is further divided into the non-sector
(common pool) sub-ACL and the sector
sub-ACL, based on the total vessel
enrollment in all sectors and the
cumulative Potential Sector
Contributions associated with those
sectors. The proposed distribution of the
groundfish sub-ACL between the
common pool and sectors presented in
Tables 4 through Table 7 are based on
preliminary FY 2012 sector rosters
submitted to NMFS as of December 1,
2011. This distribution is different from
the common pool and sector sub-ACLs
included in the Framework 47 EA,
which were based on FY 2011 sector
rosters, and do not reflect updated
rosters submitted to NMFS for FY 2012.
However, this distribution is the same
as the sector sub-ACLs and Annual
Catch Entitlements specified for each
sector in the proposed rule to approve
sector operations plans for FY 2012 that
was published in the Federal Register
on February 15, 2012 (77 FR 8780).
FY 2012 sector rosters will not be
finalized until May 1, 2012, because
owners of individual permits signed up
to participate in sectors have until April
30, 2012, to drop out of a sector and fish
in the common pool for FY 2012. In
addition, NMFS extended the deadline
to join a sector for FY 2012 through
April 30, 2012, in the proposed rule to
approve sector operations plan for FY
2012 (77 FR 8780). This opportunity is
being provided for common pool vessels
due to concerns for the recent GOM cod
assessment and the potential impacts for
FY 2012 catch limits. Therefore, it is
possible that the sector sub-ACLs listed
in the tables below may change due to
changes in the sector rosters. Updated
sector sub-ACLs will be published in
the Framework 47 final rule, or a
subsequent adjustment rule to reflect
the final FY 2012 sector rosters as of
May 1, 2012.
TABLE 4—PROPOSED FY 2012 ALLOCATIONS TO THE RECREATIONAL GROUNDFISH FISHERY, SCALLOP FISHERY, AND
MID-WATER TRAWL FISHERY (MT)
Fishery
Stock
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Recreational Groundfish Fishery .............................................................
GOM Cod ......................................
n/a ..................................................
GOM Haddock.
259.
Scallop Fishery ........................................................................................
SNE/MA Yellowtail Flounder .........
126 .................................................
GB Yellowtail Flounder.
307.5.
Midwater Trawl Fishery ...........................................................................
GB Haddock ..................................
286 .................................................
GOM Haddock.
9.
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Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules
TABLE 5—PROPOSED FY 2012 TOTAL ACLS, SUB-ACLS, AND ACL SUB-COMPONENTS (MT, LIVE WEIGHT)
Stock
Total ACL
GB cod .....................................................
GB haddock .............................................
GOM haddock ..........................................
GB yellowtail flounder ..............................
SNE/MA yellowtail flounder .....................
CC/GOM yellowtail flounder ....................
American plaice .......................................
Witch flounder ..........................................
GB winter flounder ...................................
GOM winter flounder ................................
SNE/MA winter flounder ..........................
Redfish .....................................................
White hake ...............................................
Pollock ......................................................
Northern windowpane flounder ................
Southern windowpane flounder ...............
Ocean pout ..............................................
Atlantic halibut ..........................................
Atlantic wolffish ........................................
4,861
29,260
958
547.8
936
1,104
3,459
1,563
3,575
1,040
603
8,786
3,465
14,736
163
381
240
83
77
Preliminary
sector
sub-ACL
Groundfish
sub-ACL
4,605
27,438
912
217.7
760
1,046
3,278
1,448
3,387
715
303
8,325
3,283
12,612
129
72
214
36
73
Preliminary
common
pool
sub-ACL
4,518
27,298
643
214.6
591
1,019
3,207
1,420
3,365
691
0
8,258
3,283
12,513
0
0
0
0
0
87
141
10
3.1
168
27
71
28
22
24
303
66
45
99
129
72
214
36
73
State waters
subcomponent
Other subcomponent
51
307
15
0.0
10
35
36
49
0
272
175
92
73
754
2
39
3
43
1
204
1,229
22
22.6
40
23
145
66
188
54
125
369
109
1,370
33
270
23
4
3
TABLE 6—PROPOSED FY 2013 TOTAL ACLS, SUB-ACLS, AND ACL SUB-COMPONENTS (MT, LIVE WEIGHT)
Stock
Total ACL
GB yellowtail flounder ..............................
GB winter flounder ...................................
GOM winter flounder ................................
SNE/MA winter flounder ..........................
Pollock ......................................................
Northern windowpane flounder ................
Southern windowpane flounder ...............
Ocean pout ..............................................
Atlantic halibut ..........................................
Atlantic wolffish ........................................
547.8
3,572
1,040
672
14,927
163
381
240
83
77
Preliminary
sector
sub-ACL
Groundfish
sub-ACL
217.7
3,384
715
337
12,791
129
72
214
36
73
Preliminary
common
pool
sub-ACL
214.6
3,362
691
0
12,690
0
0
0
0
0
3.1
22
24
337
101
129
72
214
36
73
State waters
subcomponent
Other subcomponent
0.0
0
272
195
756
2
39
3
43
1
22.6
188
54
139
1,380
33
270
23
4
3
TABLE 7—PROPOSED FY 2014 TOTAL ACLS, SUB-ACLS, AND ACL SUB-COMPONENTS (MT, LIVE WEIGHT)
Stock
Total ACL
mstockstill on DSK4VPTVN1PROD with PROPOSALS
GB winter flounder ...................................
GOM winter flounder ................................
SNE/MA winter flounder ..........................
Pollock ......................................................
Northern windowpane flounder ................
Southern windowpane flounder ...............
Ocean pout ..............................................
Atlantic halibut ..........................................
Atlantic wolffish ........................................
3,427
1,040
879
15,308
163
381
240
83
77
5. Annual Specifications for the U.S./
Canada Management Area
Eastern GB cod, eastern GB haddock,
and GB yellowtail flounder are managed
in cooperation with Canada under the
U.S./Canada Resource Sharing
Understanding, which is an informal
agreement between the Northeast
Region of NMFS and the Maritimes
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Preliminary
sector
sub-ACL
Groundfish
sub-ACL
3,247
715
441
13,148
129
72
214
36
73
3,226
691
0
13,044
0
0
0
0
0
Region of the Department of Fisheries
and Ocean of Canada. The FMP
specifies a procedure for setting annual
total allowable catches (TACs) for these
three stocks in the U.S./Canada
Management Area consistent with the
Understanding. Each year the TMGC
negotiates a shared TAC for each stock
based on the most recent stock
information and the TMGC harvest
PO 00000
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Preliminary
common
pool
sub-ACL
21
24
441
104
129
72
214
36
73
State waters
subcomponent
0
272
255
760
2
39
3
43
1
Other subcomponent
180
54
182
1,400
33
270
23
4
3
strategy. The harvest strategy for setting
catch levels is to maintain a low to
neutral (less than 50-percent) risk of
exceeding the fishing mortality limit
reference (Fref = 0.18, 0.26, and 0.25 for
cod, haddock, and yellowtail flounder,
respectively), and, when stock
conditions are poor, fishing mortality
should be further reduced to promote
rebuilding. The shared TACs are
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allocated to the U.S. and Canada based
on a formula that considers historical
catch percentages and the current
resource distribution based on trawl
surveys. The U.S./Canada Management
Area comprises the entire stock area for
GB yellowtail flounder; therefore, the
U.S. TAC for this stock is also the U.S.
ABC.
In September 2011, the TMGC
approved recommendations for 2012
shared TACs for eastern GB cod, eastern
GB haddock, and GB yellowtail
flounder. The TMGC recommended a
shared TAC of 675 mt for eastern GB
cod, 16,000 mt for eastern GB haddock,
and 900 mt for GB yellowtail flounder.
However, at its September 2011
meeting, the Council’s SSC
recommended an ABC of 1,150 mt for
GB yellowtail flounder, which was
higher than the TMGC recommendation.
On September 28, 2011, the Council
reviewed the recommendations of the
TMGC and the SSC, and approved the
TMGC recommendations for eastern GB
cod and eastern GB haddock. The
Council also approved an ABC of up to
1,150 mt for GB yellowtail flounder,
consistent with the SSC’s
recommendation. Because this ABC is
greater than the shared TAC initially
negotiated by the TMGC, the TMGC met
by conference call in October 2011 to
reconsider its 2012 recommendation for
GB yellowtail flounder. The TMGC
concluded that 1,150 mt was an
appropriate shared TAC for GB
yellowtail flounder for 2012 that would
balance the risk of exceeding Fref (0.25)
and the desire to maintain stock
biomass.
The proposed 2012 U.S./Canada TACs
are presented in Table 8. For 2012, the
annual percentage shares for each
country are based on a 10-percent
weighting of historical catches and a 90percent weighting of the current
resource distribution. The regulations
related to the Understanding require
that any overages of the eastern GB cod,
eastern GB haddock, or GB yellowtail
flounder TACs available to the U.S. be
deducted from the pertinent TAC in the
following fishing year. If FY 2011 catch
information indicates that the U.S. TAC
for any of the shared stocks was
exceeded, NMFS will reduce the FY
2012 U.S. TAC for that stock, using
procedures consistent with the
Administrative Procedure Act.
TABLE 8—PROPOSED 2012 U.S./CANADA TACS (MT, LIVE WEIGHT) AND PERCENTAGE SHARES
Eastern GB
cod
TAC
Eastern GB
haddock
GB
yellowtail
flounder
675
162 (24%)
513 (76%)
16,000
6,880 (43%)
9,120 (57%)
1,150
564 (49%)
586 (51%)
Total Shared TAC ....................................................................................................................................
U.S. TAC ..................................................................................................................................................
Canada TAC ............................................................................................................................................
6. Incidental Catch Total Allowable
Catches and Allocations to Special
Management Programs
Incidental catch TACs are specified
for certain stocks of concern (i.e., stocks
that are overfished or subject to
overfishing) for common pool vessels
fishing in the special management
programs (i.e., special access programs
(SAPs) and the Regular B Days-At-Sea
(DAS) Program), in order to limit the
catch of these stocks under such
programs. The Incidental Catch TAC for
each stock is based on the common pool
sub-ACL and is distributed to each
special management program using a
predetermined formula specified in the
regulations. Any catch on a trip that
ends on a Category B DAS (either
Regular or Reserve B DAS) is attributed
to the Incidental Catch TAC for the
pertinent stock. Catch on a trip that
starts under a Category B DAS and then
flips to a Category A DAS is attributed
to the common pool sub-ACL.
This proposed rule specifies
incidental catch TACs for the NE
multispecies special management
programs for FYs 2012–2014 based on
the proposed common pool sub-ACLs
listed in Item 4 of this preamble (Table
11, Table 12, Table 13). The FY 2012
sector rosters will not be finalized until
May 1, 2012, for the reasons mentioned
earlier in this preamble. Therefore, the
common pool sub-ACL may change due
to changes to the FY 2012 sector rosters.
Updated incidental catch TACs will be
published in the Framework 47 final
rule, or a subsequent adjustment rule, if
necessary, based on the final sector
rosters as of May 1, 2012.
TABLE 11—PROPOSED COMMON POOL INCIDENTAL CATCH TACS FOR FY 2012–2014 (MT, LIVE WEIGHT)
Percentage
of common
pool
sub-ACL
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Stock
GB cod .............................................................................................................................
GB yellowtail flounder ......................................................................................................
SNE/MA yellowtail flounder .............................................................................................
CC/GOM yellowtail flounder ............................................................................................
Plaice ...............................................................................................................................
Witch Flounder .................................................................................................................
GB winter flounder ...........................................................................................................
SNE/MA winter flounder ..................................................................................................
White Hake ......................................................................................................................
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2
1
1
5
5
2
1
2
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2012
2013
1.7
0.1
1.7
0.3
3.5
1.4
0.4
3.0
0.9
27MRP1
2014
n/a
n/a
n/a
n/a
n/a
n/a
0.4
3.4
n/a
n/a
n/a
n/a
n/a
n/a
n/a
0.4
4.4
n/a
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TABLE 12—PERCENTAGE OF INCIDENTAL CATCH TACS DISTRIBUTED TO EACH SPECIAL MANAGEMENT PROGRAM
Closed area
I hook gear
haddock
SAP
(percent)
Stock
GB cod .....................................................................................................................................................
GB yellowtail flounder ..............................................................................................................................
SNE/MA yellowtail flounder .....................................................................................................................
CC/GOM yellowtail flounder ....................................................................................................................
Plaice .......................................................................................................................................................
Witch Flounder .........................................................................................................................................
GB winter flounder ...................................................................................................................................
SNE/MA winter flounder ..........................................................................................................................
White Hake ..............................................................................................................................................
Eastern US/
CA haddock
SAP
(percent)
16
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
Regular B
DAS
program
(percent)
34
50
n/a
n/a
n/a
n/a
50
n/a
n/a
50
50
100
100
100
100
50
100
100
TABLE 13—INCIDENTAL CATCH TACS FOR EACH SPECIAL MANAGEMENT PROGRAM FOR FY 2012–2014 (MT, LIVE
WEIGHT)
Regular B DAS
program
Stock
Closed area I hook
gear haddock SAP
Eastern U.S./Canada
haddock SAP
2012
GB cod ...............................................................................................
GB yellowtail flounder ........................................................................
SNE/MA yellowtail flounder ...............................................................
CC/GOM yellowtail flounder ..............................................................
Plaice .................................................................................................
Witch Flounder ...................................................................................
GB winter flounder .............................................................................
SNE/MA winter flounder ....................................................................
White hake .........................................................................................
7. Common Pool Trimester Total
Allowable Catches
Beginning in FY 2012, the common
pool sub-ACL for each stock will be
divided into trimester TACs at the start
of the fishing year. The percentage of
each sub-ACL allocated to each
trimester was determined in
Amendment 16. The current regulations
require that, with the exception of both
stocks of windowpane flounder, ocean
pout, and Atlantic halibut, once 90
percent of the trimester TAC is
projected to be caught, the area where
90 percent of the catch for the pertinent
stock occurred will be closed. The area
closure will apply to all common pool
vessels fishing with gear capable of
catching the pertinent stock. The
trimester TAC areas for each stock, as
well as the applicable gear types are
defined at § 648.82(n)(2). Any overages
or underages of the trimester TAC in
2013
2014
2012
2013
2014
2012
2013
2014
0.9
0.03
1.7
0.3
3.5
1.4
0.2
3.0
0.9
n/a
n/a
n/a
n/a
n/a
n/a
0.2
3.4
n/a
n/a
n/a
n/a
n/a
n/a
n/a
0.2
4.4
n/a
0.3
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
0.0
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
0.0
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
0.6
0.03
n/a
n/a
n/a
n/a
0.2
n/a
n/a
0.0
n/a
n/a
n/a
n/a
n/a
0.2
n/a
n/a
0.0
n/a
n/a
n/a
n/a
n/a
0.2
n/a
n/a
Trimester 1 or Trimester 2 will be
applied to the next trimester (e.g., any
remaining portion of the Trimester 1
TAC will be added to the Trimester 2
TAC). Any overage of the total sub-ACL
will be deducted from the following
fishing year’s common pool sub-ACL for
that stock. Uncaught portions of the
Trimester 3 TAC will not be carried over
into the following fishing year.
Based on the ACLs and sub-ACLs
proposed in Framework 47, this rule
also proposes trimester TACs for FYs
2012–2014 for the common pool (Table
14 and Table 15). As described earlier,
vessels have until April 30, 2012, to
drop out of a sector, and common pool
vessels have been provided additional
flexibility to join a sector through April
30, 2012. Sector rosters for each fishing
year are finalized on May 1. The ACLs
and sub-ACLs proposed in this rule are
based on current FY 2012 sector rosters
as of December 1, 2011. Any changes to
the sector rosters will also change the
proposed sector and common pool subACLs, and as a result, the trimester
TACs proposed in this rule may also
change. Based on the final sector rosters,
NMFS will publish a rule in early May
2012, if necessary, to modify these subACLs, and notify the public of these
changes. As described in Item 9 of this
preamble, Framework 47 proposes to
revise the accountability measures for
the groundfish fishery for the six stocks
not currently allocated to sectors. If
approved, these proposed measures
would remove the common pool
trimester TAC requirement for SNE/MA
winter flounder, both stocks of
windowpane flounder, ocean pout,
Atlantic halibut, and Atlantic wolffish.
Proposed FY 2012–2014 trimester TACs
are presented in Table 15 for each stock
based on the current regulations.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
TABLE 14—PERCENTAGE OF COMMON POOL SUB-ACL DISTRIBUTED TO EACH TRIMESTER
Percentage of common pool sub-ACL
Stock
Trimester 1
Trimester 2
Trimester 3
25
27
27
27
19
37
36
33
26
30
38
37
40
47
52
GB Cod ....................................................................................................................................................
GOM Cod .................................................................................................................................................
GB Haddock ............................................................................................................................................
GOM Haddock .........................................................................................................................................
GB Yellowtail Flounder ............................................................................................................................
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TABLE 14—PERCENTAGE OF COMMON POOL SUB-ACL DISTRIBUTED TO EACH TRIMESTER—Continued
Percentage of common pool sub-ACL
Stock
Trimester 1
Trimester 2
Trimester 3
21
35
24
27
8
37
36
25
38
28
33
33
33
33
75
37
35
36
31
24
38
50
31
31
35
33
33
33
33
13
42
30
40
42
69
25
14
44
31
37
34
34
34
34
12
SNE/MA Yellowtail Flounder ...................................................................................................................
CC/GOM Yellowtail Flounder ..................................................................................................................
American Plaice .......................................................................................................................................
Witch Flounder .........................................................................................................................................
GB Winter Flounder .................................................................................................................................
GOM Winter Flounder .............................................................................................................................
SNE/MA Winter Flounder ........................................................................................................................
Redfish .....................................................................................................................................................
White Hake ..............................................................................................................................................
Pollock .....................................................................................................................................................
N. Windowpane Flounder ........................................................................................................................
S. Windowpane Flounder ........................................................................................................................
Ocean Pout ..............................................................................................................................................
Atlantic Halibut .........................................................................................................................................
Atlantic Wolffish .......................................................................................................................................
TABLE 15—PROPOSED FY 2012–2014 COMMON POOL TRIMESTER TACS
2012
2013
2014
Stock
Tri 1
GB Cod ............................................................................
GOM Cod .........................................................................
GB Haddock .....................................................................
GOM Haddock .................................................................
GB Yellowtail Flounder ....................................................
SNE/MA Yellowtail Flounder ............................................
CC/GOM Yellowtail Flounder ...........................................
American Plaice ...............................................................
Witch Flounder .................................................................
GB Winter Flounder .........................................................
GOM Winter Flounder ......................................................
SNE/MA Winter Flounder .................................................
Redfish .............................................................................
White Hake .......................................................................
Pollock ..............................................................................
N. Windowpane Flounder ................................................
S. Windowpane Flounder .................................................
Ocean Pout ......................................................................
Atlantic Halibut .................................................................
Atlantic Wolffish ................................................................
Tri 2
21.8
0.0
38.0
2.6
0.6
32.0
9.5
17.0
7.6
1.8
8.8
109.0
16.6
17.2
27.8
42.5
23.7
70.7
12.0
55.0
32.2
0.0
46.4
2.5
0.9
50.5
9.5
25.5
8.8
5.3
9.0
151.4
20.6
14.0
34.8
42.5
23.7
70.7
12.0
9.5
Tri 3
33.1
0.0
56.2
4.6
1.6
87.6
8.1
28.3
11.9
15.2
5.9
42.4
29.2
14.0
36.8
43.8
24.4
72.9
12.4
8.8
Tri 1
Tri 2
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
1.8
8.8
121.3
n/a
n/a
28.2
42.5
23.7
70.7
12.0
55.0
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
5.3
9.0
168.5
n/a
n/a
35.3
42.5
23.7
70.7
12.0
9.5
Tri 3
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
15.2
5.9
47.2
n/a
n/a
37.3
43.8
24.4
72.9
12.4
8.8
Tri 1
Tri 2
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
1.7
8.8
158.8
n/a
n/a
29.0
42.5
23.7
70.7
12.0
55.0
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
5.1
9.0
220.5
n/a
n/a
36.3
42.5
23.7
70.7
12.0
9.5
Tri 3
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
n/a
14.5
5.9
61.7
n/a
n/a
38.3
43.8
24.4
72.9
12.4
8.8
mstockstill on DSK4VPTVN1PROD with PROPOSALS
* Tri 1 = Trimester 1; Tri 2 = Trimester 2; Tri 3 = Trimester 3.
8. Common Pool Restricted Gear Areas
Amendment 16 implemented two
restricted gear areas (RGAs) for common
pool vessels beginning in FY 2010: The
Western GB Multispecies RGA and the
SNE Multispecies RGA. These RGAs
were developed to help meet the
mortality objectives for the common
pool fishery and primarily reduce the
catch of flatfish species by common
pool vessels. The current regulations
require common pool vessels fishing
under a NE multispecies DAS that fish
any part of a trip in these RGAs to use
a haddock separator trawl, a Ruhle
trawl, a rope trawl, longline/tub trawls,
handgear, or sink gillnets. Tie-down
gillnets are also allowed to be used in
these areas, or stowed on board, as long
as the mesh is greater than or equal to
10 inches (25.4 cm). Common pool
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vessels fishing in either of these RGAs
are required to declare into the area via
the Vessel Monitoring System, or obtain
a letter of authorization from the RA to
fish in these RGAs.
Framework 47 proposes to remove the
Western GB and SNE Multispecies
RGAs based on a determination that
there are sufficient fishing mortality
controls for common pool vessels to
limit catch within the pertinent catch
limits. In addition, Framework 47 also
proposes to modify AMs for several
groundfish stocks, which, if approved,
would include restricted gear areas for
common pool and sector vessels if total
catch limits are exceeded during the
fishing year. Removing the Western GB
and SNE Multispecies RGAs would
simplify the regulations and avoid
confusion between the proposed AM
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Fmt 4702
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areas and the existing common pool
RGAs. In addition, removing the
Western GB and SNE Multispecies
RGAs would facilitate fishing by
common pool vessels without risk of
exceeding common pool catch limits.
9. Accountability Measures
AMs are required to prevent
overfishing and ensure accountability in
the fishery. Proactive AMs are intended
to prevent ACLs from being exceeded
and reactive AMs are meant to correct
or mitigate overages if they occur.
Amendment 16 implemented AMs for
all of the groundfish stocks. For the six
stocks not currently allocated to sectors
(SNE/MA winter flounder, northern and
southern windowpane flounder, ocean
pout, Atlantic wolffish, and Atlantic
halibut), the current AM is triggered if
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catch by sector and common pool
vessels exceeds the common pool catch
limit. For FYs 2010 and 2011, if the
common pool sub-ACL is exceeded, a
differential DAS rate based on the
proportion of the common pool subACL caught is applied in the differential
DAS area for the pertinent stock. The
differential DAS rate only applies to
common pool vessels fishing under a
NE multispecies DAS. Beginning in FY
2012, the common pool sub-ACL will be
divided into trimester TACs. For
Atlantic wolffish and SNE/MA winter
flounder, if the common pool catch
exceeds 90 percent of the trimester TAC,
the area that accounts for 90 percent of
the catch would be closed to common
pool vessels fishing with certain gear
types for the remainder of the trimester.
Any overages of the common pool subACL will be deducted from the sub-ACL
for the pertinent stock in the following
fishing year.
Upon approval of Amendment 16,
NMFS notified the Council that it was
concerned with the AMs developed for
stocks not allocated to sectors because
they lacked sector-specific AMs. NMFS
recommended that the Council develop
appropriate AMs for these stocks in a
future action. As a result, Framework 47
proposes to modify the AMs for these
stocks for common pool and sector
vessels. During the development of
Framework 47, there was ongoing
litigation on Amendment 16.
Environmental groups challenged
Amendment 16 partially due to the lack
of sector-specific AMs for stocks not
allocated to sectors. On December 20,
2011, the U.S. District Court for the
District of Columbia upheld all
challenged measures in Amendment 16,
except for the AMs for those stocks not
allocated to sectors (SNE/MA winter
flounder, northern windowpane
flounder, southern windowpane
flounder, ocean pout, Atlantic halibut,
and Atlantic wolffish). In its only
adverse finding, the Court found that
Amendment 16 lacked adequate reactive
AMs (i.e., AMs that are implemented if
an ACL is exceeded) for these stocks
and remanded the issue to NMFS and
the Council for further action. NMFS is
requesting public comment on the
adequacy of the proposed AMs in this
action in light of the recent litigation.
Ocean Pout and Windowpane
Flounder, and Atlantic Halibut
Framework 47 proposes area-based
AMs for ocean pout and both stocks of
windowpane flounder, and a zeropossession AM for Atlantic halibut for
sector and common pool vessels that
would be triggered if the total ACL is
exceeded. During year 2, NMFS would
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evaluate catch for year 1, and, if the
total ACL is exceeded, the AM would be
implemented in year 3. For example, if
the total ACL for ocean pout is exceeded
in FY 2012, NMFS would implement
the applicable AM for ocean pout in FY
2014. To determine if the total ACL is
exceeded, NMFS would include catch
by the groundfish fishery as well as
catch by sub-components of the fishery
(e.g., state waters and non-groundfish
fisheries). The implementation of AMs
in year 3 would allow a complete and
accurate evaluation of catch for year 1.
Catch of these stocks occurs in state
waters and non-groundfish fisheries,
and in-season catch data is not available
for these fisheries. Due to the current
data availability, the proposed timing of
these AMs would allow for accurate
catch accounting, and will ensure an
AM is not inadvertently implemented.
Improved data availability in the future
may allow for modification of the timing
of these AMs.
Currently, ocean pout, northern and
southern windowpane flounder, and
Atlantic halibut are not allocated to
sectors, and a sub-ACL is only specified
for the common pool fishery. Catch by
common pool and sector vessels is
applied to the common pool sub-ACL
for these stocks. However, if a sub-ACL
is specified in the future for other
fisheries, and AMs are developed for
these fisheries, the AMs for the
groundfish fishery or any other fisheries
would only be triggered if the total ACL
for the stock is exceeded and the
fishery’s sub-ACL was also exceeded,
including its share of any overage
caused by other sub-components of the
fishery. Since these proposed AMs are
meant to restrict catch by common pool
and sector vessels, sectors would not be
able to request an exemption from these
AM provisions.
If the total ACL is exceeded for ocean
pout, northern windowpane flounder, or
southern windowpane flounder in year
1, gear restrictions would apply in the
AM areas developed for each stock for
both sector and common pool vessels in
year 3. For all three stocks, trawl vessels
would be required to use selective trawl
gear. Approved gears include the
haddock separator trawl, the Ruhle
trawl (see Item 14 for description of
Ruhle trawl that includes the mid-sized
eliminator (or Ruhle) trawl in the
definition of this gear type), the rope
trawl, and any other gears authorized by
the Council in a management action or
approved for use consistent with the
process defined at § 648.85(b)(6). There
would be no restrictions on longline or
gillnet gear because it was determined
that these gear types comprise a small
amount of the total catch for these
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18185
stocks. If the amount of the total ACL
overage is between the management
uncertainty buffer and up to 20 percent,
the small AM area would be triggered
for the pertinent stock. Currently, the
management uncertainty buffer is 5
percent; however, this buffer could be
modified in the future. If the amount of
the overage is more than 20 percent, the
large AM area would be triggered. The
applicable GB AM area would be
implemented if the total ACL for
northern windowpane is exceeded, and
the applicable SNE AM area would be
implemented if the total ACL for
southern windowpane is exceeded. Both
the GB and SNE AM areas would be
implemented if the total ACL for ocean
pout is exceeded. Sectors would be
prohibited from requesting an
exemption from these AM provisions.
Currently, common pool and sector
vessels have a one-fish landing limit for
Atlantic halibut. If the total ACL for
Atlantic halibut is exceeded in year 1,
landing of Atlantic halibut would be
prohibited by common pool and sector
vessels in year 3. This AM is expected
to keep mortality of Atlantic halibut
below the target levels because a portion
of the discarded fish would be expected
to survive.
SNE/MA Winter Flounder and Atlantic
Wolffish
Currently, commercial and
recreational vessels are prohibited from
possessing SNE/MA winter flounder
and Atlantic wolffish. Framework 47
proposes to adopt the current
possession prohibition as a proactive
AM for SNE/MA winter flounder and
Atlantic wolffish for both commercial
and recreational vessels. Under these
proposed measures, the current
trimester TAC AM for SNE/MA winter
flounder and Atlantic wolffish that
applies to common pool vessels would
be removed. Based on FY 2010 catch
information and partial FY 2011 catch
information, the prohibition on
possession has adequately kept the
catch of this stock within the mortality
targets.
10. Removal of Cap on Yellowtail
Flounder Catch in Scallop Access Areas
In 2004, Framework 39 to the NE
Multispecies FMP and Framework 16 to
the Atlantic Sea Scallop FMP
implemented a cap on the amount of
yellowtail flounder that could be caught
in the Nantucket Lightship, Closed Area
I, and Closed Area II Sea Scallop Access
Areas. This measure was implemented
before ACL and AM provisions were
added to the NE Multispecies and
Atlantic Sea Scallop FMPs in order to
ensure that yellowtail flounder catches
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did not exceed the target TACs for
yellowtail flounder or exceed the U.S
TAC for GB yellowtail flounder. Under
the current regulations, scallop vessels
are allowed to catch up to 10 percent of
the total SNE/MA yellowtail flounder
ACL from the Nantucket Lightship Sea
Scallop Access Area, and up to 10
percent combined of the U.S. TAC of GB
yellowtail flounder from the Closed
Area I and Closed Area II Sea Scallop
Access Areas. Once the 10-percent
access area cap is caught, the pertinent
access area is closed to scallop vessels
for the remainder of the scallop fishing
year.
Framework 47 proposes to remove the
10-percent access area cap for the
Nantucket Lightship, Closed Area I, and
Closed Area II Sea Scallop Access
Areas. The scallop fishery would still be
subject to its GB and SNE/MA
yellowtail flounder sub-ACLs, but there
would be no limit on how much of the
sub-ACLs could be caught in the scallop
access areas. This proposed measure
would remove an unnecessary provision
now that the fishery is managed under
ACLs. ACLs limit the amount of
yellowtail flounder that can be caught
by the scallop fishery, so a catch cap for
the access areas is no longer necessary
to meet fishing mortality objectives.
11. Implementation of Scallop Fishery
Accountability Measure
Each year a portion of the GB and
SNE/MA yellowtail flounder ABC is
allocated to the scallop fishery as a subACL. Currently, if the scallop fishery
exceeds its sub-ACL for either of these
stocks by 1 percent or more in the
scallop fishing year, pre-identified
statistical areas with high catch rates of
yellowtail flounder will close to limited
access scallop vessels. The closure
would be in place for consecutive
months beginning at the start of the
subsequent scallop fishing year, and the
duration of the closure would depend
on the magnitude of the overage. The
proposed rule for Framework 23 to the
Atlantic Sea Scallop FMP (Framework
23) was published in the Federal
Register on January 3, 2012 (77 FR 52).
Framework 23 proposes to revise the
yellowtail flounder seasonal closure AM
schedule for scallop vessels to ensure
that the closures would occur during the
months with the highest yellowtail
flounder catch rates. If approved,
Framework 23 would likely become
effective in April 2012.
Framework 47 proposes to modify
when the AM for the scallop fishery
would be triggered. If the scallop fishery
exceeds it sub-ACL for any groundfish
stock, and the total ACL for that stock
is also exceeded, the corresponding
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scallop seasonal closure would be
implemented according to the seasonal
closure AM schedule. In addition, if the
scallop fishery exceeds its sub-ACL by
50 percent or more for any groundfish
stock, the scallop seasonal closure AM
would be implemented according to the
schedule. When evaluating whether the
total ACL has been exceeded for a
groundfish stock for the purposes of
triggering the scallop fishery AM, NMFS
would add the maximum carryover
available to the groundfish fishery to the
estimate of total catch. Currently, the
scallop fishery is allocated a sub-ACL
for GB and SNE/MA yellowtail
flounder; however, this measure would
also apply to the scallop fishery AM for
any additional groundfish stock that is
allocated to the scallop fishery in a
future action. If approved, this measure
would apply retroactively to the 2011
scallop fishing year.
The scallop fishing year ends on
February 28, and the groundfish fishing
year ends on April 30. Given the
differences in fishing years, complete
catch information for GB and SNE/MA
yellowtail flounder would not be
available until sometime after April 30.
In addition, inseason catch information
is not available for groundfish ACL subcomponents, such as state waters catch.
As a result, when evaluating the total
catch of GB and SNE/MA yellowtail
flounder for the purposes of triggering
the scallop fishery AM, NMFS would
primarily rely on partial catch
information to project total fishing year
catch of these two stocks from state
waters and non-groundfish fisheries.
NMFS would also use partial fishing
year data to estimate GB and SNE/MA
yellowtail flounder catch by the
groundfish fishery and would project
catch of these two stocks by groundfish
vessels for the remainder of the
groundfish fishing year. Although this
proposed measure would allow more
flexibility for the scallop fishery, there
would be uncertainty associated with
the catch projections used to determine
whether the scallop fishery AM should
be triggered. NMFS is seeking public
comment on the use of these catch
estimates for the purposes of triggering
the scallop fishery AM.
This proposed measure would allow
more flexibility in the fishery.
Currently, the yellowtail flounder
allocation to the scallop fishery is based
on an estimate of the yellowtail flounder
expected to be caught with the projected
scallop harvest for the fishing year.
Because there is uncertainty in
estimating the projected yellowtail
flounder catch in the scallop fishery, the
proposed revision to the AM trigger
would account for projection
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Fmt 4702
Sfmt 4702
uncertainty without compromising the
mortality objectives for GB and SNE/MA
yellowtail flounder. In addition,
triggering the AM when the scallop
fishery exceeds its allocation by 50
percent or more will still ensure
accountability in the fishery. The
Council did not specifically include
how to reference this measure in the
scallop regulations in Framework 47;
therefore, these references are proposed
by NMFS under the authority of Section
305(d) of the Magnuson-Stevens Act.
12. Inseason Re-Estimation of Scallop
Fishery GB Yellowtail Flounder SubACL
The allocation of the GB yellowtail
flounder sub-ACL to the scallop fishery
is based on an estimate of the amount
of GB yellowtail flounder the scallop
fishery is expected to catch, which is
determined by the scallop quota for the
fishing year. The estimate is based on
past fishing activity and projected
changes in the stock size of GB
yellowtail flounder and scallops. There
are no restrictions on how much GB
yellowtail flounder can be allocated to
the scallop fishery. In FY 2010, the
scallop fishery was allocated 100
percent of the estimated GB yellowtail
flounder catch associated with the
projected scallop catch. In FY 2011 and
FY 2012, the scallop fishery was
allocated 90 percent of the projected GB
yellowtail flounder catch. Because there
is uncertainty in the initial estimates of
projected GB yellowtail flounder catch,
there is a possibility that the initial
allocation to the scallop fishery could be
too low, which could cause the scallop
sub-ACL to be exceeded, or that the
initial allocation to the scallop fishery
could be too high, which could reduce
GB yellowtail flounder yield.
Due to the uncertainty in the initial
estimates of projected GB yellowtail
flounder and scallop catch, and to
prevent the loss of available yield of GB
yellowtail flounder, Framework 47
proposes to create a mechanism to reestimate the expected GB yellowtail
flounder catch by the scallop fishery by
January 15 of each fishing year. If the reestimate of projected GB yellowtail
flounder indicates that the scallop
fishery will catch less than 90 percent
of its sub-ACL, NMFS would reduce the
scallop fishery sub-ACL to the amount
expected to be caught and increase the
groundfish fishery sub-ACL for GB
yellowtail flounder by the difference
between the original estimate and the
revised estimate. The increase to the
groundfish fishery sub-ACL would be
distributed to sectors and the common
pool. NMFS would not make any
changes to the GB yellowtail flounder
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sub-ACL for the scallop fishery if the
revised estimate indicates that the
scallop fishery will catch 90 percent or
more of its sub-ACL. NMFS would
notify the public of any changes to the
GB yellowtail flounder sub-ACLs
consistent with the Administrative
Procedure Act.
In addition, due to uncertainty
associated with the revised estimate of
expected GB yellowtail flounder catch,
NMFS would have the authority to
adjust the size of the change made to the
sub-ACLs for the scallop and groundfish
fisheries. Based on the amount of the
uncertainty, NMFS could revise the subACLs by any amount between the initial
estimate of expected GB yellowtail
flounder catch by the scallop fishery
and the revised estimate.
Implementation of this measure would
be delayed until data availability for
projecting GB yellowtail flounder catch
is sufficient to re-estimate the GB
yellowtail flounder sub-ACL for the
scallop fishery mid-season.
Consideration of uncertainty and delay
in implementation of this measure
would avoid errors in the re-estimation
of the GB yellowtail flounder sub-ACLs
if the projected scallop fishery catch is
underestimated. Errors in the reestimation of the scallop fishery subACL could cause the scallop fishery to
exceed its sub-ACL if projected catch is
underestimated. In addition, if the
groundfish fishery catches the
additional GB yellowtail flounder
allocated mid-fishing year, the U.S. TAC
for GB yellowtail flounder could be
exceeded.
This proposed measure will prevent
any loss of GB yellowtail flounder yield
that may occur if the initial catch
estimate of this stock by the scallop
fishery is too high. Re-estimation of the
expected GB yellowtail flounder catch
by the scallop fishery mid-season would
allow additional GB yellowtail flounder
yield by the commercial groundfish
fishery and would help achieve
optimum yield for this stock.
13. Annual Measures for FY 2012 Under
Regional Administrator Authority
The FMP provides authority for the
RA to implement certain types of
management measures for the common
pool fishery, the U.S./Canada
Management Area, and Special
Management Programs on an annual
basis, or as needed. This proposed rule
includes a description of the
management measures being considered
by the RA for FY 2012 in order to
provide an opportunity for the public to
comment on whether the proposed
measures are appropriate. These
measures are not part of Framework 47,
and were not specifically proposed by
the Council, but are proposed in
conjunction with Framework 47 for
expediency purposes and because they
relate to the proposed Framework 47
18187
measures (i.e., ACLs). The RA may
implement different measures from the
FY 2012 measures proposed in this
action if current information indicates
such measures are necessary to meet the
requirements of the FMP. The measures
implemented through RA authority for
FY 2012 will be implemented through
the Framework 47 final rule, or, if
necessary, through a separate final rule.
The RA has the authority to modify
common pool trip limits in order to
prevent exceeding the common pool
sub-ACLs and facilitate harvest so total
catch approaches the common pool subACLs. Table 16 provides a summary of
the default trip limits that would take
effect in FY 2012 if the RA takes no
action, the common pool trip limits for
FY 2011, and the proposed trip limits
that would be in effect for the start of
FY 2012. Proposed trip limits for FY
2012 were developed after considering
changes to the FY 2012 common pool
sub-ACLs and sector rosters, trimester
TACs for FY 2012, catch rates of each
stock during FY 2011, bycatch, the
potential for differential DAS counting
in FY 2012, and other available
information. For stocks that include a
range of potential trip limits in Table 16,
a final trip limit would be specified in
the final rule implementing these
measures based upon public comment.
NMFS is requesting public input on
common pool trip limits for FY 2012.
TABLE 16—DEFAULT, FY 2011, AND PROPOSED FY 2012 TRIP LIMITS FOR THE COMMON POOL
Stock
Default limit in regulations
FY 2011 trip limit
Proposed FY 2012 trip limit
GOM cod .......................................
800 lb (362.9 kg) per DAS, up to
4,000 lb (1,818.2 kg) per trip.
500 lb (226.8 kg)—800 lb (362.9
kg) per DAS, up to 2,000 lb
(907.2 kg) per trip.
GB cod ...........................................
2,000 lb (907.2 kg) per DAS, up
to 20,000 lb (9,072 kg) per trip.
GOM haddock ................................
Unrestricted ..................................
500 lb (226.8 kg) per DAS, up to
2,000 lb (907.2 kg) per trip; reduced to 350 lb (158.8 kg) per
DAS up to 1,000 lb (453.6 kg)
per trip.
3,000 lb (1,360.8 kg) per DAS, up
to 30,000 lb (13,607.8 kg) per
trip; reduced to 300 lb (136.1
kg) per DAS, up to 600 lb
(272.2 kg) per trip.
1,000 lb (453.6 kg) per trip ...........
GB haddock ...................................
Unrestricted ..................................
10,000 lb (4,535.9 kg) per trip ......
GOM winter flounder .....................
GB winter flounder .........................
CC/GOM yellowtail flounder ..........
Unrestricted ..................................
Unrestricted ..................................
250 lb (113.4 kg) per DAS, up to
1,500 (680.4 kg) per trip.
Unrestricted ..................................
250 lb (113.4 kg) per trip ..............
1,000 lb (453.6 kg) per trip ...........
500 lb (226.8 kg) per DAS, up to
2,000 (907.2 kg) per trip.
1,500 (680.4 kg) per trip ...............
SNE/MA yellowtail flounder ...........
250 lb (113.4 kg) per DAS, up to
1,500 (680.4 kg) per trip.
500 lb (226.8 kg), up to 2,000
(907.2 kg) per trip.
American plaice .............................
Pollock ...........................................
Unrestricted ..................................
1,000 lb (450 kg) per DAS; up to
10,000 lb (4,500 kg) per trip.
Unrestricted ..................................
500 lb (226.8 kg) per DAS; up to
2,000 lb (907.2 kg) per trip.
Unrestricted ..................................
Unrestricted ..................................
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GB yellowtail flounder ....................
Witch flounder ................................
White hake .....................................
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250 lb (113.4 kg) per trip ..............
1,500 lb (680.4 kg) per trip ...........
Sfmt 4702
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2,000 lb (907.2 kg) per DAS, up
to 20,000 lb (9,072 kg) per trip.
750 lb (340.2 kg)—1,000 lb
(453.6 kg) per trip.
7,500 lb (3,402 kg)—10,000 lb
(4,535.9 kg) per trip.
250 lb (113.4 kg) per trip.
1,000 lb (453.6 kg) per trip.
250 lb (113.4 kg) per DAS, up to
1,500 (680.4 kg) per trip.
1,000 (453.6 kg)—1,500 (680.4
kg) per trip.
500 lb (226.8 kg), up to 2,000
(907.2 kg) per trip—1,500 lb
(680.4 kg), up to 4,500 (2,041.1
kg) per trip.
Unrestricted.
Unrestricted.
250 lb (113.4 kg) per trip.
1,000 lb (453.6 kg)—1,500 lb
(680.4 kg) per trip.
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TABLE 16—DEFAULT, FY 2011, AND PROPOSED FY 2012 TRIP LIMITS FOR THE COMMON POOL—Continued
Stock
Default limit in regulations
FY 2011 trip limit
Redfish ...........................................
Unrestricted ..................................
Unrestricted ..................................
The RA has the authority to determine
the allocation of the total number of
trips into the Closed Area II Yellowtail
Flounder/Haddock SAP based on
several criteria, including the GB
yellowtail flounder TAC and the
amount of GB yellowtail flounder
caught outside of the SAP. In 2005,
Framework 40B (June 1, 2005; 70 FR
31323) implemented a provision that no
trips should be allocated to the Closed
Area II Yellowtail Flounder/Haddock
SAP if the available GB yellowtail
flounder catch is insufficient to support
at least 150 trips with a 15,000-lb
(6,804-kg) trip limit (i.e., 150 trips of
15,000 lb (6,804 kg)/trip, or 2,250,000 lb
(1,020,600 kg). This calculation
accounts for the projected catch from
the area outside the SAP. Based on the
groundfish sub-ACL of 479,946 lb
(217,700 kg), there is insufficient GB
yellowtail flounder to allocate any trips
to the SAP, even if the projected catch
from outside the SAP area is zero.
Therefore, based on existing authority,
this action proposes to allocate zero
trips to the Closed Area II Yellowtail
Flounder/Haddock SAP for FY 2012.
Vessels could still fish in this SAP in FY
2012 using a haddock separator trawl, a
Ruhle trawl, or hook gear. Vessels
would not be allowed to fish in this SAP
using flounder nets.
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14. Mid-Size Ruhle Trawl
The Council requested that NMFS
implement a smaller-scale version of the
Ruhle trawl (i.e., the mid-size
Eliminator Trawl), which is a trawl
designed with large meshes in the
forward part of the net to reduce catch
of cod and flatfish. Specifically, the
Council requested that the mid-size
Eliminator Trawl should be: (1)
Available for use by both sector and
non-sector vessels in the Eastern U.S./
Canada Haddock SAP and Regular B
DAS Program; and (2) assigned a
separate gear code but should not be
assigned a separate stratum for the
purpose of discard information. This
action proposes to broaden the current
definition of the Ruhle Trawl to include
the mid-size Eliminator trawl.
Expanding this definition would
increase fishing opportunity for smaller
vessels by allowing them to utilize this
smaller-scale trawl, and therefore, have
access to the Haddock SAP, as well as
the B DAS program. In addition, vessels
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would be able to operate under the
Ruhle trawl gear code, which would
result in reduced discard rates for
certain species, particularly depleted
stocks that may have constraining catch
limits.
Vessels fishing in the Regular B DAS
Program or the Haddock SAP must use
approved trawl gear that has been
determined to reduce the catch of NE
multispecies stocks of concern. The RA
may approve additional gears for use in
the Regular B DAS Program and the
Eastern U.S./Canada Haddock SAP if a
gear meets gear performance standards
defined at § 648.85(b)(6)(iv)(J)(2). These
gear performance standards were
developed to allow the harvest of
healthy stocks (e.g., GB haddock) while
avoiding the capture of stocks of
concern (e.g., GB cod and GB yellowtail
flounder). The full-size Eliminator trawl
(i.e., Ruhle trawl) was tested in 2006.
This experiment demonstrated that it
effectively harvested the target species
haddock while reducing catches of cod
and other stocks of concern. NMFS,
upon the request of the Council,
approved the Ruhle trawl for use in the
B DAS Program and Haddock SAP on
July 14, 2008 (73 FR 40186). The current
definition of the Ruhle trawl is specific
to the experimental net, which was
designed for relatively large vessels.
The University of Rhode Island (URI)
conducted a follow-on study that tested
two smaller versions of the Ruhle trawl
that could be used by smaller vessels
(small-size Eliminator trawl and midsize Eliminator trawl) to determine if
the catch performance of the smaller
trawls is similar to that of the full-size
trawl. In January 2010, URI submitted a
final report titled ‘‘Exploring Bycatch
Reduction in the Haddock Fishery
Through the Use of the Eliminator
Trawl (Ruhle Trawl) with Fishing
Vessels in the 250 to 550 HP Range.’’
Although the small-size Eliminator did
not attain the desired catch performance
results, the mid-size Eliminator had
catch performance characteristics very
similar to those of the Ruhle trawl.
Following a successful peer review, the
Council determined that the mid-size
Eliminator trawl effectively meets the
pertinent gear performance standards
and requested that NMFS approve the
use of the mid-size Eliminator trawl for
use by sector and non-sector vessels in
the B DAS Program and Haddock SAP.
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Proposed FY 2012 trip limit
Unrestricted.
Vessels participating in the NE
multispecies common pool and sector
management programs are subject to
catch limits, which include discarded
catch. Vessel Trip Report (VTR) gear
codes, in conjunction with stock area
fished and sector, are used to establish
discard strata for each NE multispecies
stock to ensure these catch limits are not
exceeded. Each discard stratum has a
particular discard rate associated with
each NE multispecies stock based on
Northeast Fisheries Observer Program
(NEFOP) and at-sea-monitor (ASM)
data. There are currently three
commonly used VTR trawl gear codes
for groundfish: Bottom fish; haddock
separator; and Ruhle trawl. Because the
haddock separator trawl and the Ruhle
trawl were designed to fish more
selectively than a regular bottom fish
trawl, trips using these two gear types
generally have reduced catch for certain
stocks of NE multispecies, particularly
flatfish and cod, resulting in a lower
discard rate for these species. Due to the
similar catch performance
characteristics of the mid-size
Eliminator and Ruhle trawl, the Council
has requested that data from both be
pooled for the purpose of assigning
discard rates and establishing discard
strata.
The Council also requested that
NMFS create a new VTR gear code for
the mid-size Eliminator Trawl as a
means to monitor the catch performance
of this net design in the fishery.
However, creating a new gear code
would not achieve the Council’s
objective. A mid-size Eliminator trawl
could range in size from the
experimental net up to the size of the
Ruhle trawl. Consequently, a vessel may
correctly choose the mid-size Eliminator
Trawl VTR gear code, but the net size
could vary considerably from the
experimental net size, which precludes
the ability to use a VTR gear code to
monitor how the experimental net
performs when adopted in the fishery.
Instead, NMFS proposes to use foot-rope
length and discard data obtained by
trips that are accompanied by a NEFOP
assigned observer or ASM. Data from
observed or monitored vessels that are
using a mid-size Eliminator with a
sweep that is comparable to the
experimental net sweep of 33m (109 ft)
would be used to evaluate how the
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experimental gear is performing in
practice.
NMFS proposes to broaden the
definition of the Ruhle Trawl such that,
if implemented as proposed, the midsize Eliminator would meet the
definition of a Ruhle trawl. Upon
consultation with NMFS fishing gear
scientists and the URI Eliminator trawl
research team, this action proposes to
adjust the current definition of the
Ruhle trawl to include the smaller
dimensions of the mid-size Eliminator
trawl, and only include the primary
design features of the net design in the
gear definition. Currently, a Ruhle trawl
must have a minimum fishing circle of
at least 398 ft (121.4 m), meet mesh-size
specifications in the forward portion of
the net, be rigged with a specific sweep
configuration, have four seams, and
have a minimum kite surface area. This
action would revise the current Ruhle
trawl definition by making the following
modifications: Replace the minimum
fishing circle requirement with a more
concise and enforceable measure using
minimum number of meshes at the wide
end of the first bottom belly; adjust the
mesh configuration in the forward part
of the net and the minimum kite area
requirements to that of the mid-size
Eliminator; and remove the sweep
configuration requirements. The sweep
requirements have been removed from
the definition as this component of the
gear is largely based on bottom
composition and preference, and is not
the primary bycatch reduction device,
which is the large meshes located in the
forward part of the net. The minimum
mesh sizes and minimum kite area were
reduced to enable the mid-size
Eliminator to meet the Ruhle trawl
definition.
15. Monitoring of Fillets, Fish Parts, and
Fish Landed for At-Home Consumption
This action proposes to remove the
3:1 counting method for the purposes of
counting fillets and fish-parts landed for
at-home consumption against the
pertinent ACLs. NMFS published an
interim final rule on July 19, 2011, (76
FR 42577), which changed the way that
fillets, fish parts, and fish landed for athome consumption are counted against
ACLs. That rule specified that all catch
by a sector vessel, including fillets
retained by crew for home consumption,
count against the sector’s ACE for that
stock; and all catch by a common pool
vessel, including fillets retained by crew
for home consumption, count towards
the vessel’s possession limit for that
stock and the common pool sub-ACL for
that stock. The interim final rule
required that fillets and parts of fish (as
referenced at § 648.83(b)) be counted at
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a rate of 3:1 both for compliance
purposes with common pool possession
limits and for monitoring ACLs. The
regulations were modified to require the
weight of fillets or parts of fish to be
multiplied by 3 and added to the weight
of whole fish for monitoring purposes to
ensure all fish landed for at-home
consumption is attributed to the
appropriate ACL.
Since publishing the interim final
rule, NMFS has developed a more
precise method to estimate the weight of
fillets or parts of fish for monitoring
ACLs. Instead of a universal 3:1
multiplier, the new method uses
species-specific conversion factors. The
species-specific conversion factors used
for regulated species currently allowed
to be landed are presented in Table 17.
These conversion factors, as well as the
conversion factors for other groundfish
species and species outside of the NE
Multispecies FMP, are available from
NMFS (see ADDRESSES). Fillets and fish
parts landed would be multiplied by the
species-specific multiplier for
monitoring sector ACEs and common
pool sub-ACLs. This is consistent with
the FMP requirement that all catch by
sector and common pool vessels be
accounted for, and will provide more
accurate information to be used in
preventing overharvest of sector ACEs
and common pool sub-ACLs. The 3:1
counting rate for fillets and parts of fish
would continue to be used to determine
compliance with possession limits for
the common pool.
TABLE 17—GROUNDFISH SPECIES
CONVERSION FACTORS FOR FILLETS
AND PARTS OF FISH LANDED FOR
AT-HOME CONSUMPTION
Conversion
factor
Species
18189
vessel is issued a letter of authorization
(LOA) from the Regional Administrator.
The current regulations specify that a
vessel issued this LOA is not allowed to
sell any fish, with the exception of tuna.
However, the Council’s intent for this
exemption cited in Framework 33 was
to exempt all species that are not
managed by the New England Fishery
Management Council (NEFMC) or the
Mid-Atlantic Fishery Management
Council (MAFMC). In addition to tuna,
striped bass and lobster, among other
species, are not managed by the NEFMC
or the MAFMC, and therefore, should be
precluded from the prohibition of sale.
To address this issue, the regulations at
§ 648.81(c)(2)(ii)(B) and (f)(2)(iii)(B), and
at § 648.89(e)(3)(ii), would be revised to
allow the sale of fish species that are not
managed by the Councils, including
striped bass and lobster, when a vessel
holds a charter/party LOA issued by the
Regional Administrator.
Request for Comments
The public is invited to comment on
any of the measures proposed in this
rule. NMFS is especially interested in
receiving comments on the following
proposed measures for which the
agency has concern: (1) The proposed
revisions to the AMs for the six stocks
not currently allocated to sectors (SNE/
MA winter flounder, northern
windowpane flounder, southern
windowpane flounder, ocean pout,
Atlantic halibut, and Atlantic wolffish);
(2) the use of catch projections for
evaluating the total yellowtail flounder
catch in order to trigger the scallop
fishery AM; and (3) the proposed
common pool trip limits for FY 2012,
which is the first year the common pool
fishery will be subject to the trimester
TAC AM.
Classification
Pursuant to section 304(b)(1)(A) of the
Atlantic cod ...............................
1.169
Haddock ....................................
1.139 Magnuson-Stevens Act, the NMFS
Yellowtail Flounder ...................
1 Assistant Administrator has determined
American Plaice ........................
1 that this proposed rule is consistent
Witch Flounder .........................
1 with Framework 47 to the FMP, other
Winter Flounder ........................
1 provisions of the Magnuson-Stevens
Redfish ......................................
1 Act, and other applicable law, subject to
White Hake ...............................
1.34 further consideration after public
Pollock ......................................
1.133
comment. Further, pursuant to section
Atlantic Halibut ..........................
1.142
303(c) of the Magnuson-Stevens Act, the
Council has deemed this proposed rule
16. Charter/Party Vessel Closed Area
as necessary and appropriate to
Letter of Authorization
implement Framework 47.
Framework Adjustment 33 to the NE
This proposed rule has been
Multispecies FMP (Framework 33)
determined to be not significant for
provided an exemption to charter/party
purposes of Executive Order 12866.
and recreational vessels to fish in the
An IRFA, consistent with the
GOM Rolling Closure Areas, the
Regulatory Flexibility Act (RFA)
Western GOM Closure Area, Cashes
analysis contained in Framework 47 and
Ledge Closure Area, and the Nantucket
the preamble to this proposed rule, has
Lightship Closed Area, provided the
been prepared, as required by section
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603 of the RFA. The IRFA consists of
this section, the SUMMARY section of
the preamble of this proposed rule, and
the EA prepared for Framework 47.
Another IRFA, incorporated in this
summary by reference, was prepared for
the proposed rule to approve the 2012
sector operations plans and allocate
annual catch entitlements to sectors.
The IRFA describes the economic
impact this proposed rule would have
on small entities if adopted. A
description of the action, why it is being
considered, and the legal basis for this
action are contained in Framework 47,
and in the preamble to this rule. This
IRFA analyzes expected impacts of the
proposed measures in Framework 47,
including setting GOM cod
specifications based on the new GOM
cod assessment. As explained in the
preamble, however, the Council did not
adopt ABCs for GOM cod in Framework
47, and if approved, Framework 47
would not include GOM cod
specifications for FY 2012–2014.
Therefore, the following summary also
includes expected impacts of this
proposed action in the absence of GOM
cod specifications. FY 2010, which is
the last full fishing year for which data
are available, was used as the baseline
period in this analysis to estimate the
impacts of the proposed action on
regulated small entities.
Description and Estimate of the Number
of Small Entities To Which the Proposed
Rule Will Apply
The measures proposed in Framework
47 would primarily affect commercial
groundfish vessels (in a sector or in the
common pool) and commercial Atlantic
sea scallop vessels. The primary
economic impact of the proposed action
is associated with the specification of
ACLs and sub-ACLs. The size standard
for determining small versus large
entities for regulated commercial fishing
entities (North American Industry
Classification System code 114111) is $4
million in sales; regulated entities with
less than $4 million in sales are
considered small. Multiple vessels may
be owned by a single owner, and
contrary to the IRFA prepared for
Framework 47, data tracking ownership
recently became available to determine
affiliated entities. However, this IRFA
does not analyze the expected impacts
of the proposed action using ownership
groups, (i.e., ownership of multiple
vessels by one owner). Therefore, for the
purposes of analysis, each permitted
vessel is treated as a single entity,
except for vessels participating in the
sector program, as described below.
In the IRFA prepared for Framework
47, as explained in Section 8.11.2 of
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Framework 47, sectors were used as the
regulated entity for the first time to
estimate impacts of the proposed action.
Sectors were used as the entity for
analysis, in part, because each vessel’s
Potential Sector Contribution only
becomes fishable quota if the vessel is
a member of a sector. Since sectors are
allocated Annual Catch Entitlement
(ACE), based on the cumulative
Potential Sector Contribution of each
individual sector member, sectors as an
affiliated entity provides a useful
approach for analyzing the impacts of
Framework 47. This approach is
different than the approach used to
prepare the IRFA for the proposed rule
to implement the 2012 sector operations
plans and allocate ACE to sectors, as
well as other previous groundfish
actions. In the past, individual vessels,
not sectors, were used as the regulated
entity to estimate impacts of proposed
measures on vessels participating in the
sector program. NMFS determined that
deeming a sector as the regulated entity,
for the purposes of analysis under the
Regulatory Flexibility Act (RFA), is a
useful alternative to analysis of
individual vessels for Framework 47.
NMFS believes this analysis should also
be completed using the individual
vessel as the regulated entity to provide
continuity with the RFA analyses of
previous actions. Therefore, a
supplemental analysis has been
prepared using individual vessels as the
regulated entity to analyze the impacts
of Framework 47. This supplemental
analysis, which is described below,
along with the Framework 47 analysis,
gives the public the best opportunity to
review the impacts of Framework 47 in
the context of prior and concurrent
actions.
Under the Framework 47 RFA
analysis, which is described in Section
8.11.2 of Framework 47, the entities
affected by the proposed action would
include 7 large and 10 small regulated
entities participating in the sector
program, and 342 small regulated
entities in the common pool. If using
individual vessels as the regulated
entity for the sector program, this
proposed action would affect 740 small
regulated entities enrolled in the sector
program. In addition, because the
proposed action would decrease the
available GB yellowtail flounder,
permitted scallop vessels are regulated
by this action. Potentially affected
entities in the scallop fishery would
include 347 limited access scallop
vessels and 730 general category scallop
vessels. All individual vessels in the sea
scallop fishery are considered small
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business entities under the Small
Business Administration criteria.
Using sectors as the regulated entity
to estimate impacts of the proposed
action, there were 7 large and 10 small
regulated entities participating in the
sector program in FY 2010. Mean gross
sales of fish for the 7 large entities was
$13.7 million and approximately $2
million for the 10 small entities. Under
the proposed action, 3 large entities
would fall below the threshold of $4
million in sales, which would result in
4 large and 13 small regulated entities.
Mean gross sales for the large regulated
entities are estimated at $9.5 million
under the proposed action, which is a
30-percent reduction from the baseline
period. Mean gross sales for the small
regulated entities is estimated at $0.7
million, which is a 62-percent reduction
from the baseline period.
There were 343 commercial
groundfish vessels in the common pool
that had at least $1 in gross sales from
fish during FY 2010. All of these were
small regulated entities with mean gross
sales of $156,000. Under the proposed
action, gross sales from groundfish
would be approximately $2,600, which
is less than 2 percent of the mean gross
sales. Although the proposed action
may trigger common pool accountability
measures, which would limit
opportunities to fish for groundfish, the
impact on small regulated entities
would likely be insignificant.
Using individual vessels as the
regulated entity to estimate the impacts
of the proposed action, there were 740
vessels enrolled in the sector program,
and 607 common pool vessels, in FY
2010. During the baseline period, there
were 446 sector vessels, and 343
common pool vessels, that generated
gross sales from any species. 305 sector
vessels, and 145 common pool vessels,
generated gross sales from groundfish
species. No individual vessel generated
gross sales in excess of $4 million.
Therefore, using individual vessels as
the regulated entity, all regulated
entities are considered small, and there
are no disproportional impacts between
small and large entities. Mean gross
sales of fish for vessels enrolled in the
sector program were $299.9K, and
$138.1K for common pool vessels. This
proposed action is expected to reduce
mean gross sales of fish by 33 percent
for sector vessels; mean gross sales of
fish are predicted to be $200.1K. Mean
gross sales for common pool vessels are
expected to decline to $132.6K, which
is less than a 5-percent decline.
Mean gross sales for limited access
scallop vessels are approximately $1
million, and are approximately $80,000
for general category scallop vessels. The
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statistical areas with the highest catch
rates of GB yellowtail flounder are 562
and 525. If the proposed action caused
a closure of one or both of these areas
beginning on March 1, 2013, fishing
effort by scallop vessels would be
displaced to other locations, primarily
the Mid-Atlantic region. Since more
than 75 percent of revenues from the
Atlantic sea scallop fishery come from
statistical areas south of Georges Bank,
the impact of a closure in statistical
areas 562 or 525 are difficult to
anticipate. In addition, during FY 2010,
less than 1 percent of total revenues in
the scallop fishery came from the
statistical areas potentially affected by
the proposed action. There were no
access area trips taken in the scallop
fishery during this time. Opening of
portions of statistical area 562 to access
area trips could increase the probability
of triggering an AM for the scallop
fishery and could increase the potential
for adverse regulatory impacts to lost
access area trips or displaced fishing
effort. However, the effect on
profitability is likely to be minimal, and
because all participating vessels are
deemed to be small regulated entities,
there are no disproportional impacts.
The primary impact of the proposed
action is associated with setting ACLs,
which includes specification of subACLs of GB and GOM haddock to the
Atlantic herring fishery. Because this
action decreases the ABCs for GB and
GOM haddock, Atlantic herring vessels
are potentially affected by this action. In
calendar year 2010, 90 vessels were
issued a limited access herring permit
and two vessels exceeded $4 million in
sales. Approximately 17 percent of the
haddock ABCs were landed in FY 2010,
and similar utilization of the available
quota is expected under the proposed
action. Therefore, vessels participating
in the Atlantic herring fishery are not
expected to be affected by this action.
Of the affected entities under the
proposed action, only groundfish
sectors and vessels are anticipated to be
significantly adversely affected. Due to
conservation needs, the proposed action
would significantly reduce short-term
profits for regulated small entities
relative to the baseline period.
Regulated small sector entities are
estimated to be more adversely
impacted by the proposed action than
large sector entities. Gross sales for
small sector entities would be reduced
by 63 percent, and gross sales for large
entities would be reduced by 30
percent. These are short-term impacts.
In addition, reductions in fishing
opportunities due to GOM cod and GB
yellowtail flounder sub-ACLs are
necessary to ensure rebuilding of these
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stocks. The ability to lease quota
between sectors and consolidate quota
within sectors will help mitigate the
adverse effect on profitability. In
addition, proposed exemptions
included in the 2012 sector rule are
expected to mitigate impacts as
described in the IRFA prepared for the
proposed action. However, using sectors
as the regulated entities, the proposed
action is likely to have a significant
impact on regulated small sector entities
under the disproportionality criteria.
This analysis was based in part on
anticipated decreases in the GOM cod
catch limits for FY 2012–2014 that were
initially proposed as part of this action.
However, Framework 47 no longer
proposes to set the GOM cod catch
limits for FY 2012–2014, as explained in
the preamble, and therefore, the
expected impacts of this proposed
action on regulated small entities are
likely to be less.
Economic Impacts of the Proposed
Action and Alternatives
The economic impacts of each
proposed measure are discussed in more
detail in Sections 7.4 and 8.11 of the
Framework 47 EA and are summarized
below. These analyses use the
individual vessel to estimate economic
impacts, except as previously described.
The proposed ABCs and ACLs are the
greatest contributing factor to the
economic impacts of the proposed
action, particularly the ABCs and ACLs
for GOM cod and GB yellowtail
flounder. A range of possible ABCs for
GOM cod was analyzed, and at the low
end, the economic impacts are expected
to be severe and negative. The economic
impacts of the other proposed measures
on the groundfish fishery are less
severe. Although these measures could
have some negative impacts in the
short-term, these measures would have
long-term benefits to the fishery.
Revised Status Determination Criteria
and GB Yellowtail Flounder Rebuilding
Program
Economic impacts of the proposed
revisions to the status determination
criteria for the three winter flounder
stocks and GOM cod primarily occur
through the affect these changes have on
setting the OFLs, ABCs, and ACLs based
on these criteria. Over the long-term, the
proposed status determination criteria
provide a limit on the potential harvest
from the fishery. The proposed MSY
values are higher for GB and SNE/MA
winter flounder than the current MSY
values considered in the no action
alternative, which would result in
potential revenues of $9.6 million more
than the no action alternative. The
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rebuilding programs for these two stocks
would determine how much of this
additional revenue would be realized in
the fishery.
Economic impacts of the proposed
revision to the rebuilding period for GB
yellowtail flounder would also occur
through the affect these changes would
have on setting the specifications each
year for this stock. The economic impact
of the various rebuilding strategies for
GB yellowtail flounder was estimated by
calculating the net present value of the
potential revenue streams that would
occur under each strategy. The proposed
strategy to rebuild by 2032 would result
in a mean net present value of $234
million, which is approximately 5
percent more than the alternative to
rebuild the stock by 2023. The proposed
action would also result in much larger
returns than the no action alternative,
which is scheduled to rebuild the stock
by 2016. The no action alternative
would constrain scallop fishery on
Georges Bank, and may also prevent
sector vessels from fishing in the GB
yellowtail flounder stock area. Thus, the
no action alternative would result in
large revenue reductions for the
groundfish fishery and the scallop
fishery.
Annual Catch Limits
The total potential groundfish
revenue of the proposed specifications
is estimated to be approximately $61.1
million. This is approximately a 25percent reduction from the gross
groundfish revenues in FY 2010, and a
50-percent reduction from the no action
alternative. GOM cod is the constraining
stock under this proposed action. The
proposed action would allow sustained
catches of other GOM stocks, including
plaice and witch flounder. In addition,
estimates of gross groundfish revenue
that were only 25 percent lower than FY
2010 are a result of a likely shift in the
fishery to avoid cod and maximize
revenues from other stocks. Catch rates
could also increase as stocks rebuild,
which would make these estimates
conservative.
The proposed action would have a
negative economic impact across all size
classes, gear types, and nearly all
hailing ports. Chatham, MA, would be
expected to maintain its revenue from
groundfish, and groundfish revenues in
Boston, MA, would decline by less than
25 percent. New Hampshire would lose
over 90 percent of its gross groundfish
revenues. Massachusetts would lose 33
percent of its gross revenues under the
proposed action. However, Gloucester,
MA, would likely have more than a 40percent reduction in gross groundfish
revenue. The 30–50 ft (9.1–15.2 m)
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vessel size class would likely be the
most adversely affected as the fishery
shifts from the nearshore areas west of
the Western GOM Closed Area to deeper
waters farther east. Analysis also
indicates that gillnet would be the most
negatively affected gear type. Under this
action, GOM cod is the constraining
stock, and most of the lost groundfish
revenues estimated are a result of low
GOM cod catch limits. However,
because this action no longer proposes
to set the GOM cod catch limits for FY
2012–2014, the potential revenue would
likely be higher than initially estimated,
which would result in less of a
reduction from the FY 2010 gross
groundfish revenues.
The no action alternative would set
the specifications for FY 2012 as
previously adopted by Framework 44
and Framework 45. No specifications
would be adopted for FY 2013–2014,
with the exception of pollock. FY 2013–
2014 specifications for pollock were
adopted by Framework 45. The no
action alternative, which is the only
other alternative considered, would
generate the highest groundfish revenue
($114 million), and would likely have
positive net benefits relative to FY 2010
across all hailing ports and states, with
the exception of Rhode Island, which
may lose 30 percent of gross revenues.
U.S./Canada Management Area TACs
Revenues from the FY 2012 proposed
TACs for the U.S./Canada Management
Area were estimated using two catch
scenarios. In the first scenario, total
landings in FY 2012 were assumed to be
75 percent of the TAC for Eastern GB
cod and GB yellowtail flounder and 15
percent of the TAC for Eastern GB
haddock. Under this catch scenario,
estimated revenues from the U.S./
Canada Management Area are between
46 and 57 percent lower than FY 2010
revenues. However, because the FY
2012 TACs are lower, a larger
proportion of the TAC may be caught in
FY 2012. In the second scenario, total
landings in FY 2012 were assumed to be
100 percent of the Eastern GB cod and
GB yellowtail flounder TAC and 30
percent of the Eastern GB haddock TAC.
The estimated revenues are greater for
all stocks in this scenario compared to
the first scenario, and are 42 percent
and 28 percent lower than FY 2010 for
Eastern GB cod and GB yellowtail
flounder, respectively. If more of the
U.S. TAC for Eastern GB haddock is
caught, revenues would increase by
approximately 3 percent compared to
FY 2010. The no action alternative
would not specify TACs for the U.S./
Canada Management Area. In
comparison to the no action alternative,
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the proposed action would have shortterm positive economic impacts.
In addition, because the FY 2012
TACs are lower than the FY 2011 TACs,
the proposed action would likely result
in reduced overall revenue from the
U.S./Canada Management Area. This
reduced revenue would be due to both
the decrease in potential landings of
Eastern GB cod and GB yellowtail
flounder, as well as a loss of revenue
from other stocks caught on trips to the
Eastern U.S./Canada Area if vessels lose
access to this area when a pertinent
TAC is projected to be caught. Although
the Eastern GB haddock TAC will not
limit haddock catch, access to haddock
may be impacted by the reduced FY
2012 TACs for Eastern GB cod and GB
yellowtail flounder. Reductions in
revenue could be mitigated if vessels are
able to minimize the catch of Eastern GB
cod and maximize the catch of Eastern
GB haddock.
Different impacts would likely be
realized by common pool and sector
vessels due to the nature of the
operations of such groups and
applicable regulations. Unlike vessels
operating within the same sector, the
common pool is unable to actively
coordinate fishing operations to
maximize fishing revenue based upon
resource availability and market price.
Therefore, impacts on common pool
vessels will be dependent upon the
overall rate at which available TACs are
caught, and whether any responsive
measures necessary to prevent such
TACs from being exceeded are triggered.
Further, once the available ACE for a
particular stock is caught, sectors must
cease fishing operations in the entire
stock area unless they lease in
additional ACE for the pertinent stock.
In contrast, while common pool vessels
may be subject to more restrictive DAS
or trip limits in a particular area, they
could continue to fish in the Western
U.S./Canada Area even after the GB
yellowtail flounder TAC is caught,
provided they do not retain any GB
yellowtail flounder.
The other alternative considered, the
no action alternative, would result in
decreased revenue in FY 2012 as a
result of no TACs being specified for the
U.S./Canada Management Area. Due to
limited fishing opportunities under this
alternative, the long-term economic
impacts would likely be negative
compared to the proposed action.
However, stock rebuilding could occur
more quickly under this alternative, and
the associated revenue resulting from an
increasing stock size would likely
provide long-term economic impacts.
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Common Pool Restricted Gear Areas
The proposed action to remove the
Western GB Multispecies and SNE
Multispecies RGAs would be expected
to increase revenues for common pool
vessels when compared to the no action
alternative. Removals of these RGAs
would likely increase the common pool
landings of SNE/MA yellowtail
flounder. In FY 2010, only 26 percent of
the common pool sub-ACL for this stock
was caught. Based on this percentage of
catch, and the SNE/MA yellowtail
flounder ACLs proposed in this action,
removing the RGAs would result in
increased landings of this stock by 129
mt. These increased landings are
estimated at $370,000. In addition,
removal of the RGAs may reduce costs
for common pool vessels because vessel
operators would not be required to
purchase selective gear to fish in these
areas.
The no action alternative would
restrict revenue for common pool
vessels because the requirement to use
selective gear would make fishing by
common pool vessels less efficient.
Under this alternative, common pool
catch of stocks in Southern New
England would be restricted, which may
prevent the common pool from utilizing
more of its available quota. This
alternative may also increase costs for
common pool vessels if the vessel must
purchase selective gear to fish in the
RGAs.
Accountability Measures
The economic impacts of the
revisions to the AMs for windowpane
flounder, ocean pout, Atlantic halibut,
Atlantic wolffish, and SNE/MA winter
flounder were analyzed by estimating
changes in fishing vessel revenue that
would occur if the proposed AM was
triggered. The small AM areas for
northern and southern windowpane
flounder and ocean pout account for
approximately $7 million of total
revenue by groundfish vessels fishing in
these areas. Only a portion of these
revenues would be affected by this
proposed AM because vessels could still
fish inside these areas with selective
gear. Catch data indicate that the
composition of the catch inside these
proposed AM areas would change
substantially with the use of selective
gear. Selective gear inside the AM areas
catch a higher proportion of haddock
and a lower proportion of flatfish
relative to traditional trawl gears.
Average revenues per tow for selective
gears in this area were approximately 31
percent higher than the revenues per
tow using traditional trawl gears.
Depending on the profitability of other
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fishing options, vessels may also elect to
fish in other areas rather than fish inside
the AM area with selective gear. Given
the relatively small size of these
proposed AM areas, additional trip costs
for fishing in other areas are likely
negligible.
The large AM areas proposed for
northern and southern windowpane
flounder and ocean pout account for
approximately $15 million of total
revenue by groundfish vessels fishing in
these areas. Approximately 75 percent
of these revenues come from New
Bedford, MA, and $1.7 million comes
from Point Judith, RI. Similar to the
small AM areas proposed, use of
selective gears inside the large AM areas
would substantially change the
composition of catch and likely result in
higher proportions of haddock caught
and lower proportions of flatfish catch
relative to traditional trawl gears.
Revenues affected by these AM areas
could likely be recovered by using
selective gear or fishing in other areas.
Overall, the proposed AM for
northern and southern windowpane
flounder and ocean pout would result in
negative economic impacts compared to
the no action alternative. This AM
would affect fishing behavior and apply
to all commercial groundfish vessels.
Under this proposed measure,
fishermen would have to alter their
behavior, which could impose
additional costs. The greatest economic
impact could reduce revenues by $15
million if the large AM areas are
implemented simultaneously due to an
overage of the total ACL for both stocks
of windowpane flounder, or if the total
ACL is exceeded for ocean pout.
The proposed AM for Atlantic halibut
would prohibit possession in year 3 if
the total ACL is exceeded in year 1. The
maximum revenue loss from this
proposed AM would be the value of the
ACL during year 3. In FY 2012–2014,
the groundfish sub-ACL is 36 mt, which
would result in approximately $400,000
in groundfish revenues. This revenue
loss is greater than in the no action
alternative because the AM would apply
to sector and common pool vessels. The
proposed AM for Atlantic wolffish and
SNE/MA winter flounder would
maintain the prohibition on possession
for these two stocks. Because possession
of these two stocks is currently
prohibited, this proposed measure
would not be expected to result in any
revenue loss.
The no action alternative for Atlantic
wolffish and SNE/MA winter flounder
would require closure of statistical areas
to common pool vessels if sector and
common pool catch exceeded the
common pool sub-ACL for these stocks.
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This could lead to derby effects since
fishing activity would be constrained if
the AM is triggered. The no action
alternative for Atlantic halibut would
require adjustment to trip limits for
common pool vessels. Since the current
possession limit is one fish per day, the
only possible trip limit adjustment
would be to decrease the possession
limit to zero, and prohibit possession of
this stock. Common pool revenues
could be reduced by $25,000 compared
to FY 2010 if possession of this stock
was prohibited. The no action
alternatives for windowpane flounder
and ocean pout are expected to have no
economic impacts because possession of
these stocks is already prohibited.
Removal of Cap on Yellowtail Flounder
Catch in GB Scallop Access Areas
This proposed measure would not be
expected to have any economic impacts
on the groundfish fishery. Elimination
of the 10-percent yellowtail flounder
access area caps would reduce the
incentive for derby fishing, and would
likely have positive impacts on the
scallop fishery compared to the no
action alternative. However, removing
the 10-percent access area caps could
increase the risk for the scallop fishery
to exceed its sub-ACL for yellowtail
flounder if the scallop fishery catches
more yellowtail flounder in the access
areas than projected. This would trigger
the scallop fishery AMs, which would
restrict fishing, reduce scallop landings,
and increase fishing costs. The no action
alternative would increase the incentive
for derby fishing and may have negative
impacts on the scallop fishery. Some of
these negative impacts could be
mitigated because vessels can transfer
unused access area trips to open areas
if an access area closes.
Implementation of the Scallop Fishery
AM
The proposed revisions to the
implementation of the scallop fishery
AM would not be expected to have any
economic impacts on the groundfish
fishery. The proposed revision would
have a positive economic impact on the
scallop fishery because the scallop
fishery AMs would not be triggered if
less than 150 percent of the scallop
fishery sub-ACL for GB and SNE/MA
yellowtail flounder is caught, or if the
total ACL is not exceeded. This would
prevent effort shifts to less optimal areas
by scallop vessels, as well as effort shifts
into seasons with lower meat weights
for scallops. The no action alternative
would not modify the trigger for the
scallop fishery AM, and the pertinent
AM would be triggered if the scallop
fishery exceeds its sub-ACL by 1 percent
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18193
or more. The proposed measure would
minimize negative economic impacts to
the scallop fishery compared to the no
action alternative and would prevent
the loss of scallop landings, revenues,
and increased fishing costs that would
result under the no action alternative.
Inseason Re-Estimation of Scallop
Fishery GB Yellowtail Flounder SubACL
The proposed measure would have
positive economic benefits for the
groundfish fishery. These benefits
would only occur in years when the
scallop fishery is not projected to catch
its initial sub-ACL, and the groundfish
sub-ACL is increased mid-fishing year.
When additional quota is made
available to the groundfish fishery,
revenues for the groundfish fishery
would be expected to increase if
groundfish vessels are able to catch
additional GB yellowtail flounder.
However, compared to the no action
alternative, this measure could have
negative impacts if the inseason reestimation of projected yellowtail
flounder catch by the scallop fishery is
incorrect. If the scallop fishery sub-ACL
is reduced in error, and subsequently
the groundfish sub-ACL is increased,
total catch of GB yellowtail flounder
could exceed the U.S. TAC. Any overage
of the U.S. TAC for GB yellowtail is
deducted from the following year’s
TAC. Because the allocation of GB
yellowtail flounder is set in advance,
and does not vary with changes to the
overall TAC, the catch available to the
groundfish fishery would be reduced.
The no action alternative would not
provide a mechanism to re-estimate the
scallop fishery GB yellowtail flounder
sub-ACL mid-fishing year and adjust the
groundfish fishery sub-ACL. The no
action alternative would have negative
impacts on the scallop fishery if a
yellowtail flounder AM is triggered and
effort shifts to areas and seasons with
lower scallop catch rates and meat
weights. This could increase fishing
costs as scallop vessels fish in less
optimal areas, and scallop revenues
would decline. The current AM trigger
for the scallop fishery would result in
lower profits, lower crew incomes, and
less economic benefits than the
proposed action.
Regulatory Changes Not Included in
Framework 47
There are several changes proposed in
this rule that are considered to be
mostly administrative in nature and do
not affect individual vessel operations
that would result in any economic
impact to regulated entities. These
changes include modifying the
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definition of the Ruhle trawl, reinserting
text defining stock areas applicable to
sector vessels, revising the methodology
used to attribute fillets, fish parts, and
fish landed for at-home consumption to
the pertinent ACL, and clarifying the
regulations for charter/party and
recreational groundfish vessels fishing
in groundfish closed areas. This
proposed change to the at-home
consumption conversion factors would
implement a more precise method using
species-specific conversion factors,
which would be expected to have
positive impacts on the fishery due to
improved quota monitoring. In addition,
this rule proposes to broaden the
definition of the Ruhle trawl to include
the mid-size Eliminator trawl Ruhle
trawl for use in the Regular B DAS
Program and the Eastern U.S./Canada
Haddock SAP. This proposed revision
would provide more flexibility for the
groundfish fishery in the use of trawl
gear that minimizes catch of stocks of
concern. The additional exempted gear
option would provide vessels a choice
of the most cost-effective means of
targeting healthy stocks. Vessels
choosing to use the mid-size Eliminator
trawl would incur the purchase cost of
the gear.
Measures Proposed To Mitigate Adverse
Economic Impacts of the Proposed
Action
During the development of
Framework 47, NMFS and the Council
considered ways to reduce the
regulatory burden on, and provide
flexibility for, the regulated entities in
this proposed action. Proposed actions
and alternatives are described in detail
in Framework 47, which includes an
EA, RIR, and IRFA (available at
ADDRESSES). The proposed action
contains several measures that would
provide small entities with some ability
to offset at least some portion of the
estimated economic impacts associated
with the proposed measures. The delay
in the implementation of the area-based
AMs for windowpane flounder and
ocean pout will give fishermen time to
plan their fishing operations in order to
mitigate the economic impacts of this
proposed measure. In addition, the
proposed removal of the Western GB
and SNE Multispecies RGAs for
common pool vessels would also
mitigate the economic impacts of the
proposed action by allowing common
pool vessels more flexibility to catch the
pertinent sub-ACLs, as well as reducing
the potential costs of fishing in these
areas with selective gear. In addition,
the re-estimation of the GB yellowtail
flounder sub-ACL would help mitigate
adverse economic impacts of the
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proposed action by allowing increased
landings of this stock by the groundfish
fishery. These increased landings would
be expected to increase revenues for the
groundfish fishery. In addition,
proposed exemptions for sector vessels
in the 2012 sector rule could also
mitigate negative impacts of this
proposed action.
Eliminating the cap on yellowtail
flounder catch in the Nantucket, Closed
Area I, and Closed Area II Sea Scallop
Access Areas would reduce the
incentive for derby fishing in the access
areas, which would have positive
impacts for scallop vessels. The revision
to the scallop fishery AM trigger would
also be expected to have positive
impacts on the scallop fishery. This
measure would prevent effort shifts to
less optimal areas and seasons with
lower scallop meat weights and would
minimize reduced scallop revenues and
increased fishing costs.
Description of the Projected Reporting,
Recordkeeping, and Other Compliance
Requirements of the Proposed Rule
This action contains no new
collection-of-information, reporting, or
recordkeeping requirements. This action
does not duplicate, overlap, or conflict
with any other Federal law.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: March 19, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons stated in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.14,
a. Remove and reserve paragraphs
(i)(2)(vi)(B), (i)(2)(vi)(C), and (i)(3)(v)(C);
b. Remove paragraph (k)(7)(i)(C)(4);
and
c. Revise paragraph (k)(13)(ii)(B) and
add paragraph (k)(20) to read as follows:
§ 648.14
Prohibitions.
*
*
*
*
*
(k) * * *
(13) * * *
(ii) * * *
(B) Possess or land per trip more than
the possession or landing limits
specified in § 648.86(a), (b), (c), (e), (g),
(h), (j), (l), (m), (n), and (o);
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§ 648.82(b)(5) and (6); § 648.85; or
§ 648.88, if the vessel has been issued a
limited access NE multispecies permit
or open access NE multispecies permit,
as applicable.
*
*
*
*
*
(20) AMs for both stocks of
windowpane flounder and ocean pout.
It is unlawful for any person, including
any owner or operator of a vessel issued
a valid Federal NE multispecies permit
or letter under § 648.4(a)(1)(i), unless
otherwise specified in § 648.17, to fail to
comply with the restrictions on fishing
and gear specified in § 648.90(a)(D).
5. In § 648.60, paragraphs
(a)(5)(ii)(C)(1) and (a)(5)(ii)(C)(3) are
removed and reserved, and paragraph
(g)(1) is revised to read as follows:
§ 648.60 Sea scallop area access program
requirements.
*
*
*
*
*
(g) * * * (1) An LAGC scallop vessel
may only fish in the scallop access areas
specified in § 648.59(a) through (e),
subject to the seasonal restrictions
specified in § 648.59(b)(4), (c)(4), and
(d)(4), and subject to the possession
limit specified in § 648.52(a), and
provided the vessel complies with the
requirements specified in paragraphs
(a)(1), (a)(2), (a)(6) through (a)(9), (d), (e),
(f), and (g) of this section. A vessel
issued both a NE multispecies permit
and an LAGC scallop permit may fish in
an approved SAP under § 648.85 and
under multispecies DAS in the Closed
Area I, Closed Area II, and Nantucket
Lightship Sea Scallop Access Areas
specified in § 648.59(b) through (d),
provided the vessel complies with the
requirements specified in
§ 648.59(b)(5)(ii), (c)(5)(ii), and (d)(5)(ii),
and this paragraph (g), but may not fish
for, possess, or land scallops on such
trips.
*
*
*
*
*
6. In § 648.64, the introductory text of
paragraph (a) and paragraphs (b)(1) and
(c)(1) are revised to read as follows:
§ 648.64 Yellowtail flounder sub-ACLs and
AMs for the scallop fishery.
(a) As specified in § 648.55(d), and
pursuant to the biennial framework
adjustment process specified in
§ 648.90, the scallop fishery shall be
allocated a sub-ACL for the Georges
Bank and Southern New England/MidAtlantic stocks of yellowtail flounder.
Unless otherwise specified in
§ 648.90(a)(4)(iii)(C) of the NE
multispecies regulations, the sub-ACLs
for the 2011 through 2013 fishing years
are as follows:
*
*
*
*
*
(b) * * * (1) Unless otherwise
specified in § 648.90(a)(5)(iv) of the NE
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multispecies regulations, if the Georges
Bank yellowtail flounder sub-ACL for
the scallop fishery is exceeded, the area
defined by the following coordinates
shall be closed to scallop fishing by
vessels issued a limited access scallop
18195
permit for the period of time specified
in paragraph (b)(2) of this section:
GEORGES BANK YELLOWTAIL CLOSURE
Point
GBYT
GBYT
GBYT
GBYT
GBYT
GBYT
GBYT
GBYT
GBYT
GBYT
GBYT
GBYT
GBYT
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
N. lat.
1 ..................................................................................................................................................................
2 ..................................................................................................................................................................
3 ..................................................................................................................................................................
4 ..................................................................................................................................................................
5 ..................................................................................................................................................................
6 ..................................................................................................................................................................
7 ..................................................................................................................................................................
8 ..................................................................................................................................................................
9 ..................................................................................................................................................................
10 ................................................................................................................................................................
11 ................................................................................................................................................................
12 ................................................................................................................................................................
1 ..................................................................................................................................................................
*
*
*
*
*
(c) * * * (1) Unless otherwise
specified in § 648.90(a)(5)(iv) of the NE
multispecies regulations, if the Southern
New England/Mid-Atlantic yellowtail
flounder sub-ACL for the scallop fishery
is exceeded, the area defined by the
following coordinates shall be closed to
41°50′
40°30.75′
40°30′
40°40′
40°40′
40°50′
40°50′
41°00′
41°00′
41°10′
41°10′
41°50′
41°50′
W. long.
66°51.94′
65°44.96′
66°40′
66°40′
66°50′
66°50′
67°00′
67°00′
67°20′
67°20′
67°40′
67°40′
66°51.94′
scallop fishing by vessels issued a
limited access scallop permit for the
period of time specified in paragraph
(c)(2) of this section:
SOUTHERN NEW ENGLAND YELLOWTAIL CLOSURE
Point
SNEYT
SNEYT
SNEYT
SNEYT
SNEYT
SNEYT
SNEYT
SNEYT
SNEYT
SNEYT
SNEYT
SNEYT
SNEYT
SNEYT
SNEYT
SNEYT
SNEYT
SNEYT
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
AM
1 ................................................................................................................................................................
2 ................................................................................................................................................................
3 ................................................................................................................................................................
4 ................................................................................................................................................................
5 ................................................................................................................................................................
6 ................................................................................................................................................................
7 ................................................................................................................................................................
8 ................................................................................................................................................................
9 ................................................................................................................................................................
10 ..............................................................................................................................................................
11 ..............................................................................................................................................................
12 ..............................................................................................................................................................
13 ..............................................................................................................................................................
14 ..............................................................................................................................................................
15 ..............................................................................................................................................................
16 ..............................................................................................................................................................
17 ..............................................................................................................................................................
18 ..............................................................................................................................................................
*
*
*
*
*
7. In § 648.81, revise paragraphs
(c)(2)(ii)(B), (f)(2)(iii)(B), and (n), and
remove paragraph (o) to read as follows:
§ 648.81 NE multispecies closed areas and
measures to protect EFH.
*
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N. lat.
*
*
*
*
(c) * * *
(2) * * *
(ii) * * *
(B) Fish species managed by the
NEFMC or MAFMC that are harvested
or possessed by the vessel, are not sold
or intended for trade, barter or sale,
regardless of where the fish are caught;
and
*
*
*
*
*
(f) * * *
(2) * * *
(iii) * * *
(B) Fish species managed by the
NEFMC or MAFMC that are harvested
or possessed by the vessel, are not sold
or intended for trade, barter or sale,
regardless of where the fish are caught;
and
*
*
*
*
*
41°28.4′
41°28.57′
41°20′
41°20′
41°20′
41°18′
41°17.69′
41°14.73′
39°50′
39°50′
39°50′
40°00′
40°00′
40°41.23′
41°00′
41°00′
41°20′
41°21.15′
W. long.
71°10.25′
71°10′
71°10′
70°50′
70°30′
70°15′
70°12.54′
70°00′
70°00′
71°00′
71°40′
71°40′
73°00′
73°00′
71°55′
71°40′
71°40′
71°40′
(n) GOM Cod Spawning Protection
Area. (1) Except as specified in
paragraph (o)(2) of this section, from
April through June of each year, no
fishing vessel or person on a fishing
vessel may enter, fish in, or be in; and
no fishing gear capable of catching NE
multispecies may be used on, or be on
board, a vessel in the GOM Cod
Spawning Protection Area, as defined
by straight lines connecting the
following points in the order stated (a
chart depicting this area is available
from the RA upon request):
GOM COD SPAWNING PROTECTION AREA
Point
N. Latitude
CSPA1 ..........................................................................................................................................................................
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W. Longitude
70°32.22′
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GOM COD SPAWNING PROTECTION AREA—Continued
Point
CSPA2
CSPA3
CSPA4
CSPA1
N. Latitude
..........................................................................................................................................................................
..........................................................................................................................................................................
..........................................................................................................................................................................
..........................................................................................................................................................................
(C) There is no retention of regulated
species or ocean pout; and
(D) There is no other gear on board
capable of catching NE multispecies;
(iii) That are fishing as a charter/party
or recreational fishing vessel, provided
that:
(A) With the exception of tuna, fish
harvested or possessed by the vessel are
not sold or intended for trade, barter, or
sale, regardless where the species are
caught;
(B) The vessel has no gear other than
pelagic hook and line gear, as defined in
this part, on board unless that gear is
properly stowed pursuant to § 648.23(b);
and
(C) There is no retention of regulated
species, or ocean pout; and
(iv) That are transiting pursuant to
paragraph (i) of this section.
8. In § 648.82,
(2) Paragraph (n)(1) of this section
does not apply to persons on a fishing
vessel or fishing vessels:
(i) That have not been issued a NE
multispecies permit and that are fishing
exclusively in state waters;
(ii) That are fishing with or using
exempted gear as defined under this
part, excluding pelagic gillnet gear
capable of catching NE multispecies,
except for vessels fishing with a single
pelagic gillnet not longer than 300 ft
(91.4 m) and not greater than 6 ft (1.83
m) deep, with a maximum mesh size of
3 inches (7.6 cm), provided:
(A) The net is attached to the vessel
and fished in the upper two-thirds of
the water column;
(B) The net is marked with the vessel
owner’s name and vessel identification
number;
42°47.65′
42°54.91′
42°58.27′
42°50.95′
W. Longitude
70°35.64′
70°41.88′
70°38.64′
70°32.22′
a. Remove paragraphs (n)(2)(ii)(O) and
(n)(2)(ii)(P)
b. Revise paragraphs (n)(2)(i)(A),
(n)(2)(ii) introductory text, and
(n)(2)(ii)(L) through (n)(2)(ii)(N):
§ 648.82 Effort-control program for NE
multispecies limited access vessels.
*
*
*
*
*
(n) * * *
(2) * * *
(i) Trimester TACs. (A) Trimester TAC
distribution. Any sub-ACLs specified for
common pool vessels pursuant to
§ 648.90(a)(4) shall be apportioned into
trimesters of 4 months in duration,
beginning at the start of the fishing year
(i.e., Trimester 1: May 1–August 31;
Trimester 2: September 1–December 31;
Trimester 3: January 1–April 30), as
follows):
PORTION OF COMMON POOL SUB-ACLS APPORTIONED TO EACH STOCK FOR EACH TRIMESTER
Stock
(percent)
Trimester 1
(percent)
Trimester 2
(percent)
Trimester 3
(percent)
27
25
27
27
35
19
21
37
8
27
24
28
25
38
36
37
26
33
35
30
37
38
24
31
36
35
31
31
37
38
47
40
30
52
42
25
69
42
40
37
44
31
GOM Cod .................................................................................................................................................
GB Cod ....................................................................................................................................................
GOM Haddock .........................................................................................................................................
GB Haddock ............................................................................................................................................
CC/GOM Yellowtail Flounder ..................................................................................................................
GB Yellowtail Flounder ............................................................................................................................
SNE/MA Yellowtail Flounder ...................................................................................................................
GOM Winter Flounder .............................................................................................................................
GB Winter Flounder .................................................................................................................................
Witch Flounder .........................................................................................................................................
American Plaice .......................................................................................................................................
Pollock .....................................................................................................................................................
Redfish .....................................................................................................................................................
White Hake ..............................................................................................................................................
mstockstill on DSK4VPTVN1PROD with PROPOSALS
*
*
*
*
*
(ii) Stock area closures. If the
Regional Administrator projects that 90
percent of the trimester TACs specified
in paragraph (n)(2)(i) of this section will
be caught based upon available
information, the Regional Administrator
shall close the area where 90 percent of
the catch for each such stock occurred,
according to available VTR data and
other information, to all common pool
vessels using gear capable of catching
such stocks for the remainder of that
trimester, as specified in paragraphs
(n)(2)(ii)(A) through (P) of this section,
in a manner consistent with the
VerDate Mar<15>2010
15:56 Mar 26, 2012
Jkt 226001
Administrative Procedure Act. For
example, if the Regional Administrator
projects that 90 percent of the CC/GOM
yellowtail flounder Trimester 1 TAC
will be caught, common pool vessels
using trawl and gillnet gear shall be
prohibited from fishing in the CC/GOM
Yellowtail Flounder Closure Area
specified in paragraph (n)(2)(ii)(G) of
this section until the beginning of
Trimester 2 on September 1 of that
fishing year. Based upon all available
information, the Regional Administrator
is authorized to expand or narrow the
areas closed under this paragraph
(n)(2)(ii) in a manner consistent with the
PO 00000
Frm 00088
Fmt 4702
Sfmt 4702
Administrative Procedure Act. If it is
not possible to identify an area where
only 90 percent of the catch occurred,
the Regional Administrator shall close
the smallest area possible where greater
than 90 percent of the catch occurred.
*
*
*
*
*
(L) Redfish Trimester TAC Area. For
the purposes of the trimester TAC AM
closure specified in paragraph (n)(2)(ii)
of this section, the Redfish Trimester
TAC Area shall apply to common pool
vessels using trawl gear within the area
bounded by straight lines connecting
the following points in the order stated:
E:\FR\FM\27MRP1.SGM
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Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules
18197
REDFISH TRIMESTER TAC AREA
Point
N. Latitude
RF1 ...............................................................................................................................................................................
RF2 ...............................................................................................................................................................................
RF3 ...............................................................................................................................................................................
RF4 ...............................................................................................................................................................................
RF5 ...............................................................................................................................................................................
RF6 ...............................................................................................................................................................................
RF7 ...............................................................................................................................................................................
RF8 ...............................................................................................................................................................................
RF9 ...............................................................................................................................................................................
RF10 .............................................................................................................................................................................
RF11 .............................................................................................................................................................................
RF12 .............................................................................................................................................................................
RF13 .............................................................................................................................................................................
RF14 .............................................................................................................................................................................
RF15 .............................................................................................................................................................................
RF16 .............................................................................................................................................................................
RF17 .............................................................................................................................................................................
RF18 .............................................................................................................................................................................
RF19 .............................................................................................................................................................................
RF20 .............................................................................................................................................................................
( 1)
43°40′
43°40′
43°20′
43°20′
( 2)
42°53.1′
( 2)
41°20′
41°20′
41°10′
41°10′
41°00′
41°00′
41°10′
41°10′
41°20′
41°20′
(4 )
(5 )
W. Longitude
69°20′
69°20′
69°00′
69°00′
67°40′
67°40′
67°44.4′
67°40′
67° 40′
68°10′
68°10′
68°20′
68°20′
69°30′
69°30′
69°50′
69°50′
(3)
70°00′
70°00′
1 Intersection
with ME shoreline.
maritime boundary.
shoreline of Nantucket, MA.
4 North-facing shoreline of Nantucket, MA.
5 South-facing shoreline of Cape Cod, MA.
2 U.S./Canada
3 East-facing
(M) White Hake Trimester TAC Area.
For the purposes of the trimester TAC
AM closure specified in paragraph
(n)(2)(ii) of this section, the White Hake
Trimester TAC Area shall apply to
common pool vessels using trawl gear,
sink gillnet gear, and longline/hook gear
within the area bounded by straight
lines connecting the following points in
the order stated:
WHITE HAKE TRIMESTER TAC AREA
Point
N. Latitude
RF1 ...............................................................................................................................................................................
RF2 ...............................................................................................................................................................................
RF3 ...............................................................................................................................................................................
RF4 ...............................................................................................................................................................................
RF5 ...............................................................................................................................................................................
RF6 ...............................................................................................................................................................................
RF7 ...............................................................................................................................................................................
RF8 ...............................................................................................................................................................................
RF9 ...............................................................................................................................................................................
RF10 .............................................................................................................................................................................
RF11 .............................................................................................................................................................................
RF12 .............................................................................................................................................................................
RF13 .............................................................................................................................................................................
RF14 .............................................................................................................................................................................
RF15 .............................................................................................................................................................................
RF16 .............................................................................................................................................................................
RF17 .............................................................................................................................................................................
RF18 .............................................................................................................................................................................
RF19 .............................................................................................................................................................................
RF20 .............................................................................................................................................................................
( 1)
43°40′
43°40′
43°20′
43°20′
( 2)
42°53.1′
( 2)
41°20′
41°20′
41°10′
41°10′
41°00′
41°00′
41°10′
41°10′
41°20′
41°20′
(4 )
(5 )
W. Longitude
69°20′
69°20′
69°00′
69°00′
67°40′
67°40′
67°44.4′
67°40′
67°40′
68°10′
68°10′
68°20′
68°20′
69°30′
69°30′
69°50′
69°50′
(3)
70°00′
70°00′
1 Intersection
with ME shoreline.
maritime boundary.
3 East-facing shoreline of Nantucket, MA.
4 North-facing shoreline of Nantucket, MA.
5 South-facing shoreline of Cape Cod, MA.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
2 U.S./Canada
(N) Pollock Trimester TAC Area. For
the purposes of the trimester TAC AM
closure specified in paragraph (n)(2)(ii)
of this section, the Pollock Trimester
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Jkt 226001
TAC Area shall apply to common pool
vessels using trawl gear, sink gillnet
gear, and longline/hook gear within the
area bounded by straight lines
PO 00000
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Fmt 4702
Sfmt 4702
connecting the following points in the
order stated:
E:\FR\FM\27MRP1.SGM
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Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules
POLLOCK TRIMESTER TAC AREA
Point
N. Latitude
RF1 ...............................................................................................................................................................................
RF2 ...............................................................................................................................................................................
RF3 ...............................................................................................................................................................................
RF4 ...............................................................................................................................................................................
RF5 ...............................................................................................................................................................................
RF6 ...............................................................................................................................................................................
RF7 ...............................................................................................................................................................................
RF8 ...............................................................................................................................................................................
RF9 ...............................................................................................................................................................................
RF10 .............................................................................................................................................................................
RF11 .............................................................................................................................................................................
RF12 .............................................................................................................................................................................
RF13 .............................................................................................................................................................................
RF14 .............................................................................................................................................................................
RF15 .............................................................................................................................................................................
RF16 .............................................................................................................................................................................
RF17 .............................................................................................................................................................................
RF18 .............................................................................................................................................................................
RF19 .............................................................................................................................................................................
RF20 .............................................................................................................................................................................
( 1)
43°40′
43°40′
43°20′
43°20′
( 2)
42°53.1′
( 2)
41°20′
41°20′
41°10′
41°10′
41°00′
41°00′
41°10′
41°10′
41°20′
41°20′
(4 )
(5 )
W. Longitude
69°20′
69°20′
69°00′
69°00′
67°40′
67°40′
67°44.4′
67°40′
67°40′
68°10′
68°10′
68°20′
68°20′
69°30′
69°30′
69°50′
69°50′
(3)
70°00′
70°00′
1 Intersection
with ME shoreline.
maritime boundary.
shoreline of Nantucket, MA.
4 North-facing shoreline of Nantucket, MA.
5 South-facing shoreline of Cape Cod, MA.
2 U.S./Canada
3 East-facing
*
*
*
*
*
9. In § 648.83 revise paragraph (b)(1)
to read as follows:
§ 648.83
Multispecies minimum fish sizes.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
*
*
*
*
*
(b) * * *(1) Each person aboard a
vessel issued a NE multispecies limited
access permit and fishing under the NE
multispecies DAS program or on a
sector trip may possess up to 25 lb (11.3
kg) of fillets that measure less than the
minimum size, if such fillets are from
legal-sized fish and are not offered or
intended for sale, trade, or barter.
(i) For the purpose of determining
compliance with common pool
possession limits, on board the vessel,
and at the time of landing, as specified
at § 648.86, the weight of fillets and
parts of fish, other than whole-gutted or
gilled fish, shall be multiplied by 3.
(ii) For the purpose of accounting for
all catch by sector vessels, as specified
at § 648.87(b)(1)(v), the weight of all
fillets and parts of fish, other than
whole-gutted or gilled fish reported for
at-home consumption, shall be
multiplied by the conversion factors
provided in writing by the Regional
Administrator.
(iii) For the purposes of accounting
for all catch by common pool vessels
and monitoring sub-ACLs, the weight of
all fillets and parts of fish, other than
whole-gutted or gilled fish reported for
at-home consumption shall be
multiplied by the conversion factors
VerDate Mar<15>2010
15:56 Mar 26, 2012
Jkt 226001
provided in writing by the Regional
Administrator.
*
*
*
*
*
10. In § 648.85,
a. Remove paragraphs
(b)(6)(iv)(J)(3)(vi), (c)(1), (c)(2), and
(c)(3); and
b. Revise paragraphs (b)(5) and
(b)(6)(iv)(J)(3)(i) through
(b)(6)(iv)(J)(3)(v) to read as follows:
§ 648.85
Special management programs.
*
*
*
*
*
(b) * * *
(5) Incidental Catch TACs. Unless
otherwise specified in this paragraph
(b)(5), Incidental Catch TACs shall be
based upon the portion of the ACL for
a stock specified for the common pool
vessels pursuant to § 648.90(a)(4), and
allocated as described in this paragraph
(b)(5), for each of the following stocks:
GOM cod, GB cod, GB yellowtail
flounder, GB winter flounder, CC/GOM
yellowtail flounder, American plaice,
white hake, SNE/MA yellowtail
flounder, SNE/MA winter flounder, and
witch flounder. Because GB yellowtail
flounder and GB cod are transboundary
stocks, the incidental catch TACs for
these stocks shall be based upon the
common pool portion of the ACL
available to U.S. vessels. NMFS shall
send letters to limited access NE
multispecies permit holders notifying
them of such TACs.
(i) Stocks other than GB cod, GB
yellowtail flounder, and GB winter
flounder. With the exception of GB cod,
GB yellowtail flounder, and GB winter
PO 00000
Frm 00090
Fmt 4702
Sfmt 4702
flounder, 100 percent of the Incidental
Catch TACs specified in this paragraph
(b)(5) shall be allocated to the Regular
B DAS Program described in paragraph
(b)(6) of this section.
(ii) GB cod. The Incidental Catch TAC
for GB cod specified in this paragraph
(b)(5) shall be subdivided as follows: 50
percent to the Regular B DAS Program
described in paragraph (b)(6) of this
section; 16 percent to the CA I Hook
Gear Haddock SAP described in
paragraph (b)(7) of this section; and 34
percent to the Eastern U.S./Canada
Haddock SAP described in paragraph
(b)(8) of this section.
*
*
*
*
*
(6) * * *
(iv) * * *
(J) * * *
(3) * * *
(i) The net must be constructed with
four seams (i.e., a net with a top and
bottom panel and two side panels), and
include at least the following net
sections as depicted in Figure 1 of this
part (this figure is also available from
the Administrator, Northeast Region):
Top jib, bottom jib, jib side panels (× 2),
top wing, bottom wing, wing side panels
(× 2), bunt, square, square side panels (×
2), first top belly, first bottom belly, first
belly side panels (× 2), and second
bottom belly.
(ii) The top and bottom jibs, jib side
panels, top and bottom wings, and wing
side panels, bunt, and first bottom belly
(the first bottom belly and all portions
of the net in front of the first bottom
belly, with the exception of the square
E:\FR\FM\27MRP1.SGM
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Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules
and the square side panels) must be at
least two meshes long in the fore and aft
direction. For these net sections, the
stretched length of any single mesh
must be at least 7.9 ft (240 cm),
measured in a straight line from knot to
knot.
(iii) Mesh size in all other sections
must be consistent with mesh size
requirements specified under § 648.80
and meet the following minimum
specifications: Each mesh in the square,
square side panels, and second bottom
belly must be 31.5 inches (80 cm); each
mesh in the first top belly, and first
belly side panels must be at least 7.9
inches (20 cm); and 6 inches (15.24 cm)
or larger in sections following the first
top belly and second bottom belly
sections, all the way to the codend. The
mesh size requirements of the top
sections apply to the side panel
sections.
(iv) The trawl must have at least 15
meshes (240 cm each) at the wide end
of the first bottom belly, excluding the
gore.
(v) The trawl must have a single or
multiple kite panels with a total surface
area of at least 19.3 sq. ft. (1.8 sq. m) on
the forward end of the square to help
maximize headrope height, for the
purpose of capturing rising fish. A kite
panel is a flat structure, usually semiflexible, used to modify the shape of
trawl and mesh openings by providing
lift when a trawl is moving through the
water.
*
*
*
*
*
11. In § 648.86, revise paragraph (c) to
read as follows:
§ 648.86 NE Multispecies possession
restrictions.
*
*
*
*
*
(c) Atlantic halibut. A vessel issued a
NE multispecies permit under
§ 648.4(a)(1) may land or possess on
board no more than one Atlantic halibut
per trip, provided the vessel complies
with other applicable provisions of this
part, unless otherwise specified in
§ 648.90(a)(5)(i)(D)(2).
12. In § 648.87, revise paragraph
(c)(2)(i) to read as follows:
§ 648.87.
Sector allocation.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
*
*
*
*
*
(c) * * *
(2) * * *
(i) Regulations that may not be
exempted for sector participants. The
Regional Administrator may not exempt
participants in a sector from the
following Federal fishing regulations:
NE multispecies year-round closure
areas; permitting restrictions (e.g., vessel
upgrades, etc.); gear restrictions
designed to minimize habitat impacts
VerDate Mar<15>2010
15:56 Mar 26, 2012
Jkt 226001
(e.g., roller gear restrictions, etc.);
reporting requirements; and AMs
specified at § 648.90(a)(5)(i)(D). For the
purposes of this paragraph (c)(2)(i), the
DAS reporting requirements specified at
§ 648.82; the SAP-specific reporting
requirements specified at § 648.85; and
the reporting requirements associated
with a dockside monitoring program
specified in paragraph (b)(5)(i) of this
section are not considered reporting
requirements, and the Regional
Administrator may exempt sector
participants from these requirements as
part of the approval of yearly operations
plans. This list may be modified
through a framework adjustment, as
specified in § 648.90.
*
*
*
*
*
13. In § 648.89, revise paragraphs
(e)(1) and (e)(3)(ii) to read as follows:
§ 648.89 Recreational and charter/party
vessel restrictions.
*
*
*
*
*
(e) Charter/party vessel restrictions on
fishing in GOM closed areas and the
Nantucket Lightship Closed Area —(1)
GOM Closed Areas. Unless otherwise
specified in this paragraph (e)(1), a
vessel fishing under charter/party
regulations may not fish in the GOM
closed areas specified at § 648.81(d)(1)
through (f)(1) during the time periods
specified in those paragraphs, unless the
vessel has on board a valid letter of
authorization issued by the Regional
Administrator pursuant to
§ 648.81(f)(2)(iii) and paragraph (e)(3) of
this section. The conditions and
restrictions of the letter of authorization
must be complied with for a minimum
of 3 months if the vessel fishes or
intends to fish in the seasonal GOM
closure areas; or for the rest of the
fishing year, beginning with the start of
the participation period of the letter of
authorization, if the vessel fishes or
intends to fish in the year-round GOM
closure areas. A vessel fishing under
charter/party regulations may not fish in
the GOM Cod Spawning Protection Area
specified at § 648.81(n)(1) during the
time period specified in that paragraph,
unless the vessel complies with the
requirements specified at
§ 648.81(n)(2)(iii).
*
*
*
*
*
(3) * * *
(ii) Fish species managed by the
NEFMC or MAFMC that are harvested
or possessed by the vessel, are not sold
or intended for trade, barter or sale,
regardless of where the fish are caught;
*
*
*
*
*
14. In § 648.90, revise paragraph
(a)(4)(iii)(C) and add paragraphs
PO 00000
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Fmt 4702
Sfmt 4702
18199
(a)(5)(i)(D), (a)(5)(i)(E), and (a)(5)(iv) to
read as follows:
§ 648.90 NE multispecies assessment,
framework procedures and specifications,
and flexible area action system.
*
*
*
*
*
(a) * * *
(4) * * *
(iii) * * *
(C) Yellowtail flounder catch by the
Atlantic sea scallop fishery. Yellowtail
flounder catch in the Atlantic sea
scallop fishery, as defined in subpart D,
shall be deducted from the ABC/ACL for
each yellowtail flounder stock pursuant
to the restrictions specified in subpart D
of this part and the process to specify
ABCs and ACLs, as described in
paragraph (a)(4) of this section. Unless
otherwise specified in this paragraph
(a)(4)(iii)(C), or subpart D of this part,
the specific value of the subcomponents of the ABC/ACL for each
stock of yellowtail flounder distributed
to the Atlantic sea scallop fishery shall
be specified pursuant to the biennial
adjustment process specified in
paragraph (a)(2) of this section. Based
on information available, NMFS shall
re-estimate the expected scallop fishery
catch of GB yellowtail flounder for the
current fishing year by January 15. If
NMFS determines that the scallop
fishery will catch less than 90 percent
of its GB yellowtail flounder sub-ACL,
the Regional Administrator may reduce
the scallop fishery sub-ACL to the
amount projected to be caught, and
increase the groundfish fishery sub-ACL
by any amount up to the amount
reduced from the scallop fishery subACL. The revised groundfish fishery
sub-ACL shall be distributed to the
common pool and sectors based on the
process specified in paragraph
(a)(4)(E)(1) of this section.
*
*
*
*
*
(5) * * *
(i) * * *
(D) AMs for both stocks of
windowpane flounder, ocean pout, and
Atlantic halibut. At the end of each
fishing year, NMFS shall determine if
the overall ACL for northern
windowpane flounder, southern
windowpane flounder, ocean pout, or
Atlantic halibut was exceeded. If the
overall ACL for any of these stocks is
exceeded, NMFS shall implement the
appropriate AM, as specified in this
paragraph (a)(5)(i)(D), in the second
fishing year after the fishing year in
which the overage occurred, consistent
with the Administrative Procedure Act.
For example, if NMFS determined the
overall ACL for northern windowpane
flounder was exceeded in fishing year
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Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules
2012, the applicable AM would be
implemented for fishing year 2014.
(1) Windowpane flounder and ocean
pout. If NMFS determines the overall
ACL for either stock of windowpane
flounder or ocean pout is exceeded, as
described in this paragraph
(a)(5)(i)(D)(1), by any amount between
the management uncertainty buffer and
20 percent, the applicable small AM
area for the stock shall be implemented,
as specified in paragraph (a)(5)(i)(D) of
this section. If the overall ACL is
exceeded by 21 percent or more, the
applicable large AM area for the stock
shall be implemented, as specified in
paragraph (a)(5)(i)(D) of this section.
Any vessel issued a limited access NE
multispecies permit and fishing with
trawl gear in these areas may only use
a haddock separator trawl, as specified
in § 648.85(a)(3)(iii)(A); a Ruhle trawl,
as specified in § 648.85(b)(6)(iv)(J)(3); a
rope separator trawl, as specified in
§ 648.81(n)(3)(i)(A); or any other gear
approved consistent with the process
defined in § 648.85(b)(6). If a sub-ACL
for either stock of windowpane flounder
or ocean pout is allocated to another
fishery, consistent with the process
specified at § 648.90(a)(4), and AMs are
developed for that fishery, the
groundfish fishery AM shall only be
implemented if the sub-ACL allocated to
the groundfish fishery is exceeded (i.e.,
the sector and common pool catch for a
particular stock, including the common
pool’s share of any overage of the
overall ACL caused by excessive catch
by other sub-components of the fishery
pursuant to § 648.90(a)(5) exceeds the
common pool sub-ACL) and the overall
ACL is also exceeded.
NORTHERN WINDOWPANE FLOUNDER AND OCEAN POUT SMALL AM AREAS
Point
NWS1
NWS2
NWS3
NWS4
NWS5
NWS6
N. Latitude
...........................................................................................................................................................................
...........................................................................................................................................................................
...........................................................................................................................................................................
...........................................................................................................................................................................
...........................................................................................................................................................................
...........................................................................................................................................................................
41°10′
41°10′
41°00′
41°00′
40°50′
40°50′
W. Longitude
67°40′
67°20′
67°20′
67°00′
67°00′
67°40′
NORTHERN WINDOWPANE FLOUNDER AND OCEAN POUT LARGE AM AREAS
Point
NWL1
NWL2
NWL3
NWL4
NWL5
NWL6
N. Latitude
............................................................................................................................................................................
............................................................................................................................................................................
............................................................................................................................................................................
............................................................................................................................................................................
............................................................................................................................................................................
............................................................................................................................................................................
42°10′
42°10′
41°00′
41°00′
40°50′
40°50′
W. Longitude
67°40′
67°20′
67°20′
67°00′
67°00′
67°40′
SOUTHERN WINDOWPANE FLOUNDER AND OCEAN POUT SMALL AM AREAS
Point
SWS1
SWS2
SWS3
SWS4
N. Latitude
............................................................................................................................................................................
............................................................................................................................................................................
............................................................................................................................................................................
............................................................................................................................................................................
41°10′
41°10′
40°50′
50°50′
W. Longitude
71°30′
71°20′
71°20′
71°30′
SOUTHERN WINDOWPANE FLOUNDER AND OCEAN POUT LARGE AM AREAS
Point
SWL1
SWL2
SWL3
SWL4
SWL5
SWL6
N. Latitude
............................................................................................................................................................................
............................................................................................................................................................................
............................................................................................................................................................................
............................................................................................................................................................................
............................................................................................................................................................................
............................................................................................................................................................................
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Point
SWL1
SWL2
SWL3
SWL4
SWL5
SWL6
N. Latitude
............................................................................................................................................................................
............................................................................................................................................................................
............................................................................................................................................................................
............................................................................................................................................................................
............................................................................................................................................................................
............................................................................................................................................................................
(2) Atlantic halibut. If NMFS
determines the overall ACL is exceeded
VerDate Mar<15>2010
15:56 Mar 26, 2012
Jkt 226001
for Atlantic halibut, any vessel issued a
limited access NE multispecies permit,
PO 00000
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41°10′
41°10′
41°00′
41°00′
40°50′
40°50′
Fmt 4702
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NY Coast
40°30′
40°30′
40°20′
NJ Coast
NY Coast
W. Longitude
71°50′
71°10′
71°10′
71°20′
71°20′
71°50′
W. Longitude
73°30′
73°30′
73°50′
73°50′
73°50′
73°50′
an open access NE multispecies
Handgear B permit, an open access NE
E:\FR\FM\27MRP1.SGM
27MRP1
Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules
mstockstill on DSK4VPTVN1PROD with PROPOSALS
multispecies Category K permit, or a
limited access monkfish permit and
fishing under the monkfish Category C
or D permit provisions, may not fish for,
possess, or land Atlantic halibut for the
fishing year in which the AM is
implemented as specified in paragraph
(a)(5)(i)(D) of this section.
(E) AMs for SNE/MA winter flounder
and Atlantic wolffish. A vessel issued a
limited access NE multispecies permit,
an open access NE multispecies
Handgear B permit, an open access NE
multispecies charter/party permit, or a
limited access monkfish permit and
fishing under the monkfish Category C
or D permit provisions may not fish for,
possess, or land SNE/MA winter
VerDate Mar<15>2010
15:56 Mar 26, 2012
Jkt 226001
flounder, as specified in § 648.86(l), as
a proactive AM to prevent the overall
ACL for these stocks from being
exceeded.
*
*
*
*
*
(iv) AMs if the sub-ACL for the
Atlantic sea scallop fishery is exceeded.
At the end of the scallop fishing year,
NMFS shall evaluate Atlantic sea
scallop fishery catch to determine
whether a scallop fishery sub-ACL has
been exceeded. On January 15, or when
information is available to make an
accurate projection, NMFS will also
determine whether the overall ACL for
each stock allocated to the scallop
fishery has been exceeded. When
evaluating whether the overall ACL has
PO 00000
Frm 00093
Fmt 4702
Sfmt 9990
18201
been exceeded, NMFS will add the
maximum carryover available to sectors,
as specified at § 648.87(b)(1)(i)(C), to the
estimate of total catch for the pertinent
stock. If catch by scallop vessels exceeds
the pertinent sub-ACL specified in
paragraph (a)(4)(iii)(C) of this section by
50 percent or more, or if scallop catch
exceeds the scallop fishery sub-ACL and
the overall ACL for that stock is also
exceeded, then the applicable scallop
fishery AM shall take effect, as specified
in § 648.64 of the Atlantic sea scallop
regulations.
*
*
*
*
*
[FR Doc. 2012–7075 Filed 3–26–12; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 77, Number 59 (Tuesday, March 27, 2012)]
[Proposed Rules]
[Pages 18176-18201]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-7075]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 120109034-2171-01]
RIN 0648-BB62
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 47
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to approve Framework Adjustment 47 (Framework
47) to the Northeast (NE) Multispecies Fishery Management Plan (FMP)
and to implement its measures through the proposed regulations.
Framework 47 was developed and adopted by the New England Fishery
Management Council (Council) based on the biennial review process
established in the NE Multispecies FMP to develop annual catch limits
(ACLs) and revise management measures necessary to rebuild overfished
groundfish stocks and achieve the goals and objectives of the FMP. NMFS
also proposes management measures and revisions to existing regulations
that are not included in Framework 47, including common pool management
measures for fishing year (FY) 2012, modification of the Ruhle trawl
definition, modification of the method used to estimate fillets or
parts of fish landed for at-home consumption, and clarification of the
regulations for charter/party and recreational groundfish vessels
fishing in groundfish closed areas. The proposed regulations are
intended to prevent overfishing, rebuild overfished stocks, achieve
optimum yield, and ensure that management measures are based on the
best available scientific information.
DATES: Comments must be received by April 11, 2012.
ADDRESSES: You may submit comments on this document, identified by
``NOAA-NMFS-2012-0004,'' by any of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal www.regulations.gov. To
submit comments via the e-Rulemaking Portal,
[[Page 18177]]
first click the ``submit a comment'' icon, then enter NOAA-NMFS-2012-
0004 in the keyword search. Locate the document you wish to comment on
from the resulting list and click on the ``Submit a Comment'' icon on
the right of that line.
Mail: Submit written comments to Daniel S. Morris, Acting
Regional Administrator, 55 Great Republic Drive, Gloucester, MA 01930.
Fax: (978) 281-9135; Attn: Sarah Heil.
Instructions: Comments must be submitted by one of the above
methods to ensure that the comments are received, documented, and
considered by NMFS. Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered. All comments received are a part of the public
record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.) submitted voluntarily by the
sender will be publicly accessible. Do not submit confidential business
information, or otherwise sensitive or protected information. NMFS will
accept anonymous comments (enter ``N/A'' in the required fields if you
wish to remain anonymous). Attachments to electronic comments will be
accepted in Microsoft Word or Excel, WordPerfect, or Adobe PDF file
formats only.
An environmental assessment (EA) was prepared for Framework 47 that
describes the proposed action and other considered alternatives, as
well as an analysis of the impacts of the proposed measures and
alternatives. Copies of Framework 47, the draft EA, its Regulatory
Impact Review (RIR), and the Initial Regulatory Flexibility Act (IRFA)
analysis prepared by the Council are available upon request from Paul
J. Howard, Executive Director, New England Fishery Management Council,
50 Water Street, Mill 2, Newburyport, MA 01950. The Framework 47 EA/
RIR/IRFA are also accessible via the Internet at https://www.nefmc.org/nemulti/ or https://www.nero.noaa.gov.
FOR FURTHER INFORMATION CONTACT: Sarah Heil, Fishery Policy Analyst,
phone: 978-281-9257, fax: 978-281-9135.
SUPPLEMENTARY INFORMATION:
Background
The NE Multispecies FMP specifies management measures for 16
species in Federal waters off the New England and Mid-Atlantic coasts,
including both large-mesh and small-mesh species. Small-mesh species
include silver hake (whiting), red hake, offshore hake, and ocean pout,
and large-mesh species include Atlantic cod, haddock, yellowtail
flounder, pollock, American plaice, witch flounder, white hake,
windowpane flounder, Atlantic halibut, winter flounder, redfish, and
Atlantic wolffish. Large-mesh species, which are referred to as
``regulated species,'' are divided into 19 fish stocks, and along with
ocean pout, comprise the groundfish complex.
Amendment 16 to the NE Multispecies FMP (Amendment 16) established
a process for setting acceptable biological catches (ABCs) and ACLs for
regulated species and ocean pout, as well as distributing the available
catch among the various components of the groundfish fishery. Amendment
16 also established accountability measures (AMs) for the 20 groundfish
stocks in order to prevent overfishing of these stocks and correct or
mitigate any overages of the ACLs. Framework 44 to the NE Multispecies
FMP (Framework 44) set the ABCs and ACLs for FYs 2010-2012. In 2011,
Framework 45 to the NE Multispecies FMP (Framework 45) revised the ABCs
and ACLs for five stocks for FYs 2011-2012.
The Council adopted Framework 47 on November 16, 2011, and
submitted it to NMFS on February 7, 2012, for approval. The Council
developed Framework 47 as part of the biennial review process
established in the FMP to revise measures necessary to prevent
overfishing and rebuild overfished stocks, and achieve the goals and
objectives of the NE Multispecies FMP. The Council developed Framework
47 to respond to recent stock assessments and updated stock
information, as well as to revise management measures after the fishery
has operated for more than 1 year under ACLs and AMs. If approved,
Framework 47 will be implemented at the start of FY 2012 on May 1,
2012. One measure, if approved, would apply retroactively to the 2011
scallop fishing year, which ended on February 28, 2012, as described in
Item 11 of this preamble.
Proposed Measures
The Council reviewed the proposed regulations, as drafted by NMFS,
and deemed them to be consistent with Framework 47 and necessary to
implement the proposed measures as specified in section 303(c) of the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act). Some of the measures included in this action are being
proposed by NMFS under the authority of section 305(d) of the Magnuson-
Stevens Act, which provides that the Secretary of Commerce may
promulgate regulations necessary to ensure that fishery management
plans or amendments are carried out in accordance with the Magnuson-
Steven Act. These measures, which are identified and described in this
preamble, are necessary to implement changes to the Atlantic Sea
Scallop FMP proposed by the Council in Framework 47, as well as
revisions to the regulations that are not included in Framework 47, but
that are necessary to achieve the objectives of the FMP. This proposed
rule also includes management measures for the common pool fishery for
FY 2012 that are not included in Framework 47, but that may be
considered by the Regional Administrator (RA) under authority provided
by the FMP.
1. Status Determination Criteria for Winter Flounder and Gulf of Maine
Cod
Amendment 16 updated the status determination criteria for existing
NE multispecies regulated species and ocean pout stocks based on the
best available scientific information as determined by the 2008
Groundfish Assessment Review Meeting (GARM III). Framework 45 updated
the status determination criteria for pollock to reflect the results of
a new pollock stock assessment conducted in 2010. New assessments were
conducted for Gulf of Maine (GOM), Georges Bank (GB), and Southern New
England/Mid-Atlantic (SNE/MA) winter flounder in June 2011. In
addition, a new assessment for GOM cod was conducted in December 2011.
Therefore, Framework 47 proposes to update the status determination
criteria for the three winter flounder stocks and GOM cod to
incorporate the results of the recent stock assessments into the FMP.
The proposed revisions are based on the best scientific information
available.
The results from GARM III indicated that overfishing was occurring
for GB and SNE/MA winter flounder and GOM cod, and SNE/MA winter
flounder was overfished. The overfished and overfishing status for GOM
winter flounder was unknown. Based on the new assessments, overfishing
is no longer occurring for GB or SNE/MA winter flounder. Also, the
overfishing status is no longer unknown for GOM winter flounder, and
overfishing is not occurring for this stock. Based on the recent GOM
cod stock assessment, overfishing is occurring for GOM cod, and the
stock is overfished.
[[Page 18178]]
The revised biomass target for GB and SNE/MA winter flounder is
spawning stock biomass at maximum sustainable yield
(SSBMSY), and the maximum fishing mortality rate (F)
threshold is FMSY. The revised maximum F threshold for GOM
winter flounder is F at 40 percent of the maximum spawning potential
(F40MSP). The biomass target for this
stock is still undefined. For GOM cod, the biomass target is unchanged
from GARM III and is SSB at 40 percent MSP
(SSB40MSP). The maximum F threshold proxy
is also unchanged from GARM III and is
F40MSP. The revised status determination
criteria proposed in Framework 47 are presented in Table 1, and the
numerical estimates of these criteria are presented in Table 2.
Table 1--Proposed Status Determination Criteria for Winter Flounder Stocks and GOM Cod
----------------------------------------------------------------------------------------------------------------
Minimum biomass Maximum fishing
Stock Biomass target threshold mortality threshold
----------------------------------------------------------------------------------------------------------------
GOM winter flounder.................. Undefined.............. Undefined.............. F40MSP.
GB winter flounder................... SSBMSY................. \1/2\ SSBMSY........... FMSY.
SNE/MA winter flounder............... SSBMSY................. \1/2\ SSBMSY........... FMSY.
GOM cod.............................. SSB40MSP....... \1/2\ SSB40MSP. F40MSP.
----------------------------------------------------------------------------------------------------------------
Table 2--Numerical Estimates of the Proposed Status Determination Criteria for Winter Flounder Stocks and GOM
Cod
----------------------------------------------------------------------------------------------------------------
Maximum
fishing
Stock Biomass target (mt) mortality MSY (mt)
threshold
----------------------------------------------------------------------------------------------------------------
GOM winter flounder................... Undefined................ 0.31 Undefined.
GB winter flounder.................... 10,100................... 0.42 3,700.
SNE/MA winter flounder................ 43,661................... 0.29 11,728.
GOM cod............................... 61,218................... 0.20 10,392.
----------------------------------------------------------------------------------------------------------------
2. Rebuilding Program for GB Yellowtail Flounder
GB yellowtail flounder is jointly managed with Canada under the
U.S./Canada Resource Sharing Understanding (Understanding). Framework
45 revised the GB yellowtail flounder rebuilding program, based on the
best available scientific information, to rebuild the stock by 2016
with a 50-percent probability of success. This revision extended the
rebuilding program to the maximum 10-year rebuilding period allowed by
the Magnuson-Stevens Act in order to maximize the amount of GB
yellowtail flounder that could be caught while the stock rebuilds.
Under the International Fisheries Agreement Clarification Act
(IFACA) enacted into law on January 4, 2011, the Council and NMFS have
flexibility in establishing rebuilding programs for stocks that are
jointly managed with Canada under the Understanding. For rebuilding
stocks managed under the Understanding, the IFACA provides that the
Council and NMFS may consider decisions under the Understanding as
management measures under an international agreement in order to
provide an exception to the Magnuson- Stevens Act's maximum 10-year
rebuilding period requirement.
Each year, pursuant to the Understanding, the TMGC meets to
consider the scientific advice of the Transboundary Resources
Assessment Committee and to make decisions regarding total allowable
catch (TAC) recommendations for the upcoming year for each stocks
managed under the Understanding. The TMGC adopts harvest strategies to
guide its annual TAC recommendations. At its September 2011 meeting,
the TMGC reaffirmed its harvest strategy for GB yellowtail flounder to
maintain a low to neutral risk of exceeding the fishing mortality limit
reference (Fref) of 0.25. Based on that harvest strategy,
the TMGC developed its 2012 TAC recommendation for GB yellowtail
flounder and forwarded the recommendation to the Council for approval
See Item 5 for more information on the 2012 TMGC TAC recommendations..
Given the IFACA, and that the TMGC decisions regarding a GB
yellowtail flounder harvest strategy and annual TAC are considered
management measures under an international agreement, the rebuilding
program for GB yellowtail flounder can exceed 10 years. Therefore,
Framework 47 proposes to revise the rebuilding strategy for GB
yellowtail flounder. The proposed rebuilding strategy for GB yellowtail
flounder would rebuild the stock by 2032 with a 50-percent probability
of success. This rebuilding strategy is based on an F of 0.21 and would
extend 26 years beyond the rebuilding program start date (2006). The
proposed rebuilding time period is as short as possible, taking into
account the Understanding and decisions made under it, and the needs of
the fishing communities, and will provide more flexibility for
negotiating annual catches with Canada.
3. Overfishing Levels and Acceptable Biological Catches
The overfishing level (OFL) for each stock is calculated using the
estimated stock size and FMSY (i.e., the fishing mortality
rate that, if applied over the long term, would result in maximum
sustainable yield). ABCs for each stock are recommended by the
Council's Scientific and Statistical Committee (SSC), and are lower
than the OFLs in order to account for scientific uncertainty. The ABCs
are calculated using the estimated stock size for a particular year and
are based on the catch associated with 75 percent of FMSY or
the F required to rebuild the stock within the defined rebuilding time
period (Frebuild), whichever is lower. For SNE/MA winter
flounder, the ABC is calculated using the F expected to result from
management measures that are designed to achieve an F as close to zero
as practicable. The Canadian share/allowance of an ABC, or the expected
Canadian catch, is deducted from the ABC available for each pertinent
stock. The U.S. ABC is the amount available to the U.S. fishery after
accounting for Canadian catch.
[[Page 18179]]
Framework 44 specified OFLs and ABCs for each stock for FY 2010-
2012 based on the best scientific information available, and Framework
45 revised the OFLs and ABCs for five stocks for FY 2011-2012 based on
updated stock information. Framework 47 proposes to set the OFLs and
ABCs for nine stocks for FY 2012-2014 that are assessed with an index-
based stock assessment or that have had a recent stock assessment
completed, as well as set the OFL and ABC for FY 2012-2013 for GB
yellowtail flounder based on updated stock information (Table 3). For
nine stocks, Framework 47 proposes to adopt the OFLs and ABCs for FY
2012 that were previously specified in Framework 44 or Framework 45
(Table 3). These stocks were last assessed at GARM III. The SSC
determined that projections from the GARM III assessment were not a
reliable basis for providing catch advice for these stocks for FY 2013-
2014. As a result, stock assessment updates were completed in February
2012 for these stocks, and the results of these updates will be used to
set OFLs and ABCs for FY 2013-2014. The Council intends to incorporate
the assessment update results and specify OFLs and ABCs for FY 2013-
2014 for these stocks in a future framework action. A new stock
assessment is scheduled for SNE/MA yellowtail flounder in June 2012.
The results of this stock assessment will be used to specify OFLs and
ABCs for the stock for FY 2013-2014, and will also be incorporated into
a future framework action by the Council. Updated information for
stocks assessed with an index-based assessment may also be used to
revise the OFLs and ABCs for FY 2013-2014 specified in this action. The
OFLs and ABCs proposed in Framework 47 are based on the most recent
stock assessment information, which is the best scientific information
available.
Framework 47, as approved by the Council on November 16, 2011,
proposed to set specifications for GOM cod for FY 2012-2014 based on
the most recent stock assessment that was completed in December 2011.
The results of the assessment indicate that the stock is overfished and
overfishing is occurring. The assessment results also indicate that GOM
cod cannot rebuild by its rebuilding end date of 2014 even in the
absence of all fishing mortality. Given the final results of the GOM
cod assessment, and that rebuilding cannot be achieved within the
rebuilding period, NMFS concluded that the NE Multispecies FMP is not
making adequate progress toward ending overfishing and rebuilding GOM
cod. NMFS notified the Council of this determination in a letter dated
January 26, 2012, and of the requirement for the Council to implement a
plan by May 1, 2013, to immediately end overfishing for GOM cod. The
Council was also notified that it has up to 2 years to address GOM cod
rebuilding, although NMFS urged the Council to do this by the beginning
of FY 2013 to coincide with measures to end overfishing. In addition,
NMFS indicated that the Magnuson-Stevens Act provides some flexibility
for NMFS to only reduce overfishing, rather than end it immediately,
during FY 2012 while the Council develops measures to address GOM cod.
At its January 25, 2012, meeting, the Council's SSC met to discuss
the GOM cod stock assessment. At the request of the Council, the SSC
did not recommended ABCs for GOM cod for FY 2012-2014. The SSC reviewed
the stock assessment and identified issues that may warrant a closer
examination and that may influence the interpretation of the assessment
results. Subsequently, at its February 1, 2012, meeting, the Council
did not adopt ABCs for GOM cod to be implemented in Framework 47. The
Council requested that NMFS implement an interim action for FY 2012 to
reduce overfishing on GOM cod while the Council responds to the new GOM
cod stock assessment and develops measures for FY 2013 that will
immediately end overfishing. NMFS has committed that it intends to
implement an interim action to reduce overfishing for GOM cod and
establish catch levels for this stock for FY 2012.
Therefore, this action does not include OFLs and ABCs for GOM cod
for FY 2012-2014. If no action is taken to specify a new ABC for GOM
cod for FY 2012, the FY 2012 ABC previously specified in Framework 44
(9,018 mt) would go into effect on May 1, 2012. The SSC will meet in
the future to recommend ABCs for FY 2013-2014 for GOM cod, and the
Council intends to adopt these ABCs in a future management action.
Table 3--Proposed FY 2012-2014 OFLs and ABCs (mt)
----------------------------------------------------------------------------------------------------------------
OFL U.S. ABC
Stock -----------------------------------------------------------------
2012 2013 2014 2012 2013 2014
----------------------------------------------------------------------------------------------------------------
GB cod........................................ 7,311 ......... ......... 5,103 ......... .........
GB haddock.................................... 51,150 ......... ......... 30,726 ......... .........
GOM haddock................................... 1,296 ......... ......... 1,013 ......... .........
GB yellowtail flounder........................ 1,691 1,691 ......... 564 564 .........
SNE/MA yellowtail flounder.................... 3,166 ......... ......... 1,003 ......... .........
Cape Cod (CC)/GOM yellowtail flounder......... 1,508 ......... ......... 1,159 ......... .........
American plaice............................... 4,727 ......... ......... 3,632 ......... .........
Witch flounder................................ 2,141 ......... ......... 1,639 ......... .........
GB winter flounder............................ 4,839 4,819 4,626 3,753 3,750 3,598
GOM winter flounder........................... 1,458 1,458 1,458 1,078 1,078 1,078
SNE/MA winter flounder........................ 2,336 2,637 3,471 626 697 912
Redfish....................................... 12,036 ......... ......... 9,224 ......... .........
White hake.................................... 5,306 ......... ......... 3,638 ......... .........
Pollock....................................... 19,887 20,060 20,554 15,400 15,600 16,000
Northern windowpane flounder.................. 230 230 230 173 173 173
Southern windowpane flounder.................. 515 515 515 386 386 386
Ocean pout.................................... 342 342 342 256 256 256
Atlantic halibut.............................. 143 143 143 85 85 85
Atlantic wolffish............................. 92 92 92 83 83 83
----------------------------------------------------------------------------------------------------------------
[[Page 18180]]
4. Annual Catch Limits
Unless otherwise noted below, the U.S. ABC for each stock (for each
fishing year) is divided into the following fishery components to
account for all sources of fishing mortality: State waters (portion of
ABC expected to be caught from state waters outside Federal
management); other sub-components (expected catch by non-groundfish
fisheries); scallop fishery; mid-water trawl fishery; commercial
groundfish fishery; and recreational groundfish fishery. Currently, the
scallop fishery only receives an allocation for GB and SNE/MA
yellowtail flounder, the mid-water trawl fishery only receives an
allocation for GB and GOM haddock, and the recreational groundfish
fishery only receives an allocation for GOM cod and haddock. Once the
ABC is divided, sub-annual catch limits (sub-ACLs) and ACL sub-
components are set by reducing the amount of the ABC distributed to
each component of the fishery to account for management uncertainty.
Management uncertainty is the likelihood that management measures will
result in a level of catch greater than expected. For each stock,
management uncertainty is estimated using the following criteria:
Enforceability, monitoring adequacy, precision of management tools,
latent effort, and catch of groundfish in non-groundfish fisheries.
Appendix III of the Framework 47 EA provides a detailed description of
the process used to estimate management uncertainty and calculate ACLs
for this action (see ADDRESSES).
The total ACL is the sum of all of the sub-ACLs and ACL sub-
components, and is the catch limit for a particular year after
accounting for both scientific and management uncertainty. Landings and
discards from all fisheries (commercial and recreational groundfish
fishery, state waters, and non-groundfish fisheries) are counted
against the catch limit for each stock. Components of the fishery that
are allocated a sub-ACL for a particular stock are subject to AMs if
the catch limit is exceeded. ACL sub-components represent the expected
catch by components of the fishery that are not subject to AMs (e.g.,
state waters).
Based on the ABCs proposed in this action, Framework 47 also
proposes ACLs for each of the groundfish stocks, except GOM cod, as
described in Item 3 of this preamble. The proposed ACLs for FY 2012-
2014 are presented in Table 4 through 7. The percentage of the ABC
deducted for expected catch from state waters is between 1 and 10
percent for most stocks. However, for GOM winter flounder, SNE/MA
winter flounder, and Atlantic halibut, 25 percent, 28 percent, and 50
percent of the ABC was set aside for state waters catch, respectively.
The amount of the ABC deducted for expected catch from non-groundfish
fisheries (other sub-components) is between 2 and 9 percent for each
stock, but 19 percent and 70 percent of the ABC is set aside for
northern and southern windowpane flounder, respectively. Seventy
percent of the ABC for southern windowpane flounder is deducted based
partly on the expected catch of this stock by the scallop fishery. To
adjust for management uncertainty, the default reduction to the ABC
component for most stocks and components of the fishery was 5 percent.
Only 3 percent was deduced for stocks or components of the fishery with
less management uncertainty, and 7 percent was deducted for stocks or
components with more management uncertainty.
This proposed action would not change the initial allocation of
yellowtail flounder to the scallop fishery for FY 2012 that was
specified in Framework 44. The yellowtail flounder allocation to the
scallop fishery is based on the expected catch of yellowtail flounder
calculated from the projected scallop harvest for the fishing year.
Framework 44 allocated 90 percent of the projected yellowtail flounder
catch by the scallop fishery for FY 2012 for both SNE/MA yellowtail
flounder and GB yellowtail flounder.
The commercial groundfish sub-ACL is further divided into the non-
sector (common pool) sub-ACL and the sector sub-ACL, based on the total
vessel enrollment in all sectors and the cumulative Potential Sector
Contributions associated with those sectors. The proposed distribution
of the groundfish sub-ACL between the common pool and sectors presented
in Tables 4 through Table 7 are based on preliminary FY 2012 sector
rosters submitted to NMFS as of December 1, 2011. This distribution is
different from the common pool and sector sub-ACLs included in the
Framework 47 EA, which were based on FY 2011 sector rosters, and do not
reflect updated rosters submitted to NMFS for FY 2012. However, this
distribution is the same as the sector sub-ACLs and Annual Catch
Entitlements specified for each sector in the proposed rule to approve
sector operations plans for FY 2012 that was published in the Federal
Register on February 15, 2012 (77 FR 8780).
FY 2012 sector rosters will not be finalized until May 1, 2012,
because owners of individual permits signed up to participate in
sectors have until April 30, 2012, to drop out of a sector and fish in
the common pool for FY 2012. In addition, NMFS extended the deadline to
join a sector for FY 2012 through April 30, 2012, in the proposed rule
to approve sector operations plan for FY 2012 (77 FR 8780). This
opportunity is being provided for common pool vessels due to concerns
for the recent GOM cod assessment and the potential impacts for FY 2012
catch limits. Therefore, it is possible that the sector sub-ACLs listed
in the tables below may change due to changes in the sector rosters.
Updated sector sub-ACLs will be published in the Framework 47 final
rule, or a subsequent adjustment rule to reflect the final FY 2012
sector rosters as of May 1, 2012.
Table 4--Proposed FY 2012 Allocations to the Recreational Groundfish
Fishery, Scallop Fishery, and Mid-Water Trawl Fishery (mt)
------------------------------------------------------------------------
---------------------------------------------------------
Fishery Stock
------------------------------------------------------------------------
Recreatio GOM Cod...................... GOM Haddock.
nal
Groundfi
sh
Fishery
n/a.......................... 259.
--------------------------------------------------------------
Scallop SNE/MA Yellowtail Flounder... GB Yellowtail
Fishery Flounder.
126.......................... 307.5.
--------------------------------------------------------------
Midwater GB Haddock................... GOM Haddock.
Trawl
Fishery
286.......................... 9.
------------------------------------------------------------------------
[[Page 18181]]
Table 5--Proposed FY 2012 Total ACLs, Sub-ACLs, and ACL Sub-Components (mt, Live Weight)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary
Stock Total ACL Groundfish sub- Preliminary common pool State waters Other sub-
ACL sector sub-ACL sub-ACL sub- component component
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB cod.................................................. 4,861 4,605 4,518 87 51 204
GB haddock.............................................. 29,260 27,438 27,298 141 307 1,229
GOM haddock............................................. 958 912 643 10 15 22
GB yellowtail flounder.................................. 547.8 217.7 214.6 3.1 0.0 22.6
SNE/MA yellowtail flounder.............................. 936 760 591 168 10 40
CC/GOM yellowtail flounder.............................. 1,104 1,046 1,019 27 35 23
American plaice......................................... 3,459 3,278 3,207 71 36 145
Witch flounder.......................................... 1,563 1,448 1,420 28 49 66
GB winter flounder...................................... 3,575 3,387 3,365 22 0 188
GOM winter flounder..................................... 1,040 715 691 24 272 54
SNE/MA winter flounder.................................. 603 303 0 303 175 125
Redfish................................................. 8,786 8,325 8,258 66 92 369
White hake.............................................. 3,465 3,283 3,283 45 73 109
Pollock................................................. 14,736 12,612 12,513 99 754 1,370
Northern windowpane flounder............................ 163 129 0 129 2 33
Southern windowpane flounder............................ 381 72 0 72 39 270
Ocean pout.............................................. 240 214 0 214 3 23
Atlantic halibut........................................ 83 36 0 36 43 4
Atlantic wolffish....................................... 77 73 0 73 1 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 6--Proposed FY 2013 Total ACLs, Sub-ACLs, and ACL Sub-Components (mt, Live Weight)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary
Stock Total ACL Groundfish sub- Preliminary common pool State waters Other sub-
ACL sector sub-ACL sub-ACL sub- component component
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB yellowtail flounder.................................. 547.8 217.7 214.6 3.1 0.0 22.6
GB winter flounder...................................... 3,572 3,384 3,362 22 0 188
GOM winter flounder..................................... 1,040 715 691 24 272 54
SNE/MA winter flounder.................................. 672 337 0 337 195 139
Pollock................................................. 14,927 12,791 12,690 101 756 1,380
Northern windowpane flounder............................ 163 129 0 129 2 33
Southern windowpane flounder............................ 381 72 0 72 39 270
Ocean pout.............................................. 240 214 0 214 3 23
Atlantic halibut........................................ 83 36 0 36 43 4
Atlantic wolffish....................................... 77 73 0 73 1 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 7--Proposed FY 2014 Total ACLs, Sub-ACLs, and ACL Sub-Components (mt, Live Weight)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary
Stock Total ACL Groundfish sub- Preliminary common pool State waters Other sub-
ACL sector sub-ACL sub-ACL sub- component component
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB winter flounder...................................... 3,427 3,247 3,226 21 0 180
GOM winter flounder..................................... 1,040 715 691 24 272 54
SNE/MA winter flounder.................................. 879 441 0 441 255 182
Pollock................................................. 15,308 13,148 13,044 104 760 1,400
Northern windowpane flounder............................ 163 129 0 129 2 33
Southern windowpane flounder............................ 381 72 0 72 39 270
Ocean pout.............................................. 240 214 0 214 3 23
Atlantic halibut........................................ 83 36 0 36 43 4
Atlantic wolffish....................................... 77 73 0 73 1 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
5. Annual Specifications for the U.S./Canada Management Area
Eastern GB cod, eastern GB haddock, and GB yellowtail flounder are
managed in cooperation with Canada under the U.S./Canada Resource
Sharing Understanding, which is an informal agreement between the
Northeast Region of NMFS and the Maritimes Region of the Department of
Fisheries and Ocean of Canada. The FMP specifies a procedure for
setting annual total allowable catches (TACs) for these three stocks in
the U.S./Canada Management Area consistent with the Understanding. Each
year the TMGC negotiates a shared TAC for each stock based on the most
recent stock information and the TMGC harvest strategy. The harvest
strategy for setting catch levels is to maintain a low to neutral (less
than 50-percent) risk of exceeding the fishing mortality limit
reference (Fref = 0.18, 0.26, and 0.25 for cod, haddock, and
yellowtail flounder, respectively), and, when stock conditions are
poor, fishing mortality should be further reduced to promote
rebuilding. The shared TACs are
[[Page 18182]]
allocated to the U.S. and Canada based on a formula that considers
historical catch percentages and the current resource distribution
based on trawl surveys. The U.S./Canada Management Area comprises the
entire stock area for GB yellowtail flounder; therefore, the U.S. TAC
for this stock is also the U.S. ABC.
In September 2011, the TMGC approved recommendations for 2012
shared TACs for eastern GB cod, eastern GB haddock, and GB yellowtail
flounder. The TMGC recommended a shared TAC of 675 mt for eastern GB
cod, 16,000 mt for eastern GB haddock, and 900 mt for GB yellowtail
flounder. However, at its September 2011 meeting, the Council's SSC
recommended an ABC of 1,150 mt for GB yellowtail flounder, which was
higher than the TMGC recommendation. On September 28, 2011, the Council
reviewed the recommendations of the TMGC and the SSC, and approved the
TMGC recommendations for eastern GB cod and eastern GB haddock. The
Council also approved an ABC of up to 1,150 mt for GB yellowtail
flounder, consistent with the SSC's recommendation. Because this ABC is
greater than the shared TAC initially negotiated by the TMGC, the TMGC
met by conference call in October 2011 to reconsider its 2012
recommendation for GB yellowtail flounder. The TMGC concluded that
1,150 mt was an appropriate shared TAC for GB yellowtail flounder for
2012 that would balance the risk of exceeding Fref (0.25)
and the desire to maintain stock biomass.
The proposed 2012 U.S./Canada TACs are presented in Table 8. For
2012, the annual percentage shares for each country are based on a 10-
percent weighting of historical catches and a 90-percent weighting of
the current resource distribution. The regulations related to the
Understanding require that any overages of the eastern GB cod, eastern
GB haddock, or GB yellowtail flounder TACs available to the U.S. be
deducted from the pertinent TAC in the following fishing year. If FY
2011 catch information indicates that the U.S. TAC for any of the
shared stocks was exceeded, NMFS will reduce the FY 2012 U.S. TAC for
that stock, using procedures consistent with the Administrative
Procedure Act.
Table 8--Proposed 2012 U.S./Canada TACS (mt, Live Weight) and Percentage
Shares
------------------------------------------------------------------------
GB
TAC Eastern GB Eastern GB yellowtail
cod haddock flounder
------------------------------------------------------------------------
Total Shared TAC................. 675 16,000 1,150
U.S. TAC......................... 162 (24%) 6,880 (43%) 564 (49%)
Canada TAC....................... 513 (76%) 9,120 (57%) 586 (51%)
------------------------------------------------------------------------
6. Incidental Catch Total Allowable Catches and Allocations to Special
Management Programs
Incidental catch TACs are specified for certain stocks of concern
(i.e., stocks that are overfished or subject to overfishing) for common
pool vessels fishing in the special management programs (i.e., special
access programs (SAPs) and the Regular B Days-At-Sea (DAS) Program), in
order to limit the catch of these stocks under such programs. The
Incidental Catch TAC for each stock is based on the common pool sub-ACL
and is distributed to each special management program using a
predetermined formula specified in the regulations. Any catch on a trip
that ends on a Category B DAS (either Regular or Reserve B DAS) is
attributed to the Incidental Catch TAC for the pertinent stock. Catch
on a trip that starts under a Category B DAS and then flips to a
Category A DAS is attributed to the common pool sub-ACL.
This proposed rule specifies incidental catch TACs for the NE
multispecies special management programs for FYs 2012-2014 based on the
proposed common pool sub-ACLs listed in Item 4 of this preamble (Table
11, Table 12, Table 13). The FY 2012 sector rosters will not be
finalized until May 1, 2012, for the reasons mentioned earlier in this
preamble. Therefore, the common pool sub-ACL may change due to changes
to the FY 2012 sector rosters. Updated incidental catch TACs will be
published in the Framework 47 final rule, or a subsequent adjustment
rule, if necessary, based on the final sector rosters as of May 1,
2012.
Table 11--Proposed Common Pool Incidental Catch TACs for FY 2012-2014 (mt, Live Weight)
----------------------------------------------------------------------------------------------------------------
Percentage
of common
Stock pool sub- 2012 2013 2014
ACL
----------------------------------------------------------------------------------------------------------------
GB cod...................................................... 2 1.7 n/a n/a
GB yellowtail flounder...................................... 2 0.1 n/a n/a
SNE/MA yellowtail flounder.................................. 1 1.7 n/a n/a
CC/GOM yellowtail flounder.................................. 1 0.3 n/a n/a
Plaice...................................................... 5 3.5 n/a n/a
Witch Flounder.............................................. 5 1.4 n/a n/a
GB winter flounder.......................................... 2 0.4 0.4 0.4
SNE/MA winter flounder...................................... 1 3.0 3.4 4.4
White Hake.................................................. 2 0.9 n/a n/a
----------------------------------------------------------------------------------------------------------------
[[Page 18183]]
Table 12--Percentage of Incidental Catch TACs Distributed to Each
Special Management Program
------------------------------------------------------------------------
Closed area Eastern US/
Regular B I hook gear CA haddock
Stock DAS program haddock SAP SAP
(percent) (percent) (percent)
------------------------------------------------------------------------
GB cod........................... 50 16 34
GB yellowtail flounder........... 50 n/a 50
SNE/MA yellowtail flounder....... 100 n/a n/a
CC/GOM yellowtail flounder....... 100 n/a n/a
Plaice........................... 100 n/a n/a
Witch Flounder................... 100 n/a n/a
GB winter flounder............... 50 n/a 50
SNE/MA winter flounder........... 100 n/a n/a
White Hake....................... 100 n/a n/a
------------------------------------------------------------------------
Table 13--Incidental Catch TACs for Each Special Management Program for FY 2012-2014 (mt, Live Weight)
----------------------------------------------------------------------------------------------------------------
Regular B DAS program Closed area I hook Eastern U.S./Canada
------------------------ gear haddock SAP haddock SAP
Stock -----------------------------------------------
2012 2013 2014 2012 2013 2014 2012 2013 2014
----------------------------------------------------------------------------------------------------------------
GB cod.................................. 0.9 n/a n/a 0.3 0.0 0.0 0.6 0.0 0.0
GB yellowtail flounder.................. 0.03 n/a n/a n/a n/a n/a 0.03 n/a n/a
SNE/MA yellowtail flounder.............. 1.7 n/a n/a n/a n/a n/a n/a n/a n/a
CC/GOM yellowtail flounder.............. 0.3 n/a n/a n/a n/a n/a n/a n/a n/a
Plaice.................................. 3.5 n/a n/a n/a n/a n/a n/a n/a n/a
Witch Flounder.......................... 1.4 n/a n/a n/a n/a n/a n/a n/a n/a
GB winter flounder...................... 0.2 0.2 0.2 n/a n/a n/a 0.2 0.2 0.2
SNE/MA winter flounder.................. 3.0 3.4 4.4 n/a n/a n/a n/a n/a n/a
White hake.............................. 0.9 n/a n/a n/a n/a n/a n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
7. Common Pool Trimester Total Allowable Catches
Beginning in FY 2012, the common pool sub-ACL for each stock will
be divided into trimester TACs at the start of the fishing year. The
percentage of each sub-ACL allocated to each trimester was determined
in Amendment 16. The current regulations require that, with the
exception of both stocks of windowpane flounder, ocean pout, and
Atlantic halibut, once 90 percent of the trimester TAC is projected to
be caught, the area where 90 percent of the catch for the pertinent
stock occurred will be closed. The area closure will apply to all
common pool vessels fishing with gear capable of catching the pertinent
stock. The trimester TAC areas for each stock, as well as the
applicable gear types are defined at Sec. 648.82(n)(2). Any overages
or underages of the trimester TAC in Trimester 1 or Trimester 2 will be
applied to the next trimester (e.g., any remaining portion of the
Trimester 1 TAC will be added to the Trimester 2 TAC). Any overage of
the total sub-ACL will be deducted from the following fishing year's
common pool sub-ACL for that stock. Uncaught portions of the Trimester
3 TAC will not be carried over into the following fishing year.
Based on the ACLs and sub-ACLs proposed in Framework 47, this rule
also proposes trimester TACs for FYs 2012-2014 for the common pool
(Table 14 and Table 15). As described earlier, vessels have until April
30, 2012, to drop out of a sector, and common pool vessels have been
provided additional flexibility to join a sector through April 30,
2012. Sector rosters for each fishing year are finalized on May 1. The
ACLs and sub-ACLs proposed in this rule are based on current FY 2012
sector rosters as of December 1, 2011. Any changes to the sector
rosters will also change the proposed sector and common pool sub-ACLs,
and as a result, the trimester TACs proposed in this rule may also
change. Based on the final sector rosters, NMFS will publish a rule in
early May 2012, if necessary, to modify these sub-ACLs, and notify the
public of these changes. As described in Item 9 of this preamble,
Framework 47 proposes to revise the accountability measures for the
groundfish fishery for the six stocks not currently allocated to
sectors. If approved, these proposed measures would remove the common
pool trimester TAC requirement for SNE/MA winter flounder, both stocks
of windowpane flounder, ocean pout, Atlantic halibut, and Atlantic
wolffish. Proposed FY 2012-2014 trimester TACs are presented in Table
15 for each stock based on the current regulations.
Table 14--Percentage of Common Pool sub-ACL Distributed to Each
Trimester
------------------------------------------------------------------------
Percentage of common pool sub-ACL
Stock --------------------------------------
Trimester 1 Trimester 2 Trimester 3
------------------------------------------------------------------------
GB Cod........................... 25 37 38
GOM Cod.......................... 27 36 37
GB Haddock....................... 27 33 40
GOM Haddock...................... 27 26 47
GB Yellowtail Flounder........... 19 30 52
[[Page 18184]]
SNE/MA Yellowtail Flounder....... 21 37 42
CC/GOM Yellowtail Flounder....... 35 35 30
American Plaice.................. 24 36 40
Witch Flounder................... 27 31 42
GB Winter Flounder............... 8 24 69
GOM Winter Flounder.............. 37 38 25
SNE/MA Winter Flounder........... 36 50 14
Redfish.......................... 25 31 44
White Hake....................... 38 31 31
Pollock.......................... 28 35 37
N. Windowpane Flounder........... 33 33 34
S. Windowpane Flounder........... 33 33 34
Ocean Pout....................... 33 33 34
Atlantic Halibut................. 33 33 34
Atlantic Wolffish................ 75 13 12
------------------------------------------------------------------------
Table 15--Proposed FY 2012-2014 Common Pool Trimester TACs
----------------------------------------------------------------------------------------------------------------
2012 2013 2014
Stock --------------------------------------------------------------------------------
Tri 1 Tri 2 Tri 3 Tri 1 Tri 2 Tri 3 Tri 1 Tri 2 Tri 3
----------------------------------------------------------------------------------------------------------------
GB Cod......................... 21.8 32.2 33.1 n/a n/a n/a n/a n/a n/a
GOM Cod........................ 0.0 0.0 0.0 n/a n/a n/a n/a n/a n/a
GB Haddock..................... 38.0 46.4 56.2 n/a n/a n/a n/a n/a n/a
GOM Haddock.................... 2.6 2.5 4.6 n/a n/a n/a n/a n/a n/a
GB Yellowtail Flounder......... 0.6 0.9 1.6 n/a n/a n/a n/a n/a n/a
SNE/MA Yellowtail Flounder..... 32.0 50.5 87.6 n/a n/a n/a n/a n/a n/a
CC/GOM Yellowtail Flounder..... 9.5 9.5 8.1 n/a n/a n/a n/a n/a n/a
American Plaice................ 17.0 25.5 28.3 n/a n/a n/a n/a n/a n/a
Witch Flounder................. 7.6 8.8 11.9 n/a n/a n/a n/a n/a n/a
GB Winter Flounder............. 1.8 5.3 15.2 1.8 5.3 15.2 1.7 5.1 14.5
GOM Winter Flounder............ 8.8 9.0 5.9 8.8 9.0 5.9 8.8 9.0 5.9
SNE/MA Winter Flounder......... 109.0 151.4 42.4 121.3 168.5 47.2 158.8 220.5 61.7
Redfish........................ 16.6 20.6 29.2 n/a n/a n/a n/a n/a n/a
White Hake..................... 17.2 14.0 14.0 n/a n/a n/a n/a n/a n/a
Pollock........................ 27.8 34.8 36.8 28.2 35.3 37.3 29.0 36.3 38.3
N. Windowpane Flounder......... 42.5 42.5 43.8 42.5 42.5 43.8 42.5 42.5 43.8
S. Windowpane Flounder......... 23.7 23.7 24.4 23.7 23.7 24.4 23.7 23.7 24.4
Ocean Pout..................... 70.7 70.7 72.9 70.7 70.7 72.9 70.7 70.7 72.9
Atlantic Halibut............... 12.0 12.0 12.4 12.0 12.0 12.4 12.0 12.0 12.4
Atlantic Wolffish.............. 55.0 9.5 8.8 55.0 9.5 8.8 55.0 9.5 8.8
----------------------------------------------------------------------------------------------------------------
* Tri 1 = Trimester 1; Tri 2 = Trimester 2; Tri 3 = Trimester 3.
8. Common Pool Restricted Gear Areas
Amendment 16 implemented two restricted gear areas (RGAs) for
common pool vessels beginning in FY 2010: The Western GB Multispecies
RGA and the SNE Multispecies RGA. These RGAs were developed to help
meet the mortality objectives for the common pool fishery and primarily
reduce the catch of flatfish species by common pool vessels. The
current regulations require common pool vessels fishing under a NE
multispecies DAS that fish any part of a trip in these RGAs to use a
haddock separator trawl, a Ruhle trawl, a rope trawl, longline/tub
trawls, handgear, or sink gillnets. Tie-down gillnets are also allowed
to be used in these areas, or stowed on board, as long as the mesh is
greater than or equal to 10 inches (25.4 cm). Common pool vessels
fishing in either of these RGAs are required to declare into the area
via the Vessel Monitoring System, or obtain a letter of authorization
from the RA to fish in these RGAs.
Framework 47 proposes to remove the Western GB and SNE Multispecies
RGAs based on a determination that there are sufficient fishing
mortality controls for common pool vessels to limit catch within the
pertinent catch limits. In addition, Framework 47 also proposes to
modify AMs for several groundfish stocks, which, if approved, would
include restricted gear areas for common pool and sector vessels if
total catch limits are exceeded during the fishing year. Removing the
Western GB and SNE Multispecies RGAs would simplify the regulations and
avoid confusion between the proposed AM areas and the existing common
pool RGAs. In addition, removing the Western GB and SNE Multispecies
RGAs would facilitate fishing by common pool vessels without risk of
exceeding common pool catch limits.
9. Accountability Measures
AMs are required to prevent overfishing and ensure accountability
in the fishery. Proactive AMs are intended to prevent ACLs from being
exceeded and reactive AMs are meant to correct or mitigate overages if
they occur. Amendment 16 implemented AMs for all of the groundfish
stocks. For the six stocks not currently allocated to sectors (SNE/MA
winter flounder, northern and southern windowpane flounder, ocean pout,
Atlantic wolffish, and Atlantic halibut), the current AM is triggered
if
[[Page 18185]]
catch by sector and common pool vessels exceeds the common pool catch
limit. For FYs 2010 and 2011, if the common pool sub-ACL is exceeded, a
differential DAS rate based on the proportion of the common pool sub-
ACL caught is applied in the differential DAS area for the pertinent
stock. The differential DAS rate only applies to common pool vessels
fishing under a NE multispecies DAS. Beginning in FY 2012, the common
pool sub-ACL will be divided into trimester TACs. For Atlantic wolffish
and SNE/MA winter flounder, if the common pool catch exceeds 90 percent
of the trimester TAC, the area that accounts for 90 percent of the
catch would be closed to common pool vessels fishing with certain gear
types for the remainder of the trimester. Any overages of the common
pool sub-ACL will be deducted from the sub-ACL for the pertinent stock
in the following fishing year.
Upon approval of Amendment 16, NMFS notified the Council that it
was concerned with the AMs developed for stocks not allocated to
sectors because they lacked sector-specific AMs. NMFS recommended that
the Council develop appropriate AMs for these stocks in a future
action. As a result, Framework 47 proposes to modify the AMs for these
stocks for common pool and sector vessels. During the development of
Framework 47, there was ongoing litigation on Amendment 16.
Environmental groups challenged Amendment 16 partially due to the lack
of sector-specific AMs for stocks not allocated to sectors. On December
20, 2011, the U.S. District Court for the District of Columbia upheld
all challenged measures in Amendment 16, except for the AMs for those
stocks not allocated to sectors (SNE/MA winter flounder, northern
windowpane flounder, southern windowpane flounder, ocean pout, Atlantic
halibut, and Atlantic wolffish). In its only adverse finding, the Court
found that Amendment 16 lacked adequate reactive AMs (i.e., AMs that
are implemented if an ACL is exceeded) for these stocks and remanded
the issue to NMFS and the Council for further action. NMFS is
requesting public comment on the adequacy of the proposed AMs in this
action in light of the recent litigation.
Ocean Pout and Windowpane Flounder, and Atlantic Halibut
Framework 47 proposes area-based AMs for ocean pout and both stocks
of windowpane flounder, and a zero-possession AM for Atlantic halibut
for sector and common pool vessels that would be triggered if the total
ACL is exceeded. During year 2, NMFS would evaluate catch for year 1,
and, if the total ACL is exceeded, the AM would be implemented in year
3. For example, if the total ACL for ocean pout is exceeded in FY 2012,
NMFS would implement the applicable AM for ocean pout in FY 2014. To
determine if the total ACL is exceeded, NMFS would include catch by the
groundfish fishery as well as catch by sub-components of the fishery
(e.g., state waters and non-groundfish fisheries). The implementation
of AMs in year 3 would allow a complete and accurate evaluation of
catch for year 1. Catch of these stocks occurs in state waters and non-
groundfish fisheries, and in-season catch data is not available for
these fisheries. Due to the current data availability, the proposed
timing of these AMs would allow for accurate catch accounting, and will
ensure an AM is not inadvertently implemented. Improved data
availability in the future may allow for modification of the timing of
these AMs.
Currently, ocean pout, northern and southern windowpane flounder,
and Atlantic halibut are not allocated to sectors, and a sub-ACL is
only specified for the common pool fishery. Catch by common pool and
sector vessels is applied to the common pool sub-ACL for these stocks.
However, if a sub-ACL is specified in the future for other fisheries,
and AMs are developed for these fisheries, the AMs for the groundfish
fishery or any other fisheries would only be triggered if the total ACL
for the stock is exceeded and the fishery's sub-ACL was also exceeded,
including its share of any overage caused by other sub-components of
the fishery. Since these proposed AMs are meant to restrict catch by
common pool and sector vessels, sectors would not be able to request an
exemption from these AM provisions.
If the total ACL is exceeded for ocean pout, northern windowpane
flounder, or southern windowpane flounder in year 1, gear restrictions
would apply in the AM areas developed for each stock for both sector
and common pool vessels in year 3. For all three stocks, trawl vessels
would be required to use selective trawl gear. Approved gears include
the haddock separator trawl, the Ruhle trawl (see Item 14 for
description of Ruhle trawl that includes the mid-sized eliminator (or
Ruhle) trawl in the definition of this gear type), the rope trawl, and
any other gears authorized by the Council in a management action or
approved for use consistent with the process defined at Sec.
648.85(b)(6). There would be no restrictions on longline or gillnet
gear because it was determined that these gear types comprise a small
amount of the total catch for these stocks. If the amount of the total
ACL overage is between the management uncertainty buffer and up to 20
percent, the small AM area would be triggered for the pertinent stock.
Currently, the management uncertainty buffer is 5 percent; however,
this buffer could be modified in the future. If the amount of the
overage is more than 20 percent, the large AM area would be triggered.
The applicable GB AM area would be implemented if the total ACL for
northern windowpane is exceeded, and the applicable SNE AM area would
be implemented if the total ACL for southern windowpane is exceeded.
Both the GB and SNE AM areas would be implemented if the total ACL for
ocean pout is exceeded. Sectors would be prohibited from requesting an
exemption from these AM provisions.
Currently, common pool and sector vessels have a one-fish landing
limit for Atlantic halibut. If the total ACL for Atlantic halibut is
exceeded in year 1, landing of Atlantic halibut would be prohibited by
common pool and sector vessels in year 3. This AM is expected to keep
mortality of Atlantic halibut below the target levels because a portion
of the discarded fish would be expected to survive.
SNE/MA Winter Flounder and Atlantic Wolffish
Currently, commercial and recreational vessels are prohibited from
possessing SNE/MA winter flounder and Atlantic wolffish. Framework 47
proposes to adopt the current possession prohibition as a proactive AM
for SNE/MA winter flounder and Atlantic wolffish for both commercial
and recreational vessels. Under these proposed measures, the current
trimester TAC AM for SNE/MA winter flounder and Atlantic wolffish that
applies to common pool vessels would be removed. Based on FY 2010 catch
information and partial FY 2011 catch information, the prohibition on
possession has adequately kept the catch of this stock within the
mortality targets.
10. Removal of Cap on Yellowtail Flounder Catch in Scallop Access Areas
In 2004, Framework 39 to the NE Multispecies FMP and Framework 16
to the Atlantic Sea Scallop FMP implemented a cap on the amount of
yellowtail flounder that could be caught in the Nantucket Lightship,
Closed Area I, and Closed Area II Sea Scallop Access Areas. This
measure was implemented before ACL and AM provisions were added to the
NE Multispecies and Atlantic Sea Scallop FMPs in order to ensure that
yellowtail flounder catches
[[Page 18186]]
did not exceed the target TACs for yellowtail flounder or exceed the
U.S TAC for GB yellowtail flounder. Under the current regulations,
scallop vessels are allowed to catch up to 10 percent of the total SNE/
MA yellowtail flounder ACL from the Nantucket Lightship Sea Scallop
Access Area, and up to 10 percent combined of the U.S. TAC of GB
yellowtail flounder from the Closed Area I and Closed Area II Sea
Scallop Access Areas. Once the 10-percent access area cap is caught,
the pertinent access area is closed to scallop vessels for the
remainder of the scallop fishing year.
Framework 47 proposes to remove the 10-percent access area cap for
the Nantucket Lightship, Closed Area I, and Closed Area II Sea Scallop
Access Areas. The scallop fishery would still be subject to its GB and
SNE/MA yellowtail flounder sub-ACLs, but there would be no limit on how
much of the sub-ACLs could be caught in the scallop access areas. This
proposed measure would remove an unnecessary provision now that the
fishery is managed under ACLs. ACLs limit the amount of yellowtail
flounder that can be caught by the scallop fishery, so a catch cap for
the access areas is no longer necessary to meet fishing mortality
objectives.
11. Implementation of Scallop Fishery Accountability Measure
Each year a portion of the GB and SNE/MA yellowtail flounder ABC is
allocated to the scallop fishery as a sub-ACL. Currently, if the
scallop fishery exceeds its sub-ACL for either of these stocks by 1
percent or more in the scallop fishing year, pre-identified statistical
areas with high catch rates of yellowtail flounder will close to
limited access scallop vessels. The closure would be in place for
consecutive months beginning at the start of the subsequent scallop
fishing year, and the duration of the closure would depend on the
magnitude of the overage. The proposed rule for Framework 23 to the
Atlantic Sea Scallop FMP (Framework 23) was published in the Federal
Register on January 3, 2012 (77 FR 52). Framework 23 proposes to revise
the yellowtail flounder seasonal closure AM schedule for scallop
vessels to ensure that the closures would occur during the months with
the highest yellowtail flounder catch rates. If approved, Framework 23
would likely become effective in April 2012.
Framework 47 proposes to modify when the AM for the scallop fishery
would be triggered. If the scallop fishery exceeds it sub-ACL for any
groundfish stock, and the total ACL for that stock is also exceeded,
the corresponding scallop seasonal closure would be implemented
according to the seasonal closure AM schedule. In addition, if the
scallop fishery exceeds its sub-ACL by 50 percent or more for any
groundfish stock, the scallop seasonal closure AM would be implemented
according to the schedule. When evaluating whether the total ACL has
been exceeded for a groundfish stock for the purposes of triggering the
scallop fishery AM, NMFS would add the maximum carryover available to
the groundfish fishery to the estimate of total catch. Currently, the
scallop fishery is allocated a sub-ACL for GB and SNE/MA yellowtail
flounder; however, this measure would also apply to the scallop fishery
AM for any additional groundfish stock that is allocated to the scallop
fishery in a future action. If approved, this measure would apply
retroactively to the 2011 scallop fishing year.
The scallop fishing year ends on February 28, and the groundfish
fishing year ends on April 30. Given the differences in fishing years,
complete catch information for GB and SNE/MA yellowtail flounder would
not be available until sometime after April 30. In addition, inseason
catch information is not available for groundfish ACL sub-components,
such as state waters catch. As a result, when evaluating the total
catch of GB and SNE/MA yellowtail flounder for the purposes of
triggering the scallop fishery AM, NMFS would primarily rely on partial
catch information to project total fishing year catch of these two
stocks from state waters and non-groundfish fisheries. NMFS would also
use partial fishing year data to estimate GB and SNE/MA yellowtail
flounder catch by the groundfish fishery and would project catch of
these two stocks by groundfish vessels for the remainder of the
groundfish fishing year. Although this proposed measure would allow
more flexibility for the scallop fishery, there would be uncertainty
associated with the catch projections used to determine whether the
scallop fishery AM should be triggered. NMFS is seeking public comment
on the use of these catch estimates for the purposes of triggering the
scallop fishery AM.
This proposed measure would allow more flexibility in the fishery.
Currently, the yellowtail flounder allocation to the scallop fishery is
based on an estimate of the yellowtail flounder expected to be caught
with the projected scallop harvest for the fishing year. Because there
is uncertainty in estimating the projected yellowtail flounder catch in
the scallop fishery, the proposed revision to the AM trigger would
account for projection uncertainty without compromising the mortality
objectives for GB and SNE/MA yellowtail flounder. In addition,
triggering the AM when the scallop fishery exceeds its allocation by 50
percent or more will still ensure accountability in the fishery. The
Council did not specifically include how to reference this measure in
the scallop regulations in Framework 47; therefore, these references
are proposed by NMFS under the authority of Section 305(d) of the
Magnuson-Stevens Act.
12. Inseason Re-Estimation of Scallop Fishery GB Yellowtail Flounder
Sub-ACL
The allocation of the GB yellowtail flounder sub-ACL to the scallop
fishery is based on an estimate of the amount of GB yellowtail flounder
the scallop fishery is expected to catch, which is determined by the
scallop quota for the fishing year. The estimate is based on past
fishing activity and projected changes in the stock size of GB
yellowtail flounder and scallops. There are no restrictions on how much
GB yellowtail flounder can be allocated to the scallop fishery. In FY
2010, the scallop fishery was allocated 100 percent of the estimated GB
yellowtail flounder catch associated with the projected scallop catch.
In FY 2011 and FY 2012, the scallop fishery was allocated 90 percent of
the projected GB yellowtail flounder catch. Because there is
uncertainty in the initial estimates of projected GB yellowtail
flounder catch, there is a possibility that the initial allocation to
the scallop fishery could be too low, which could cause the scallop
sub-ACL to be exceeded, or that the initial allocation to the scallop
fishery could be too high, which could reduce GB yellowtail flounder
yield.
Due to the uncertainty in the initial estimates of projected GB
yellowtail flounder and scallop catch, and to prevent the loss of
available yield of GB yellowtail flounder, Framework 47 proposes to
create a mechanism to re-estimate the expected GB yellowtail flounder
catch by the scallop fishery by January 15 of each fishing year. If the
re-estimate of projected GB yellowtail flounder indicates that the
scallop fishery will catch less than 90 percent of its sub-ACL, NMFS
would reduce the scallop fishery sub-ACL to the amount expected to be
caught and increase the groundfish fishery sub-ACL for GB yellowtail
flounder by the difference between the original estimate and the
revised estimate. The increase to the groundfish fishery sub-ACL would
be distributed to sectors and the common pool. NMFS would not make any
changes to the GB yellowtail flounder
[[Page 18187]]
sub-ACL for the scallop fishery if the revised estimate indicates that
the scallop fishery will catch 90 percent or more of its sub-ACL. NMFS
would notify the public of any changes to the GB yellowtail flounder
sub-ACLs consistent with the Administrative Procedure Act.
In addition, due to uncertainty associated with the revised
estimate of expected GB yellowtail flounder catch, NMFS would have the
authority to adjust the size of the change made to the sub-ACLs for the
scallop and groundfish fisheries. Based on the amount of the
uncertainty, NMFS could revise the sub-ACLs by any amount between the
initial estimate of expected GB yellowtail flounder catch by the
scallop fishery and the revised estimate. Implementation of this
measure would be delayed until data availability for projecting GB
yellowtail flounder catch is sufficient to re-estimate the GB
yellowtail flounder sub-ACL for the scallop fishery mid-season.
Consideration of uncertainty and delay in implementation of this
measure would avoid errors in the re-estimation of the GB yellowtail
flounder sub-ACLs if the projected scallop fishery catch is
underestimated. Errors in the re-estimation of the scallop fishery sub-
ACL could cause the scallop fishery to exceed its sub-ACL if projected
catch is underestimated. In addition, if the groundfish fishery catches
the additional GB yellowtail flounder allocated mid-fishing year, the
U.S. TAC for GB yellowtail flounder could be exceeded.
This proposed measure will prevent any loss of GB yellowtail
flounder yield that may occur if the initial catch estimate of this
stock by the scallop fishery is too high. Re-estimation of the expected
GB yellowtail flounder catch by the scallop fishery mid-season would
allow additional GB yellowtail flounder yield by the commercial
groundfish fishery and would help achieve optimum yield for this stock.
13. Annual Measures for FY 2012 Under Regional Administrator Authority
The FMP provides authority for the RA to implement certain types of
management measures for the common pool fishery, the U.S./Canada
Management Area, and Special Management Programs on an annual basis, or
as needed. This proposed rule includes a description of the management
measures being considered by the RA for FY 2012 in order to provide an
opportunity for the public to comment on whether the proposed measures
are appropriate. These measures are not part of Framework 47, and were
not specifically proposed by the Council, but are proposed in
conjunction with Framework 47 for expediency purposes and because they
relate to the proposed Framework 47 measures (i.e., ACLs). The RA may
implement different measures from the FY 2012 measures proposed in this
action if current information indicates such measures are necessary to
meet the requirements of the FMP. The measures implemented through RA
authority for FY 2012 will be implemented through the Framework 47
final rule, or, if necessary, through a separate final rule.
The RA has the authority to modify common pool trip limits in order
to prevent exceeding the common pool sub-ACLs and facilitate harvest so
total catch approaches the common pool sub-ACLs. Table 16 provides a
summary of the default trip limits that would take effect in FY 2012 if
the RA takes no action, the common pool trip limits for FY 2011, and
the proposed trip limits that would be in effect for the start of FY
2012. Proposed trip limits for FY 2012 were developed after considering
changes to the FY 2012 common pool sub-ACLs and sector rosters,
trimester TACs for FY 2012, catch rates of each stock during FY 2011,
bycatch, the potential for differential DAS counting in FY 2012, and
other available information. For stocks that include a range of
potential trip limits in Table 16, a final trip limit would be
specified in the final rule implementing these measures based upon
public comment. NMFS is requesting public input on common pool trip
limits for FY 2012.
Table 16--Default, FY 2011, and Proposed FY 2012 Trip Limits for the Common Pool
----------------------------------------------------------------------------------------------------------------
Default limit in Proposed FY 2012 trip
Stock regulations FY 2011 trip limit limit
----------------------------------------------------------------------------------------------------------------
GOM cod.............................. 800 lb (362.9 kg) per 500 lb (226.8 kg) per 500 lb (226.8 kg)--800
DAS, up to 4,000 lb DAS, up to 2,000 lb lb (362.9 kg) per DAS,
(1,818.2 kg) per trip. (907.2 kg) per trip; up to 2,000 lb (907.2
reduced to 350 lb kg) per trip.
(158.8 kg) per DAS up
to 1,000 lb (453.6 kg)
per trip.
GB cod............................... 2,000 lb (907.2 kg) per 3,000 lb (1,360.8 kg) 2,000 lb (907.2 kg) per
DAS, up to 20,000 lb per DAS, up to 30,000 DAS, up to 20,000 lb
(9,072 kg) per trip. lb (13,607.8 kg) per (9,072 kg) per trip.
trip; reduced to 300
lb (136.1 kg) per DAS,
up to 600 lb (272.2
kg) per trip.
GOM haddock.......................... Unrestricted........... 1,000 lb (453.6 kg) per 750 lb (340.2 kg)--
trip. 1,000 lb (453.6 kg)
per trip.
GB haddock........................... Unrestricted........... 10,000 lb (4,535.9 kg) 7,500 lb (3,402 kg)--
per trip. 10,000 lb (4,535.9 kg)
per trip.
GOM winter flounder.................. Unrestricted........... 250 lb (113.4 kg) per 250 lb (113.4 kg) per
trip. trip.
GB winter flounder................... Unrestricted........... 1,000 lb (453.6 kg) per 1,000 lb (453.6 kg) per
trip. trip.
CC/GOM yellowtail flounder........... 250 lb (113.4 kg) per 500 lb (226.8 kg) per 250 lb (113.4 kg) per
DAS, up to 1,500 DAS, up to 2,000 DAS, up to 1,500
(680.4 kg) per trip. (907.2 kg) per trip. (680.4 kg) per trip.
GB yellowtail flounder............... Unrestricted........... 1,500 (680.4 kg) per 1,000 (453.6 kg)--1,500
trip. (680.4 kg) per trip.
SNE/MA yellowtail flounder........... 250 lb (113.4 kg) per 500 lb (226.8 kg), up 500 lb (226.8 kg), up
DAS, up to 1,500 to 2,000 (907.2 kg) to 2,000 (907.2 kg)
(680.4 kg) per trip. per trip. per trip--1,500 lb
(680.4 kg), up to
4,500 (2,041.1 kg) per
trip.
American plaice...................... Unrestricted........... Unrestricted........... Unrestricted.
Pollock.............................. 1,000 lb (450 kg) per Unrestricted........... Unrestricted.
DAS; up to 10,000 lb
(4,500 kg) per trip.
Witch flounder....................... Unrestricted........... 250 lb (113.4 kg) per 250 lb (113.4 kg) per
trip. trip.
White hake........................... 500 lb (226.8 kg) per 1,500 lb (680.4 kg) per 1,000 lb (453.6 kg)--
DAS; up to 2,000 lb trip. 1,500 lb (680.4 kg)
(907.2 kg) per trip. per trip.
[[Page 18188]]
Redfish.............................. Unrestricted........... Unrestricted........... Unrestricted.
----------------------------------------------------------------------------------------------------------------
The RA has the authority to determine the allocation of the total
number of trips into the Closed Area II Yellowtail Flounder/Haddock SAP
based on several criteria, including the GB yellowtail flounder TAC and
the amount of GB yellowtail flounder caught outside of the SAP. In
2005, Framework 40B (June 1, 2005; 70 FR 31323) implemented a provision
that no trips should be allocated to the Closed Area II Yellowtail
Flounder/Haddock SAP if the available GB yellowtail flounder catch is
insufficient to support at least 150 trips with a 15,000-lb (6,804-kg)
trip limit (i.e., 150 trips of 15,000 lb (6,804 kg)/trip, or 2,250,000
lb (1,020,600 kg). This calculation accounts for the projected catch
from the area outside the SAP. Based on the groundfish sub-ACL of
479,946 lb (217,700 kg), there is insufficient GB yellowtail flounder
to allocate any trips to the SAP, even if the projected catch from
outside the SAP area is zero. Therefore, based on existing authority,
this action proposes to allocate zero trips to the Closed Area II
Yellowtail Flounder/Haddock SAP for FY 2012. Vessels could still fish
in this SAP in FY 2012 using a haddock separator trawl, a Ruhle trawl,
or hook gear. Vessels would not be allowed to fish in this SAP using
flounder nets.
14. Mid-Size Ruhle Trawl
The Council requested that NMFS implement a smaller-scale version
of the Ruhle trawl (i.e., the mid-size Eliminator Trawl), which is a
trawl designed with large meshes in the forward part of the net to
reduce catch of cod and flatfish. Specifically, the Council requested
that the mid-size Eliminator Trawl should be: (1) Available for use by
both sector and non-sector vessels in the Eastern U.S./Canada Haddock
SAP and Regular B DAS Program; and (2) assigned a separate gear code
but should not be assigned a separate stratum for the purpose of
discard information. This action proposes to broaden the current
definition of the Ruhle Trawl to include the mid-size Eliminator trawl.
Expanding this definition would increase fishing opportunity for
smaller vessels by allowing them to utilize this smaller-scale trawl,
and therefore, have access to the Haddock SAP, as well as the B DAS
program. In addition, vessels would be able to operate under the Ruhle
trawl gear code, which would result in reduced discard rates for
certain species, particularly depleted stocks that may have
constraining catch limits.
Vessels fishing in the Regular B DAS Program or the Haddock SAP
must use approved trawl gear that has been determined to reduce the
catch of NE multispecies stocks of concern. The RA may approve
additional gears for use in the Regular B DAS Program and the Eastern
U.S./Canada Haddock SAP if a gear meets gear performance standards
defined at Sec. 648.85(b)(6)(iv)(J)(2). These gear performance
standards were developed to allow the harvest of healthy stocks (e.g.,
GB haddock) while avoiding the capture of stocks of concern (e.g., GB
cod and GB yellowtail flounder). The full-size Eliminator trawl (i.e.,
Ruhle trawl) was tested in 2006. This experiment demonstrated that it
effectively harvested the target species haddock while reducing catches
of cod and other stocks of concern. NMFS, upon the request of the
Council, approved the Ruhle trawl for use in the B DAS Program and
Haddock SAP on July 14, 2008 (73 FR 40186). The current definition of
the Ruhle trawl is specific to the experimental net, which was designed
for relatively large vessels.
The University of Rhode Island (URI) conducted a follow-on study
that tested two smaller versions of the Ruhle trawl that could be used
by smaller vessels (small-size Eliminator trawl and mid-size Eliminator
trawl) to determine if the catch performance of the smaller trawls is
similar to that of the full-size trawl. In January 2010, URI submitted
a final report titled ``Exploring Bycatch Reduction in the Haddock
Fishery Through the Use of the Eliminator Trawl (Ruhle Trawl) with
Fishing Vessels in the 250 to 550 HP Range.'' Although the small-size
Eliminator did not attain the desired catch performance results, the
mid-size Eliminator had catch performance characteristics very similar
to those of the Ruhle trawl. Following a successful peer review, the
Council determined that the mid-size Eliminator trawl effectively meets
the pertinent gear performance standards and requested that NMFS
approve the use of the mid-size Eliminator trawl for use by sector and
non-sector vessels in the B DAS Program and Haddock SAP.
Vessels participating in the NE multispecies common pool and sector
management programs are subject to catch limits, which include
discarded catch. Vessel Trip Report (VTR) gear codes, in conjunction
with stock area fished and sector, are used to establish discard strata
for each NE multispecies stock to ensure these catch limits are not
exceeded. Each discard stratum has a particular discard rate associated
with each NE multispecies stock based on Northeast Fisheries Observer
Program (NEFOP) and at-sea-monitor (ASM) data. There are currently
three commonly used VTR trawl gear codes for groundfish: Bottom fish;
haddock separator; and Ruhle trawl. Because the haddock separator trawl
and the Ruhle trawl were designed to fish more selectively than a
regular bottom fish trawl, trips using these two gear types generally
have reduced catch for certain stocks of NE multispecies, particularly
flatfish and cod, resulting in a lower discard rate for these species.
Due to the similar catch performance characteristics of the mid-size
Eliminator and Ruhle trawl, the Council has requested that data from
both be pooled for the purpose of assigning discard rates and
establishing discard strata.
The Council also requested that NMFS create a new VTR gear code for
the mid-size Eliminator Trawl as a means to monitor the catch
performance of this net design in the fishery. However, creating a new
gear code would not achieve the Council's objective. A mid-size
Eliminator trawl could range in size from the experimental net up to
the size of the Ruhle trawl. Consequently, a vessel may correctly
choose the mid-size Eliminator Trawl VTR gear code, but the net size
could vary considerably from the experimental net size, which precludes
the ability to use a VTR gear code to monitor how the experimental net
performs when adopted in the fishery. Instead, NMFS proposes to use
foot-rope length and discard data obtained by trips that are
accompanied by a NEFOP assigned observer or ASM. Data from observed or
monitored vessels that are using a mid-size Eliminator with a sweep
that is comparable to the experimental net sweep of 33m (109 ft) would
be used to evaluate how the
[[Page 18189]]
experimental gear is performing in practice.
NMFS proposes to broaden the definition of the Ruhle Trawl such
that, if implemented as proposed, the mid-size Eliminator would meet
the definition of a Ruhle trawl. Upon consultation with NMFS fishing
gear scientists and the URI Eliminator trawl research team, this action
proposes to adjust the current definition of the Ruhle trawl to include
the smaller dimensions of the mid-size Eliminator trawl, and only
include the primary design features of the net design in the gear
definition. Currently, a Ruhle trawl must have a minimum fishing circle
of at least 398 ft (121.4 m), meet mesh-size specifications in the
forward portion of the net, be rigged with a specific sweep
configuration, have four seams, and have a minimum kite surface area.
This action would revise the current Ruhle trawl definition by making
the following modifications: Replace the minimum fishing circle
requirement with a more concise and enforceable measure using minimum
number of meshes at the wide end of the first bottom belly; adjust the
mesh configuration in the forward part of the net and the minimum kite
area requirements to that of the mid-size Eliminator; and remove the
sweep configuration requirements. The sweep requirements have been
removed from the definition as this component of the gear is largely
based on bottom composition and preference, and is not the primary
bycatch reduction device, which is the large meshes located in the
forward part of the net. The minimum mesh sizes and minimum kite area
were reduced to enable the mid-size Eliminator to meet the Ruhle trawl
definition.
15. Monitoring of Fillets, Fish Parts, and Fish Landed for At-Home
Consumption
This action proposes to remove the 3:1 counting method for the
purposes of counting fillets and fish-parts landed for at-home
consumption against the pertinent ACLs. NMFS published an interim final
rule on July 19, 2011, (76 FR 42577), which changed the way that
fillets, fish parts, and fish landed for at-home consumption are
counted against ACLs. That rule specified that all catch by a sector
vessel, including fillets retained by crew for home consumption, count
against the sector's ACE for that stock; and all catch by a common pool
vessel, including fillets retained by crew for home consumption, count
towards the vessel's possession limit for that stock and the common
pool sub-ACL for that stock. The interim final rule required that
fillets and parts of fish (as referenced at Sec. 648.83(b)) be counted
at a rate of 3:1 both for compliance purposes with common pool
possession limits and for monitoring ACLs. The regulations were
modified to require the weight of fillets or parts of fish to be
multiplied by 3 and added to the weight of whole fish for monitoring
purposes to ensure all fish landed for at-home consumption is
attributed to the appropriate ACL.
Since publishing the interim final rule, NMFS has developed a more
precise method to estimate the weight of fillets or parts of fish for
monitoring ACLs. Instead of a universal 3:1 multiplier, the new method
uses species-specific conversion factors. The species-specific
conversion factors used for regulated species currently allowed to be
landed are presented in Table 17. These conversion factors, as well as
the conversion factors for other groundfish species and species outside
of the NE Multispecies FMP, are available from NMFS (see ADDRESSES).
Fillets and fish parts landed would be multiplied by the species-
specific multiplier for monitoring sector ACEs and common pool sub-
ACLs. This is consistent with the FMP requirement that all catch by
sector and common pool vessels be accounted for, and will provide more
accurate information to be used in preventing overharvest of sector
ACEs and common pool sub-ACLs. The 3:1 counting rate for fillets and
parts of fish would continue to be used to determine compliance with
possession limits for the common pool.
Table 17--Groundfish Species Conversion Factors for Fillets and Parts of
Fish Landed for At-Home Consumption
------------------------------------------------------------------------
Conversion
Species factor
------------------------------------------------------------------------
Atlantic cod............................................... 1.169
Haddock.................................................... 1.139
Yellowtail Flounder........................................ 1
American Plaice............................................ 1
Witch Flounder............................................. 1
Winter Flounder............................................ 1
Redfish.................................................... 1
White Hake................................................. 1.34
Pollock.................................................... 1.133
Atlantic Halibut........................................... 1.142
------------------------------------------------------------------------
16. Charter/Party Vessel Closed Area Letter of Authorization
Framework Adjustment 33 to the NE Multispecies FMP (Framework 33)
provided an exemption to charter/party and recreational vessels to fish
in the GOM Rolling Closure Areas, the Western GOM Closure Area, Cashes
Ledge Closure Area, and the Nantucket Lightship Closed Area, provided
the vessel is issued a letter of authorization (LOA) from the Regional
Administrator. The current regulations specify that a vessel issued
this LOA is not allowed to sell any fish, with the exception of tuna.
However, the Council's intent for this exemption cited in Framework 33
was to exempt all species that are not managed by the New England
Fishery Management Council (NEFMC) or the Mid-Atlantic Fishery
Management Council (MAFMC). In addition to tuna, striped bass and
lobster, among other species, are not managed by the NEFMC or the
MAFMC, and therefore, should be precluded from the prohibition of sale.
To address this issue, the regulations at Sec. 648.81(c)(2)(ii)(B) and
(f)(2)(iii)(B), and at Sec. 648.89(e)(3)(ii), would be revised to
allow the sale of fish species that are not managed by the Councils,
including striped bass and lobster, when a vessel holds a charter/party
LOA issued by the Regional Administrator.
Request for Comments
The public is invited to comment on any of the measures proposed in
this rule. NMFS is especially interested in receiving comments on the
following proposed measures for which the agency has concern: (1) The
proposed revisions to the AMs for the six stocks not currently
allocated to sectors (SNE/MA winter flounder, northern windowpane
flounder, southern windowpane flounder, ocean pout, Atlantic halibut,
and Atlantic wolffish); (2) the use of catch projections for evaluating
the total yellowtail flounder catch in order to trigger the scallop
fishery AM; and (3) the proposed common pool trip limits for FY 2012,
which is the first year the common pool fishery will be subject to the
trimester TAC AM.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that this proposed rule is
consistent with Framework 47 to the FMP, other provisions of the
Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment. Further, pursuant to section 303(c)
of the Magnuson-Stevens Act, the Council has deemed this proposed rule
as necessary and appropriate to implement Framework 47.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
An IRFA, consistent with the Regulatory Flexibility Act (RFA)
analysis contained in Framework 47 and the preamble to this proposed
rule, has been prepared, as required by section
[[Page 18190]]
603 of the RFA. The IRFA consists of this section, the SUMMARY section
of the preamble of this proposed rule, and the EA prepared for
Framework 47. Another IRFA, incorporated in this summary by reference,
was prepared for the proposed rule to approve the 2012 sector
operations plans and allocate annual catch entitlements to sectors. The
IRFA describes the economic impact this proposed rule would have on
small entities if adopted. A description of the action, why it is being
considered, and the legal basis for this action are contained in
Framework 47, and in the preamble to this rule. This IRFA analyzes
expected impacts of the proposed measures in Framework 47, including
setting GOM cod specifications based on the new GOM cod assessment. As
explained in the preamble, however, the Council did not adopt ABCs for
GOM cod in Framework 47, and if approved, Framework 47 would not
include GOM cod specifications for FY 2012-2014. Therefore, the
following summary also includes expected impacts of this proposed
action in the absence of GOM cod specifications. FY 2010, which is the
last full fishing year for which data are available, was used as the
baseline period in this analysis to estimate the impacts of the
proposed action on regulated small entities.
Description and Estimate of the Number of Small Entities To Which the
Proposed Rule Will Apply
The measures proposed in Framework 47 would primarily affect
commercial groundfish vessels (in a sector or in the common pool) and
commercial Atlantic sea scallop vessels. The primary economic impact of
the proposed action is associated with the specification of ACLs and
sub-ACLs. The size standard for determining small versus large entities
for regulated commercial fishing entities (North American Industry
Classification System code 114111) is $4 million in sales; regulated
entities with less than $4 million in sales are considered small.
Multiple vessels may be owned by a single owner, and contrary to the
IRFA prepared for Framework 47, data tracking ownership recently became
available to determine affiliated entities. However, this IRFA does not
analyze the expected impacts of the proposed action using ownership
groups, (i.e., ownership of multiple vessels by one owner). Therefore,
for the purposes of analysis, each permitted vessel is treated as a
single entity, except for vessels participating in the sector program,
as described below.
In the IRFA prepared for Framework 47, as explained in Section
8.11.2 of Framework 47, sectors were used as the regulated entity for
the first time to estimate impacts of the proposed action. Sectors were
used as the entity for analysis, in part, because each vessel's
Potential Sector Contribution only becomes fishable quota if the vessel
is a member of a sector. Since sectors are allocated Annual Catch
Entitlement (ACE), based on the cumulative Potential Sector
Contribution of each individual sector member, sectors as an affiliated
entity provides a useful approach for analyzing the impacts of
Framework 47. This approach is different than the approach used to
prepare the IRFA for the proposed rule to implement the 2012 sector
operations plans and allocate ACE to sectors, as well as other previous
groundfish actions. In the past, individual vessels, not sectors, were
used as the regulated entity to estimate impacts of proposed measures
on vessels participating in the sector program. NMFS determined that
deeming a sector as the regulated entity, for the purposes of analysis
under the Regulatory Flexibility Act (RFA), is a useful alternative to
analysis of individual vessels for Framework 47. NMFS believes this
analysis should also be completed using the individual vessel as the
regulated entity to provide continuity with the RFA analyses of
previous actions. Therefore, a supplemental analysis has been prepared
using individual vessels as the regulated entity to analyze the impacts
of Framework 47. This supplemental analysis, which is described below,
along with the Framework 47 analysis, gives the public the best
opportunity to review the impacts of Framework 47 in the context of
prior and concurrent actions.
Under the Framework 47 RFA analysis, which is described in Section
8.11.2 of Framework 47, the entities affected by the proposed action
would include 7 large and 10 small regulated entities participating in
the sector program, and 342 small regulated entities in the common
pool. If using individual vessels as the regulated entity for the
sector program, this proposed action would affect 740 small regulated
entities enrolled in the sector program. In addition, because the
proposed action would decrease the available GB yellowtail flounder,
permitted scallop vessels are regulated by this action. Potentially
affected entities in the scallop fishery would include 347 limited
access scallop vessels and 730 general category scallop vessels. All
individual vessels in the sea scallop fishery are considered small
business entities under the Small Business Administration criteria.
Using sectors as the regulated entity to estimate impacts of the
proposed action, there were 7 large and 10 small regulated entities
participating in the sector program in FY 2010. Mean gross sales of
fish for the 7 large entities was $13.7 million and approximately $2
million for the 10 small entities. Under the proposed action, 3 large
entities would fall below the threshold of $4 million in sales, which
would result in 4 large and 13 small regulated entities. Mean gross
sales for the large regulated entities are estimated at $9.5 million
under the proposed action, which is a 30-percent reduction from the
baseline period. Mean gross sales for the small regulated entities is
estimated at $0.7 million, which is a 62-percent reduction from the
baseline period.
There were 343 commercial groundfish vessels in the common pool
that had at least $1 in gross sales from fish during FY 2010. All of
these were small regulated entities with mean gross sales of $156,000.
Under the proposed action, gross sales from groundfish would be
approximately $2,600, which is less than 2 percent of the mean gross
sales. Although the proposed action may trigger common pool
accountability measures, which would limit opportunities to fish for
groundfish, the impact on small regulated entities would likely be
insignificant.
Using individual vessels as the regulated entity to estimate the
impacts of the proposed action, there were 740 vessels enrolled in the
sector program, and 607 common pool vessels, in FY 2010. During the
baseline period, there were 446 sector vessels, and 343 common pool
vessels, that generated gross sales from any species. 305 sector
vessels, and 145 common pool vessels, generated gross sales from
groundfish species. No individual vessel generated gross sales in
excess of $4 million. Therefore, using individual vessels as the
regulated entity, all regulated entities are considered small, and
there are no disproportional impacts between small and large entities.
Mean gross sales of fish for vessels enrolled in the sector program
were $299.9K, and $138.1K for common pool vessels. This proposed action
is expected to reduce mean gross sales of fish by 33 percent for sector
vessels; mean gross sales of fish are predicted to be $200.1K. Mean
gross sales for common pool vessels are expected to decline to $132.6K,
which is less than a 5-percent decline.
Mean gross sales for limited access scallop vessels are
approximately $1 million, and are approximately $80,000 for general
category scallop vessels. The
[[Page 18191]]
statistical areas with the highest catch rates of GB yellowtail
flounder are 562 and 525. If the proposed action caused a closure of
one or both of these areas beginning on March 1, 2013, fishing effort
by scallop vessels would be displaced to other locations, primarily the
Mid-Atlantic region. Since more than 75 percent of revenues from the
Atlantic sea scallop fishery come from statistical areas south of
Georges Bank, the impact of a closure in statistical areas 562 or 525
are difficult to anticipate. In addition, during FY 2010, less than 1
percent of total revenues in the scallop fishery came from the
statistical areas potentially affected by the proposed action. There
were no access area trips taken in the scallop fishery during this
time. Opening of portions of statistical area 562 to access area trips
could increase the probability of triggering an AM for the scallop
fishery and could increase the potential for adverse regulatory impacts
to lost access area trips or displaced fishing effort. However, the
effect on profitability is likely to be minimal, and because all
participating vessels are deemed to be small regulated entities, there
are no disproportional impacts.
The primary impact of the proposed action is associated with
setting ACLs, which includes specification of sub-ACLs of GB and GOM
haddock to the Atlantic herring fishery. Because this action decreases
the ABCs for GB and GOM haddock, Atlantic herring vessels are
potentially affected by this action. In calendar year 2010, 90 vessels
were issued a limited access herring permit and two vessels exceeded $4
million in sales. Approximately 17 percent of the haddock ABCs were
landed in FY 2010, and similar utilization of the available quota is
expected under the proposed action. Therefore, vessels participating in
the Atlantic herring fishery are not expected to be affected by this
action.
Of the affected entities under the proposed action, only groundfish
sectors and vessels are anticipated to be significantly adversely
affected. Due to conservation needs, the proposed action would
significantly reduce short-term profits for regulated small entities
relative to the baseline period. Regulated small sector entities are
estimated to be more adversely impacted by the proposed action than
large sector entities. Gross sales for small sector entities would be
reduced by 63 percent, and gross sales for large entities would be
reduced by 30 percent. These are short-term impacts. In addition,
reductions in fishing opportunities due to GOM cod and GB yellowtail
flounder sub-ACLs are necessary to ensure rebuilding of these stocks.
The ability to lease quota between sectors and consolidate quota within
sectors will help mitigate the adverse effect on profitability. In
addition, proposed exemptions included in the 2012 sector rule are
expected to mitigate impacts as described in the IRFA prepared for the
proposed action. However, using sectors as the regulated entities, the
proposed action is likely to have a significant impact on regulated
small sector entities under the disproportionality criteria. This
analysis was based in part on anticipated decreases in the GOM cod
catch limits for FY 2012-2014 that were initially proposed as part of
this action. However, Framework 47 no longer proposes to set the GOM
cod catch limits for FY 2012-2014, as explained in the preamble, and
therefore, the expected impacts of this proposed action on regulated
small entities are likely to be less.
Economic Impacts of the Proposed Action and Alternatives
The economic impacts of each proposed measure are discussed in more
detail in Sections 7.4 and 8.11 of the Framework 47 EA and are
summarized below. These analyses use the individual vessel to estimate
economic impacts, except as previously described. The proposed ABCs and
ACLs are the greatest contributing factor to the economic impacts of
the proposed action, particularly the ABCs and ACLs for GOM cod and GB
yellowtail flounder. A range of possible ABCs for GOM cod was analyzed,
and at the low end, the economic impacts are expected to be severe and
negative. The economic impacts of the other proposed measures on the
groundfish fishery are less severe. Although these measures could have
some negative impacts in the short-term, these measures would have
long-term benefits to the fishery.
Revised Status Determination Criteria and GB Yellowtail Flounder
Rebuilding Program
Economic impacts of the proposed revisions to the status
determination criteria for the three winter flounder stocks and GOM cod
primarily occur through the affect these changes have on setting the
OFLs, ABCs, and ACLs based on these criteria. Over the long-term, the
proposed status determination criteria provide a limit on the potential
harvest from the fishery. The proposed MSY values are higher for GB and
SNE/MA winter flounder than the current MSY values considered in the no
action alternative, which would result in potential revenues of $9.6
million more than the no action alternative. The rebuilding programs
for these two stocks would determine how much of this additional
revenue would be realized in the fishery.
Economic impacts of the proposed revision to the rebuilding period
for GB yellowtail flounder would also occur through the affect these
changes would have on setting the specifications each year for this
stock. The economic impact of the various rebuilding strategies for GB
yellowtail flounder was estimated by calculating the net present value
of the potential revenue streams that would occur under each strategy.
The proposed strategy to rebuild by 2032 would result in a mean net
present value of $234 million, which is approximately 5 percent more
than the alternative to rebuild the stock by 2023. The proposed action
would also result in much larger returns than the no action
alternative, which is scheduled to rebuild the stock by 2016. The no
action alternative would constrain scallop fishery on Georges Bank, and
may also prevent sector vessels from fishing in the GB yellowtail
flounder stock area. Thus, the no action alternative would result in
large revenue reductions for the groundfish fishery and the scallop
fishery.
Annual Catch Limits
The total potential groundfish revenue of the proposed
specifications is estimated to be approximately $61.1 million. This is
approximately a 25-percent reduction from the gross groundfish revenues
in FY 2010, and a 50-percent reduction from the no action alternative.
GOM cod is the constraining stock under this proposed action. The
proposed action would allow sustained catches of other GOM stocks,
including plaice and witch flounder. In addition, estimates of gross
groundfish revenue that were only 25 percent lower than FY 2010 are a
result of a likely shift in the fishery to avoid cod and maximize
revenues from other stocks. Catch rates could also increase as stocks
rebuild, which would make these estimates conservative.
The proposed action would have a negative economic impact across
all size classes, gear types, and nearly all hailing ports. Chatham,
MA, would be expected to maintain its revenue from groundfish, and
groundfish revenues in Boston, MA, would decline by less than 25
percent. New Hampshire would lose over 90 percent of its gross
groundfish revenues. Massachusetts would lose 33 percent of its gross
revenues under the proposed action. However, Gloucester, MA, would
likely have more than a 40-percent reduction in gross groundfish
revenue. The 30-50 ft (9.1-15.2 m)
[[Page 18192]]
vessel size class would likely be the most adversely affected as the
fishery shifts from the nearshore areas west of the Western GOM Closed
Area to deeper waters farther east. Analysis also indicates that
gillnet would be the most negatively affected gear type. Under this
action, GOM cod is the constraining stock, and most of the lost
groundfish revenues estimated are a result of low GOM cod catch limits.
However, because this action no longer proposes to set the GOM cod
catch limits for FY 2012-2014, the potential revenue would likely be
higher than initially estimated, which would result in less of a
reduction from the FY 2010 gross groundfish revenues.
The no action alternative would set the specifications for FY 2012
as previously adopted by Framework 44 and Framework 45. No
specifications would be adopted for FY 2013-2014, with the exception of
pollock. FY 2013-2014 specifications for pollock were adopted by
Framework 45. The no action alternative, which is the only other
alternative considered, would generate the highest groundfish revenue
($114 million), and would likely have positive net benefits relative to
FY 2010 across all hailing ports and states, with the exception of
Rhode Island, which may lose 30 percent of gross revenues.
U.S./Canada Management Area TACs
Revenues from the FY 2012 proposed TACs for the U.S./Canada
Management Area were estimated using two catch scenarios. In the first
scenario, total landings in FY 2012 were assumed to be 75 percent of
the TAC for Eastern GB cod and GB yellowtail flounder and 15 percent of
the TAC for Eastern GB haddock. Under this catch scenario, estimated
revenues from the U.S./Canada Management Area are between 46 and 57
percent lower than FY 2010 revenues. However, because the FY 2012 TACs
are lower, a larger proportion of the TAC may be caught in FY 2012. In
the second scenario, total landings in FY 2012 were assumed to be 100
percent of the Eastern GB cod and GB yellowtail flounder TAC and 30
percent of the Eastern GB haddock TAC. The estimated revenues are
greater for all stocks in this scenario compared to the first scenario,
and are 42 percent and 28 percent lower than FY 2010 for Eastern GB cod
and GB yellowtail flounder, respectively. If more of the U.S. TAC for
Eastern GB haddock is caught, revenues would increase by approximately
3 percent compared to FY 2010. The no action alternative would not
specify TACs for the U.S./Canada Management Area. In comparison to the
no action alternative, the proposed action would have short-term
positive economic impacts.
In addition, because the FY 2012 TACs are lower than the FY 2011
TACs, the proposed action would likely result in reduced overall
revenue from the U.S./Canada Management Area. This reduced revenue
would be due to both the decrease in potential landings of Eastern GB
cod and GB yellowtail flounder, as well as a loss of revenue from other
stocks caught on trips to the Eastern U.S./Canada Area if vessels lose
access to this area when a pertinent TAC is projected to be caught.
Although the Eastern GB haddock TAC will not limit haddock catch,
access to haddock may be impacted by the reduced FY 2012 TACs for
Eastern GB cod and GB yellowtail flounder. Reductions in revenue could
be mitigated if vessels are able to minimize the catch of Eastern GB
cod and maximize the catch of Eastern GB haddock.
Different impacts would likely be realized by common pool and
sector vessels due to the nature of the operations of such groups and
applicable regulations. Unlike vessels operating within the same
sector, the common pool is unable to actively coordinate fishing
operations to maximize fishing revenue based upon resource availability
and market price. Therefore, impacts on common pool vessels will be
dependent upon the overall rate at which available TACs are caught, and
whether any responsive measures necessary to prevent such TACs from
being exceeded are triggered. Further, once the available ACE for a
particular stock is caught, sectors must cease fishing operations in
the entire stock area unless they lease in additional ACE for the
pertinent stock. In contrast, while common pool vessels may be subject
to more restrictive DAS or trip limits in a particular area, they could
continue to fish in the Western U.S./Canada Area even after the GB
yellowtail flounder TAC is caught, provided they do not retain any GB
yellowtail flounder.
The other alternative considered, the no action alternative, would
result in decreased revenue in FY 2012 as a result of no TACs being
specified for the U.S./Canada Management Area. Due to limited fishing
opportunities under this alternative, the long-term economic impacts
would likely be negative compared to the proposed action. However,
stock rebuilding could occur more quickly under this alternative, and
the associated revenue resulting from an increasing stock size would
likely provide long-term economic impacts.
Common Pool Restricted Gear Areas
The proposed action to remove the Western GB Multispecies and SNE
Multispecies RGAs would be expected to increase revenues for common
pool vessels when compared to the no action alternative. Removals of
these RGAs would likely increase the common pool landings of SNE/MA
yellowtail flounder. In FY 2010, only 26 percent of the common pool
sub-ACL for this stock was caught. Based on this percentage of catch,
and the SNE/MA yellowtail flounder ACLs proposed in this action,
removing the RGAs would result in increased landings of this stock by
129 mt. These increased landings are estimated at $370,000. In
addition, removal of the RGAs may reduce costs for common pool vessels
because vessel operators would not be required to purchase selective
gear to fish in these areas.
The no action alternative would restrict revenue for common pool
vessels because the requirement to use selective gear would make
fishing by common pool vessels less efficient. Under this alternative,
common pool catch of stocks in Southern New England would be
restricted, which may prevent the common pool from utilizing more of
its available quota. This alternative may also increase costs for
common pool vessels if the vessel must purchase selective gear to fish
in the RGAs.
Accountability Measures
The economic impacts of the revisions to the AMs for windowpane
flounder, ocean pout, Atlantic halibut, Atlantic wolffish, and SNE/MA
winter flounder were analyzed by estimating changes in fishing vessel
revenue that would occur if the proposed AM was triggered. The small AM
areas for northern and southern windowpane flounder and ocean pout
account for approximately $7 million of total revenue by groundfish
vessels fishing in these areas. Only a portion of these revenues would
be affected by this proposed AM because vessels could still fish inside
these areas with selective gear. Catch data indicate that the
composition of the catch inside these proposed AM areas would change
substantially with the use of selective gear. Selective gear inside the
AM areas catch a higher proportion of haddock and a lower proportion of
flatfish relative to traditional trawl gears. Average revenues per tow
for selective gears in this area were approximately 31 percent higher
than the revenues per tow using traditional trawl gears. Depending on
the profitability of other
[[Page 18193]]
fishing options, vessels may also elect to fish in other areas rather
than fish inside the AM area with selective gear. Given the relatively
small size of these proposed AM areas, additional trip costs for
fishing in other areas are likely negligible.
The large AM areas proposed for northern and southern windowpane
flounder and ocean pout account for approximately $15 million of total
revenue by groundfish vessels fishing in these areas. Approximately 75
percent of these revenues come from New Bedford, MA, and $1.7 million
comes from Point Judith, RI. Similar to the small AM areas proposed,
use of selective gears inside the large AM areas would substantially
change the composition of catch and likely result in higher proportions
of haddock caught and lower proportions of flatfish catch relative to
traditional trawl gears. Revenues affected by these AM areas could
likely be recovered by using selective gear or fishing in other areas.
Overall, the proposed AM for northern and southern windowpane
flounder and ocean pout would result in negative economic impacts
compared to the no action alternative. This AM would affect fishing
behavior and apply to all commercial groundfish vessels. Under this
proposed measure, fishermen would have to alter their behavior, which
could impose additional costs. The greatest economic impact could
reduce revenues by $15 million if the large AM areas are implemented
simultaneously due to an overage of the total ACL for both stocks of
windowpane flounder, or if the total ACL is exceeded for ocean pout.
The proposed AM for Atlantic halibut would prohibit possession in
year 3 if the total ACL is exceeded in year 1. The maximum revenue loss
from this proposed AM would be the value of the ACL during year 3. In
FY 2012-2014, the groundfish sub-ACL is 36 mt, which would result in
approximately $400,000 in groundfish revenues. This revenue loss is
greater than in the no action alternative because the AM would apply to
sector and common pool vessels. The proposed AM for Atlantic wolffish
and SNE/MA winter flounder would maintain the prohibition on possession
for these two stocks. Because possession of these two stocks is
currently prohibited, this proposed measure would not be expected to
result in any revenue loss.
The no action alternative for Atlantic wolffish and SNE/MA winter
flounder would require closure of statistical areas to common pool
vessels if sector and common pool catch exceeded the common pool sub-
ACL for these stocks. This could lead to derby effects since fishing
activity would be constrained if the AM is triggered. The no action
alternative for Atlantic halibut would require adjustment to trip
limits for common pool vessels. Since the current possession limit is
one fish per day, the only possible trip limit adjustment would be to
decrease the possession limit to zero, and prohibit possession of this
stock. Common pool revenues could be reduced by $25,000 compared to FY
2010 if possession of this stock was prohibited. The no action
alternatives for windowpane flounder and ocean pout are expected to
have no economic impacts because possession of these stocks is already
prohibited.
Removal of Cap on Yellowtail Flounder Catch in GB Scallop Access Areas
This proposed measure would not be expected to have any economic
impacts on the groundfish fishery. Elimination of the 10-percent
yellowtail flounder access area caps would reduce the incentive for
derby fishing, and would likely have positive impacts on the scallop
fishery compared to the no action alternative. However, removing the
10-percent access area caps could increase the risk for the scallop
fishery to exceed its sub-ACL for yellowtail flounder if the scallop
fishery catches more yellowtail flounder in the access areas than
projected. This would trigger the scallop fishery AMs, which would
restrict fishing, reduce scallop landings, and increase fishing costs.
The no action alternative would increase the incentive for derby
fishing and may have negative impacts on the scallop fishery. Some of
these negative impacts could be mitigated because vessels can transfer
unused access area trips to open areas if an access area closes.
Implementation of the Scallop Fishery AM
The proposed revisions to the implementation of the scallop fishery
AM would not be expected to have any economic impacts on the groundfish
fishery. The proposed revision would have a positive economic impact on
the scallop fishery because the scallop fishery AMs would not be
triggered if less than 150 percent of the scallop fishery sub-ACL for
GB and SNE/MA yellowtail flounder is caught, or if the total ACL is not
exceeded. This would prevent effort shifts to less optimal areas by
scallop vessels, as well as effort shifts into seasons with lower meat
weights for scallops. The no action alternative would not modify the
trigger for the scallop fishery AM, and the pertinent AM would be
triggered if the scallop fishery exceeds its sub-ACL by 1 percent or
more. The proposed measure would minimize negative economic impacts to
the scallop fishery compared to the no action alternative and would
prevent the loss of scallop landings, revenues, and increased fishing
costs that would result under the no action alternative.
Inseason Re-Estimation of Scallop Fishery GB Yellowtail Flounder Sub-
ACL
The proposed measure would have positive economic benefits for the
groundfish fishery. These benefits would only occur in years when the
scallop fishery is not projected to catch its initial sub-ACL, and the
groundfish sub-ACL is increased mid-fishing year. When additional quota
is made available to the groundfish fishery, revenues for the
groundfish fishery would be expected to increase if groundfish vessels
are able to catch additional GB yellowtail flounder. However, compared
to the no action alternative, this measure could have negative impacts
if the inseason re-estimation of projected yellowtail flounder catch by
the scallop fishery is incorrect. If the scallop fishery sub-ACL is
reduced in error, and subsequently the groundfish sub-ACL is increased,
total catch of GB yellowtail flounder could exceed the U.S. TAC. Any
overage of the U.S. TAC for GB yellowtail is deducted from the
following year's TAC. Because the allocation of GB yellowtail flounder
is set in advance, and does not vary with changes to the overall TAC,
the catch available to the groundfish fishery would be reduced.
The no action alternative would not provide a mechanism to re-
estimate the scallop fishery GB yellowtail flounder sub-ACL mid-fishing
year and adjust the groundfish fishery sub-ACL. The no action
alternative would have negative impacts on the scallop fishery if a
yellowtail flounder AM is triggered and effort shifts to areas and
seasons with lower scallop catch rates and meat weights. This could
increase fishing costs as scallop vessels fish in less optimal areas,
and scallop revenues would decline. The current AM trigger for the
scallop fishery would result in lower profits, lower crew incomes, and
less economic benefits than the proposed action.
Regulatory Changes Not Included in Framework 47
There are several changes proposed in this rule that are considered
to be mostly administrative in nature and do not affect individual
vessel operations that would result in any economic impact to regulated
entities. These changes include modifying the
[[Page 18194]]
definition of the Ruhle trawl, reinserting text defining stock areas
applicable to sector vessels, revising the methodology used to
attribute fillets, fish parts, and fish landed for at-home consumption
to the pertinent ACL, and clarifying the regulations for charter/party
and recreational groundfish vessels fishing in groundfish closed areas.
This proposed change to the at-home consumption conversion factors
would implement a more precise method using species-specific conversion
factors, which would be expected to have positive impacts on the
fishery due to improved quota monitoring. In addition, this rule
proposes to broaden the definition of the Ruhle trawl to include the
mid-size Eliminator trawl Ruhle trawl for use in the Regular B DAS
Program and the Eastern U.S./Canada Haddock SAP. This proposed revision
would provide more flexibility for the groundfish fishery in the use of
trawl gear that minimizes catch of stocks of concern. The additional
exempted gear option would provide vessels a choice of the most cost-
effective means of targeting healthy stocks. Vessels choosing to use
the mid-size Eliminator trawl would incur the purchase cost of the
gear.
Measures Proposed To Mitigate Adverse Economic Impacts of the Proposed
Action
During the development of Framework 47, NMFS and the Council
considered ways to reduce the regulatory burden on, and provide
flexibility for, the regulated entities in this proposed action.
Proposed actions and alternatives are described in detail in Framework
47, which includes an EA, RIR, and IRFA (available at ADDRESSES). The
proposed action contains several measures that would provide small
entities with some ability to offset at least some portion of the
estimated economic impacts associated with the proposed measures. The
delay in the implementation of the area-based AMs for windowpane
flounder and ocean pout will give fishermen time to plan their fishing
operations in order to mitigate the economic impacts of this proposed
measure. In addition, the proposed removal of the Western GB and SNE
Multispecies RGAs for common pool vessels would also mitigate the
economic impacts of the proposed action by allowing common pool vessels
more flexibility to catch the pertinent sub-ACLs, as well as reducing
the potential costs of fishing in these areas with selective gear. In
addition, the re-estimation of the GB yellowtail flounder sub-ACL would
help mitigate adverse economic impacts of the proposed action by
allowing increased landings of this stock by the groundfish fishery.
These increased landings would be expected to increase revenues for the
groundfish fishery. In addition, proposed exemptions for sector vessels
in the 2012 sector rule could also mitigate negative impacts of this
proposed action.
Eliminating the cap on yellowtail flounder catch in the Nantucket,
Closed Area I, and Closed Area II Sea Scallop Access Areas would reduce
the incentive for derby fishing in the access areas, which would have
positive impacts for scallop vessels. The revision to the scallop
fishery AM trigger would also be expected to have positive impacts on
the scallop fishery. This measure would prevent effort shifts to less
optimal areas and seasons with lower scallop meat weights and would
minimize reduced scallop revenues and increased fishing costs.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of the Proposed Rule
This action contains no new collection-of-information, reporting,
or recordkeeping requirements. This action does not duplicate, overlap,
or conflict with any other Federal law.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 19, 2012.
Samuel D. Rauch III,
Acting Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
1. The authority citation for part 648 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 648.14,
a. Remove and reserve paragraphs (i)(2)(vi)(B), (i)(2)(vi)(C), and
(i)(3)(v)(C);
b. Remove paragraph (k)(7)(i)(C)(4); and
c. Revise paragraph (k)(13)(ii)(B) and add paragraph (k)(20) to
read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(k) * * *
(13) * * *
(ii) * * *
(B) Possess or land per trip more than the possession or landing
limits specified in Sec. 648.86(a), (b), (c), (e), (g), (h), (j), (l),
(m), (n), and (o); Sec. 648.82(b)(5) and (6); Sec. 648.85; or Sec.
648.88, if the vessel has been issued a limited access NE multispecies
permit or open access NE multispecies permit, as applicable.
* * * * *
(20) AMs for both stocks of windowpane flounder and ocean pout. It
is unlawful for any person, including any owner or operator of a vessel
issued a valid Federal NE multispecies permit or letter under Sec.
648.4(a)(1)(i), unless otherwise specified in Sec. 648.17, to fail to
comply with the restrictions on fishing and gear specified in Sec.
648.90(a)(D).
5. In Sec. 648.60, paragraphs (a)(5)(ii)(C)(1) and
(a)(5)(ii)(C)(3) are removed and reserved, and paragraph (g)(1) is
revised to read as follows:
Sec. 648.60 Sea scallop area access program requirements.
* * * * *
(g) * * * (1) An LAGC scallop vessel may only fish in the scallop
access areas specified in Sec. 648.59(a) through (e), subject to the
seasonal restrictions specified in Sec. 648.59(b)(4), (c)(4), and
(d)(4), and subject to the possession limit specified in Sec.
648.52(a), and provided the vessel complies with the requirements
specified in paragraphs (a)(1), (a)(2), (a)(6) through (a)(9), (d),
(e), (f), and (g) of this section. A vessel issued both a NE
multispecies permit and an LAGC scallop permit may fish in an approved
SAP under Sec. 648.85 and under multispecies DAS in the Closed Area I,
Closed Area II, and Nantucket Lightship Sea Scallop Access Areas
specified in Sec. 648.59(b) through (d), provided the vessel complies
with the requirements specified in Sec. 648.59(b)(5)(ii), (c)(5)(ii),
and (d)(5)(ii), and this paragraph (g), but may not fish for, possess,
or land scallops on such trips.
* * * * *
6. In Sec. 648.64, the introductory text of paragraph (a) and
paragraphs (b)(1) and (c)(1) are revised to read as follows:
Sec. 648.64 Yellowtail flounder sub-ACLs and AMs for the scallop
fishery.
(a) As specified in Sec. 648.55(d), and pursuant to the biennial
framework adjustment process specified in Sec. 648.90, the scallop
fishery shall be allocated a sub-ACL for the Georges Bank and Southern
New England/Mid-Atlantic stocks of yellowtail flounder. Unless
otherwise specified in Sec. 648.90(a)(4)(iii)(C) of the NE
multispecies regulations, the sub-ACLs for the 2011 through 2013
fishing years are as follows:
* * * * *
(b) * * * (1) Unless otherwise specified in Sec. 648.90(a)(5)(iv)
of the NE
[[Page 18195]]
multispecies regulations, if the Georges Bank yellowtail flounder sub-
ACL for the scallop fishery is exceeded, the area defined by the
following coordinates shall be closed to scallop fishing by vessels
issued a limited access scallop permit for the period of time specified
in paragraph (b)(2) of this section:
Georges Bank Yellowtail Closure
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
GBYT AM 1...................... 41[deg]50' 66[deg]51.94'
GBYT AM 2...................... 40[deg]30.75' 65[deg]44.96'
GBYT AM 3...................... 40[deg]30' 66[deg]40'
GBYT AM 4...................... 40[deg]40' 66[deg]40'
GBYT AM 5...................... 40[deg]40' 66[deg]50'
GBYT AM 6...................... 40[deg]50' 66[deg]50'
GBYT AM 7...................... 40[deg]50' 67[deg]00'
GBYT AM 8...................... 41[deg]00' 67[deg]00'
GBYT AM 9...................... 41[deg]00' 67[deg]20'
GBYT AM 10..................... 41[deg]10' 67[deg]20'
GBYT AM 11..................... 41[deg]10' 67[deg]40'
GBYT AM 12..................... 41[deg]50' 67[deg]40'
GBYT AM 1...................... 41[deg]50' 66[deg]51.94'
------------------------------------------------------------------------
* * * * *
(c) * * * (1) Unless otherwise specified in Sec. 648.90(a)(5)(iv)
of the NE multispecies regulations, if the Southern New England/Mid-
Atlantic yellowtail flounder sub-ACL for the scallop fishery is
exceeded, the area defined by the following coordinates shall be closed
to scallop fishing by vessels issued a limited access scallop permit
for the period of time specified in paragraph (c)(2) of this section:
Southern New England Yellowtail Closure
------------------------------------------------------------------------
Point N. lat. W. long.
------------------------------------------------------------------------
SNEYT AM 1..................... 41[deg]28.4' 71[deg]10.25'
SNEYT AM 2..................... 41[deg]28.57' 71[deg]10'
SNEYT AM 3..................... 41[deg]20' 71[deg]10'
SNEYT AM 4..................... 41[deg]20' 70[deg]50'
SNEYT AM 5..................... 41[deg]20' 70[deg]30'
SNEYT AM 6..................... 41[deg]18' 70[deg]15'
SNEYT AM 7..................... 41[deg]17.69' 70[deg]12.54'
SNEYT AM 8..................... 41[deg]14.73' 70[deg]00'
SNEYT AM 9..................... 39[deg]50' 70[deg]00'
SNEYT AM 10.................... 39[deg]50' 71[deg]00'
SNEYT AM 11.................... 39[deg]50' 71[deg]40'
SNEYT AM 12.................... 40[deg]00' 71[deg]40'
SNEYT AM 13.................... 40[deg]00' 73[deg]00'
SNEYT AM 14.................... 40[deg]41.23' 73[deg]00'
SNEYT AM 15.................... 41[deg]00' 71[deg]55'
SNEYT AM 16.................... 41[deg]00' 71[deg]40'
SNEYT AM 17.................... 41[deg]20' 71[deg]40'
SNEYT AM 18.................... 41[deg]21.15' 71[deg]40'
------------------------------------------------------------------------
* * * * *
7. In Sec. 648.81, revise paragraphs (c)(2)(ii)(B),
(f)(2)(iii)(B), and (n), and remove paragraph (o) to read as follows:
Sec. 648.81 NE multispecies closed areas and measures to protect EFH.
* * * * *
(c) * * *
(2) * * *
(ii) * * *
(B) Fish species managed by the NEFMC or MAFMC that are harvested
or possessed by the vessel, are not sold or intended for trade, barter
or sale, regardless of where the fish are caught; and
* * * * *
(f) * * *
(2) * * *
(iii) * * *
(B) Fish species managed by the NEFMC or MAFMC that are harvested
or possessed by the vessel, are not sold or intended for trade, barter
or sale, regardless of where the fish are caught; and
* * * * *
(n) GOM Cod Spawning Protection Area. (1) Except as specified in
paragraph (o)(2) of this section, from April through June of each year,
no fishing vessel or person on a fishing vessel may enter, fish in, or
be in; and no fishing gear capable of catching NE multispecies may be
used on, or be on board, a vessel in the GOM Cod Spawning Protection
Area, as defined by straight lines connecting the following points in
the order stated (a chart depicting this area is available from the RA
upon request):
GOM Cod Spawning Protection Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
CSPA1.......................... 42[deg]50.95' 70[deg]32.22'
[[Page 18196]]
CSPA2.......................... 42[deg]47.65' 70[deg]35.64'
CSPA3.......................... 42[deg]54.91' 70[deg]41.88'
CSPA4.......................... 42[deg]58.27' 70[deg]38.64'
CSPA1.......................... 42[deg]50.95' 70[deg]32.22'
------------------------------------------------------------------------
(2) Paragraph (n)(1) of this section does not apply to persons on
a fishing vessel or fishing vessels:
(i) That have not been issued a NE multispecies permit and that are
fishing exclusively in state waters;
(ii) That are fishing with or using exempted gear as defined under
this part, excluding pelagic gillnet gear capable of catching NE
multispecies, except for vessels fishing with a single pelagic gillnet
not longer than 300 ft (91.4 m) and not greater than 6 ft (1.83 m)
deep, with a maximum mesh size of 3 inches (7.6 cm), provided:
(A) The net is attached to the vessel and fished in the upper two-
thirds of the water column;
(B) The net is marked with the vessel owner's name and vessel
identification number;
(C) There is no retention of regulated species or ocean pout; and
(D) There is no other gear on board capable of catching NE
multispecies;
(iii) That are fishing as a charter/party or recreational fishing
vessel, provided that:
(A) With the exception of tuna, fish harvested or possessed by the
vessel are not sold or intended for trade, barter, or sale, regardless
where the species are caught;
(B) The vessel has no gear other than pelagic hook and line gear,
as defined in this part, on board unless that gear is properly stowed
pursuant to Sec. 648.23(b); and
(C) There is no retention of regulated species, or ocean pout; and
(iv) That are transiting pursuant to paragraph (i) of this section.
8. In Sec. 648.82,
a. Remove paragraphs (n)(2)(ii)(O) and (n)(2)(ii)(P)
b. Revise paragraphs (n)(2)(i)(A), (n)(2)(ii) introductory text,
and (n)(2)(ii)(L) through (n)(2)(ii)(N):
Sec. 648.82 Effort-control program for NE multispecies limited access
vessels.
* * * * *
(n) * * *
(2) * * *
(i) Trimester TACs. (A) Trimester TAC distribution. Any sub-ACLs
specified for common pool vessels pursuant to Sec. 648.90(a)(4) shall
be apportioned into trimesters of 4 months in duration, beginning at
the start of the fishing year (i.e., Trimester 1: May 1-August 31;
Trimester 2: September 1-December 31; Trimester 3: January 1-April 30),
as follows):
Portion of Common Pool Sub-ACLs Apportioned to Each Stock for Each
Trimester
------------------------------------------------------------------------
Trimester 1 Trimester 2 Trimester 3
Stock (percent) (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
Witch Flounder................... 27 31 42
American Plaice.................. 24 36 40
Pollock.......................... 28 35 37
Redfish.......................... 25 31 44
White Hake....................... 38 31 31
------------------------------------------------------------------------
* * * * *
(ii) Stock area closures. If the Regional Administrator projects
that 90 percent of the trimester TACs specified in paragraph (n)(2)(i)
of this section will be caught based upon available information, the
Regional Administrator shall close the area where 90 percent of the
catch for each such stock occurred, according to available VTR data and
other information, to all common pool vessels using gear capable of
catching such stocks for the remainder of that trimester, as specified
in paragraphs (n)(2)(ii)(A) through (P) of this section, in a manner
consistent with the Administrative Procedure Act. For example, if the
Regional Administrator projects that 90 percent of the CC/GOM
yellowtail flounder Trimester 1 TAC will be caught, common pool vessels
using trawl and gillnet gear shall be prohibited from fishing in the
CC/GOM Yellowtail Flounder Closure Area specified in paragraph
(n)(2)(ii)(G) of this section until the beginning of Trimester 2 on
September 1 of that fishing year. Based upon all available information,
the Regional Administrator is authorized to expand or narrow the areas
closed under this paragraph (n)(2)(ii) in a manner consistent with the
Administrative Procedure Act. If it is not possible to identify an area
where only 90 percent of the catch occurred, the Regional Administrator
shall close the smallest area possible where greater than 90 percent of
the catch occurred.
* * * * *
(L) Redfish Trimester TAC Area. For the purposes of the trimester
TAC AM closure specified in paragraph (n)(2)(ii) of this section, the
Redfish Trimester TAC Area shall apply to common pool vessels using
trawl gear within the area bounded by straight lines connecting the
following points in the order stated:
[[Page 18197]]
Redfish Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
RF1............................ (\1\) 69[deg]20'
RF2............................ 43[deg]40' 69[deg]20'
RF3............................ 43[deg]40' 69[deg]00'
RF4............................ 43[deg]20' 69[deg]00'
RF5............................ 43[deg]20' 67[deg]40'
RF6............................ (\2\) 67[deg]40'
RF7............................ 42[deg]53.1' 67[deg]44.4'
RF8............................ (\2\) 67[deg]40'
RF9............................ 41[deg]20' 67[deg] 40'
RF10........................... 41[deg]20' 68[deg]10'
RF11........................... 41[deg]10' 68[deg]10'
RF12........................... 41[deg]10' 68[deg]20'
RF13........................... 41[deg]00' 68[deg]20'
RF14........................... 41[deg]00' 69[deg]30'
RF15........................... 41[deg]10' 69[deg]30'
RF16........................... 41[deg]10' 69[deg]50'
RF17........................... 41[deg]20' 69[deg]50'
RF18........................... 41[deg]20' (\3\)
RF19........................... (\4\) 70[deg]00'
RF20........................... (\5\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.
(M) White Hake Trimester TAC Area. For the purposes of the
trimester TAC AM closure specified in paragraph (n)(2)(ii) of this
section, the White Hake Trimester TAC Area shall apply to common pool
vessels using trawl gear, sink gillnet gear, and longline/hook gear
within the area bounded by straight lines connecting the following
points in the order stated:
White Hake Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
RF1............................ (\1\) 69[deg]20'
RF2............................ 43[deg]40' 69[deg]20'
RF3............................ 43[deg]40' 69[deg]00'
RF4............................ 43[deg]20' 69[deg]00'
RF5............................ 43[deg]20' 67[deg]40'
RF6............................ (\2\) 67[deg]40'
RF7............................ 42[deg]53.1' 67[deg]44.4'
RF8............................ (\2\) 67[deg]40'
RF9............................ 41[deg]20' 67[deg]40'
RF10........................... 41[deg]20' 68[deg]10'
RF11........................... 41[deg]10' 68[deg]10'
RF12........................... 41[deg]10' 68[deg]20'
RF13........................... 41[deg]00' 68[deg]20'
RF14........................... 41[deg]00' 69[deg]30'
RF15........................... 41[deg]10' 69[deg]30'
RF16........................... 41[deg]10' 69[deg]50'
RF17........................... 41[deg]20' 69[deg]50'
RF18........................... 41[deg]20' (\3\)
RF19........................... (\4\) 70[deg]00'
RF20........................... (\5\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.
(N) Pollock Trimester TAC Area. For the purposes of the trimester
TAC AM closure specified in paragraph (n)(2)(ii) of this section, the
Pollock Trimester TAC Area shall apply to common pool vessels using
trawl gear, sink gillnet gear, and longline/hook gear within the area
bounded by straight lines connecting the following points in the order
stated:
[[Page 18198]]
Pollock Trimester TAC Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
RF1............................ (\1\) 69[deg]20'
RF2............................ 43[deg]40' 69[deg]20'
RF3............................ 43[deg]40' 69[deg]00'
RF4............................ 43[deg]20' 69[deg]00'
RF5............................ 43[deg]20' 67[deg]40'
RF6............................ (\2\) 67[deg]40'
RF7............................ 42[deg]53.1' 67[deg]44.4'
RF8............................ (\2\) 67[deg]40'
RF9............................ 41[deg]20' 67[deg]40'
RF10........................... 41[deg]20' 68[deg]10'
RF11........................... 41[deg]10' 68[deg]10'
RF12........................... 41[deg]10' 68[deg]20'
RF13........................... 41[deg]00' 68[deg]20'
RF14........................... 41[deg]00' 69[deg]30'
RF15........................... 41[deg]10' 69[deg]30'
RF16........................... 41[deg]10' 69[deg]50'
RF17........................... 41[deg]20' 69[deg]50'
RF18........................... 41[deg]20' (\3\)
RF19........................... (\4\) 70[deg]00'
RF20........................... (\5\) 70[deg]00'
------------------------------------------------------------------------
\1\ Intersection with ME shoreline.
\2\ U.S./Canada maritime boundary.
\3\ East-facing shoreline of Nantucket, MA.
\4\ North-facing shoreline of Nantucket, MA.
\5\ South-facing shoreline of Cape Cod, MA.
* * * * *
9. In Sec. 648.83 revise paragraph (b)(1) to read as follows:
Sec. 648.83 Multispecies minimum fish sizes.
* * * * *
(b) * * *(1) Each person aboard a vessel issued a NE multispecies
limited access permit and fishing under the NE multispecies DAS program
or on a sector trip may possess up to 25 lb (11.3 kg) of fillets that
measure less than the minimum size, if such fillets are from legal-
sized fish and are not offered or intended for sale, trade, or barter.
(i) For the purpose of determining compliance with common pool
possession limits, on board the vessel, and at the time of landing, as
specified at Sec. 648.86, the weight of fillets and parts of fish,
other than whole-gutted or gilled fish, shall be multiplied by 3.
(ii) For the purpose of accounting for all catch by sector vessels,
as specified at Sec. 648.87(b)(1)(v), the weight of all fillets and
parts of fish, other than whole-gutted or gilled fish reported for at-
home consumption, shall be multiplied by the conversion factors
provided in writing by the Regional Administrator.
(iii) For the purposes of accounting for all catch by common pool
vessels and monitoring sub-ACLs, the weight of all fillets and parts of
fish, other than whole-gutted or gilled fish reported for at-home
consumption shall be multiplied by the conversion factors provided in
writing by the Regional Administrator.
* * * * *
10. In Sec. 648.85,
a. Remove paragraphs (b)(6)(iv)(J)(3)(vi), (c)(1), (c)(2), and
(c)(3); and
b. Revise paragraphs (b)(5) and (b)(6)(iv)(J)(3)(i) through
(b)(6)(iv)(J)(3)(v) to read as follows:
Sec. 648.85 Special management programs.
* * * * *
(b) * * *
(5) Incidental Catch TACs. Unless otherwise specified in this
paragraph (b)(5), Incidental Catch TACs shall be based upon the portion
of the ACL for a stock specified for the common pool vessels pursuant
to Sec. 648.90(a)(4), and allocated as described in this paragraph
(b)(5), for each of the following stocks: GOM cod, GB cod, GB
yellowtail flounder, GB winter flounder, CC/GOM yellowtail flounder,
American plaice, white hake, SNE/MA yellowtail flounder, SNE/MA winter
flounder, and witch flounder. Because GB yellowtail flounder and GB cod
are transboundary stocks, the incidental catch TACs for these stocks
shall be based upon the common pool portion of the ACL available to
U.S. vessels. NMFS shall send letters to limited access NE multispecies
permit holders notifying them of such TACs.
(i) Stocks other than GB cod, GB yellowtail flounder, and GB winter
flounder. With the exception of GB cod, GB yellowtail flounder, and GB
winter flounder, 100 percent of the Incidental Catch TACs specified in
this paragraph (b)(5) shall be allocated to the Regular B DAS Program
described in paragraph (b)(6) of this section.
(ii) GB cod. The Incidental Catch TAC for GB cod specified in this
paragraph (b)(5) shall be subdivided as follows: 50 percent to the
Regular B DAS Program described in paragraph (b)(6) of this section; 16
percent to the CA I Hook Gear Haddock SAP described in paragraph (b)(7)
of this section; and 34 percent to the Eastern U.S./Canada Haddock SAP
described in paragraph (b)(8) of this section.
* * * * *
(6) * * *
(iv) * * *
(J) * * *
(3) * * *
(i) The net must be constructed with four seams (i.e., a net with a
top and bottom panel and two side panels), and include at least the
following net sections as depicted in Figure 1 of this part (this
figure is also available from the Administrator, Northeast Region): Top
jib, bottom jib, jib side panels (x 2), top wing, bottom wing, wing
side panels (x 2), bunt, square, square side panels (x 2), first top
belly, first bottom belly, first belly side panels (x 2), and second
bottom belly.
(ii) The top and bottom jibs, jib side panels, top and bottom
wings, and wing side panels, bunt, and first bottom belly (the first
bottom belly and all portions of the net in front of the first bottom
belly, with the exception of the square
[[Page 18199]]
and the square side panels) must be at least two meshes long in the
fore and aft direction. For these net sections, the stretched length of
any single mesh must be at least 7.9 ft (240 cm), measured in a
straight line from knot to knot.
(iii) Mesh size in all other sections must be consistent with mesh
size requirements specified under Sec. 648.80 and meet the following
minimum specifications: Each mesh in the square, square side panels,
and second bottom belly must be 31.5 inches (80 cm); each mesh in the
first top belly, and first belly side panels must be at least 7.9
inches (20 cm); and 6 inches (15.24 cm) or larger in sections following
the first top belly and second bottom belly sections, all the way to
the codend. The mesh size requirements of the top sections apply to the
side panel sections.
(iv) The trawl must have at least 15 meshes (240 cm each) at the
wide end of the first bottom belly, excluding the gore.
(v) The trawl must have a single or multiple kite panels with a
total surface area of at least 19.3 sq. ft. (1.8 sq. m) on the forward
end of the square to help maximize headrope height, for the purpose of
capturing rising fish. A kite panel is a flat structure, usually semi-
flexible, used to modify the shape of trawl and mesh openings by
providing lift when a trawl is moving through the water.
* * * * *
11. In Sec. 648.86, revise paragraph (c) to read as follows:
Sec. 648.86 NE Multispecies possession restrictions.
* * * * *
(c) Atlantic halibut. A vessel issued a NE multispecies permit
under Sec. 648.4(a)(1) may land or possess on board no more than one
Atlantic halibut per trip, provided the vessel complies with other
applicable provisions of this part, unless otherwise specified in Sec.
648.90(a)(5)(i)(D)(2).
12. In Sec. 648.87, revise paragraph (c)(2)(i) to read as follows:
Sec. 648.87. Sector allocation.
* * * * *
(c) * * *
(2) * * *
(i) Regulations that may not be exempted for sector participants.
The Regional Administrator may not exempt participants in a sector from
the following Federal fishing regulations: NE multispecies year-round
closure areas; permitting restrictions (e.g., vessel upgrades, etc.);
gear restrictions designed to minimize habitat impacts (e.g., roller
gear restrictions, etc.); reporting requirements; and AMs specified at
Sec. 648.90(a)(5)(i)(D). For the purposes of this paragraph (c)(2)(i),
the DAS reporting requirements specified at Sec. 648.82; the SAP-
specific reporting requirements specified at Sec. 648.85; and the
reporting requirements associated with a dockside monitoring program
specified in paragraph (b)(5)(i) of this section are not considered
reporting requirements, and the Regional Administrator may exempt
sector participants from these requirements as part of the approval of
yearly operations plans. This list may be modified through a framework
adjustment, as specified in Sec. 648.90.
* * * * *
13. In Sec. 648.89, revise paragraphs (e)(1) and (e)(3)(ii) to
read as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(e) Charter/party vessel restrictions on fishing in GOM closed
areas and the Nantucket Lightship Closed Area --(1) GOM Closed Areas.
Unless otherwise specified in this paragraph (e)(1), a vessel fishing
under charter/party regulations may not fish in the GOM closed areas
specified at Sec. 648.81(d)(1) through (f)(1) during the time periods
specified in those paragraphs, unless the vessel has on board a valid
letter of authorization issued by the Regional Administrator pursuant
to Sec. 648.81(f)(2)(iii) and paragraph (e)(3) of this section. The
conditions and restrictions of the letter of authorization must be
complied with for a minimum of 3 months if the vessel fishes or intends
to fish in the seasonal GOM closure areas; or for the rest of the
fishing year, beginning with the start of the participation period of
the letter of authorization, if the vessel fishes or intends to fish in
the year-round GOM closure areas. A vessel fishing under charter/party
regulations may not fish in the GOM Cod Spawning Protection Area
specified at Sec. 648.81(n)(1) during the time period specified in
that paragraph, unless the vessel complies with the requirements
specified at Sec. 648.81(n)(2)(iii).
* * * * *
(3) * * *
(ii) Fish species managed by the NEFMC or MAFMC that are harvested
or possessed by the vessel, are not sold or intended for trade, barter
or sale, regardless of where the fish are caught;
* * * * *
14. In Sec. 648.90, revise paragraph (a)(4)(iii)(C) and add
paragraphs (a)(5)(i)(D), (a)(5)(i)(E), and (a)(5)(iv) to read as
follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * * * *
(a) * * *
(4) * * *
(iii) * * *
(C) Yellowtail flounder catch by the Atlantic sea scallop fishery.
Yellowtail flounder catch in the Atlantic sea scallop fishery, as
defined in subpart D, shall be deducted from the ABC/ACL for each
yellowtail flounder stock pursuant to the restrictions specified in
subpart D of this part and the process to specify ABCs and ACLs, as
described in paragraph (a)(4) of this section. Unless otherwise
specified in this paragraph (a)(4)(iii)(C), or subpart D of this part,
the specific value of the sub-components of the ABC/ACL for each stock
of yellowtail flounder distributed to the Atlantic sea scallop fishery
shall be specified pursuant to the biennial adjustment process
specified in paragraph (a)(2) of this section. Based on information
available, NMFS shall re-estimate the expected scallop fishery catch of
GB yellowtail flounder for the current fishing year by January 15. If
NMFS determines that the scallop fishery will catch less than 90
percent of its GB yellowtail flounder sub-ACL, the Regional
Administrator may reduce the scallop fishery sub-ACL to the amount
projected to be caught, and increase the groundfish fishery sub-ACL by
any amount up to the amount reduced from the scallop fishery sub-ACL.
The revised groundfish fishery sub-ACL shall be distributed to the
common pool and sectors based on the process specified in paragraph
(a)(4)(E)(1) of this section.
* * * * *
(5) * * *
(i) * * *
(D) AMs for both stocks of windowpane flounder, ocean pout, and
Atlantic halibut. At the end of each fishing year, NMFS shall determine
if the overall ACL for northern windowpane flounder, southern
windowpane flounder, ocean pout, or Atlantic halibut was exceeded. If
the overall ACL for any of these stocks is exceeded, NMFS shall
implement the appropriate AM, as specified in this paragraph
(a)(5)(i)(D), in the second fishing year after the fishing year in
which the overage occurred, consistent with the Administrative
Procedure Act. For example, if NMFS determined the overall ACL for
northern windowpane flounder was exceeded in fishing year
[[Page 18200]]
2012, the applicable AM would be implemented for fishing year 2014.
(1) Windowpane flounder and ocean pout. If NMFS determines the
overall ACL for either stock of windowpane flounder or ocean pout is
exceeded, as described in this paragraph (a)(5)(i)(D)(1), by any amount
between the management uncertainty buffer and 20 percent, the
applicable small AM area for the stock shall be implemented, as
specified in paragraph (a)(5)(i)(D) of this section. If the overall ACL
is exceeded by 21 percent or more, the applicable large AM area for the
stock shall be implemented, as specified in paragraph (a)(5)(i)(D) of
this section. Any vessel issued a limited access NE multispecies permit
and fishing with trawl gear in these areas may only use a haddock
separator trawl, as specified in Sec. 648.85(a)(3)(iii)(A); a Ruhle
trawl, as specified in Sec. 648.85(b)(6)(iv)(J)(3); a rope separator
trawl, as specified in Sec. 648.81(n)(3)(i)(A); or any other gear
approved consistent with the process defined in Sec. 648.85(b)(6). If
a sub-ACL for either stock of windowpane flounder or ocean pout is
allocated to another fishery, consistent with the process specified at
Sec. 648.90(a)(4), and AMs are developed for that fishery, the
groundfish fishery AM shall only be implemented if the sub-ACL
allocated to the groundfish fishery is exceeded (i.e., the sector and
common pool catch for a particular stock, including the common pool's
share of any overage of the overall ACL caused by excessive catch by
other sub-components of the fishery pursuant to Sec. 648.90(a)(5)
exceeds the common pool sub-ACL) and the overall ACL is also exceeded.
Northern Windowpane Flounder and Ocean Pout Small AM Areas
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
NWS1........................... 41[deg]10' 67[deg]40'
NWS2........................... 41[deg]10' 67[deg]20'
NWS3........................... 41[deg]00' 67[deg]20'
NWS4........................... 41[deg]00' 67[deg]00'
NWS5........................... 40[deg]50' 67[deg]00'
NWS6........................... 40[deg]50' 67[deg]40'
------------------------------------------------------------------------
Northern Windowpane Flounder and Ocean Pout Large AM Areas
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
NWL1........................... 42[deg]10' 67[deg]40'
NWL2........................... 42[deg]10' 67[deg]20'
NWL3........................... 41[deg]00' 67[deg]20'
NWL4........................... 41[deg]00' 67[deg]00'
NWL5........................... 40[deg]50' 67[deg]00'
NWL6........................... 40[deg]50' 67[deg]40'
------------------------------------------------------------------------
Southern Windowpane Flounder and Ocean Pout Small AM Areas
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
SWS1........................... 41[deg]10' 71[deg]30'
SWS2........................... 41[deg]10' 71[deg]20'
SWS3........................... 40[deg]50' 71[deg]20'
SWS4........................... 50[deg]50' 71[deg]30'
------------------------------------------------------------------------
Southern Windowpane Flounder and Ocean Pout Large AM Areas
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
SWL1........................... 41[deg]10' 71[deg]50'
SWL2........................... 41[deg]10' 71[deg]10'
SWL3........................... 41[deg]00' 71[deg]10'
SWL4........................... 41[deg]00' 71[deg]20'
SWL5........................... 40[deg]50' 71[deg]20'
SWL6........................... 40[deg]50' 71[deg]50'
------------------------------------------------------------------------
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
SWL1........................... NY Coast 73[deg]30'
SWL2........................... 40[deg]30' 73[deg]30'
SWL3........................... 40[deg]30' 73[deg]50'
SWL4........................... 40[deg]20' 73[deg]50'
SWL5........................... NJ Coast 73[deg]50'
SWL6........................... NY Coast 73[deg]50'
------------------------------------------------------------------------
(2) Atlantic halibut. If NMFS determines the overall ACL is
exceeded for Atlantic halibut, any vessel issued a limited access NE
multispecies permit, an open access NE multispecies Handgear B permit,
an open access NE
[[Page 18201]]
multispecies Category K permit, or a limited access monkfish permit and
fishing under the monkfish Category C or D permit provisions, may not
fish for, possess, or land Atlantic halibut for the fishing year in
which the AM is implemented as specified in paragraph (a)(5)(i)(D) of
this section.
(E) AMs for SNE/MA winter flounder and Atlantic wolffish. A vessel
issued a limited access NE multispecies permit, an open access NE
multispecies Handgear B permit, an open access NE multispecies charter/
party permit, or a limited access monkfish permit and fishing under the
monkfish Category C or D permit provisions may not fish for, possess,
or land SNE/MA winter flounder, as specified in Sec. 648.86(l), as a
proactive AM to prevent the overall ACL for these stocks from being
exceeded.
* * * * *
(iv) AMs if the sub-ACL for the Atlantic sea scallop fishery is
exceeded. At the end of the scallop fishing year, NMFS shall evaluate
Atlantic sea scallop fishery catch to determine whether a scallop
fishery sub-ACL has been exceeded. On January 15, or when information
is available to make an accurate projection, NMFS will also determine
whether the overall ACL for each stock allocated to the scallop fishery
has been exceeded. When evaluating whether the overall ACL has been
exceeded, NMFS will add the maximum carryover available to sectors, as
specified at Sec. 648.87(b)(1)(i)(C), to the estimate of total catch
for the pertinent stock. If catch by scallop vessels exceeds the
pertinent sub-ACL specified in paragraph (a)(4)(iii)(C) of this section
by 50 percent or more, or if scallop catch exceeds the scallop fishery
sub-ACL and the overall ACL for that stock is also exceeded, then the
applicable scallop fishery AM shall take effect, as specified in Sec.
648.64 of the Atlantic sea scallop regulations.
* * * * *
[FR Doc. 2012-7075 Filed 3-26-12; 8:45 am]
BILLING CODE 3510-22-P
