Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Annual Catch Limits and Accountability Measures, 76759-76765 [2013-30133]
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Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations
recreational sector for red snapper from
exceeding its quota for the fishing year.
Classification
The Regional Administrator,
Southeast Region, NMFS, (RA) has
determined this temporary rule is
necessary for the conservation and
management of Gulf red snapper and is
consistent with the Magnuson-Stevens
Act and other applicable laws.
This action is taken under 50 CFR
622.39(a)(2)(i) and is exempt from
review under Executive Order 12866.
These measures are exempt from the
procedures of the Regulatory Flexibility
Act because the temporary rule is issued
without opportunity for prior notice and
comment.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive the requirements
to provide prior notice and opportunity
for public comment on this temporary
rule. Such procedures are unnecessary
because the rule implementing the
recreational red snapper quota and the
rule implementing the requirement to
close the recreational sector when the
quota is reached or projected to be
reached have already been subject to
notice and comment, and NMFS must
now notify the public of the closure.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 16, 2013.
Sean F. Corson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–30194 Filed 12–16–13; 11:15 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 120109034–2171–01]
RIN 0648–XD024
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Trimester Closure for the
Common Pool Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
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AGENCY:
This action closes the Gulf of
Maine (GOM) haddock Trimester Total
Allowable Catch (TAC) Area for
Trimester 3, from January 1, 2014,
through April 30, 2014, to common pool
vessels, because the Trimester 3 TAC for
GOM haddock has already been
SUMMARY:
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exceeded due to an overage in Trimester
1. This action is intended to prevent the
overharvest of the common pool’s
allocation of GOM haddock.
DATES: The closure of the GOM haddock
Trimester TAC Area is effective January
1, 2014, through April 30, 2014.
FOR FURTHER INFORMATION CONTACT: Liz
Sullivan, Fishery Management
Specialist, 978–282–8493, Fax 978–281–
9135.
SUPPLEMENTARY INFORMATION:
Regulations governing the Northeast
(NE) multispecies fishery are found at
50 CFR part 648, subpart F. The
regulations require the NMFS Regional
Administrator (RA) to close the
Trimester TAC Area for a stock when 90
percent of the Trimester TAC is
projected to be caught. The Trimester
TAC Area for a stock will close to all
common pool vessels fishing with gear
capable of catching that stock for the
remainder of the trimester. Any
overages of a trimester TAC will be
deducted from Trimester 3, and any
overages of the common pool’s subannual catch limit (ACL) at the end of
the fishing year (FY) will be deducted
from the common pool’s sub-ACL the
following FY.
The FY 2013 common pool sub-ACL
for GOM haddock is 2 metric tons (mt;
4,409 lb). In Trimester 1, the common
pool caught 1.9 mt (4,260 lb) of GOM
haddock, causing the common pool to
exceed its Trimester 1 TAC of 0.54 mt
(1,190 lb) by 1.4 mt (3,070 lb). Pursuant
to regulations, this overage is deducted
from Trimester 3, which has a TAC of
0.94 mt (2,072 lb). Because the overage
from Trimester 1 was greater than the
allowable catch for Trimester 3,
Trimester 3 has no allowable catch.
Therefore, effective January 1, 2014, the
GOM haddock Trimester TAC Area
identified in § 648.82(n)(2)(ii)(D) is
closed for all of Trimester 3, through
April 30, 2014, to all common pool
vessels fishing with trawl gear, sink
gillnet gear, and longline/hook gear. The
GOM haddock Trimester TAC Area will
reopen to common pool vessels fishing
with trawl, sink gillnet, and longline/
hook gear at the beginning of Trimester
1 of FY 2014, on May 1, 2014.
Catch will continue to be monitored
through vessel trip reports, dealerreported landings, vessel monitoring
system catch reports, and other
available information, and if necessary,
additional adjustments to common pool
management measures may be made.
The Assistant Administrator for
Fisheries, NOAA (AA), finds good cause
pursuant to 5 U.S.C. 553(b)(B) to waive
prior notice and the opportunity for
public comment because it would be
impracticable and contrary to the public
interest. Pursuant to 5 U.S.C. 553(d)(3),
the AA also finds good cause to waive
the 30-day delayed effectiveness period.
The regulations at § 648.82(n)(2)(ii)
requires the RA to close a trimester TAC
area when 90 percent of the respective
Trimester TAC has been caught by
common pool vessels. The catch data
show that the common pool fishery has
already exceeded its Trimester 3 TAC
for GOM haddock due to an overage in
Trimester 1. As a result, this action
reduces the extent of the common pool
fishery overage of its sub-ACLs for GOM
haddock. Any overages of the common
pools sub-ACL for this stock would
undermine conservation objectives and
trigger the implementation of
accountability measures that would
have negative economic impacts on the
common pool vessels. The catch data
supporting this action only recently
became available. As a result, the time
necessary to provide for prior notice and
comment, and a 30-day delay in
effectiveness, would prevent NMFS
from implementing the necessary
Trimester TAC closure in a timely
manner, which could undermine
conservation objectives of the NE
Multispecies Fishery Management Plan,
and cause negative economic impacts to
the common pool fishery.
Classification
This action is required by 50 CFR part
648, and is exempt from review under
Executive Order 12866.
AGENCY:
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Authority: 16 U.S.C. 1801 et seq.
Dated: December 12, 2013.
Sean F. Corson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–30114 Filed 12–17–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 130702583–3999–02]
RIN 0648–BD40
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Annual
Catch Limits and Accountability
Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
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ACTION:
Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations
Final rule.
NMFS is implementing the
approved measures in an omnibus
amendment to three of the Mid-Atlantic
Fishery Management Council’s fishery
management plans. The omnibus
amendment changes the accountability
measures for the Atlantic mackerel,
Atlantic bluefish, summer flounder,
scup, and black sea bass recreational
fisheries. These measures are intended
to more appropriately address
accountability in the recreational
fisheries.
DATES: Effective January 21, 2014.
ADDRESSES: The Mid-Atlantic Fishery
Management Council prepared an
environmental assessment (EA) for the
Recreational Accountability Measures
(AM) Omnibus Amendment that
describes the proposed action and other
considered alternatives, and provides a
thorough analysis of the impacts of the
proposed measures and alternatives.
Copies of the Recreational AM Omnibus
Amendment, including the EA, are
available on request from Dr.
Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery
Management Council, 800 North State
Street, Suite 201, Dover, DE 19901.
These documents are also available
online at https://www.mafmc.org.
FOR FURTHER INFORMATION CONTACT:
Moira Kelly, Fishery Policy Analyst,
(978) 281–9218.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
In 2011, the Council adopted, and
NMFS implemented, an Omnibus
Annual Catch Limit (ACL) and AM
Amendment (76 FR 60606) to establish
AMs for the commercial and
recreational fisheries that catch Atlantic
mackerel, butterfish, Atlantic bluefish,
summer flounder, scup, black sea bass,
golden tilefish, ocean quahog, and
Atlantic surfclams. The AMs for the
recreational fisheries included an inseason closure requirement for the
Regional Administrator when landings
were known to have reached the
recreational harvest limit (RHL), and
pound-for-pound payback of any
overage. In 2012, the recreational black
sea bass fishery significantly exceeded
its RHL. The pound-for-pound payback
requirement in place under the 2011
amendment would drastically limit the
recreational black sea bass fishery in
fishing year 2014. As a result, the
Council decided to review the
recreational fishery AMs to determine
whether a different approach to
recreational accountability would be
more appropriate. Specifically, the
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Council wanted to develop AMs that
take into account the status of the stock
and the biological consequences, if any,
resulting from a recreational sector
overage.
Beginning in 2012, the Council
developed a second omnibus
amendment to its FMPs, specifically to
revise the recreational AMs. The
Council adopted this amendment in
June 2013, and submitted it to NMFS for
review. NMFS published a Notice of
Availability (NOA) for the amendment
on September 4, 2013 (78 FR 54442),
and a proposed rule on September 18,
2013 (78 FR 57341). The comment
periods ended on November 4, 2013,
and October 18, 2013, respectively.
Disapproved Measure
The Council recommended comparing
the 3-yr moving average of the lower
confidence limit of the recreational
catch estimate to the 3-yr moving
average of the recreational ACL to
determine whether an ACL overage has
occurred. NMFS has disapproved this
measure because it is inconsistent with
the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) National
Standard 2 requirement to use the best
scientific information available in
developing management measures.
While there is some uncertainty in the
recreational catch point estimate, it is
just as likely that the true value of the
catch is above the point estimate as it is
below it. In the proposed rule, we
expressed concern that using the lower
confidence limit may not meet the
National Standard 2 requirement to use
the best scientific information available,
and we specifically requested comments
on the issue.
The public comments received were
split on the topic—members of the
public who identified themselves as
recreational participants supported the
Council’s recommendation and
members of the public who identified
themselves as commercial fishermen or
conservationists did not. The public
comments in support of the lower
confidence limit approach discussed it
as a more ‘‘appropriate’’ use of statistics,
as the Marine Resource Information
Program (MRIP) provides a measure of
uncertainty (the PSE, or proportional
standard error) that should be
considered when using the data. The
public comments that supported the use
of the point estimate stated that the
lower confidence limit has an
approximately 84-percent chance of
being below the true recreational catch
value, and would likely result in
persistent underestimation of the true
recreational catch.
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The Council, which also submitted a
comment during the proposed rule
comment period, suggested that the
overall structure of the catch limits
provides enough assurance that even
chronic underestimating of recreational
catch could not lead to overfishing or
cause the stock to become overfished.
However, even if the catch limit
structure would prevent overfishing, as
it is defined, chronic underestimating of
catch and the resultant reduced stock
size could lead to reduced overall catch
limits that would reduce the
commercial fishing limits, even if the
commercial fishery stayed within its
required limits.
Because of the concerns expressed in
the proposed rule, as well as those
expressed in several public comments,
NMFS disapproved the Council’s
preferred approach to determine
whether a recreational ACL has been
exceeded. Although the Council and
public comments supporting using the
lower confidence limit expressed valid
concerns regarding the accuracy of the
MRIP data and the confidence in the
overall structure of the Council’s catch
limits, NMFS does not concur that using
the lower confidence limit meets the
National Standard 2 requirement to use
the best available science.
By disapproving this measure, the
status quo approach of using the 3-yr
moving average of the point estimate
from MRIP for the summer flounder,
scup, and black sea bass and a singleyear point estimate from MRIP for the
Atlantic bluefish and mackerel fisheries
remains as the mechanism to determine
whether the recreational fishing ACL
was exceeded.
Approved Measures
1. In-Season Closure Authority. This
rule removes the in-season closure
requirement for the affected recreational
fisheries. The delay in receiving
recreational landings information,
combined with regional differences in
the recreational fisheries and the
resultant disproportional impacts of an
in-season closure, led the Council to
recommend removing this requirement.
2. Incorporate stock status in AM
determination. This rule implements a
system of AMs that would result in a
payback if: (1) The stock is overfished
(i.e., the most recent estimate of biomass
(B) is below the threshold, or B/BMSY <
1⁄2), under a rebuilding plan, or if stock
status is unknown, and the ACL is
exceeded; or (2) biomass is below the
target, but above the threshold (i.e., 1⁄2<
B/BMSY <1), and the acceptable
biological catch (ABC) is exceeded.
Otherwise, adjustments to the
management measures will be used as
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Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations
an AM. This adjustment would be in
addition to any necessary adjustments
needed to meet that year’s new catch
limits.
The Council currently adjusts its
management measures to achieve, but
not exceed, the next year’s catch limit
based largely on what the fishery caught
in the current year. If the next year’s
catch limit is higher than this year’s
catch, then measures may be liberalized.
Conversely, if the next year’s catch limit
is lower than this year’s catch, then
measures must be tightened. These
adjustments happen independently of
any catch limit overage. The Council
intends for the overage to result in a
‘‘performance review,’’ such that if an
overage does occur, an adjustment to the
expectations associated with how well
those measures would be likely achieve,
but not exceed, the target would be
incorporated into the coming year’s
measures determination. This would
result in measures potentially being less
liberal, or tightened more, than they
otherwise would have been, had the
overage not occurred.
3. Scaled payback calculation. The
amount of a payback (if determined to
be appropriate under 2, above) will be
scaled relative to the biomass. That is,
the payback will be the product of the
difference between the catch and the
ACL (i.e., the overage amount) and the
payback coefficient. The payback
coefficient is equal to the difference
between the most recent estimates of
BMSY and current biomass, divided by
1⁄2 B
MSY.
This will result in a smaller payback,
the closer the estimated biomass is to
the target, and a larger payback the
farther away the estimated biomass is
from the target. This scaling is intended
to minimize the economic impacts of a
payback for healthy stocks, while still
accounting for the biological
consequences of the overage. This
scaling will not be used if the stock is
overfished (i.e., if B/BMSY < 1⁄2), or if the
stock status is unknown. In those cases,
the payback will be equal to the full
amount of the overage. In addition, if
the stock is above the target (i.e., B/BMSY
> 1), then the payback will be zero.
The regulations implementing these
measures were deemed by the Council
to be consistent with the amendment,
and necessary to implement such
provisions pursuant to section 303(c) of
the Magnuson-Stevens Act through a
letter, dated August 20, 2013, from the
Council Chairman to the NMFS
Regional Administrator.
Public Comments
Fifteen public comments were
received during the public comment
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periods. Nine comments were received
on the proposed rule, and six comments
were received on the NOA.
Comment 1: One commenter
expressed frustration that the Council
and NMFS were considering revising
the recreational AMs as a result of the
black sea bass recreational overage, but
did not comment specifically on the
proposed measures.
Response: NMFS supported the
Council in reviewing the recreational
AMs to determine whether measures
more appropriate for the unique aspects
of these recreational fisheries were
available. After determining that more
suitable approaches were available,
NMFS supported the Council in
modifying these AMs and avoiding
unnecessary consequences in the
recreational black sea bass fishery, and
has approved most of the Omnibus
Amendment.
Comment 2: One commenter
expressed general frustration with the
differences between management of the
recreational and commercial fisheries,
but did not specifically comment on the
proposed measures. The commenter
focused primarily on the difference
between the commercial and
recreational minimum sizes.
Response: The management of the
commercial fishery is not the subject of
this amendment. Comments on
appropriate minimum sizes are more
applicable to the rules that implement
those minimum sizes for each
recreational fishery.
Comment 3: One commenter
expressed concern over the ability to
overfish a species into extinction. The
commenter also stated that we need to
do everything possible to prevent
overfishing, and that we should hold
commercial fisheries accountable to
prevent the extinction of any fish
species.
Response: The management of the
commercial fisheries is not the subject
of this amendment, and comments
related to the commercial fisheries are
more appropriately directed to the rules
specific to those fisheries. In addition,
none of the subject fisheries are
overfished or experiencing overfishing
at this time, nor are they in any danger
of becoming extinct. Further, the
management programs for these species
are intended to maintain healthy
population levels.
Comment 4: Four comments directly,
and three comments generally,
supported the Council’s recommended
approach to determining whether the
recreational harvest has exceeded the
ACL. These commenters included
recreational fishermen, a recreational
fisheries organization, and the Council.
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These commenters stated that using the
lower confidence limit value was a more
statistically valid approach to
addressing the uncertainty in the
recreational catch estimates, and that
treating the recreational estimate the
same as the commercial data is
inappropriate.
Response: NMFS disagrees, for the
reasons stated above. Each of the
commenters mentioned the
‘‘uncertainty’’ in the recreational harvest
estimates from MRIP as the basis for
supporting the idea of using the lower
confidence limit value. There is
uncertainty in the recreational harvests
estimates; however, using the lower
confidence limit value would
significantly increase the chances of
underestimating recreational catch. The
Council, in its comment, stated that
recreational fisheries management has
routinely ignored the uncertainty in the
catch estimate. There is a roughly 84percent chance that the value at the
lower confidence limit is below the true
value, as opposed to the 50-percent
chance that the true value is below the
point estimate. Using the lower
confidence limit value continues to
ignore the uncertainty that recreational
catch is just as likely higher than the
point estimate as it is less than the point
estimate.
Further, while the overall catch limit
structure may provide some assurance
that a stock would not be overfished as
a result of routinely underestimating
recreational catch, the overall catch
limits, and consequently, the
commercial catch limits, would likely
need to be reduced as a result of a
reduced stock size. This would be
required even if the commercial fishery
had not exceeded its catch limits. This
would seemingly hold the commercial
fishery accountable for the recreational
fishery’s overage, and for summer
flounder, scup, and black sea bass, as
described in comment 9, shift the
allocation of landings between the
commercial and recreational sectors,
contrary to the FMP requirements.
For these reasons, NMFS has
determined that the point estimate, as
derived by MRIP, is the best available
estimate of recreational harvest, and that
using a different value would violate
National Standard 2.
Comment 5: Two commenters
directly, and three commenters
generally, who identified themselves as
commercial fishermen or
conservationists, shared NMFS’
concerns with the Council’s
recommendation to use the lower
confidence limit value, and
recommended that NMFS disapprove
that measure.
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Response: NMFS agrees, for the
reasons stated above, and did
disapprove that measure.
Comment 6: The commenters who
supported using the lower confidence
limit approach also supported
eliminating the in-season closure
requirement and the pound-for-pound
payback, in favor of the proposed
approach that would only result in a
payback in certain conditions.
Response: NMFS agrees, for the
reasons stated above.
Comment 7: The commenters who
opposed using the lower confidence
limit approach also supported
maintaining the in-season closure
requirement and the pound-for-pound
payback as they are currently
implemented, generally.
Response: NMFS disagrees, for the
reasons stated above. The continuation
of the in-season closure requirement
would likely result in disproportionate
impacts on states whose recreational
fisheries occur later in the year, when
an in-season closure would be applied.
NMFS also supports the Council’s
proposed AM structure, as it better
addresses the operational issues that
may have led to the overage (i.e., by
further refining the management
measures in the subsequent year) as
well as mitigating the potential
biological consequences resulting from
an overage.
Comment 8: Two commenters
disagreed with the Council’s
recommendation to maintain the
existing annual catch target (ACT)
setting process because it is ‘‘flawed and
produces highly inaccurate results,’’ but
did not recommend a different
approach.
Response: NMFS concurs with the
Council’s decision to maintain the
existing ACT process because the
alternatives considered would have
reduced the Council’s flexibility in
setting ACTs.
Comment 9: Two commenters, who
identified themselves as commercial
fishermen, commented on the change in
the distribution in landings between the
commercial and recreational fisheries,
primarily as a result of the recreational
fishery landing more than its allocation.
The commenters said this was
particularly an issue in the black sea
bass fishery, and suggested that
additional quota be made available to
the commercial fishery to compensate.
Response: The black sea bass quota is
allocated according to the FMP (51
percent to the recreational fishery and
49 percent to the commercial fishery)
during the annual specifications
process. NMFS concurs with the
Council that the approved modifications
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to the recreational AMs will help ensure
better management of the recreational
fisheries and prevent chronic
overharvesting in the recreational
fishery. NMFS does not have the legal
authority to redistribute quota in
subsequent years because of the over- or
under-harvest of one sector of the
fishery.
Classification
Except for the measure identified as
disapproved, the Administrator,
Northeast Region, NMFS, determined
that the Recreational AM Omnibus
Amendment is necessary for the
conservation and management of the
recreational Atlantic bluefish, Atlantic
mackerel, summer flounder, scup, and
black sea bass fisheries and that it is
consistent with the Magnuson-Stevens
Act and other applicable laws.
The Office of Management and Budget
has determined that this final rule is not
significant for the purposes of Executive
Order 12866.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: December 12, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
performing the functions and duties of the
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the
preamble, 50 CFR part 648 is 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 § 648.24, paragraph (b)(6) is
removed and paragraphs (b)(2) through
(b)(5) are revised to read as follows:
■
§ 648.24 Fishery closures and
accountability measures.
*
*
*
(b) * * *
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(2) Mackerel commercial landings
overage repayment. If the mackerel ACL
is exceeded and commercial fishery
landings are responsible for the overage,
then landings in excess of the DAH will
be deducted from the DAH the
following year, as a single-year
adjustment to the DAH.
(3) Non-landing AMs. In the event
that the ACL is exceeded, and that the
overage has not been accommodated
through the landing-based AM
described in paragraph (b)(2) of this
section, but is attributable to the
commercial sector, then the exact
amount, in pounds, by which the
commercial ACT was exceeded will be
deducted from the following year’s
commercial ACT, as a single-year
adjustment.
(4) Mackerel recreational AMs. If the
mackerel ACL is exceeded and the
recreational fishery landings are
responsible for the overage, then the
following procedure will be followed:
(i) If biomass is below the threshold,
the stock is under rebuilding, or
biological reference points are
unknown. If the most recent estimate of
biomass is below the BMSY threshold
(i.e., B/BMSY is less than 0.5), the stock
is under a rebuilding plan, or the
biological reference points (B or BMSY)
are unknown, and the ACL has been
exceeded, then the exact amount, in
pounds, by which the most recent year’s
recreational catch estimate caused the
most recent year’s ACL to be exceeded
will be deducted from the following
year’s recreational ACT, as a single-year
adjustment.
(ii) If biomass is above the threshold,
but below the target, and the stock is not
under rebuilding. If the most recent
estimate of biomass is above the
biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target
(B/BMSY is less than 1.0), and the stock
is not under a rebuilding plan, then the
following AMs will apply:
(A) If the ACL has been exceeded. If
the ACL has been exceeded, then
adjustments to the recreational
management measures, taking into
account the performance of the
measures and conditions that
precipitated the overage, will be made
in the following fishing year, or as soon
as possible thereafter, once catch data
are available, as a single-year
adjustment.
(B) If the ABC has been exceeded. If
the ABC has been exceeded, then a
single-year adjustment to the following
year’s recreational ACT will be made, as
described below. In addition,
adjustments to the recreational
management measures, taking into
account the performance of the
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measures and conditions that
precipitated the overage, will be made
in the following year.
(1) Adjustment to ACT. If an
adjustment to the following year’s ACT
is required, then the recreational ACT
will be reduced by the exact amount, in
pounds, of the product of the
recreational overage, defined as the
difference between the recreational
contribution to the catch above the ACL,
and the payback coefficient specified in
paragraph (b)(4)(ii)(B)(2) of this section.
(2) Payback coefficient. The payback
coefficient is the difference between the
most recent estimates of BMSY and
biomass (i.e., BMSY¥B) divided by onehalf of BMSY.
(iii) If biomass is above BMSY. If the
most recent estimate of biomass is above
BMSY (i.e., B/BMSY is greater than 1.0),
then adjustments to the recreational
management measures, taking into
account the performance of the
measures and conditions that
precipitated the overage, will be made
in the following fishing year, or as soon
as possible thereafter, once catch data
are available, as a single-year
adjustment.
(5) Mackerel ACL overage evaluation.
The ACL will be evaluated based on a
single-year examination of total catch
(landings and discards). Both landings
and dead discards will be evaluated in
determining if the ACL has been
exceeded. NMFS shall make
determinations about overages and
implement any changes to the ACL, in
accordance with the Administrative
Procedure Act, through notification in
the Federal Register, by May 15 of the
fishing year in which the deductions
will be made.
*
*
*
*
*
■ 3. In § 648.103, paragraph (b)(3) is
added and paragraphs (c), (d), and (e)
are revised to read as follows:
§ 648.103 Summer flounder accountability
measures.
pmangrum on DSK3VPTVN1PROD with RULES
*
*
*
*
*
(b) * * *
(3) Non-landing accountability
measure. In the event that the
commercial ACL is exceeded and that
the overage has not been accommodated
through the landings-based AM, then
the exact amount by which the
commercial ACL was exceeded, in
pounds, will be deducted, as soon as
possible, from the applicable
subsequent single fishing year
commercial ACL.
(c) Recreational ACL Evaluation. The
recreational sector ACL will be
evaluated based on a 3-year moving
average comparison of total catch
(landings and dead discards). Both
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landings and dead discards will be
evaluated in determining if the 3-year
average recreational sector ACL has
been exceeded. The 3-year moving
average will be phased in over the first
3 years, beginning with 2012: Total
recreational catch from 2012 will be
compared to the 2012 recreational sector
ACL; the average total catch from both
2012 and 2013 will be compared to the
average of the 2012 and 2013
recreational sector ACLs; the average
total catch from 2012, 2013, and 2014
will be compared to the average of the
2012, 2013, and 2014 recreational sector
ACLs; and for all subsequent years, the
preceding 3-year average recreational
total catch will be compared to the
preceding 3-year average recreational
sector ACL.
(d) Recreational AMs. If the
recreational ACL is exceeded, then the
following procedure will be followed:
(1) If biomass is below the threshold,
the stock is under rebuilding, or
biological reference points are
unknown. If the most recent estimate of
biomass is below the BMSY threshold
(i.e., B/BMSY is less than 0.5), the stock
is under a rebuilding plan, or the
biological reference points (B or BMSY)
are unknown, and the recreational ACL
has been exceeded, then the exact
amount, in pounds, by which the most
recent year’s recreational catch estimate
exceeded the most recent year’s
recreational ACL will be deducted, in
the following fishing year, or as soon as
possible, thereafter, once catch data are
available, from the recreational ACT, as
a single-year adjustment.
(2) If biomass is above the threshold,
but below the target, and the stock is not
under rebuilding. If the most recent
estimate of biomass is above the
biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target
(B/BMSY is less than 1.0), and the stock
is not under a rebuilding plan, then the
following AMs will apply:
(i) If the Recreational ACL has been
exceeded. If the Recreational ACL has
been exceeded, then adjustments to the
recreational management measures,
taking into account the performance of
the measures and conditions that
precipitated the overage, will be made
in the following fishing year, or as soon
as possible thereafter, once catch data
are available, as a single-year
adjustment.
(ii) If the ABC has been exceeded. If
the ABC has been exceeded, then a
single-year adjustment to the
recreational ACT will be made, in the
following fishing year, or as soon as
possible thereafter, once catch data are
available, as described in paragraph
(d)(2)(ii)(A) of this section. In addition,
PO 00000
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Fmt 4700
Sfmt 4700
76763
adjustments to the recreational
management measures, taking into
account the performance of the
measures and conditions that
precipitated the overage, will be made
in the following year.
(A) Adjustment to Recreational ACT.
If an adjustment to the following year’s
Recreational ACT is required, then the
ACT will be reduced by the exact
amount, in pounds, of the product of the
overage, defined as the difference
between the recreational catch and the
recreational ACL, and the payback
coefficient, as specified in paragraph
(d)(2)(ii)(B) of this section.
(B) Payback coefficient. The payback
coefficient is the difference between the
most recent estimate of biomass and
BMSY (i.e., BMSY¥B) divided by one-half
of BMSY.
(3) If biomass is above BMSY. If the
most recent estimate of biomass is above
BMSY (i.e., B/BMSY is greater than 1.0),
then adjustments to the recreational
management measures, taking into
account the performance of the
measures and conditions that
precipitated the overage, will be made
in the following fishing year, or as soon
as possible thereafter, once catch data
are available, as a single-year
adjustment.
(e) State/Federal disconnect AM. If
the total catch, allowable landings,
commercial quotas, and/or RHL
measures adopted by the ASMFC
Summer Flounder, Scup and Black Sea
Bass Management Board and the
MAFMC differ for a given fishing year,
administrative action will be taken as
soon as possible to revisit the respective
recommendations of the two groups.
The intent of this action shall be to
achieve alignment through consistent
state and Federal measures such that no
differential effects occur on Federal
permit holders.
4. In § 648.123, paragraphs (b), (c),
and (d) are revised and paragraph (e) is
added to read as follows:
■
§ 648.123
Scup accountability measures.
*
*
*
*
*
(b) Non-landing accountability
measure. In the event that the
commercial ACL has been exceeded and
the overage has not been accommodated
through the landings-based AM, then
the exact amount by which the
commercial ACL was exceeded, in
pounds, will be deducted, as soon as
possible, from the applicable
subsequent single fishing year
commercial ACL.
(c) Recreational ACL. The recreational
sector ACL will be evaluated based on
a 3-year moving average comparison of
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Federal Register / Vol. 78, No. 244 / Thursday, December 19, 2013 / Rules and Regulations
total catch (landings and dead discards).
Both landings and dead discards will be
evaluated in determining if the 3-year
average recreational sector ACL has
been exceeded. The 3-year moving
average will be phased in over the first
3 years, beginning with 2012: Total
recreational total catch from 2012 will
be compared to the 2012 recreational
sector ACL; the average total catch from
both 2012 and 2013 will be compared to
the average of the 2012 and 2013
recreational sector ACLs; the average
total catch from 2012, 2013, and 2014
will be compared to the average of 2012,
2013, and 2014 recreational sector
ACLs; and for all subsequent years, the
preceding 3-year average recreational
total catch will be compared to the
preceding 3-year average recreational
sector ACL.
(d) Recreational AMs. If the
recreational ACL is exceeded, then the
following procedure will be followed:
(1) If biomass is below the threshold,
the stock is under rebuilding, or
biological reference points are
unknown. If the most recent estimate of
biomass is below the BMSY threshold
(i.e., B/BMSY is less than 0.5), the stock
is under a rebuilding plan, or the
biological reference points (B or BMSY)
are unknown, and the recreational ACL
has been exceeded, then the exact
amount, in pounds, by which the most
recent year’s recreational catch estimate
exceeded the most recent year’s
recreational ACL will be deducted in
the following fishing year, or as soon as
possible, thereafter, once catch data are
available, from the recreational ACT, as
a single-year adjustment.
(2) If biomass is above the threshold,
but below the target, and the stock is not
under rebuilding. If the most recent
estimate of biomass is above the
biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target
(B/BMSY is less than 1.0), and the stock
is not under a rebuilding plan, then the
following AMs will apply:
(i) If the Recreational ACL has been
exceeded. If the Recreational ACL has
been exceeded, then adjustments to the
recreational management measures,
taking into account the performance of
the measures and conditions that
precipitated the overage, will be made
in the following fishing year, or as soon
as possible thereafter, once catch data
are available, as a single-year
adjustment.
(ii) If the ABC has been exceeded. If
the ABC has been exceeded, then a
single year adjustment to the
recreational ACT will be made, in the
following fishing year, or as soon as
possible thereafter, once catch data are
available, as described in paragraph
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15:16 Dec 18, 2013
Jkt 232001
(d)(2)(ii)(A) of this section. In addition,
adjustments to the recreational
management measures, taking into
account the performance of the
measures and conditions that
precipitated the overage, will be made
in the following year.
(A) Adjustment to Recreational ACT.
If an adjustment to the following year’s
Recreational ACT is required, then the
ACT will be reduced by the exact
amount, in pounds, of the product of the
overage, defined as the difference
between the recreational catch and the
recreational ACL, and the payback
coefficient, as specified in paragraph
(d)(2)(ii)(B) of this section.
(B) Payback coefficient. The payback
coefficient is the difference between the
most recent estimate of biomass and
BMSY (i.e., BMSY¥B) divided by one-half
of BMSY.
(3) If biomass is above BMSY. If the
most recent estimate of biomass is above
BMSY (i.e., B/BMSY is greater than 1.0),
then adjustments to the recreational
management measures, taking into
account the performance of the
measures and conditions that
precipitated the overage, will be made
in the following fishing year, or as soon
as possible thereafter, once catch data
are available, as a single-year
adjustment.
(e) State/Federal disconnect AM. If
the total catch, allowable landings,
commercial quotas, and/or RHL
measures adopted by the ASMFC
Summer Flounder, Scup and Black Sea
Bass Management Board and the
MAFMC differ for a given fishing year,
administrative action will be taken as
soon as possible to revisit the respective
recommendations of the two groups.
The intent of this action shall be to
achieve alignment through consistent
state and Federal measures such that no
differential effects occur on Federal
permit holders.
5. In § 648.143, paragraphs (b), (c),
and (d) are revised and paragraph (e) is
added to read as follows:
■
§ 648.143 Black sea bass accountability
measures.
*
*
*
*
*
(b) Non-landing accountability
measure. In the event that the
commercial ACL has been exceeded and
the overage has not been accommodated
through the landings-based AM, then
the exact amount by which the
commercial ACL was exceeded, in
pounds, will be deducted, as soon as
possible, from the applicable
subsequent single fishing year
commercial ACL.
(c) Recreational ACL Evaluation. The
recreational sector ACL will be
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
evaluated based on a 3-year moving
average comparison of total catch
(landings and dead discards). Both
landings and dead discards will be
evaluated in determining if the 3-year
average recreational sector ACL has
been exceeded. The 3-year moving
average will be phased in over the first
3 years, beginning with 2012: Total
recreational total catch from 2012 will
be compared to the 2012 recreational
sector ACL; the average total catch from
both 2012 and 2013 will be compared to
the average of the 2012 and 2013
recreational sector ACLs; the average
total catch from 2012, 2013, and 2014
will be compared to the average of the
2012, 2013, and 2014 recreational sector
ACLs and, for all subsequent years, the
preceding 3-year average recreational
total catch will be compared to the
preceding 3-year average recreational
sector ACL.
(d) Recreational AMs. If the
recreational ACL is exceeded, then the
following procedure will be followed:
(1) If biomass is below the threshold,
the stock is under rebuilding, or
biological reference points are
unknown. If the most recent estimate of
biomass is below the BMSY threshold
(i.e., B/BMSY is less than 0.5), the stock
is under a rebuilding plan, or the
biological reference points (B or BMSY)
are unknown, and the recreational ACL
has been exceeded, then the exact
amount, in pounds, by which the most
recent year’s recreational catch estimate
exceeded the most recent year’s
recreational ACL will be deducted in
the following fishing year, or as soon as
possible thereafter, once catch data are
available, from the recreational ACT, as
a single-year adjustment.
(2) If biomass is above the threshold,
but below the target, and the stock is not
under rebuilding. If the most recent
estimate of biomass is above the
biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target
(B/BMSY is less than 1.0), and the stock
is not under a rebuilding plan, then the
following AMs will apply:
(i) If the Recreational ACL has been
exceeded. If the Recreational ACL has
been exceeded, then adjustments to the
recreational management measures,
taking into account the performance of
the measures and conditions that
precipitated the overage, will be made
in the following fishing year, or as soon
as possible thereafter, once catch data
are available, as a single-year
adjustment.
(ii) If the ABC has been exceeded. If
the ABC has been exceeded, then a
single-year adjustment to the
recreational ACT will be made in the
following fishing year, or as soon as
E:\FR\FM\19DER1.SGM
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possible thereafter, once catch data are
available, as described in paragraph
(d)(2)(ii)(A) of this section. In addition,
adjustments to the recreational
management measures, taking into
account the performance of the
measures and conditions that
precipitated the overage, will be made
in the following year.
(A) Adjustment to Recreational ACT.
If an adjustment to the following year’s
Recreational ACT is required, then the
ACT will be reduced by the exact
amount, in pounds, of the product of the
overage, defined as the difference
between the recreational catch and the
recreational ACL, and the payback
coefficient, as specified in paragraph
(d)(2)(ii)(B) of this section.
(B) Payback coefficient. The payback
coefficient is the difference between the
most recent estimate of biomass and
BMSY (i.e., BMSY¥B) divided by one-half
of BMSY.
(3) If biomass is above BMSY. If the
most recent estimate of biomass is above
BMSY (i.e., B/BMSY is greater than 1.0),
then adjustments to the recreational
management measures, taking into
account the performance of the
measures and conditions that
precipitated the overage, will be made
in the following fishing year, or as soon
as possible thereafter, once catch data
are available, as a single-year
adjustment.
(e) State/Federal disconnect AM. If
the total catch, allowable landings,
commercial quotas, and/or RHL
measures adopted by the ASMFC
Summer Flounder, Scup and Black Sea
Bass Management Board and the
MAFMC differ for a given fishing year,
administrative action will be taken as
soon as possible to revisit the respective
recommendations of the two groups.
The intent of this action shall be to
achieve alignment through consistent
state and Federal measures such that no
differential effects occur to Federal
permit holders.
■ 6. In § 648.163, paragraphs (d) and (e)
are revised to read as follows:
§ 648.163 Bluefish accountability
measures (AMs).
pmangrum on DSK3VPTVN1PROD with RULES
*
*
*
*
*
(d) Recreational landings AM when
the ACL is exceeded and no sector-tosector transfer of allowable landings has
occurred. If the fishery-level ACL is
exceeded and landings from the
recreational fishery are determined to be
the sole cause of the overage, and no
transfer between the commercial and
recreational sector was made for the
fishing year, as outlined in
§ 648.162(b)(2), then the following
procedure will be followed:
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15:16 Dec 18, 2013
Jkt 232001
(1) If biomass is below the threshold,
the stock is under rebuilding, or
biological reference points are
unknown. If the most recent estimate of
biomass is below the BMSY threshold
(i.e., B/BMSY is less than 0.5), the stock
is under a rebuilding plan, or the
biological reference points (B or BMSY)
are unknown, and the ACL has been
exceeded, then the exact amount, in
pounds, by which the most recent year’s
recreational catch estimate exceeded the
most recent year’s ACL will be deducted
from the following year’s recreational
ACT, or as soon as possible thereafter,
once catch data are available, as a
single-year adjustment.
(2) If biomass is above the threshold,
but below the target, and the stock is not
under rebuilding. If the most recent
estimate of biomass is above the
biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target
(B/BMSY is less than 1.0), and the stock
is not under a rebuilding plan, then the
following AMs will apply:
(i) If the ACL has been exceeded. If
the ACL has been exceeded, then
adjustments to the recreational
management measures, taking into
account the performance of the
measures and conditions that
precipitated the overage, will be made
in the following fishing year, or as soon
as possible thereafter, once catch data
are available, as a single-year
adjustment.
(ii) If the ABC has been exceeded. If
the ABC has been exceeded, then a
single-year adjustment to the following
year’s recreational ACT will be made in
the following fishing year, or as soon as
possible thereafter, once catch data are
available, as described in paragraph
(d)(2)(ii)(A) of this section. In addition,
adjustments to the recreational
management measures, taking into
account the performance of the
measures and conditions that
precipitated the overage, will be made
in the following year.
(A) Adjustment to Recreational ACT.
If an adjustment to the following year’s
Recreational ACT is required, then the
ACT will be reduced by the exact
amount, in pounds, of the product of the
recreational overage, defined as the
difference between the recreational
contribution to the catch above the ACL,
and the payback coefficient, as specified
in paragraph (d)(2)(ii)(B) of this section.
(B) Payback coefficient. The payback
coefficient is the difference between the
most recent estimates of BMSY and
biomass (i.e., BMSY¥B) divided by onehalf of BMSY.
(3) If biomass is above BMSY. If the
most recent estimate of biomass is above
BMSY (i.e., B/BMSY is greater than 1.0),
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Fmt 4700
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76765
then adjustments to the recreational
management measures, taking into
account the performance of the
measures and conditions that
precipitated the overage, will be made
in the following fishing year, or as soon
as possible thereafter, once catch data
are available, as a single-year
adjustment.
(e) AM for when the ACL is exceeded
and a sector-to-sector transfer of
allowable landings has occurred. If the
fishery-level ACL is exceeded and
landings from the recreational fishery
and/or the commercial fishery are
determined to have caused the overage,
and a transfer between the commercial
and recreational sector has occurred for
the fishing year, as outlined in
§ 648.162(b)(2), then the amount
transferred between the recreational and
commercial sectors may be reduced by
the ACL overage amount (pound-forpound repayment) in a subsequent,
single fishing year if the Bluefish
Monitoring Committee determines that
the ACL overage was the result of too
liberal a landings transfer between the
two sectors. If the Bluefish Monitoring
Committee determines that the ACL
overage was not the result of the
landings transfer, the recreational AMs
described in paragraph (d) of this
section will be implemented.
*
*
*
*
*
[FR Doc. 2013–30133 Filed 12–18–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 121009528–2729–02]
RIN 0648–XD025
Fisheries of the Northeastern United
States; Summer Flounder Fishery;
Quota Transfer
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS announces that the
State of Maryland is transferring a
portion of its 2013 commercial summer
flounder quota to the State of
Connecticut. NMFS is adjusting the
quotas and announcing the revised
commercial quota for each state
involved.
SUMMARY:
Effective December 17, 2013,
through December 31, 2013.
DATES:
E:\FR\FM\19DER1.SGM
19DER1
]]>Agencies
[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Rules and Regulations]
[Pages 76759-76765]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-30133]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 130702583-3999-02]
RIN 0648-BD40
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Annual Catch
Limits and Accountability Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
[[Page 76760]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: NMFS is implementing the approved measures in an omnibus
amendment to three of the Mid-Atlantic Fishery Management Council's
fishery management plans. The omnibus amendment changes the
accountability measures for the Atlantic mackerel, Atlantic bluefish,
summer flounder, scup, and black sea bass recreational fisheries. These
measures are intended to more appropriately address accountability in
the recreational fisheries.
DATES: Effective January 21, 2014.
ADDRESSES: The Mid-Atlantic Fishery Management Council prepared an
environmental assessment (EA) for the Recreational Accountability
Measures (AM) Omnibus Amendment that describes the proposed action and
other considered alternatives, and provides a thorough analysis of the
impacts of the proposed measures and alternatives. Copies of the
Recreational AM Omnibus Amendment, including the EA, are available on
request from Dr. Christopher M. Moore, Executive Director, Mid-Atlantic
Fishery Management Council, 800 North State Street, Suite 201, Dover,
DE 19901. These documents are also available online at https://www.mafmc.org.
FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst,
(978) 281-9218.
SUPPLEMENTARY INFORMATION:
Background
In 2011, the Council adopted, and NMFS implemented, an Omnibus
Annual Catch Limit (ACL) and AM Amendment (76 FR 60606) to establish
AMs for the commercial and recreational fisheries that catch Atlantic
mackerel, butterfish, Atlantic bluefish, summer flounder, scup, black
sea bass, golden tilefish, ocean quahog, and Atlantic surfclams. The
AMs for the recreational fisheries included an in-season closure
requirement for the Regional Administrator when landings were known to
have reached the recreational harvest limit (RHL), and pound-for-pound
payback of any overage. In 2012, the recreational black sea bass
fishery significantly exceeded its RHL. The pound-for-pound payback
requirement in place under the 2011 amendment would drastically limit
the recreational black sea bass fishery in fishing year 2014. As a
result, the Council decided to review the recreational fishery AMs to
determine whether a different approach to recreational accountability
would be more appropriate. Specifically, the Council wanted to develop
AMs that take into account the status of the stock and the biological
consequences, if any, resulting from a recreational sector overage.
Beginning in 2012, the Council developed a second omnibus amendment
to its FMPs, specifically to revise the recreational AMs. The Council
adopted this amendment in June 2013, and submitted it to NMFS for
review. NMFS published a Notice of Availability (NOA) for the amendment
on September 4, 2013 (78 FR 54442), and a proposed rule on September
18, 2013 (78 FR 57341). The comment periods ended on November 4, 2013,
and October 18, 2013, respectively.
Disapproved Measure
The Council recommended comparing the 3-yr moving average of the
lower confidence limit of the recreational catch estimate to the 3-yr
moving average of the recreational ACL to determine whether an ACL
overage has occurred. NMFS has disapproved this measure because it is
inconsistent with the Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) National Standard 2 requirement
to use the best scientific information available in developing
management measures. While there is some uncertainty in the
recreational catch point estimate, it is just as likely that the true
value of the catch is above the point estimate as it is below it. In
the proposed rule, we expressed concern that using the lower confidence
limit may not meet the National Standard 2 requirement to use the best
scientific information available, and we specifically requested
comments on the issue.
The public comments received were split on the topic--members of
the public who identified themselves as recreational participants
supported the Council's recommendation and members of the public who
identified themselves as commercial fishermen or conservationists did
not. The public comments in support of the lower confidence limit
approach discussed it as a more ``appropriate'' use of statistics, as
the Marine Resource Information Program (MRIP) provides a measure of
uncertainty (the PSE, or proportional standard error) that should be
considered when using the data. The public comments that supported the
use of the point estimate stated that the lower confidence limit has an
approximately 84-percent chance of being below the true recreational
catch value, and would likely result in persistent underestimation of
the true recreational catch.
The Council, which also submitted a comment during the proposed
rule comment period, suggested that the overall structure of the catch
limits provides enough assurance that even chronic underestimating of
recreational catch could not lead to overfishing or cause the stock to
become overfished. However, even if the catch limit structure would
prevent overfishing, as it is defined, chronic underestimating of catch
and the resultant reduced stock size could lead to reduced overall
catch limits that would reduce the commercial fishing limits, even if
the commercial fishery stayed within its required limits.
Because of the concerns expressed in the proposed rule, as well as
those expressed in several public comments, NMFS disapproved the
Council's preferred approach to determine whether a recreational ACL
has been exceeded. Although the Council and public comments supporting
using the lower confidence limit expressed valid concerns regarding the
accuracy of the MRIP data and the confidence in the overall structure
of the Council's catch limits, NMFS does not concur that using the
lower confidence limit meets the National Standard 2 requirement to use
the best available science.
By disapproving this measure, the status quo approach of using the
3-yr moving average of the point estimate from MRIP for the summer
flounder, scup, and black sea bass and a single-year point estimate
from MRIP for the Atlantic bluefish and mackerel fisheries remains as
the mechanism to determine whether the recreational fishing ACL was
exceeded.
Approved Measures
1. In-Season Closure Authority. This rule removes the in-season
closure requirement for the affected recreational fisheries. The delay
in receiving recreational landings information, combined with regional
differences in the recreational fisheries and the resultant
disproportional impacts of an in-season closure, led the Council to
recommend removing this requirement.
2. Incorporate stock status in AM determination. This rule
implements a system of AMs that would result in a payback if: (1) The
stock is overfished (i.e., the most recent estimate of biomass (B) is
below the threshold, or B/BMSY < \1/2\), under a rebuilding
plan, or if stock status is unknown, and the ACL is exceeded; or (2)
biomass is below the target, but above the threshold (i.e., \1/2\< B/
BMSY <1), and the acceptable biological catch (ABC) is
exceeded. Otherwise, adjustments to the management measures will be
used as
[[Page 76761]]
an AM. This adjustment would be in addition to any necessary
adjustments needed to meet that year's new catch limits.
The Council currently adjusts its management measures to achieve,
but not exceed, the next year's catch limit based largely on what the
fishery caught in the current year. If the next year's catch limit is
higher than this year's catch, then measures may be liberalized.
Conversely, if the next year's catch limit is lower than this year's
catch, then measures must be tightened. These adjustments happen
independently of any catch limit overage. The Council intends for the
overage to result in a ``performance review,'' such that if an overage
does occur, an adjustment to the expectations associated with how well
those measures would be likely achieve, but not exceed, the target
would be incorporated into the coming year's measures determination.
This would result in measures potentially being less liberal, or
tightened more, than they otherwise would have been, had the overage
not occurred.
3. Scaled payback calculation. The amount of a payback (if
determined to be appropriate under 2, above) will be scaled relative to
the biomass. That is, the payback will be the product of the difference
between the catch and the ACL (i.e., the overage amount) and the
payback coefficient. The payback coefficient is equal to the difference
between the most recent estimates of BMSY and current
biomass, divided by \1/2\ BMSY.
This will result in a smaller payback, the closer the estimated
biomass is to the target, and a larger payback the farther away the
estimated biomass is from the target. This scaling is intended to
minimize the economic impacts of a payback for healthy stocks, while
still accounting for the biological consequences of the overage. This
scaling will not be used if the stock is overfished (i.e., if B/
BMSY < \1/2\), or if the stock status is unknown. In those
cases, the payback will be equal to the full amount of the overage. In
addition, if the stock is above the target (i.e., B/BMSY >
1), then the payback will be zero.
The regulations implementing these measures were deemed by the
Council to be consistent with the amendment, and necessary to implement
such provisions pursuant to section 303(c) of the Magnuson-Stevens Act
through a letter, dated August 20, 2013, from the Council Chairman to
the NMFS Regional Administrator.
Public Comments
Fifteen public comments were received during the public comment
periods. Nine comments were received on the proposed rule, and six
comments were received on the NOA.
Comment 1: One commenter expressed frustration that the Council and
NMFS were considering revising the recreational AMs as a result of the
black sea bass recreational overage, but did not comment specifically
on the proposed measures.
Response: NMFS supported the Council in reviewing the recreational
AMs to determine whether measures more appropriate for the unique
aspects of these recreational fisheries were available. After
determining that more suitable approaches were available, NMFS
supported the Council in modifying these AMs and avoiding unnecessary
consequences in the recreational black sea bass fishery, and has
approved most of the Omnibus Amendment.
Comment 2: One commenter expressed general frustration with the
differences between management of the recreational and commercial
fisheries, but did not specifically comment on the proposed measures.
The commenter focused primarily on the difference between the
commercial and recreational minimum sizes.
Response: The management of the commercial fishery is not the
subject of this amendment. Comments on appropriate minimum sizes are
more applicable to the rules that implement those minimum sizes for
each recreational fishery.
Comment 3: One commenter expressed concern over the ability to
overfish a species into extinction. The commenter also stated that we
need to do everything possible to prevent overfishing, and that we
should hold commercial fisheries accountable to prevent the extinction
of any fish species.
Response: The management of the commercial fisheries is not the
subject of this amendment, and comments related to the commercial
fisheries are more appropriately directed to the rules specific to
those fisheries. In addition, none of the subject fisheries are
overfished or experiencing overfishing at this time, nor are they in
any danger of becoming extinct. Further, the management programs for
these species are intended to maintain healthy population levels.
Comment 4: Four comments directly, and three comments generally,
supported the Council's recommended approach to determining whether the
recreational harvest has exceeded the ACL. These commenters included
recreational fishermen, a recreational fisheries organization, and the
Council. These commenters stated that using the lower confidence limit
value was a more statistically valid approach to addressing the
uncertainty in the recreational catch estimates, and that treating the
recreational estimate the same as the commercial data is inappropriate.
Response: NMFS disagrees, for the reasons stated above. Each of the
commenters mentioned the ``uncertainty'' in the recreational harvest
estimates from MRIP as the basis for supporting the idea of using the
lower confidence limit value. There is uncertainty in the recreational
harvests estimates; however, using the lower confidence limit value
would significantly increase the chances of underestimating
recreational catch. The Council, in its comment, stated that
recreational fisheries management has routinely ignored the uncertainty
in the catch estimate. There is a roughly 84-percent chance that the
value at the lower confidence limit is below the true value, as opposed
to the 50-percent chance that the true value is below the point
estimate. Using the lower confidence limit value continues to ignore
the uncertainty that recreational catch is just as likely higher than
the point estimate as it is less than the point estimate.
Further, while the overall catch limit structure may provide some
assurance that a stock would not be overfished as a result of routinely
underestimating recreational catch, the overall catch limits, and
consequently, the commercial catch limits, would likely need to be
reduced as a result of a reduced stock size. This would be required
even if the commercial fishery had not exceeded its catch limits. This
would seemingly hold the commercial fishery accountable for the
recreational fishery's overage, and for summer flounder, scup, and
black sea bass, as described in comment 9, shift the allocation of
landings between the commercial and recreational sectors, contrary to
the FMP requirements.
For these reasons, NMFS has determined that the point estimate, as
derived by MRIP, is the best available estimate of recreational
harvest, and that using a different value would violate National
Standard 2.
Comment 5: Two commenters directly, and three commenters generally,
who identified themselves as commercial fishermen or conservationists,
shared NMFS' concerns with the Council's recommendation to use the
lower confidence limit value, and recommended that NMFS disapprove that
measure.
[[Page 76762]]
Response: NMFS agrees, for the reasons stated above, and did
disapprove that measure.
Comment 6: The commenters who supported using the lower confidence
limit approach also supported eliminating the in-season closure
requirement and the pound-for-pound payback, in favor of the proposed
approach that would only result in a payback in certain conditions.
Response: NMFS agrees, for the reasons stated above.
Comment 7: The commenters who opposed using the lower confidence
limit approach also supported maintaining the in-season closure
requirement and the pound-for-pound payback as they are currently
implemented, generally.
Response: NMFS disagrees, for the reasons stated above. The
continuation of the in-season closure requirement would likely result
in disproportionate impacts on states whose recreational fisheries
occur later in the year, when an in-season closure would be applied.
NMFS also supports the Council's proposed AM structure, as it better
addresses the operational issues that may have led to the overage
(i.e., by further refining the management measures in the subsequent
year) as well as mitigating the potential biological consequences
resulting from an overage.
Comment 8: Two commenters disagreed with the Council's
recommendation to maintain the existing annual catch target (ACT)
setting process because it is ``flawed and produces highly inaccurate
results,'' but did not recommend a different approach.
Response: NMFS concurs with the Council's decision to maintain the
existing ACT process because the alternatives considered would have
reduced the Council's flexibility in setting ACTs.
Comment 9: Two commenters, who identified themselves as commercial
fishermen, commented on the change in the distribution in landings
between the commercial and recreational fisheries, primarily as a
result of the recreational fishery landing more than its allocation.
The commenters said this was particularly an issue in the black sea
bass fishery, and suggested that additional quota be made available to
the commercial fishery to compensate.
Response: The black sea bass quota is allocated according to the
FMP (51 percent to the recreational fishery and 49 percent to the
commercial fishery) during the annual specifications process. NMFS
concurs with the Council that the approved modifications to the
recreational AMs will help ensure better management of the recreational
fisheries and prevent chronic overharvesting in the recreational
fishery. NMFS does not have the legal authority to redistribute quota
in subsequent years because of the over- or under-harvest of one sector
of the fishery.
Classification
Except for the measure identified as disapproved, the
Administrator, Northeast Region, NMFS, determined that the Recreational
AM Omnibus Amendment is necessary for the conservation and management
of the recreational Atlantic bluefish, Atlantic mackerel, summer
flounder, scup, and black sea bass fisheries and that it is consistent
with the Magnuson-Stevens Act and other applicable laws.
The Office of Management and Budget has determined that this final
rule is not significant for the purposes of Executive Order 12866.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: December 12, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and
duties of the Deputy Assistant Administrator for Regulatory Programs,
National Marine Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.24, paragraph (b)(6) is removed and paragraphs (b)(2)
through (b)(5) are revised to read as follows:
Sec. 648.24 Fishery closures and accountability measures.
* * * * *
(b) * * *
(2) Mackerel commercial landings overage repayment. If the mackerel
ACL is exceeded and commercial fishery landings are responsible for the
overage, then landings in excess of the DAH will be deducted from the
DAH the following year, as a single-year adjustment to the DAH.
(3) Non-landing AMs. In the event that the ACL is exceeded, and
that the overage has not been accommodated through the landing-based AM
described in paragraph (b)(2) of this section, but is attributable to
the commercial sector, then the exact amount, in pounds, by which the
commercial ACT was exceeded will be deducted from the following year's
commercial ACT, as a single-year adjustment.
(4) Mackerel recreational AMs. If the mackerel ACL is exceeded and
the recreational fishery landings are responsible for the overage, then
the following procedure will be followed:
(i) If biomass is below the threshold, the stock is under
rebuilding, or biological reference points are unknown. If the most
recent estimate of biomass is below the BMSY threshold
(i.e., B/BMSY is less than 0.5), the stock is under a
rebuilding plan, or the biological reference points (B or
BMSY) are unknown, and the ACL has been exceeded, then the
exact amount, in pounds, by which the most recent year's recreational
catch estimate caused the most recent year's ACL to be exceeded will be
deducted from the following year's recreational ACT, as a single-year
adjustment.
(ii) If biomass is above the threshold, but below the target, and
the stock is not under rebuilding. If the most recent estimate of
biomass is above the biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target (B/BMSY is less than
1.0), and the stock is not under a rebuilding plan, then the following
AMs will apply:
(A) If the ACL has been exceeded. If the ACL has been exceeded,
then adjustments to the recreational management measures, taking into
account the performance of the measures and conditions that
precipitated the overage, will be made in the following fishing year,
or as soon as possible thereafter, once catch data are available, as a
single-year adjustment.
(B) If the ABC has been exceeded. If the ABC has been exceeded,
then a single-year adjustment to the following year's recreational ACT
will be made, as described below. In addition, adjustments to the
recreational management measures, taking into account the performance
of the
[[Page 76763]]
measures and conditions that precipitated the overage, will be made in
the following year.
(1) Adjustment to ACT. If an adjustment to the following year's ACT
is required, then the recreational ACT will be reduced by the exact
amount, in pounds, of the product of the recreational overage, defined
as the difference between the recreational contribution to the catch
above the ACL, and the payback coefficient specified in paragraph
(b)(4)(ii)(B)(2) of this section.
(2) Payback coefficient. The payback coefficient is the difference
between the most recent estimates of BMSY and biomass (i.e.,
BMSY-B) divided by one-half of BMSY.
(iii) If biomass is above BMSY. If the most recent
estimate of biomass is above BMSY (i.e., B/BMSY
is greater than 1.0), then adjustments to the recreational management
measures, taking into account the performance of the measures and
conditions that precipitated the overage, will be made in the following
fishing year, or as soon as possible thereafter, once catch data are
available, as a single-year adjustment.
(5) Mackerel ACL overage evaluation. The ACL will be evaluated
based on a single-year examination of total catch (landings and
discards). Both landings and dead discards will be evaluated in
determining if the ACL has been exceeded. NMFS shall make
determinations about overages and implement any changes to the ACL, in
accordance with the Administrative Procedure Act, through notification
in the Federal Register, by May 15 of the fishing year in which the
deductions will be made.
* * * * *
0
3. In Sec. 648.103, paragraph (b)(3) is added and paragraphs (c), (d),
and (e) are revised to read as follows:
Sec. 648.103 Summer flounder accountability measures.
* * * * *
(b) * * *
(3) Non-landing accountability measure. In the event that the
commercial ACL is exceeded and that the overage has not been
accommodated through the landings-based AM, then the exact amount by
which the commercial ACL was exceeded, in pounds, will be deducted, as
soon as possible, from the applicable subsequent single fishing year
commercial ACL.
(c) Recreational ACL Evaluation. The recreational sector ACL will
be evaluated based on a 3-year moving average comparison of total catch
(landings and dead discards). Both landings and dead discards will be
evaluated in determining if the 3-year average recreational sector ACL
has been exceeded. The 3-year moving average will be phased in over the
first 3 years, beginning with 2012: Total recreational catch from 2012
will be compared to the 2012 recreational sector ACL; the average total
catch from both 2012 and 2013 will be compared to the average of the
2012 and 2013 recreational sector ACLs; the average total catch from
2012, 2013, and 2014 will be compared to the average of the 2012, 2013,
and 2014 recreational sector ACLs; and for all subsequent years, the
preceding 3-year average recreational total catch will be compared to
the preceding 3-year average recreational sector ACL.
(d) Recreational AMs. If the recreational ACL is exceeded, then the
following procedure will be followed:
(1) If biomass is below the threshold, the stock is under
rebuilding, or biological reference points are unknown. If the most
recent estimate of biomass is below the BMSY threshold
(i.e., B/BMSY is less than 0.5), the stock is under a
rebuilding plan, or the biological reference points (B or
BMSY) are unknown, and the recreational ACL has been
exceeded, then the exact amount, in pounds, by which the most recent
year's recreational catch estimate exceeded the most recent year's
recreational ACL will be deducted, in the following fishing year, or as
soon as possible, thereafter, once catch data are available, from the
recreational ACT, as a single-year adjustment.
(2) If biomass is above the threshold, but below the target, and
the stock is not under rebuilding. If the most recent estimate of
biomass is above the biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target (B/BMSY is less than
1.0), and the stock is not under a rebuilding plan, then the following
AMs will apply:
(i) If the Recreational ACL has been exceeded. If the Recreational
ACL has been exceeded, then adjustments to the recreational management
measures, taking into account the performance of the measures and
conditions that precipitated the overage, will be made in the following
fishing year, or as soon as possible thereafter, once catch data are
available, as a single-year adjustment.
(ii) If the ABC has been exceeded. If the ABC has been exceeded,
then a single-year adjustment to the recreational ACT will be made, in
the following fishing year, or as soon as possible thereafter, once
catch data are available, as described in paragraph (d)(2)(ii)(A) of
this section. In addition, adjustments to the recreational management
measures, taking into account the performance of the measures and
conditions that precipitated the overage, will be made in the following
year.
(A) Adjustment to Recreational ACT. If an adjustment to the
following year's Recreational ACT is required, then the ACT will be
reduced by the exact amount, in pounds, of the product of the overage,
defined as the difference between the recreational catch and the
recreational ACL, and the payback coefficient, as specified in
paragraph (d)(2)(ii)(B) of this section.
(B) Payback coefficient. The payback coefficient is the difference
between the most recent estimate of biomass and BMSY (i.e.,
BMSY-B) divided by one-half of BMSY.
(3) If biomass is above BMSY. If the most recent
estimate of biomass is above BMSY (i.e., B/BMSY
is greater than 1.0), then adjustments to the recreational management
measures, taking into account the performance of the measures and
conditions that precipitated the overage, will be made in the following
fishing year, or as soon as possible thereafter, once catch data are
available, as a single-year adjustment.
(e) State/Federal disconnect AM. If the total catch, allowable
landings, commercial quotas, and/or RHL measures adopted by the ASMFC
Summer Flounder, Scup and Black Sea Bass Management Board and the MAFMC
differ for a given fishing year, administrative action will be taken as
soon as possible to revisit the respective recommendations of the two
groups. The intent of this action shall be to achieve alignment through
consistent state and Federal measures such that no differential effects
occur on Federal permit holders.
0
4. In Sec. 648.123, paragraphs (b), (c), and (d) are revised and
paragraph (e) is added to read as follows:
Sec. 648.123 Scup accountability measures.
* * * * *
(b) Non-landing accountability measure. In the event that the
commercial ACL has been exceeded and the overage has not been
accommodated through the landings-based AM, then the exact amount by
which the commercial ACL was exceeded, in pounds, will be deducted, as
soon as possible, from the applicable subsequent single fishing year
commercial ACL.
(c) Recreational ACL. The recreational sector ACL will be evaluated
based on a 3-year moving average comparison of
[[Page 76764]]
total catch (landings and dead discards). Both landings and dead
discards will be evaluated in determining if the 3-year average
recreational sector ACL has been exceeded. The 3-year moving average
will be phased in over the first 3 years, beginning with 2012: Total
recreational total catch from 2012 will be compared to the 2012
recreational sector ACL; the average total catch from both 2012 and
2013 will be compared to the average of the 2012 and 2013 recreational
sector ACLs; the average total catch from 2012, 2013, and 2014 will be
compared to the average of 2012, 2013, and 2014 recreational sector
ACLs; and for all subsequent years, the preceding 3-year average
recreational total catch will be compared to the preceding 3-year
average recreational sector ACL.
(d) Recreational AMs. If the recreational ACL is exceeded, then the
following procedure will be followed:
(1) If biomass is below the threshold, the stock is under
rebuilding, or biological reference points are unknown. If the most
recent estimate of biomass is below the BMSY threshold
(i.e., B/BMSY is less than 0.5), the stock is under a
rebuilding plan, or the biological reference points (B or
BMSY) are unknown, and the recreational ACL has been
exceeded, then the exact amount, in pounds, by which the most recent
year's recreational catch estimate exceeded the most recent year's
recreational ACL will be deducted in the following fishing year, or as
soon as possible, thereafter, once catch data are available, from the
recreational ACT, as a single-year adjustment.
(2) If biomass is above the threshold, but below the target, and
the stock is not under rebuilding. If the most recent estimate of
biomass is above the biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target (B/BMSY is less than
1.0), and the stock is not under a rebuilding plan, then the following
AMs will apply:
(i) If the Recreational ACL has been exceeded. If the Recreational
ACL has been exceeded, then adjustments to the recreational management
measures, taking into account the performance of the measures and
conditions that precipitated the overage, will be made in the following
fishing year, or as soon as possible thereafter, once catch data are
available, as a single-year adjustment.
(ii) If the ABC has been exceeded. If the ABC has been exceeded,
then a single year adjustment to the recreational ACT will be made, in
the following fishing year, or as soon as possible thereafter, once
catch data are available, as described in paragraph (d)(2)(ii)(A) of
this section. In addition, adjustments to the recreational management
measures, taking into account the performance of the measures and
conditions that precipitated the overage, will be made in the following
year.
(A) Adjustment to Recreational ACT. If an adjustment to the
following year's Recreational ACT is required, then the ACT will be
reduced by the exact amount, in pounds, of the product of the overage,
defined as the difference between the recreational catch and the
recreational ACL, and the payback coefficient, as specified in
paragraph (d)(2)(ii)(B) of this section.
(B) Payback coefficient. The payback coefficient is the difference
between the most recent estimate of biomass and BMSY (i.e.,
BMSY-B) divided by one-half of BMSY.
(3) If biomass is above BMSY. If the most recent estimate of
biomass is above BMSY (i.e., B/BMSY is greater
than 1.0), then adjustments to the recreational management measures,
taking into account the performance of the measures and conditions that
precipitated the overage, will be made in the following fishing year,
or as soon as possible thereafter, once catch data are available, as a
single-year adjustment.
(e) State/Federal disconnect AM. If the total catch, allowable
landings, commercial quotas, and/or RHL measures adopted by the ASMFC
Summer Flounder, Scup and Black Sea Bass Management Board and the MAFMC
differ for a given fishing year, administrative action will be taken as
soon as possible to revisit the respective recommendations of the two
groups. The intent of this action shall be to achieve alignment through
consistent state and Federal measures such that no differential effects
occur on Federal permit holders.
0
5. In Sec. 648.143, paragraphs (b), (c), and (d) are revised and
paragraph (e) is added to read as follows:
Sec. 648.143 Black sea bass accountability measures.
* * * * *
(b) Non-landing accountability measure. In the event that the
commercial ACL has been exceeded and the overage has not been
accommodated through the landings-based AM, then the exact amount by
which the commercial ACL was exceeded, in pounds, will be deducted, as
soon as possible, from the applicable subsequent single fishing year
commercial ACL.
(c) Recreational ACL Evaluation. The recreational sector ACL will
be evaluated based on a 3-year moving average comparison of total catch
(landings and dead discards). Both landings and dead discards will be
evaluated in determining if the 3-year average recreational sector ACL
has been exceeded. The 3-year moving average will be phased in over the
first 3 years, beginning with 2012: Total recreational total catch from
2012 will be compared to the 2012 recreational sector ACL; the average
total catch from both 2012 and 2013 will be compared to the average of
the 2012 and 2013 recreational sector ACLs; the average total catch
from 2012, 2013, and 2014 will be compared to the average of the 2012,
2013, and 2014 recreational sector ACLs and, for all subsequent years,
the preceding 3-year average recreational total catch will be compared
to the preceding 3-year average recreational sector ACL.
(d) Recreational AMs. If the recreational ACL is exceeded, then the
following procedure will be followed:
(1) If biomass is below the threshold, the stock is under
rebuilding, or biological reference points are unknown. If the most
recent estimate of biomass is below the BMSY threshold
(i.e., B/BMSY is less than 0.5), the stock is under a
rebuilding plan, or the biological reference points (B or
BMSY) are unknown, and the recreational ACL has been
exceeded, then the exact amount, in pounds, by which the most recent
year's recreational catch estimate exceeded the most recent year's
recreational ACL will be deducted in the following fishing year, or as
soon as possible thereafter, once catch data are available, from the
recreational ACT, as a single-year adjustment.
(2) If biomass is above the threshold, but below the target, and
the stock is not under rebuilding. If the most recent estimate of
biomass is above the biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target (B/BMSY is less than
1.0), and the stock is not under a rebuilding plan, then the following
AMs will apply:
(i) If the Recreational ACL has been exceeded. If the Recreational
ACL has been exceeded, then adjustments to the recreational management
measures, taking into account the performance of the measures and
conditions that precipitated the overage, will be made in the following
fishing year, or as soon as possible thereafter, once catch data are
available, as a single-year adjustment.
(ii) If the ABC has been exceeded. If the ABC has been exceeded,
then a single-year adjustment to the recreational ACT will be made in
the following fishing year, or as soon as
[[Page 76765]]
possible thereafter, once catch data are available, as described in
paragraph (d)(2)(ii)(A) of this section. In addition, adjustments to
the recreational management measures, taking into account the
performance of the measures and conditions that precipitated the
overage, will be made in the following year.
(A) Adjustment to Recreational ACT. If an adjustment to the
following year's Recreational ACT is required, then the ACT will be
reduced by the exact amount, in pounds, of the product of the overage,
defined as the difference between the recreational catch and the
recreational ACL, and the payback coefficient, as specified in
paragraph (d)(2)(ii)(B) of this section.
(B) Payback coefficient. The payback coefficient is the difference
between the most recent estimate of biomass and BMSY (i.e.,
BMSY-B) divided by one-half of BMSY.
(3) If biomass is above BMSY. If the most recent estimate of
biomass is above BMSY (i.e., B/BMSY is greater
than 1.0), then adjustments to the recreational management measures,
taking into account the performance of the measures and conditions that
precipitated the overage, will be made in the following fishing year,
or as soon as possible thereafter, once catch data are available, as a
single-year adjustment.
(e) State/Federal disconnect AM. If the total catch, allowable
landings, commercial quotas, and/or RHL measures adopted by the ASMFC
Summer Flounder, Scup and Black Sea Bass Management Board and the MAFMC
differ for a given fishing year, administrative action will be taken as
soon as possible to revisit the respective recommendations of the two
groups. The intent of this action shall be to achieve alignment through
consistent state and Federal measures such that no differential effects
occur to Federal permit holders.
0
6. In Sec. 648.163, paragraphs (d) and (e) are revised to read as
follows:
Sec. 648.163 Bluefish accountability measures (AMs).
* * * * *
(d) Recreational landings AM when the ACL is exceeded and no
sector-to-sector transfer of allowable landings has occurred. If the
fishery-level ACL is exceeded and landings from the recreational
fishery are determined to be the sole cause of the overage, and no
transfer between the commercial and recreational sector was made for
the fishing year, as outlined in Sec. 648.162(b)(2), then the
following procedure will be followed:
(1) If biomass is below the threshold, the stock is under
rebuilding, or biological reference points are unknown. If the most
recent estimate of biomass is below the BMSY threshold
(i.e., B/BMSY is less than 0.5), the stock is under a
rebuilding plan, or the biological reference points (B or
BMSY) are unknown, and the ACL has been exceeded, then the
exact amount, in pounds, by which the most recent year's recreational
catch estimate exceeded the most recent year's ACL will be deducted
from the following year's recreational ACT, or as soon as possible
thereafter, once catch data are available, as a single-year adjustment.
(2) If biomass is above the threshold, but below the target, and
the stock is not under rebuilding. If the most recent estimate of
biomass is above the biomass threshold (B/BMSY is greater
than 0.5), but below the biomass target (B/BMSY is less than
1.0), and the stock is not under a rebuilding plan, then the following
AMs will apply:
(i) If the ACL has been exceeded. If the ACL has been exceeded,
then adjustments to the recreational management measures, taking into
account the performance of the measures and conditions that
precipitated the overage, will be made in the following fishing year,
or as soon as possible thereafter, once catch data are available, as a
single-year adjustment.
(ii) If the ABC has been exceeded. If the ABC has been exceeded,
then a single-year adjustment to the following year's recreational ACT
will be made in the following fishing year, or as soon as possible
thereafter, once catch data are available, as described in paragraph
(d)(2)(ii)(A) of this section. In addition, adjustments to the
recreational management measures, taking into account the performance
of the measures and conditions that precipitated the overage, will be
made in the following year.
(A) Adjustment to Recreational ACT. If an adjustment to the
following year's Recreational ACT is required, then the ACT will be
reduced by the exact amount, in pounds, of the product of the
recreational overage, defined as the difference between the
recreational contribution to the catch above the ACL, and the payback
coefficient, as specified in paragraph (d)(2)(ii)(B) of this section.
(B) Payback coefficient. The payback coefficient is the difference
between the most recent estimates of BMSY and biomass (i.e.,
BMSY-B) divided by one-half of BMSY.
(3) If biomass is above BMSY. If the most recent estimate of
biomass is above BMSY (i.e., B/BMSY is greater
than 1.0), then adjustments to the recreational management measures,
taking into account the performance of the measures and conditions that
precipitated the overage, will be made in the following fishing year,
or as soon as possible thereafter, once catch data are available, as a
single-year adjustment.
(e) AM for when the ACL is exceeded and a sector-to-sector transfer
of allowable landings has occurred. If the fishery-level ACL is
exceeded and landings from the recreational fishery and/or the
commercial fishery are determined to have caused the overage, and a
transfer between the commercial and recreational sector has occurred
for the fishing year, as outlined in Sec. 648.162(b)(2), then the
amount transferred between the recreational and commercial sectors may
be reduced by the ACL overage amount (pound-for-pound repayment) in a
subsequent, single fishing year if the Bluefish Monitoring Committee
determines that the ACL overage was the result of too liberal a
landings transfer between the two sectors. If the Bluefish Monitoring
Committee determines that the ACL overage was not the result of the
landings transfer, the recreational AMs described in paragraph (d) of
this section will be implemented.
* * * * *
[FR Doc. 2013-30133 Filed 12-18-13; 8:45 am]
BILLING CODE 3510-22-P
