Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Framework Adjustment 52, 2021-2028 [2015-00417]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 80, Number 10 (Thursday, January 15, 2015)]
[Rules and Regulations]
[Pages 2021-2028]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00417]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140507412-5014-02]
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: Final rule.

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SUMMARY: NMFS has approved Framework Adjustment 52 to the Northeast 
Multispecies Fishery Management Plan. This final rule contains two 
modifications to the current windowpane flounder accountability 
measures. First, the size of the accountability measure gear-restricted 
areas can be reduced if we determine that improvements in windowpane 
flounder stock health occurred despite the catch limits being exceeded. 
Second, the duration of the accountability measure can be shortened if 
we determine that an overage of the catch limit did not occur in the 
year following the overage. This action allows us to implement 
accountability measures based on more current survey and catch data and 
increases fishing opportunities for the groundfish fishery while still 
preventing overfishing.

DATES: This final rule is effective on January 14, 2015.

[[Page 2022]]


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

SUPPLEMENTARY INFORMATION:

Background

    The current accountability measures (AMs) for a windowpane flounder 
catch overage are small and large year-round gear-restricted areas 
(Figure 1). To trigger an AM for windowpane flounder, the overage must 
be greater than the management uncertainty buffer, which is currently 5 
percent. If the overage is between 5 and 20 percent, the Small AM Area 
restriction is triggered. If the overage is more than 20 percent, the 
Large AM Area restriction is triggered. The AMs are stock specific. 
Accordingly, the AM trigger for northern windowpane flounder is based 
on the total northern windowpane flounder catch limit. The Southern New 
England AM trigger is based on southern windowpane flounder catch, but 
is triggered only when both the groundfish-specific and the total 
southern windowpane catch limits are exceeded. This is because southern 
windowpane flounder is allocated to scallop fishermen in addition to 
the catch limits that govern groundfish fishermen.
    When the windowpane flounder AMs are triggered, bottom-trawl 
vessels fishing in the applicable Small or Large AM Area are required 
to use selective trawl gear, such as the haddock separator or Ruhle 
trawl. The windowpane flounder AMs are implemented at the start of a 
fishing year after an overage is identified. Neither longline nor 
gillnet gear are restricted because these gear types comprise a small 
amount of the total catch of these stocks. Sectors cannot request an 
exemption from the AMs, because the AMs are meant to apply to all 
groundfish fishing activity, common pool and sector vessels alike.
    In fishing year 2012, the northern windowpane flounder catch limit 
was exceeded by 28 percent and the southern windowpane flounder catch 
limit was exceeded by 36 percent. Because both of these overages 
exceeded 20 percent, the large gear-restricted areas were triggered as 
AMs. Because the overages were not identified until mid-way through 
fishing year 2013, the AMs were made effective for the 2014 fishing 
year (starting May 1, 2014). The northern windowpane flounder catch 
limit was also exceeded in fishing year 2013 and, because we received 
this information in fishing year 2013, this triggered the same 2014 AM 
that was triggered due to overages in fishing year 2012.
    The initial windowpane flounder AMs were approved in Framework 47 
(77 FR 26104; May 2, 2012), and the accompanying environmental 
assessment for that action estimated the economic costs from these AMs 
to be as much as $15 million. Since then, several substantial 
reductions in catch limits for many key groundfish stocks have made 
many groundfish vessels more reliant on some flatfish species, 
particularly winter flounder. Since winter flounder and windowpane 
flounder are intermixed, the windowpane flounder AMs are having a 
considerable adverse economic impact on the fleet. To mitigate these 
impacts, the New England Fishery Management Council developed Framework 
52 to modify the current AMs to sufficiently account for an overage of 
windowpane flounder while reducing the economic costs to industry 
without sacrificing conservation benefits.
    Additional information on the windowpane flounder AMs, including 
how they were developed and are implemented, can be reviewed online at 
www.greateratlantic.fisheries.noaa.gov/nero/regs/frdoc/12/12MulFW47FR.pdf, as well as in the final rule for Framework 47 and the 
proposed rule for this action (79 FR 68396; November 17, 2014).

[[Page 2023]]

[GRAPHIC] [TIFF OMITTED] TR15JA15.000

Approved Measures

    Framework 52 modifies the current AMs for southern and northern 
windowpane flounder by allowing us 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. Framework 52 contains two measures 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 measures are not mutually exclusive and can be used within the 
same fishing year. This action will 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

    AMs are management controls to prevent annual catch limits from 
being exceeded and to correct or mitigate catch overages. The first 
measure reduces the size of the AM area restriction from large to small 
if two criteria are met: (1) The stock is considered rebuilt; and (2) 
the ``biomass criterion'' is greater than the fishing year catch. 
``Biomass criterion'' is defined as the 3-year average of the catch per 
tow from the three most recent fall surveys multiplied by 75 percent of 
Fmsy (fishing mortality at maximum sustainable yield) of the 
most recent stock assessment. If the biomass criterion is greater than 
the fishing year catch, it suggests the Large AM Area is unnecessary 
because the impacts of the overage on the stock may not be as 
substantial as originally expected. In other words, we can reduce the 
AM from the Large to the Small AM Area to mitigate the overage in a way 
that takes into account a greater biomass in relation to fishing 
effort.
    Importantly, this scenario applies to the fishing year 2012 
southern windowpane flounder overage and the current southern 
windowpane flounder AM, which became effective on May 1, 2014 (see page 
I-5 of Appendix 1 of the Framework 52 Environmental Assessment, which 
is available online at www.greateratlantic.fisheries.noaa.gov/regs/2014/November/14mulfw52appendixi.pdf). As a result, the southern 
windowpane flounder Large AM Area gear-restriction currently in place 
in Southern New England is reduced to the Small AM Area for the 
remainder of fishing year 2014 (i.e., through April 30, 2015).

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

    The second measure is early removal of an AM if we determine that 
the

[[Page 2024]]

fishery remained within its total catch limit the year following an 
overage. In addition to mitigating biological consequences, AMs should 
correct operational issues that cause overages. This measure seeks to 
use operational corrections proportional to updated fishing activity. 
We do not receive year-end data (from fishing year 1) for the other 
sub-component fisheries that catch windowpane flounder until several 
months into the next fishing year (year 2). If there is an overage due 
to this late data, we implement an AM at the start of the following 
fishing year (year 3). With regards to the second criterion, once we 
receive complete year 2 catch information in late August/early 
September (of year 3), if we identify that there was an underage in 
year 2, we would shorten the duration of an AM by removing it in-season 
during year 3. Because of the delay in receiving data from the other 
sub-components of the fishery, we would not remove the AM before 
September 1; therefore, the AM would remain in place for a minimum of 4 
months. The shorter duration ensures accountability but also recognizes 
the fishery may have corrected the operational issue that caused the 
overage in year 1. This criterion does not apply to the current fishing 
year 2014 AMs because fishing year 2013 (year 2) catch limits for both 
southern and northern windowpane flounder stocks were not 
underharvested.
    The second measure also stipulates that the AM would not be removed 
if we determine there is a subsequent overage in year 3. A second 
overage in three years suggests that management measures, including 
AMs, should be revisited and modified, or, that whatever changes the 
fishery made independently in year 2 to reduce catch were ineffective 
in year 3, and that the AM is warranted.

Regulatory Correction Under Regional Administrator Authority

    To clarify the intent of Framework 47, this rule changes 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 clarify 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 inadvertently also added to the 
AMs established for windowpane flounder and ocean pout. This action 
removes this provision from Sec.  648.90(a)(5)(i)(D)(1) to be 
consistent with Council intent. 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.

Comments and Responses on Measures Proposed in the Framework 52 
Proposed Rule

    We received five comments on the Framework 52 proposed rule. Public 
comments were submitted by the Associated Fisheries of Maine, Northeast 
Seafood Coalition, and two commercial fishermen. Only comments that 
were applicable to the proposed measures are responded to below. 
Consolidated responses are provided to similar comments on the proposed 
measures.
    Comment 1: The Associated Fisheries of Maine, Northeast Seafood 
Coalition, and two commercial fishermen generally support Framework 52. 
Two of the commenters stressed an immediate need for economic relief 
from the current AMs.
    Response 1: We agree with these comments and are approving 
Framework 52. We have worked to expeditiously review and implement 
Framework 52 because this action will increase fishing opportunities 
for the groundfish fishery while preventing overfishing.
    Comment 2: One individual opposes the use of AMs, particularly area 
closures and gear restrictions, claiming that such effort controls are 
an ``unacceptable setback,'' in a quota-controlled fishery, and that 
sector rules and management plans should be utilized to deal with 
challenges such as this.
    Response 2: Ideally, the fishery would never exceed its catch 
limits and AMs would never be implemented. However, AMs are required by 
statute to account for overharvesting or to reduce the potential for 
future overharvests, and are necessary when the current management 
measures are not properly controlling catch. While sectors do not 
directly receive an allocation of northern or southern windowpane 
flounder, we provide sector managers with current catch data for 
allocated and non-allocated groundfish stocks, such as windowpane 
flounder. Nothing is preventing sector managers and members from 
working together to reduce the groundfish industry's catch of 
windowpane flounder and prevent them from exceeding the groundfish 
allocation. Sectors could develop a solution to this problem and we 
encourage them to do so.
    Comment 3: The Northeast Seafood Coalition states that Framework 52 
or 53 should have included a sub-allocation of northern windowpane 
flounder for the scallop fishery so that groundfish fishermen are 
accountable only for their own catch and not a potential overage caused 
by scallop vessels. The Coalition argues that any fishery that 
contributes a substantial source of fishing mortality should have its 
own allocation and AM, otherwise the system is inequitable and attempts 
to limit catch become futile. The Coalition has asked NMFS and the 
Council to address this issue.
    Response 3: The Council considered, but decided not to include, a 
separate northern windowpane flounder allocation and AM for scallop 
vessels in Framework 53. Recognizing that this is an issue that should 
be addressed, the Council has tasked the Groundfish Plan Development 
Team to further investigate this and additional windowpane flounder 
management issues.
    Although we understand the Coalition's concerns, the groundfish 
fishery exceeded its own sub-allocation for both northern and southern 
windowpane flounder in fishing years 2012 and 2013. In fact, the 
groundfish fishery itself exceeded the total catch limit for northern 
windowpane flounder in fishing year 2013. So, while allocating some 
northern windowpane flounder to the scallop fishery and designing an AM 
for the scallop fishery (similar to southern windowpane flounder) may 
increase accountability for scallop vessels, the groundfish fishery 
would still need to closely monitor and reduce its catch of windowpane 
flounder to avoid exceeding its allocation and potentially triggering 
an AM.
    Comment 4: The Northeast Seafood Coalition argues that windowpane

[[Page 2025]]

flounder AMs are triggered by mistakenly low allocations that are the 
result of underestimated stock sizes. The Coalition supports new 
assessment methods for low-value, non-commercial stocks such as 
windowpane flounder.
    Response 4: The first component of Framework 52 is a provision that 
allows us to further examine the most recent survey and catch data to 
determine whether the stock size could have been underestimated. This 
action addresses part of the Coalition's concerns. Furthermore, the 
Northeast Fisheries Science Center will conduct a stock assessment 
update on windowpane flounder next year.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that the management 
measures implemented in this final rule are consistent with the 
Northeast Multispecies Fishery Management Plan, the Magnuson-Stevens 
Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866.
    This final rule does not contain policies with Federalism or 
``takings'' implications as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    The Assistant Administrator for Fisheries finds good cause, under 
authority contained in 5 U.S.C. 553(d)(1), to waive the 30-day delayed 
effectiveness of this action. Delaying the implementation of this rule 
would undermine the purpose of the rule, which is to improve access to 
fish stocks without allowing overfishing. Furthermore, any delay would 
reduce the economic benefit the rule provides. Accordingly, a delay is 
contrary to the public's interest. Moreover, the delay in this instance 
is unnecessary because the rule imposes no new requirements on the 
affected entities such that they would need time to change their 
behavior to comply with the rule. Because there are only 4 months left 
in the fishing year, a 30-day delay in implementation of these measures 
would substantially reduce the positive economic impacts that are 
intended by these measures.

Final Regulatory Flexibility Analysis

Introduction

    The Regulatory Flexibility Act (RFA) requires that Federal agencies 
analyze the expected impacts of a rule on small business entities, 
including consideration of disproportionate and/or significant adverse 
economic impacts on small entities that are directly regulated by the 
action. As part of the analysis, Federal agencies must also consider 
alternatives that minimize impacts on small entities while still 
accomplishing the objectives of the rule. The required analysis is used 
to inform the agency, as well as the public, of the expected impacts of 
the various alternatives included in the rule, and to ensure the agency 
considers other alternatives that minimize the expected impacts while 
still meeting the goals and objectives of the action, and that are 
still consistent with applicable law.
    Section 604 of the RFA, 5 U.S.C. 604, requires Federal agencies to 
prepare a Final Regulatory Flexibility Analysis (FRFA) for each final 
rule. Key elements of the FRFA include a summary of significant issues 
raised by public comments, a description of the small entities that 
will be affected by the final rule, and a description of the steps the 
agency has taken to minimize the significant economic impact on small 
entities that includes the reasons for selecting each alternative and 
why other alternatives were not adopted. The FRFA prepared for this 
final rule includes the summary and responses to comments in this rule, 
the analyses contained in Framework 52 and its accompanying 
Environmental Assessment/Regulatory Impact Review/Initial Regulatory 
Flexibility Analysis (IRFA), the IRFA summary in the proposed rule, as 
well as the information provided below.

Summary of Significant Issues Raised in Public Comments

    Our responses to all comments received on the proposed rule can be 
found in the Comments and Responses section of this preamble. Four of 
the comments we received supported the management measures in Framework 
52 because they would reduce the economic impacts of the current AMs. 
No public comments were received on the IRFA prepared for the proposed 
rule. As stated above, we are approving the management measures within 
Framework 52 because they mitigate the economic impacts of the AMs 
while preventing overfishing.

Description and Estimate of the Number of Small Entities to Which the 
Final 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 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

[[Page 2026]]

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 
final 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 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 this 
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 final 
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 This Action

    This final rule 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 this action are likely to positively affect both 
small and large entities in a broadly similar manner.
    This FRFA analysis is intended to analyze the impacts on small 
entities of the alternatives described in section 4.1 of Framework 52. 
This 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.
    This action is expected to result in either a smaller gear 
restricted area or a lower probability of an AM remaining in place for 
a given year (i.e., duration or time). In all cases, this 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 This Action

    This action does not create any additional reporting, 
recordkeeping, or other compliance requirements.

Small Entity Compliance Guide

    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity compliance 
guides.'' The agency shall explain the actions a small entity is 
required to take to comply with a rule or group of rules. As part of 
this rulemaking process, we will send a small entity compliance guide 
to all Federal permit holders affected by this action. In addition, 
copies of this final rule and guide (i.e., information bulletin) are 
available from NMFS online at www.nero.noaa.gov/sfd/sfdmulti.html.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: January 8, 2015.
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 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.  648.90, revise paragraphs (a)(5)(i)(D)(1), (2), and (3) 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

[[Page 2027]]

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 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

[[Page 2028]]

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'
------------------------------------------------------------------------


                  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. 2015-00417 Filed 1-14-15; 8:45 am]
BILLING CODE 3510-22-P