Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Framework Adjustment 52, 68396-68404 [2014-27084]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 221 (Monday, November 17, 2014)]
[Proposed Rules]
[Pages 68396-68404]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27084]



[[Page 68396]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140507412-4914-01]
RIN 0648-BE22


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Groundfish Fishery; Framework Adjustment 52

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

ACTION: Proposed rule; request for comments.

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SUMMARY: Framework Adjustment 52 to the Northeast Multispecies Fishery 
Management Plan proposes two modifications to the windowpane flounder 
accountability measures. First, the size of the accountability measure 
gear restricted areas could be reduced if NMFS determines that 
improvements in windowpane flounder stock health occurred despite the 
catch limits being exceeded. Second, the duration of the accountability 
measure could be shortened if NMFS determines that an overage of the 
catch limit did not occur the previous fishing year. The proposed 
measures would allow NMFS to implement accountability measures based on 
more current survey and catch data. This proposed action is intended to 
increase fishing opportunities for the groundfish fishery while still 
preventing overfishing.

DATES: Comments must be received by December 2, 2014.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0079, 
by any of the following methods:
     Electronic submissions: Submit all electronic public 
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0079, click the ``Comment Now!'' icon, 
complete the required fields, and enter or attach your comments.
     Mail: Submit written comments to John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on the Proposed Rule for Groundfish Framework Adjustment 
52.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.
    Copies of Framework 52, its Regulatory Impact Review (RIR), a draft 
of the environmental assessment (EA) prepared for this action, and the 
Initial Regulatory Flexibility Analysis (IRFA) prepared by the New 
England Fishery Management Council are available from Thomas A. Nies, 
Executive Director, New England Fishery Management Council, 50 Water 
Street, Mill 2, Newburyport, MA 01950. The IRFA assesses the impacts of 
the proposed measures on small entities, and describes steps taken to 
minimize any significant economic impact on these entities. A summary 
of the IRFA is included in the Classification section of this proposed 
rule. The Framework 52 EA, RIR, and IRFA are also accessible via the 
Internet at www.nefmc.org/nemulti/ or 
www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/.

FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy 
Analyst, phone: 978-281-9182.

SUPPLEMENTARY INFORMATION:

Background

Current Windowpane Flounder Accountability Measures

    Framework 47 to the Northeast (NE) Multispecies Fishery Management 
Plan (FMP) modified the accountability measures (AMs) for non-allocated 
stocks to ensure that sector vessels, as well as common pool vessels, 
were held accountable for catch overages (77 FR 26104; May 2, 2012). 
The current AMs for windowpane flounder are small and/or large year-
round gear-restricted areas (Figure 1). The AMs are triggered when the 
total catch of windowpane flounder, in either the Northern or Southern 
stock area, exceeds the allowable limit. When these AMs are in effect, 
bottom-trawl vessels fishing in these areas are required to use 
selective trawl gear that reduces flatfish catch. Approved selective 
trawl gears include the haddock separator trawl, the Ruhle trawl, the 
rope trawl, and any other gears authorized by the Greater Atlantic 
Regional Administrator at the request of the New England Fishery 
Management Council. There are no restrictions on longline or gillnet 
gear because these gear types rarely catch flatfish.
    As currently used, the size of the AM gear-restricted area 
implemented following an overage depends on the degree to which the 
catch limit is exceeded (Figure 1). The size of the AM area is adjusted 
in correlation with the magnitude of the overage or its effects. For 
larger overages, a larger area is used. The larger area is intended to 
reduce catch of windowpane flounder to help correct for the overage and 
thereby also mitigate the effects of the overage on the stock. A 
smaller correction is required for smaller overages; therefore, a 
smaller AM area is applied. In specific application, the overage first 
has to be greater than the management uncertainty buffer (which is 
currently 5 percent) for a windowpane flounder AM to be triggered. If 
the overage is greater than 5 and up to 20 percent of the overall 
annual catch limit, the small AM gear restricted area is triggered. If 
the overage is more than 20 percent of the overall annual catch limit, 
the large AM gear restricted area is triggered. The AMs for the 
groundfish fishery or any other fisheries are triggered only if the 
total catch limit for the stock is exceeded and the fishery specific 
catch limit is also exceeded. Because scallop vessels have a separate 
allocation of southern windowpane flounder, the groundfish southern New 
England AM gear restricted area is only triggered when both the 
groundfish-specific and total-stock catch limits are exceeded (Figure 
2). Because the AMs are meant to restrict catch by common pool and 
sector vessels, sectors cannot request an exemption from an AM. More 
detailed information on Framework 47, including how windowpane flounder 
AMs are implemented, is available at https://www.greateratlantic.fisheries.noaa.gov/nero/regs/frdoc/12/12MulFW47FR.pdf.
    The final rule implementing Framework 48 (78 FR 26118, May 3, 2013, 
see page 26124) included an allocation of southern windowpane flounder 
to the scallop fishery and some other non-groundfish fisheries starting 
in fishing year 2013. Allocating this stock to other fisheries will 
help ensure that other fisheries are held accountable for their catch 
in the future and that an

[[Page 68397]]

overage by one of these fisheries would not negatively impact another.

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Windowpane Flounder Catch Limits Were Exceeded in Fishing Years 2012 
and 2013

    Table 1 details final catch information for fishing year 2012. The 
northern windowpane flounder catch limit was exceeded by 28 percent, 
while the southern windowpane flounder catch limit was exceeded by 36 
percent. The fishing year 2012 final catch report can be found online 
at: https://www.nero.noaa.gov/ro/fso/reports/Groundfish_Catch_Accounting.htm. Although catch from non-groundfish 
fisheries contributed to the northern windowpane flounder overage, the 
AM applies solely to the groundfish fishery because none of these other 
fisheries received a northern windowpane flounder allocation in fishing 
year 2012. Because the fishing year 2012 overages (in this case, year 
1) were not identified until fishing year 2013 (year 2), the large AM 
gear restricted areas in both Southern New England and on Georges Bank 
were implemented on May 1, 2014, the beginning of the 2014 fishing year 
(year 3).
    Table 2 presents preliminary 2013 catch estimates from March 19, 
2014. Despite not having catch estimates for the sub-components from 
other non-groundfish fisheries, the commercial northern windowpane 
flounder catch estimate (227 mt), which we consider to be reliable 
data, exceeded the allowable biological catch (151 mt) by 50 percent. 
Thus, in addition to the 2014 triggered AM due to overages that 
occurred in fishing year 2012, the fishing year 2013 overage also 
triggered the same 2014 AM. Table 3 presents final fishing year 2013 
catch data for windowpane flounder.
    In order for the southern groundfish fishery AM gear restricted 
area to be triggered, the overall catch limit has to be exceeded, as 
well as groundfish fishery sub-annual catch limit (see Figure 2). 
Currently, catch data indicate that the groundfish fishery slightly 
exceeded its southern windowpane flounder catch limit, but it remains 
unclear if the overall southern windowpane flounder catch limit was 
exceeded.

AMs From Framework 47 Result in Severe Economic Impacts

    Although we approved the windowpane flounder AMs in Framework 47, 
the accompanying environmental assessment estimated the economic costs 
from these AMs to be as much as $15 million. The environmental 
assessment did not foresee the full scope of the costs combined with 
other developments. Following substantial reductions in the 2013 catch 
limits for many key groundfish stocks, groundfish vessels have become 
increasingly more reliant on some flatfish species, particularly winter 
flounder. When the windowpane flounder AMs were developed, Southern New 
England/Mid-Atlantic winter flounder was a non-allocated stock, and, 
therefore, revenue from winter flounder landings was not included in 
the estimated costs. As a

[[Page 68399]]

result, the windowpane flounder AMs we implemented for fishing year 
2014 are likely having an even greater economic impact on the fleet 
than anticipated in Framework 47 due to the loss of the opportunity to 
fish for winter flounder. At the request of some industry members, the 
Council agreed to review the windowpane flounder AMs in Framework 52 to 
see if they could be modified in a way that still corrects the overage 
and mitigates the effects of the overage but also reduces the economic 
costs to industry.

Framework 52

    Framework 52 would modify the current AMs for southern and northern 
windowpane flounder by allowing NMFS to update survey and catch 
information to better determine the most appropriate AM in correlation 
to the conditions of the stock or whether the applicable catch limits 
were exceeded. This action proposes two alternatives that would reduce 
the scope of the northern or southern windowpane flounder AM in size or 
duration if: (1) The stock is rebuilt and it can be determined that 
there were improvements in windowpane flounder stock health; or (2) the 
fishery remains within its catch limits the year following an overage. 
These alternatives are not mutually exclusive and could be used within 
the same fishing year. The proposed measures are intended to help 
prevent overfishing and rebuild overfished stocks while reducing 
economic impacts, using the best scientific information available.

Reducing the Size of the AM After Analyzing Recent Survey and Catch 
Data

    The first alternative proposes to reduce the scope of the AM gear 
restricted area from large to small if the stock is rebuilt and we can 
determine that the windowpane flounder ``biomass criterion'' is greater 
than the catch from the most recent fishing year. In this case, the 
biomass criterion is defined as the 3-year average of the three most 
recent fall scientific surveys multiplied by 75 percent of the 
Fmsy from the most recent stock assessment. Meeting or 
exceeding the biomass criterion indicates that overfishing was likely 
not occurring and that large AM areas could be reduced (i.e., the small 
AM is sufficient to correct and mitigate the effects of the overage 
because the consequences of the overage on the stock are likely less 
than previously assumed). Additional information on the biomass 
criterion can be found in Appendix 1 to the Framework 52 environmental 
assessment.
    This change would incorporate a review of recent survey catch data 
and a comparison of the trends in survey catch to the actual commercial 
catch to ensure that the correct AM gear restricted area is 
implemented. Reviewing additional survey data would allow managers to 
better account for uncertainties in the index-based stock assessment 
model that is used because it relates any potential overage in catch 
back to the biomass and catch trends used in the stock assessment. This 
action does not change the actual gear restricted area AMs developed 
under Framework 47.

Reducing the Duration of an AM In-Season If a Subsequent Overage Does 
Not Occur

    As explained above, AMs must be implemented as soon as possible 
after an overage is identified to correct the operational issue 
causing, or mitigate any biological consequences from, the overage. 
Because stock allocations are divided among several different 
fisheries, as well as other fishery sub-components that do not actually 
receive an allocation (e.g., state-waters fisheries), we need to 
include catch by all groups prior to verifying where the catch limit 
was exceeded. We do not receive year-end data from the other sub-
component fisheries until late summer.
    Once we receive complete catch information in late August/early 
September, an AM implemented in year 3 (following an overage in year 1 
and an underage in year 2) could be shortened by removing it in season, 
consistent with the Administrative Procedure Act. This alternative 
would provide an incentive for industry to modify its fishing behavior 
in an effort to reduce the duration of an AM in year 3, and remove the 
need for continuing an AM. Furthermore, because this option does not 
require a pound for pound payback, and because the underage could be 
due to a reduction in stock size, the reduced catch expected to result 
from the delay in removing an implemented AM in year 3 would provide an 
additional buffer against any such remaining management uncertainty.
    This alternative is not applicable if, utilizing reliable catch 
data (such as observed discards), we determine that the current 
season's windowpane flounder catch limit has been exceeded because it 
would be inconsistent for us to remove an AM in-season while planning 
for an AM the following year.

Changes to Fishing Year 2014 AMs

    For northern windowpane flounder, neither of the alternatives would 
apply to the fishing year 2014 Georges Bank gear restricted area AM. 
This is because the northern windowpane flounder stock is considered 
overfished, subject to overfishing, and because catch limits for this 
stock were exceeded in fishing years 2012 and 2013 (Tables 1 and 3). 
However, the southern windowpane flounder stock is not overfished or 
subject to overfishing, is rebuilt, and an initial review shows that 
the biomass criterion is greater than the fishing year 2013 catch. This 
information indicates that we would be able to reduce the size of the 
Southern New England/Mid-Atlantic gear restricted area AM from large to 
small. The southern windowpane flounder catch limit was exceeded in 
fishing year 2013, so the second alternative criterion is not met and 
we would be unable to remove the small AM restricted gear area mid-
season (Table 3).

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Regulatory Correction Under Regional Administrator Authority

    To clarify the intent of Framework 47, this rule would change the 
regulatory text at 50 CFR 648.90(a)(5)(i)(D)(1), 648.90(a)(5)(i)(D)(2), 
and 648.90(a)(5)(i)(D)(3) to explain that a large AM area is 
implemented if the overage is greater than 20 percent of the overall 
annual catch limit. While reviewing the regulations for windowpane 
flounder AMs, we discovered that the regulations detailing the large 
and small AMs for windowpane flounder, ocean pout, Atlantic halibut, 
and Atlantic wolffish were different than approved in Framework 47. The 
current regulations incorrectly state that a small AM is implemented if 
an overage is between 5 and 20 percent of the overall annual catch 
limit and a large AM is implemented if the overage is 21 percent or 
more. This mistakenly leaves a void between 20 and 21 percent. The 
Council also stipulated in Framework 48 that any overage greater than 
20 percent would require a review of the AM for Atlantic halibut and 
Atlantic wolffish. This provision was not part of Framework 47 when AMs 
were established for windowpane flounder and ocean pout and is being 
removed from Sec.  648.90(a)(5)(i)(D)(1). Lastly, the regulations 
currently state that a large AM area is implemented for both Atlantic 
halibut and Atlantic wolffish if the overall ACL is exceeded by more 
than 20 percent. This is incorrect; there are no large or small AM 
areas for Atlantic halibut and Atlantic wolffish, only specific trawl 
and fixed gear AMs that are applied when there is an overage greater 
than the management uncertainty buffer.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has made a preliminary determination that 
this proposed rule is consistent with Framework 52, other provisions of 
the Magnuson-Stevens Act, and other applicable law. In making the final 
determination, NMFS will consider the data, views, and comments 
received during the public comment period.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866.
    This proposed rule does not contain policies with Federalism or 
``takings'' implications as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    An Initial Regulatory Flexibility Analysis (IRFA) was prepared for 
this proposed rule, as required by section 603 of the Regulatory 
Flexibility Act, 5 U.S.C. 603. The IRFA includes this section of the 
preamble to this rule and analyses contained in Framework 52 and its 
accompanying EA/RIR/IRFA. The IRFA describes the economic impact that 
this proposed rule would have on small entities, if adopted. A 
description of the action, why it is being considered, and the legal 
basis for this action are contained in Framework 52, the beginning of 
this section (SUPPLEMENTARY INFORMATION) in the preamble, and in the 
SUMMARY section of the preamble. A copy of the full analysis is 
available from the Council (see ADDRESSES). A summary of the IRFA 
follows.

Description and Estimate of the Number of Small Entities To Which the 
Proposed Rule Would Apply

    A detailed description of the small entities that may be affected 
by this action can be found in the Framework 52 Environmental 
Assessment in section 8.11.2.4. Small entities include ``small 
businesses,'' ``small organizations,'' and ``small governmental 
jurisdictions.'' The U.S. Small Business Administration (SBA) has 
established size standards for all major industry sectors in the U.S. 
including commercial finfish harvesters, commercial shellfish 
harvesters, other commercial marine harvesters, for-hire businesses, 
marinas, seafood dealers/wholesalers, and seafood processors.
    A small business is defined by the SBA as one that is:
     Independently owned and operated;
     not dominant in its field of operation (including its 
affiliates);
     has combined annual receipts not in excess of
    [cir] $20.5 million for all its affiliated operations worldwide for 
commercial finfish harvesting;
    [cir] $5.5 million for all its affiliated operations worldwide for 
commercial shellfish harvesting; or
    [cir] $7.5 million for other marine harvesters, for-hire 
businesses, and other related entities; and
     has fewer than
    [cir] 500 employees in the case of seafood processors; or
    [cir] 100 employees in the case of seafood dealers.

A small organization is any not-for-profit enterprise that is 
independently owned and operated and is not dominant in its field. 
Small governmental jurisdictions are governments of cities, boroughs, 
counties, towns, townships, villages, school districts, or special 
districts, with population of fewer than 50,000.
    This proposed action impacts commercial fish harvesting entities 
engaged in the Northeast multispecies limited access fishery. A 
description of the specific permits that are likely to be impacted is 
included below for informational purposes, followed by a discussion of 
the impacted businesses (ownership entities), which can include 
multiple vessels and/or permit types. For the purposes of the RFA 
analysis, the ownership entities (not the individual vessels) are 
considered to be the regulated entities.

Limited Access Groundfish Fishery

    The limited access groundfish fisheries are further sub-classified 
as those enrolled in the sector allocation program and those in the 
common pool. Sector vessels are subject to sector-level stock-specific 
allocations that limit catch of allocated groundfish stocks. AMs 
include a prohibition on fishing inside designated areas once 100 
percent of available sector allocation has been caught, as well as 
area-based gear and effort restrictions that are triggered when catch 
of non-allocated groundfish stocks exceeds the catch limits. Common 
pool vessels are subject to various days-at-sea and trip limits 
designed to keep catches below the limits set for vessels enrolled in 
this program. In general, sector-enrolled businesses rely more heavily 
on sales of groundfish species than common pool-enrolled vessels. All 
limited access multispecies permit holders are eligible to participate 
in the sector allocation program; however, many permit holders select 
to remain in the common pool fishery.
    As of May 1, 2014 (beginning of fishing year 2014) there were 1,046 
individual limited access multispecies permits. A total of 613 of these 
permits were enrolled in the sector program and 433 were enrolled in 
the common pool. Of these 1,046 limited access multispecies permits, 
767 had landings of any species and 414 had groundfish landings in 
fishing year 2013.

Ownership Entities

    Individually-permitted vessels may hold permits for several 
fisheries, harvesting species of fish that are regulated by several 
different fishery management plans, even beyond those impacted by the 
proposed action. Furthermore, multiple permitted vessels and/or permits 
may be owned by entities affiliated by stock ownership, common 
management, identity of interest, contractual relationships or economic 
dependency. For the purposes

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of this analysis, ownership entities are defined as those entities with 
common ownership personnel as listed on permit application 
documentation. Only permits with identical ownership personnel are 
categorized as an ownership entity. For example, if five permits have 
the same seven personnel listed as co-owners on their application 
paperwork, those seven personnel form one ownership entity, covering 
those five permits. If one or several of the seven owners also own 
additional vessels, with sub-sets of the original seven personnel or 
with new co-owners, those ownership arrangements are deemed to be 
separate ownership entities for the purpose of this analysis.
    Ownership entities are identified on June 1st of each year based on 
the list of all permit numbers, for the most recent complete calendar 
year, that have applied for any type of Northeast Federal fishing 
permit. The current ownership data set is based on calendar year 2013 
permits and contains average gross sales associated with those permits 
for calendar years 2011 through 2013.
    Matching the potentially impacted permits described above (fishing 
year 2014) to the calendar year 2013 ownership data results in 868 
distinct ownership entities. Of these, 855 are categorized as small and 
13 are categorized as large entities per the SBA guidelines.
    These totals may mask some diversity among the entities. Many, if 
not most, of these ownership entities maintain diversified harvest 
portfolios, obtaining gross sales from many fisheries and not dependent 
on any one. However, not all are equally diversified. Those that depend 
most heavily on sales from harvesting species impacted directly by the 
proposed action are most likely to be affected. By defining dependence 
as deriving greater than 50 percent of gross sales from sales of 
regulated species associated with a specific fishery, we are able to 
identify those ownership groups most likely to be impacted by the 
proposed regulations. Using this threshold, we find that 114 entities 
are groundfish-dependent, all of which are small and all of which are 
finfish commercial harvesting businesses. Of the 114 groundfish-
dependent entities, 102 have some level of participation in the sector 
program and 12 operate exclusively in the common pool.

Economic Impacts of the Proposed Measures and Alternatives

    The proposed action is expected to have generally positive economic 
impacts, and we do not expect the action to put small entities at a 
competitive disadvantage relative to large entities. Impacts on 
profitability from the proposed action are likely to positively affect 
both small and large entities in a broadly similar manner.
    This IRFA analysis is intended to analyze the impacts of the 
alternatives described in section 4.1 of Framework 52 on small 
entities. The proposed action alters the criteria for triggering AMs 
for windowpane flounder, and may result in either smaller AM gear 
restricted areas (i.e., duration or size) in the Southern New England 
or Georges Bank gear restricted areas or an increased likelihood that a 
triggered AM in either/both areas could be removed in-season once catch 
information from the previous year is made available. These provisions 
are expected to positively impact profitability of small entities 
regulated by this action.
    The proposed action is expected to result in either a lower 
probability of an AM remaining in place for a given year or a smaller 
gear restricted area (i.e., duration or time). In all cases, the 
proposed action is expected to have positive economic impacts to small 
groundfish-dependent entities relative to the no action alternative. A 
more detailed discussion of the expected economic and social impacts 
can be found in sections 7.4 and 7.5 of the Framework 52 environmental 
assessment.

Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements of the Proposed Rule

    The Framework 52 proposed rule is not expected to create any 
additional reporting, recordkeeping or other compliance requirements.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: November 6, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons stated in the preamble, 50 CFR part 648 is proposed 
to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.

0
a. In Sec.  648.90, revise paragraphs (a)(5)(i)(D)(1), (a)(5)(i)(D)(2) 
and (a)(5)(i)(D)(3), add paragraphs (a)(5)(i)(D)(1)(i) and 
(a)(5)(i)(D)(1)(ii), to read as follows:


Sec.  648.90  NE multispecies assessment, framework procedures and 
specifications, and flexible area action system.

* * * * *
    (a) * * *
    (5) * * *
    (i) * * *
    (D) * * *
    (1) Windowpane flounder and ocean pout--Unless otherwise specified 
in paragraphs (a)(5)(i)(D)(1)(i) and (ii) of this section, if NMFS 
determines the total catch exceeds the overall ACL for either stock of 
windowpane flounder or ocean pout, as described in this paragraph 
(a)(5)(i)(D)(1), by any amount greater than the management uncertainty 
buffer up to 20 percent greater than the overall ACL, the applicable 
small AM area for the stock shall be implemented, as specified in 
paragraph (a)(5)(i)(D) of this section consistent with the 
Administrative Procedure Act. If the overall ACL is exceeded by more 
than 20 percent, the applicable large AM area(s) for the stock shall be 
implemented, as specified in paragraph (a)(5)(i)(D) of this section 
consistent with the Administrative Procedure Act. The AM areas defined 
below are bounded by the following coordinates, connected in the order 
listed by rhumb lines, unless otherwise noted. Vessels fishing with 
trawl gear in these areas may only use a haddock separator trawl, as 
specified in Sec.  648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in 
Sec.  648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in 
Sec.  648.84(e); or any other gear approved consistent with the process 
defined in Sec.  648.85(b)(6). If an overage of the overall ACL for 
southern windowpane flounder is as a result of an overage of the sub-
ACL allocated to exempted fisheries pursuant to paragraph 
(a)(4)(iii)(F) of this section, the applicable AM area(s) shall be in 
effect for any trawl vessel fishing with a codend mesh size of greater 
than or equal to 5 inches (12.7 cm) in other, non-specified sub-
components of the fishery, including, but not limited to, exempted 
fisheries that occur in Federal waters and fisheries harvesting 
exempted species specified in Sec.  648.80(b)(3). If an overage of the 
overall ACL for southern windowpane flounder is as a result of an 
overage of the sub-ACL allocated to the groundfish fishery pursuant to 
paragraph (a)(4)(iii)(H)(2) of this section, the applicable AM area(s) 
shall be in effect for any limited access NE multispecies permitted 
vessel fishing on a NE multispecies DAS or sector trip. If an overage 
of the overall ACL for southern windowpane flounder is as a result of 
overages of both the groundfish fishery

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and exempted fishery sub-ACLs, the applicable AM area(s) shall be in 
effect for both the groundfish fishery and exempted fisheries. If a 
sub-ACL for either stock of windowpane flounder or ocean pout is 
allocated to another fishery, consistent with the process specified at 
Sec.  648.90(a)(4), and there are AMs for that fishery, the groundfish 
fishery AM shall only be implemented if the sub-ACL allocated to the 
groundfish fishery is exceeded (i.e., the sector and common pool catch 
for a particular stock, including the common pool's share of any 
overage of the overall ACL caused by excessive catch by other sub-
components of the fishery pursuant to Sec.  648.90(a)(5) exceeds the 
common pool sub-ACL) and the overall ACL is also exceeded.

        Northern Windowpane Flounder and Ocean Pout Small AM Area
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  41[deg]10'           67[deg]40'
2..............................  41[deg]10'           67[deg]20'
3..............................  41[deg]00'           67[deg]20'
4..............................  41[deg]00'           67[deg]00'
5..............................  40[deg]50'           67[deg]00'
6..............................  40[deg]50'           67[deg]40'
1..............................  41[deg]10'           67[deg]40'
------------------------------------------------------------------------


        Northern Windowpane Flounder and Ocean Pout Large AM Area
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  42[deg]10'           67[deg]40'
2..............................  42[deg]10'           67[deg]20'
3..............................  41[deg]00'           67[deg]20'
4..............................  41[deg]00'           67[deg]00'
5..............................  40[deg]50'           67[deg]00'
6..............................  40[deg]50'           67[deg]40'
1..............................  42[deg]10'           67[deg]40'
------------------------------------------------------------------------


        Southern Windowpane Flounder and Ocean Pout Small AM Area
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  41[deg]10'           71[deg]30'
2..............................  41[deg]10'           71[deg]20'
3..............................  40[deg]50'           71[deg]20'
4..............................  40[deg]50'           71[deg]30'
1..............................  41[deg]10'           71[deg]30'
------------------------------------------------------------------------


       Southern Windowpane Flounder and Ocean Pout Small AM Area 1
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  41[deg]10'           71[deg]50'
2..............................  41[deg]10'           71[deg]10'
3..............................  41[deg]00'           71[deg]10'
4..............................  41[deg]00'           71[deg]20'
5..............................  40[deg]50'           71[deg]20'
6..............................  40[deg]50'           71[deg]50'
1..............................  41[deg]10'           71[deg]50'
------------------------------------------------------------------------


       Southern Windowpane Flounder and Ocean Pout Large AM Area 2
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  (\1\)                73[deg]30'
2..............................  40[deg]30'           73[deg]30'
3..............................  40[deg]30'           73[deg]50'
4..............................  40[deg]20'           73[deg]50'
5..............................  40[deg]20'           (\2\)
6..............................  (\3\)                73[deg]58.5'
7..............................  (\4\)                73[deg]58.5'
8..............................  40[deg]32.6' \5\     73[deg]56.4' \5\
1..............................  (\1\)                73[deg]30'
------------------------------------------------------------------------
\1\ The southernmost coastline of Long Island, NY, at 73[deg]30' W.
  longitude.
\2\ The easternmost coastline of NJ at 40[deg]20' N. latitude, then
  northward along the NJ coastline to Point 6.
\3\ The northernmost coastline of NJ at 73[deg]58.5' W. longitude.
\4\ The southernmost coastline of Long Island, NY at 73[deg]58.5' W.
  longitude.
\5\ The approximate location of the southwest corner of the Rockaway
  Peninsula, Queens, NY, then eastward along the southernmost coastline
  of Long Island, NY (excluding South Oyster Bay), back to Point 1.

    (i) Reducing the size of an AM. If the overall northern or southern 
windowpane flounder ACL is exceeded by more than 20 percent and NMFS 
determines that: The stock is rebuilt, and the biomass criterion, as 
defined by the Council, is greater than the most recent fishing year's 
catch, then only the respective small AM may be implemented as 
described in paragraph (a)(5)(i)(D)(1) of this section consistent with 
the Administrative Procedure Act.
    (ii) Reducing the duration of an AM. If the northern or southern 
windowpane flounder AM is implemented in the third fishing year 
following the year of an overage, as described in paragraph 
(a)(5)(i)(D) of this section, and NMFS subsequently determines that the 
applicable windowpane flounder ACL was not exceeded by any amount the 
year immediately after which the overage occurred (i.e., the second 
year), on or after September 1, the AM can be removed once year-end 
data are complete. This reduced duration does not apply if NMFS 
determines during year 3 that a year 3 overage of the applicable 
windowpane flounder ACL has occurred.
    (2) Atlantic halibut. If NMFS determines the overall ACL for 
Atlantic halibut is exceeded, as described in this paragraph 
(a)(5)(i)(D)(2), by any amount greater than the management uncertainty 
buffer, the applicable AM areas shall be implemented and any vessel 
issued a NE multispecies permit or a limited access monkfish permit and 
fishing under the monkfish Category C or D permit provisions, may not 
fish for, possess, or land Atlantic halibut for the fishing year in 
which the AM is implemented, as specified in paragraph (a)(5)(i)(D) of 
this section. If the overall ACL is exceeded by more than 20 percent, 
the applicable AM area(s) for the stock shall be implemented, as 
specified in paragraph (a)(5)(i)(D) of this section, and the Council 
shall revisit the AM in a future action. The AM areas defined below are 
bounded by the following coordinates, connected in the order listed by 
rhumb lines, unless otherwise noted. Any vessel issued a limited access 
NE multispecies permit and fishing with trawl gear in the Atlantic 
Halibut Trawl Gear AM Area may only use a haddock separator trawl, as 
specified in Sec.  648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in 
Sec.  648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in 
Sec.  648.84(e); or any other gear approved consistent with the process 
defined in Sec.  648.85(b)(6). When in effect, a limited access NE 
multispecies permitted vessel with gillnet or longline gear may not 
fish or be in the Atlantic Halibut Fixed Gear AM Areas, unless 
transiting with its gear stowed in accordance with Sec.  648.23(b), or 
such gear was approved consistent with the process defined in Sec.  
648.85(b)(6). If a sub-ACL for Atlantic halibut is allocated to another 
fishery, consistent with the process specified at Sec.  648.90(a)(4), 
and there are AMs for that fishery, the groundfish fishery AM shall 
only be implemented if the sub-ACL allocated to the groundfish fishery 
is exceeded (i.e., the sector and common pool catch for a particular 
stock, including the common pool's share of any overage of the overall 
ACL caused by excessive catch by other sub-components of the fishery 
pursuant to Sec.  648.90(a)(5) exceeds the common pool sub-ACL) and the 
overall ACL is also exceeded.

                   Atlantic Halibut Trawl Gear AM Area
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  42[deg]00'           69[deg]20'
2..............................  42[deg]00'           68[deg]20'
3..............................  41[deg]30'           68[deg]20'
4..............................  41[deg]30'           69[deg]20'
------------------------------------------------------------------------


[[Page 68404]]


                  Atlantic Halibut Fixed Gear AM Area 1
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  42[deg]30'           70[deg]20'
2..............................  42[deg]30'           70[deg]15'
3..............................  42[deg]20'           70[deg]15'
4..............................  42[deg]20'           70[deg]20'
------------------------------------------------------------------------


                  Atlantic Halibut Fixed Gear AM Area 2
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  43[deg]10'           69[deg]40'
2..............................  43[deg]10'           69[deg]30'
3..............................  43[deg]00'           69[deg]30'
4..............................  43[deg]00'           69[deg]40'
------------------------------------------------------------------------

    (3) Atlantic wolffish. If NMFS determines the overall ACL for 
Atlantic wolffish is exceeded, as described in this paragraph 
(a)(5)(i)(D)(3), by any amount greater than the management uncertainty 
buffer, the applicable AM areas shall be implemented, as specified in 
paragraph (a)(5)(i)(D) of this section. If the overall ACL is exceeded 
by more than 20 percent, the applicable AM area(s) for the stock shall 
be implemented, as specified in paragraph (a)(5)(i)(D) of this section, 
and the Council shall revisit the AM in a future action. The AM areas 
defined below are bounded by the following coordinates, connected in 
the order listed by rhumb lines, unless otherwise noted. Any vessel 
issued a limited access NE multispecies permit and fishing with trawl 
gear in the Atlantic Wolffish Trawl Gear AM Area may only use a haddock 
separator trawl, as specified in Sec.  648.85(a)(3)(iii)(A); a Ruhle 
trawl, as specified in Sec.  648.85(b)(6)(iv)(J)(3); a rope separator 
trawl, as specified in Sec.  648.84(e); or any other gear approved 
consistent with the process defined in Sec.  648.85(b)(6). When in 
effect, a limited access NE multispecies permitted vessel with gillnet 
or longline gear may not fish or be in the Atlantic Wolffish Fixed Gear 
AM Areas, unless transiting with its gear stowed in accordance with 
Sec.  648.23(b), or such gear was approved consistent with the process 
defined in Sec.  648.85(b)(6). If a sub-ACL for Atlantic wolffish is 
allocated to another fishery, consistent with the process specified at 
Sec.  648.90(a)(4), and AMs are developed for that fishery, the 
groundfish fishery AM shall only be implemented if the sub-ACL 
allocated to the groundfish fishery is exceeded (i.e., the sector and 
common pool catch for a particular stock, including the common pool's 
share of any overage of the overall ACL caused by excessive catch by 
other sub-components of the fishery pursuant to Sec.  648.90(a)(5) 
exceeds the common pool sub-ACL) and the overall ACL is also exceeded.

                  Atlantic Wolffish Trawl Gear AM Area
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  42[deg]30'           70[deg]30'
2..............................  42[deg]30'           70[deg]15'
3..............................  42[deg]15'           70[deg]15'
4..............................  42[deg]15'           70[deg]10'
5..............................  42[deg]10'           70[deg]10'
6..............................  42[deg]10'           70[deg]20'
7..............................  42[deg]20'           70[deg]20'
8..............................  42[deg]20'           70[deg]30'
------------------------------------------------------------------------


                 Atlantic Wolffish Fixed Gear AM Area 1
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  41[deg]40'           69[deg]40'
2..............................  41[deg]40'           69[deg]30'
3..............................  41[deg]30'           69[deg]30'
4..............................  41[deg]30'           69[deg]40'
------------------------------------------------------------------------


                 Atlantic Wolffish Fixed Gear AM Area 2
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  42[deg]30'           70[deg]20'
2..............................  42[deg]30'           70[deg]15'
3..............................  42[deg]20'           70[deg]15'
4..............................  42[deg]20'           70[deg]20'
------------------------------------------------------------------------

* * * * *
[FR Doc. 2014-27084 Filed 11-14-14; 8:45 am]
BILLING CODE 3510-22-P