Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Framework Adjustment 56, 28447-28467 [2017-13050]

Download as PDF sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules accompanying approval of a maintenance plan under section 107(d)(3)(E) are actions that affect the status of a geographical area and do not impose any additional regulatory requirements on sources beyond those imposed by state law. A redesignation to attainment does not in and of itself create any new requirements, but rather results in the applicability of requirements contained in the CAA for areas that have been redesignated to attainment. Moreover, the Administrator is required to approve a SIP submission that complies with the provisions of the CAA and applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA’s role is to approve state choices, provided that they meet the criteria of the CAA. Accordingly, this action merely proposes to approve state law as meeting Federal requirements and, if finalized, will not impose additional requirements beyond those imposed by state law. For that reason, these actions: • Are not a ‘‘significant regulatory action’’ subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011); • Do not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.); • Are certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • Do not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • Do not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • Are not economically significant regulatory actions based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • Are not significant regulatory actions subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • Are not subject to requirements of section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the Clean Air Act; and • Do not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 methods, under Executive Order 12898 (59 FR 7629, February 16, 1994). In addition, the SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, this rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), because redesignation is an action that affects the status of a geographical area and does not impose any new regulatory requirements on tribes, impact any existing sources of air pollution on tribal lands, nor impair the maintenance of ozone national ambient air quality standards in tribal lands. List of Subjects 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter. 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: June 2, 2017. Robert Kaplan, Acting Regional Administrator, Region 5. [FR Doc. 2017–13065 Filed 6–21–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 170104014–7014–01] RIN 0648–BG53 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Framework Adjustment 56 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. AGENCY: This action proposes approval of, and regulations to implement, Framework Adjustment 56 to the Northeast Multispecies Fishery Management Plan. This rule would set catch limits for four of the 20 groundfish SUMMARY: PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 28447 stocks, adjust several allocations and accountability measures (AMs) for groundfish catch in non-groundfish fisheries, and make other administrative changes to groundfish management measures. This action is necessary to respond to updated scientific information and achieve the goals and objectives of the Fishery Management Plan. The proposed measures are intended to help prevent overfishing, rebuild overfished stocks, achieve optimum yield, and ensure that management measures are based on the best scientific information available. DATES: Comments must be received by July 7, 2017. ADDRESSES: You may submit comments, identified by NOAA–NMFS–2017–0021, by either of the following methods: • Federal eRulemaking Portal: Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20170021; Click the ‘‘Comment Now!’’ icon and 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 56.’’ 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. All comments we receive 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. We will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). Copies of Framework Adjustment 56, including the draft Environmental Assessment, the Regulatory Impact Review, and the Initial Regulatory Flexibility Analysis prepared by the New England Fishery Management Council (NEFMC) in support of this action are available from Thomas A. Nies, Executive Director, New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The supporting documents are also accessible via the Internet at: https:// www.nefmc.org/management-plans/ northeast-multispecies or https:// www.greateratlantic.fisheries.noaa.gov/ sustainable/species/multispecies. E:\FR\FM\22JNP1.SGM 22JNP1 28448 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, phone: 978–281–9195; email: Aja.Szumylo@noaa.gov. SUPPLEMENTARY INFORMATION: Table of Contents 1. Summary of Proposed Measures 2. Status Determination Criteria for Witch Flounder 3. Fishing Year 2017 Shared U.S./Canada Quotas 4. Catch Limits 5. Allocation of Northern Windowpane Flounder for the Scallop Fishery 6. Revised Threshold for Scallop Accountability Measures 7. Increase to Georges Bank Haddock Catch Limit for the Midwater Trawl Fishery 8. Sector Measures for Fishing Year 2017 9. Fishing Year 2017 Annual Measures Under Regional Administrator Authority 10. Fishing Year 2017 Northern and Southern Windowpane Flounder Accountability Measures 11. Regulatory Corrections Under Regional Administrator Authority sradovich on DSK3GMQ082PROD with PROPOSALS 1. Summary of Proposed Measures This action would implement the management measures in Framework Adjustment 56 to the Northeast Multispecies Fishery Management Plan (FMP). The Council deemed the proposed regulations consistent with, and necessary to implement, Framework 56 in an April 13, 2017, letter from Council Chairman John F. Quinn to Regional Administrator John Bullard. Under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), we are required to publish proposed rules for comment after preliminarily determining whether they are consistent with applicable law. The MagnusonStevens Act permits us to approve, partially approve, or disapprove measures proposed by the Council based on whether the measures are consistent with the fishery management plan, plan amendment, the MagnusonStevens Act and its National Standards, and other applicable law. Otherwise, we must defer to the Council’s policy choices. Some regulations authorize the Regional Administrator to make determinations or implement specifications using procedures consistent with the Administrative Procedure Act. The Magnuson-Stevens Act also authorizes the Regional Administrator to put in place regulations that are necessary to ensure the proper administration of FMP goals and objectives. We are seeking comment on the Council’s proposed measures in Framework 56 and whether they are consistent with the Magnuson-Stevens Act and its National Standards, and VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 other applicable law. Through Framework 56, the Council proposes to: • Set 2017 specifications for three shared U.S./Canada stocks (Eastern Georges Bank (GB) cod, Eastern GB haddock, and GB yellowtail flounder); • Set 2017–2019 specifications for witch flounder; • Establish an allocation of northern windowpane flounder for the scallop fishery; • Revise catch thresholds for implementing the scallop fishery’s accountability measures for GB yellowtail flounder and northern windowpane flounder; and • Increase the GB haddock allocation for the midwater trawl fishery. This action also proposes a number of other measures that are not part of Framework 56, but that may be considered and implemented under our authority specified in the FMP. We are proposing these measures in conjunction with the Framework 56 proposed measures for expediency purposes, and because these measures are related to the catch limits proposed as part of Framework 56. The additional measures proposed in this action are listed below. • Management measures necessary to implement sector operations plans— This action proposes annual catch entitlements for 19 sectors for fishing year 2017 based on final fishing year 2017 sector rosters. • Management measures for the common pool fishery—This action proposes to adjust the fishing year 2017 trip limit for witch flounder for the common pool fishery, related to the proposed change to the witch flounder specifications in this action. • 2017 Accountability measures for windowpane flounder—This action describes accountability measures for northern and southern windowpane flounder that are implemented due to overages of fishing year 2015 catch limits for both stocks. We informed the New England Council of these accountability measures at its September 2016 meeting, and in our September 27, 2016, letter to New England Council Executive Director Thomas Nies, and in our October 7, 2016, letter to Mid-Atlantic Council Executive Director Chris Moore. Given the potential negative economic impact of these measures this year, we are seeking public comment on these type of measures in similar circumstances for the future through this proposed rule. 2. Status Determination Criteria for Witch Flounder The Northeast Fisheries Science Center conducted a witch flounder PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 benchmark assessment in 2016. The final report for the benchmark assessment is available on the NEFSC Web site: https://www.nefsc.noaa.gov/ publications/crd/crd1703/. The assessment peer review panel rejected the 2016 benchmark assessment model for witch flounder. An important source of uncertainty for this assessment is a major retrospective pattern, which causes the model to underestimate fishing mortality and overestimate stock biomass and recruitment. The assessment was unable to identify the cause of the retrospective pattern. The model had other diagnostic issues in addition to the retrospective pattern that indicated the model was a poor fit to the underlying data. There was also an inconsistency between model-based catchability estimates for the Northeast Fishery Science Center trawl surveys and a recent gear catchability experiment. Biomass estimates from the catchability experiment were about four times higher than the biomass estimates from the model at the end of the time series. As part of the review process, the peer review panel evaluated the previous witch flounder benchmark assessment, originally conducted in 2008 and updated in 2012 and 2015. The 2008 benchmark assessment and its updates all supported determinations that the witch flounder stock was overfished, and that overfishing was occurring. The 2016 peer review panel updated the 2008 benchmark as part of its review, and ultimately rejected the update because it showed a large, unexplained retrospective patterns similar to the 2016 benchmark assessment model. The panel recommended that none of these assessments should be used as a basis for determining witch flounder stock status. Given the lack of an assessment model, the peer review panel examined an alternative approach that used sweptarea biomass estimates to generate catch advice. The panel did not have sufficient time to use this approach to fully develop alternative status determination criteria. However, the panel provided recommendations to prevent overfishing. The panel also concluded that stock biomass is at historical low levels based on relative biomass estimates from the alternative approach. In addition, the fishery landings and survey catch indicate truncation of age structure and a reduction in the number of old fish in the population. These are both indicators of poor stock condition. We discuss additional details about the 2016 benchmark assessment results, and the proposed 2017–2019 catch limits for E:\FR\FM\22JNP1.SGM 22JNP1 sradovich on DSK3GMQ082PROD with PROPOSALS Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules witch flounder, in section ‘‘4. Catch Limits.’’ We approved the existing status determination criteria for witch flounder in Amendment 16 to the Northeast Multispecies FMP (75 FR 18261; April 9, 2010). The existing criteria state that the witch flounder stock is subject to overfishing if the fishing mortality rate (F) is above the F at 40 percent of maximum spawning potential. The witch flounder stock is overfished if spawning stock biomass falls below 1⁄2 of the target, which is also calculated using F at 40 percent of maximum spawning potential. This definition was based on the benchmark assessments reviewed during the 3rd Groundfish Assessment Review Meeting (GARM III), completed in August 2008, and is the same as the status determination criteria currently in place for most of the Northeast multispecies stocks with age-based assessments. The Council relied on the advice from the assessment peer review panel and its Scientific and Statistical Committee (SSC) to recommend changing the status determination criteria for witch flounder to unknown. If the status determination criteria are changed to unknown, however, there would be no measurable and objective standards in place against which to judge the status of the witch flounder stock. We propose disapproving the Council’s recommendation, and maintaining the existing criteria until a valid assessment model is available to use for setting new catch limits or for generating new criteria. This is new guidance to the Council, provided after it took final action on Framework 56, and is different than the approach the Council has taken, and that we have approved, for recommending status determination criteria for other groundfish stocks with rejected assessments (e.g., GB yellowtail flounder). Status determination relative to model-based reference points is no longer possible for witch flounder, and we recognize that we do not have fishing mortality and biomass estimates to compare to the existing status determination criteria. In conjunction with the 2017 assessment updates, we will work with the Council to use updated fishery information to develop fishing mortality and biomass estimates and new status determination criteria for this stock. The witch flounder stock was previously listed as subject to overfishing and overfished. Despite the rejection of the recent stock assessments for stock status purposes and lack of numerical estimates of stock size, there is qualitative information in the VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 assessment that supports continuing to list the status as overfished, but changing the overfishing status from subject to overfishing to unknown. The conclusion that the stock is at historical low levels and other signs of poor stock condition, provide reliable indicators that support this stock remaining listed as overfished. Unlike the overfished status, for which we have reliable indicators of stock condition, we do not have reliable indicators for the overfishing status. While we cannot specify an overfishing status determination criterion for this stock, catch for the last five years has been below the ACL. The lack of reliable indicators, the rejection of the recent stock assessment, and the fact that catch has remained below the ACL, support changing the overfishing status of this stock to unknown. In the meantime, we are proposing an acceptable biological catch (ABC) as recommended by the Council, and catch data shows this ABC is expected to prevent overfishing. The limits set from this recommendation are based on historic catch rates and other data that are expected to maintain or improve current biomass levels. There is currently a rebuilding plan in place for witch flounder that has an end date of 2017. We were waiting for the results of the 2016 assessment update, as well as the revisions to the National Standard 1 Guidelines, to provide guidance to the Council regarding how to proceed with the rebuilding plan. Prior to the 2016 assessment, and based on the results of the 2015 assessment update, which found that 2014 spawning stock biomass was at 22 percent of the biomass target, and that the stock was not expected to reach the 2017 rebuilding target even in the absence of fishing mortality, we were anticipating that we would need to notify the Council that it was necessary to revise the rebuilding plan. Although a quantitative status determination relative to the 2016 benchmark assessment results is not possible, there are indications that the stock is still in poor condition, and will continue to need conservative management measures to promote stock growth. Based on what we know of the stock’s condition, the proposed catch limits are designed to maintain or improve current biomass levels. We are finalizing our guidance regarding any necessary adjustments to the rebuilding plan and will advise the Council on the next steps prior to the fall 2017 groundfish assessment updates. Additionally, at whatever point the stock assessment for witch flounder can provide biomass estimates, these estimates can be used to PO 00000 Frm 00038 Fmt 4702 Sfmt 4702 28449 evaluate progress towards the rebuilding targets. 3. Fishing Year Shared 2017 U.S./ Canada Quotas Management of Transboundary Georges Bank Stocks Eastern GB cod, eastern GB haddock, and GB yellowtail flounder are jointly managed with Canada under the United States/Canada Resource Sharing Understanding. Each year, the Transboundary Management Guidance Committee (TMGC), which is a government-industry committee made up of representatives from the U.S. and Canada, recommends a shared quota for each stock based on the most recent stock information and the TMGC’s harvest strategy. The TMGC’s harvest strategy for setting catch levels is to maintain a low to neutral risk (less than 50 percent) of exceeding the fishing mortality limit for each stock. The harvest strategy also specifies that when stock conditions are poor, fishing mortality should be further reduced to promote stock rebuilding. The shared quotas are allocated between the U.S. and Canada based on a formula that considers historical catch (10-percent weighting) and the current resource distribution (90-percent weighting). For GB yellowtail flounder, the SSC also recommends an ABC for the stock, which is typically used to inform the U.S. TMGC’s discussions with Canada for the annual shared quota. Although the stock is jointly managed with Canada, and the TMGC recommends annual shared quotas, the United States may not set catch limits that would exceed the SSC’s recommendation. The SSC does not recommend ABCs for eastern GB cod and haddock because they are management units of the total GB cod and haddock stocks. The SSC recommends overall ABCs for the total GB cod and haddock stocks. The shared U.S./Canada quota for eastern GB cod and haddock is accounted for in these overall ABCs, and must be consistent with the SSC’s recommendation for the total GB stocks. 2017 U.S./Canada Quotas The Transboundary Resources Assessment Committee (TRAC) conducted assessments for the three transboundary stocks in July 2016, and detailed summaries of these assessments can be found at: https:// www.nefsc.noaa.gov/saw/trac/. The TMGC met in September 2016 to recommend shared quotas for 2017 based on the updated assessments, and the Council adopted the TMGC’s recommendations in Framework 56. The E:\FR\FM\22JNP1.SGM 22JNP1 28450 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules proposed 2017 shared U.S./Canada quotas, and each country’s allocation, are listed in Table 1. TABLE 1—PROPOSED FISHING YEAR 2017 U.S./CANADA QUOTAS (mt, LIVE WEIGHT) AND PERCENT OF QUOTA ALLOCATED TO EACH COUNTRY Eastern GB cod Quota sradovich on DSK3GMQ082PROD with PROPOSALS Total Shared Quota ..................................................................................................................... U.S. Quota ................................................................................................................................... Canada Quota ............................................................................................................................. The Council’s proposed 2017 U.S. quota for eastern GB haddock would be a 95-percent increase compared to 2016. This increase is due to an increase in the shared U.S./Canada quota, as well as an increase in the amount of the quota that is allocated to the United States. The proposed 2017 U.S. quota for eastern GB cod would also be a small increase from 2016 (6 percent). The Council’s proposed U.S. quota for GB yellowtail flounder would be a 23percent decrease compared to 2016. The decrease is in response to continued poor stock condition and a decrease in the U.S. share of the quota. For a more detailed discussion of the TMGC’s 2017 catch advice, see the TMGC’s guidance document under the ‘‘Resources’’ tab at: https:// www.greateratlantic.fisheries.noaa.gov/ sustainable/species/multispecies/ index.html. The regulations implementing the U.S./Canada Resource Sharing Understanding require that any overages of the U.S. quota for eastern GB cod, eastern GB haddock, or GB yellowtail flounder be deducted from the U.S. quota in the following fishing year. If catch information for fishing year 2016 indicates that the U.S. fishery exceeded its quota for any of the shared stocks, we will reduce the respective U.S. quotas for fishing year 2017 in a future management action, as soon as possible. If any fishery that is allocated a portion of the U.S. quota exceeds its allocation and causes an overage of the overall U.S. quota, the overage reduction would only be applied to that fishery’s allocation in the following fishing year. This ensures that catch by one component of the fishery does not negatively affect another component of the fishery. VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 4. Catch Limits Summary of the Proposed Catch Limits The catch limits proposed by the Council in this action can be found in Tables 2 through 9. A brief summary of how these catch limits were developed is provided below. More details on the proposed catch limits for each groundfish stock can be found in Appendix III to the Framework 56 Environmental Assessment (see ADDRESSES for information on how to get this document). Last year, Framework 55 (81 FR 26412; May 2, 2016) adopted fishing year 2016–2018 catch limits for all groundfish stocks, except for the U.S./ Canada stocks, which must be set every year. As discussed in section ‘‘2. Status Determination Criteria for Witch Flounder,’’ the Northeast Fisheries Science Center conducted a benchmark assessment for witch flounder in December 2016. The Council considered the results of the witch flounder benchmark assessment at its January 2017 meeting, and included revised catch limits in Framework 56. This rule proposes to implement fishing year 2017–2019 catch limits for witch flounder based on the recent stock assessment and consistent with the recommendations of the Council’s SSC. This rule also proposes to incorporate shared U.S./Canada quotas (see section ‘‘3. Fishing Year 2017 Shared U.S./ Canada Quotas). For most stocks, other than GB cod, GB haddock, GB yellowtail flounder, and witch flounder, catch limits included in this action are identical to those previously implemented in Framework 55, and became effective on May 1, 2017. There are changes to the northern windowpane flounder catch limits related to the proposed allocation of northern windowpane flounder to the PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 730 146 (20%) 584 (80%) Eastern GB haddock 50,000 29,500 (59%) 20,500 (41%) GB Yellowtail flounder 300 207 (69%) 93 (31%) scallop fishery (see section ‘‘5. Allocation of Northern Windowpane Flounder to the Scallop Fishery’’). There are also minor changes to the catch limits for GB winter flounder and white hake due to revised estimates of Canadian catch. Table 2 details the percent change in the 2017 catch limit compared to fishing year 2016. Overfishing Limits and Acceptable Biological Catches The overfishing limit (OFL) serves as the maximum amount of fish that can be caught in a year without resulting in overfishing. The OFL for each stock is calculated using the estimated stock size and FMSY (i.e., the fishing mortality rate that, if applied over the long term, would result in maximum sustainable yield). The OFL does not account for scientific uncertainty, so the SSC typically recommends an ABC that is lower than the OFL in order to account for this uncertainty. Usually, the greater the amount of scientific uncertainty, the lower the ABC is set compared to the OFL. For GB cod, GB haddock, and GB yellowtail flounder, the total ABC is then reduced by the amount of the Canadian quota (see Table 3 for the Canadian share of these stocks). Additionally, although GB winter flounder, white hake, and Atlantic halibut are not jointly managed with Canada, there is some Canadian catch of these stocks. Because the total ABC must account for all sources of fishing mortality, expected Canadian catch of GB winter flounder (87 mt), white hake (42 mt), and Atlantic halibut (34 mt) is deducted from the total ABC. The U.S. ABC is the amount available to the U.S. fishery after accounting for Canadian catch. Additional details about the Council’s proposed ABC for witch flounder is provided below. E:\FR\FM\22JNP1.SGM 22JNP1 28451 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules TABLE 2—PROPOSED FISHING YEARS 2017–2019 OVERFISHING LIMITS AND ACCEPTABLE BIOLOGICAL CATCHES [mt, live weight] 2017 Stock OFL GB Cod .................................................... GOM Cod ................................................. GB Haddock ............................................. GOM Haddock ......................................... GB Yellowtail Flounder ............................ SNE/MA Yellowtail Flounder .................... CC/GOM Yellowtail Flounder ................... American Plaice ....................................... Witch Flounder ......................................... GB Winter Flounder ................................. GOM Winter Flounder .............................. SNE/MA Winter Flounder ........................ Redfish ..................................................... White Hake .............................................. Pollock ...................................................... N. Windowpane Flounder ........................ S. Windowpane Flounder ........................ Ocean Pout .............................................. Atlantic Halibut ......................................... Atlantic Wolffish ....................................... U.S. ABC 1,665 667 258,691 5,873 Unknown Unknown 707 1,748 Unknown 1,056 1,080 1,021 14,665 4,816 32,004 243 833 220 210 110 665 500 57,398 4,534 207 267 427 1,336 878 702 810 780 11,050 3,644 21,312 182 623 165 124 82 Percent change from 2016 ¥13 0 2 25 ¥23 0 0 3 91 5 0 0 7 ¥3 0 0 0 0 0 0 2018 OFL 2019 U.S. ABC 1,665 667 358,077 6,218 Unknown Unknown 7,900 1,840 Unknown 1,459 1,080 1,587 15,260 4,733 34,745 243 833 220 210 110 1,249 500 77,898 4,815 354 267 427 1,404 878 702 810 780 11,501 3,580 21,312 182 623 165 124 82 OFL Unknown U.S. ABC 878 SNE/MA = Southern New England/Mid-Atlantic; CC = Cape Cod; N = Northern; S = Southern. Note: An empty cell indicates no OFL/ABC is adopted for that year. These catch limits will be set in a future action. sradovich on DSK3GMQ082PROD with PROPOSALS Witch Flounder As discussed under section ‘‘2. Status Determination Criteria for Witch Flounder,’’ both the 2016 witch flounder benchmark assessment and the previous benchmark assessment were rejected, and could not be used as a basis for catch advice. In the absence of an assessment model, the peer review panel recommended catch advice for witch flounder based on a swept-area biomass approach. The swept-area biomass approach is entirely different from the age-based assessment approaches used to generate past biomass estimates and catch limits. The swept-area biomass approach indicates that biomass declined from the 1960s to the mid-1990s, increased in the early 2000s, and declined until 2005. Since 2005, stock size appears to have been low relative to the 1960s, but relatively stable. The swept-area biomass approach generates an ABC of 878 mt by applying the mean exploitation rate from 2007 to 2015 to the 3-year moving average of exploitable biomass estimates from the spring and fall NOAA Fisheries trawl surveys. The SSC met on January 17, 2017, to review the results of the recent benchmark assessment. The SSC’s final report for its witch flounder ABC recommendation is available here: https://s3.amazonaws.com/nefmc.org/1_ SSC_response_witchflounder_Jan2016_ FINAL.pdf. The SSC agreed that the swept-area biomass approach results were the best available, and based on VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 this approach, recommended an OFL of unknown, and an ABC of 878 mt. The Council discussed the SSC’s recommendations on January 25, 2017, and recommended a constant ABC of 878 mt for fishing years 2017–2019. The 878 mt ABC recommendation represents a 91-percent increase over the 2016 ABC (460 mt). The higher catch limit recommendation should not be viewed as a simple increase. Rather, the sweptarea biomass approach is entirely different from the age-based assessment approaches used to generate past catch limits. The Northeast Fisheries Science center will conduct an assessment update for witch flounder in fall of 2017, in time to re-specify witch flounder catch limits for fishing year 2018, if necessary. Updated catch and assessment information may provide support for adjusting the ABC for future fishing years. Thus, although the Council proposes a 3-year constant ABC, the catch limits adopted may only be in place for 1 year. Annual Catch Limits Development of Annual Catch Limits The U.S. ABC for each stock is divided among the various fishery components to account for all sources of fishing mortality. First, an estimate of catch expected from state waters and the ‘‘other’’ sub-component (i.e., nongroundfish fisheries) is deducted from the U.S. ABC. These sub-components are not subject to specific catch controls PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 by the FMP. As a result, the state waters and other sub-components are not allocations, and these components of the fishery are not subject to accountability measures if the catch limits are exceeded. After the state and other sub-components are deducted, the remaining portion of the U.S. ABC is distributed to the fishery components that receive an allocation for the stock. Components of the fishery that receive an allocation are subject to accountability measures if they exceed their respective catch limit during the fishing year. Once the U.S. ABC is divided, subannual catch limits (sub-ACLs) are set by reducing the amount of the ABC distributed to each component of the fishery to account for management uncertainty. Management uncertainty is the likelihood that management measures will result in a level of catch greater than expected. For each stock and fishery component, management uncertainty is estimated using the following criteria: Enforceability and precision of management measures, adequacy of catch monitoring, latent effort, and catch of groundfish in nongroundfish fisheries. The total ACL is the sum of all of the sub-ACLs and ACL sub-components, and is the catch limit for a particular year after accounting for both scientific and management uncertainty. Landings and discards from all fisheries (commercial and recreational groundfish fisheries, state waters, and non-groundfish fisheries) are counted against the ACL for each E:\FR\FM\22JNP1.SGM 22JNP1 28452 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules stock. Tables 3 to 5 summarize the proposed catch limits for fishing years 2017, 2018, and 2019. Sector and Common Pool Allocations For stocks allocated to sectors, the commercial groundfish sub-ACL is further divided into the non-sector (common pool) sub-ACL and the sector sub-ACL, based on the total vessel enrollment in sectors and the cumulative Potential Sector Contributions (PSCs) associated with those sectors. The sector and common pool sub-ACLs proposed in this action are based on fishing year 2017 PSCs and finalized fishing year 2017 sector rosters. Sector specific allocations for each stock can be found in this rule in section ‘‘8. Sector Measures for Fishing Year 2017.’’ Common Pool Total Allowable Catches The common pool sub-ACL for each stock (except for SNE/MA winter flounder, northern windowpane flounder, southern windowpane flounder, ocean pout, Atlantic wolffish, and Atlantic halibut) is further divided into trimester total allowable catches (TACs). The distribution of the common pool sub-ACLs into trimesters was adopted in Amendment 16 to the FMP. Once we project that 90 percent of the trimester TAC is caught for a stock, the trimester TAC area for that stock is closed for the remainder of the trimester to all common pool vessels fishing with gear capable of catching the pertinent stock. Any uncaught portion of the TAC in Trimester 1 or Trimester 2 will be carried forward to the next trimester. Overages of the Trimester 1 or Trimester 2 TAC will be deducted from the Trimester 3 TAC. Any overages of the total common pool sub-ACL will be deducted from the following fishing year’s common pool sub-ACL for that stock. Uncaught portions of the Trimester 3 TAC may not be carried over into the following fishing year. Table 6 summarizes the common pool trimester TACs proposed in this action. Incidental catch TACs are also specified for certain stocks of concern (i.e., stocks that are overfished or subject to overfishing) for common pool vessels fishing in the special management programs (i.e., special access programs (SAPs) and the Regular B Days-at-Sea (DAS) Program), in order to limit the catch of these stocks under each program. Tables 7 through 9 summarize the proposed Incidental Catch TACs for each stock and the distribution of these TACs to each special management program. Closed Area I Hook Gear Haddock Special Access Program Overall fishing effort by both common pool and sector vessels in the Closed Area I Hook Gear Haddock SAP is controlled by an overall TAC for GB haddock, which is the target species for this SAP. The maximum amount of GB haddock that may be caught in any fishing year is based on the amount allocated to this SAP for the 2004 fishing year (1,130 mt), and adjusted according to the growth or decline of the western GB haddock biomass in relationship to its size in 2004. Based on this formula, the Council’s proposed GB Haddock TAC for this SAP is 10,709 mt for fishing year 2017. Once this overall TAC is caught, the Closed Area I Hook Gear Haddock SAP will be closed to all groundfish vessels for the remainder of the fishing year. Default Limits for the 2019 Fishing Year Framework 53 established a mechanism for setting default catch limits in the event a future management action is delayed. If final catch limits have not been implemented by the start of a fishing year on May 1, then default catch limits are set at 35 percent of the previous year’s catch limit, effective until July 31 of that fishing year. If this value exceeds the Council’s recommendation for the upcoming fishing year, the default catch limits will be reduced to an amount equal to the Council’s recommendation for the upcoming fishing year. Because groundfish vessels are not able to fish if final catch limits have not been implemented, this measure was established to prevent disruption to the groundfish fishery. Additional description of the default catch limit mechanism is provided in the preamble to the Framework 53 final rule (80 FR 25110; May 1, 2015). The default catch limits for 2019 were presented in the Framework 55 Final Rule (81 FR 26412; May 2, 2016) and are not repeated here. TABLE 3—PROPOSED CATCH LIMITS FOR FISHING YEAR 2017 (mt, LIVE WEIGHT). CATCH LIMITS ARE PROPOSED FOR GB COD, GB HADDOCK, GB YELLOWTAIL, AND WITCH FLOUNDER. SUB-ACL ADJUSTMENTS ARE PROPOSED FOR THE MIDWATER TRAWL FISHERY FOR GB HADDOCK, AND FOR THE SCALLOP FISHERY FOR NORTHERN WINDOWPANE. ALL OTHER LIMITS WERE PREVIOUSLY ADOPTED IN FRAMEWORK 55 ON MAY 1, 2016 Total ACL sradovich on DSK3GMQ082PROD with PROPOSALS Stock GB Cod ............................. GOM Cod .......................... GB Haddock ...................... GOM Haddock .................. GB Yellowtail Flounder ..... SNE/MA Yellowtail Flounder .................................. CC/GOM Yellowtail Flounder .................................. American Plaice ................ Witch Flounder .................. GB Winter Flounder .......... GOM Winter Flounder ....... SNE/MA Winter Flounder .. Redfish .............................. White Hake ........................ Pollock ............................... N. Windowpane Flounder S. Windowpane Flounder .. Ocean Pout ....................... Atlantic Halibut .................. Atlantic Wolffish ................. VerDate Sep<11>2014 Total groundfish fishery 637 473 54,568 4,285 201 531 437 52,620 4,177 163 521 271 52,253 2,985 160 256 187 409 1,272 839 683 776 749 10,514 3,467 20,374 170 599 155 119 77 341 1,218 734 620 639 585 10,183 3,358 17,817 129 104 130 91 72 15:48 Jun 21, 2017 Jkt 241001 PO 00000 State waters subcomponent Other subcomponent .................. .................. .................. .................. 4 20 27 574 33 0 86 10 574 33 2.1 34 .................. 5 29 .................. .................. .................. .................. .................. .................. .................. .................. .................. 36 209 .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. 43 27 35 0 122 70 111 36 1,279 2 37 2 25 1 26 27 70 63 16 94 221 73 1,279 4 249 23 4 3 Recreational fishery Midwater trawl fishery Scallop fishery Smallmesh fisheries 10 9 367 33 2 ...................... 157 ...................... 1,160 ...................... .................. .................. 801 42 .................. .................. .................. .................. .................. 32 151 36 ...................... .................. 326 1,196 718 615 607 515 10,126 3,331 17,704 na na na na na 15 23 16 5 32 70 56 27 113 129 104 130 91 72 ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. Sector Frm 00041 Common pool Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 28453 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules TABLE 4—PROPOSED CATCH LIMITS FOR FISHING YEAR 2018 (mt, LIVE WEIGHT). CATCH LIMITS ARE PROPOSED FOR GB COD, GB HADDOCK, GB YELLOWTAIL, AND WITCH FLOUNDER. SUB-ACL ADJUSTMENTS ARE PROPOSED FOR THE MIDWATER TRAWL FISHERY FOR GB HADDOCK, AND FOR THE SCALLOP FISHERY FOR NORTHERN WINDOWPANE. ALL OTHER LIMITS WERE PREVIOUSLY ADOPTED IN FRAMEWORK 55 ON MAY 1, 2016 Total ACL Stock GB Cod ............................. GOM Cod .......................... GB Haddock ...................... GOM Haddock .................. GB Yellowtail Flounder ..... SNE/MA Yellowtail Flounder .................................. CC/GOM Yellowtail Flounder .................................. American Plaice ................ Witch Flounder .................. GB Winter Flounder .......... GOM Winter Flounder ....... SNE/MA Winter Flounder .. Redfish .............................. White Hake ........................ Pollock ............................... N. Windowpane Flounder S. Windowpane Flounder .. Ocean Pout ....................... Atlantic Halibut .................. Atlantic Wolffish ................. Total groundfish fishery 1,197 473 74,058 4,550 343 997 437 71,413 4,436 278 978 271 70,916 3,169 274 256 185 409 1,337 839 683 776 749 10,943 3,406 20,374 170 599 155 119 77 341 1,280 734 620 639 585 10,598 3,299 17,817 129 104 130 91 72 State waters subcomponent Other subcomponent .................. .................. .................. .................. 7 37 27 779 35 0 162 10 779 35 4 37 .................. 5 29 .................. .................. .................. .................. .................. .................. .................. .................. .................. 36 209 .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. 43 28 35 0 122 70 115 36 1,279 2 37 2 25 1 26 28 70 63 16 94 230 72 1,279 4 249 23 4 3 Recreational fishery Midwater trawl fishery Scallop fishery Smallmesh fisheries 18 9 497 35 4 ...................... 157 ...................... 1,231 ...................... .................. .................. 1,087 45 .................. .................. .................. .................. .................. 55 149 36 ...................... .................. 326 1,257 718 615 607 515 10,540 3,273 17,704 .................. .................. .................. .................. .................. 15 24 16 5 32 70 58 26 113 129 104 130 91 72 ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... ...................... .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. Sector Common pool TABLE 5—PROPOSED CATCH LIMITS FOR FISHING YEAR 2019 [mt, live weight] Stock Total ACL Total groundfish fishery Sector Common pool Recreational fishery Midwater trawl fishery Scallop fishery Smallmesh fisheries State waters sub-component Other subcomponent Witch Flounder .................. 839 734 718 16 ...................... .................. .................. .................. 35 70 TABLE 6—PROPOSED FISHING YEARS 2017–2019 COMMON POOL TRIMESTER TACS [mt, live weight] 2017 Stock Trimester 1 GB Cod ....................................................... GOM Cod .................................................... GB Haddock ................................................ GOM Haddock ............................................ GB Yellowtail Flounder ............................... SNE/MA Yellowtail Flounder ....................... CC/GOM Yellowtail Flounder ...................... American Plaice .......................................... Witch Flounder ............................................ GB Winter Flounder .................................... GOM Winter Flounder ................................. Redfish ........................................................ White Hake .................................................. Pollock ......................................................... 2.5 2.5 99.0 8.8 0.5 7.6 5.2 5.5 4.4 0.4 11.7 14.0 10.2 31.6 Trimester 2 3.6 3.3 120.9 8.5 0.7 13.4 5.2 8.2 5.1 1.2 12.0 17.4 8.3 39.5 2018 Trimester 3 Trimester 1 3.7 3.4 146.6 15.4 1.3 15.2 4.5 9.1 6.9 3.5 7.9 24.7 8.3 41.8 4.6 2.5 134.3 9.4 0.8 7.5 5.2 5.7 4.4 0.4 11.7 14.6 10.0 31.6 Trimester 2 2019 Trimester 3 6.8 3.3 164.1 9.0 1.3 13.2 5.2 8.6 5.1 1.2 12.0 18.1 8.2 39.5 7.0 3.4 199.0 16.3 2.2 14.9 4.5 9.6 6.9 3.5 7.9 25.7 8.2 41.8 Trimester 1 Trimester 2 4.4 Trimester 3 5.1 6.9 Note. An empty cell indicates that no catch limit has been set yet for these stocks. These catch limits will be set in a future management action. TABLE 7—PROPOSED COMMON POOL INCIDENTAL CATCH TACS FOR FISHING YEARS 2017–2019 sradovich on DSK3GMQ082PROD with PROPOSALS [mt, live weight] Percentage of common pool sub-ACL Stock GB Cod ............................................................................................................ GOM Cod ......................................................................................................... GB Yellowtail Flounder .................................................................................... CC/GOM Yellowtail Flounder ........................................................................... American Plaice ............................................................................................... Witch Flounder ................................................................................................. VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 2017 2 1 2 1 5 5 E:\FR\FM\22JNP1.SGM 2018 0.20 0.09 0.05 0.15 1.14 0.82 22JNP1 2019 0.37 0.09 0.08 0.15 1.19 0.82 ........................ ........................ ........................ ........................ ........................ 0.82 28454 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules TABLE 7—PROPOSED COMMON POOL INCIDENTAL CATCH TACS FOR FISHING YEARS 2017–2019—Continued [mt, live weight] Percentage of common pool sub-ACL Stock SNE/MA Winter Flounder ................................................................................ 2017 1 2018 0.70 2019 0.70 ........................ TABLE 8—PERCENTAGE OF INCIDENTAL CATCH TACS DISTRIBUTED TO EACH SPECIAL MANAGEMENT PROGRAM Regular B DAS program Stock GB Cod ........................................................................................................................................ GOM Cod ..................................................................................................................................... GB Yellowtail Flounder ................................................................................................................ CC/GOM Yellowtail Flounder ...................................................................................................... American Plaice ........................................................................................................................... Witch Flounder ............................................................................................................................. SNE/MA Winter Flounder ............................................................................................................ White Hake .................................................................................................................................. 50 100 50 100 100 100 100 100 Closed area I hook gear haddock SAP Eastern US/ CA haddock SAP 16 ........................ ........................ ........................ ........................ ........................ ........................ ........................ 34 ........................ 50 ........................ ........................ ........................ ........................ ........................ TABLE 9—PROPOSED FISHING YEARS 2017–2019 INCIDENTAL CATCH TACS FOR EACH SPECIAL MANAGEMENT PROGRAM [mt, live weight] Regular B DAS program Stock 2017 sradovich on DSK3GMQ082PROD with PROPOSALS GB Cod ........................................ GOM Cod ..................................... GB Yellowtail Flounder ................ CC/GOM Yellowtail Flounder ....... American Plaice ........................... Witch Flounder ............................. SNE/MA Winter Flounder ............ 0.10 0.09 0.02 0.15 1.14 0.82 0.70 5. Allocation of Northern Windowpane Flounder for the Scallop Fishery Scallop fishery catch of northern windowpane flounder is currently accounted for under the other subcomponent, and has ranged between 6 and 76 percent of total northern windowpane flounder catch between 2010 and 2015. As noted above, under section ‘‘4. Catch Limits,’’ the U.S. ABC for each stock is reduced by an estimate of catch expected from state waters and the ‘‘other’’ sub-component (i.e., nongroundfish fisheries). These subcomponents are not subject to specific catch controls by the FMP. As a result, the state waters and other subcomponents are not allocations, and these components of the fishery are not subject to accountability measures if the catch limits are exceeded. For northern windowpane flounder, 33 to 49 percent of the U.S. ABC has been set aside for the other subcomponent each year since 2010. Scallop fishery catch accounts for more than 90 percent of other sub-component catch in each of those years, and was greater than two times the other VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 2018 0.18 0.09 0.04 0.15 1.19 0.82 0.70 Closed area I hook gear Haddock SAP 2019 ................ ................ ................ ................ ................ 0.82 ................ 2017 0.03 n/a n/a n/a n/a n/a n/a 2018 0.06 n/a n/a n/a n/a n/a n/a subcomponent value in 2012, 2014, and 2015. This means that outside of the groundfish fishery, the scallop fishery is the major contributor to northern windowpane flounder catches. Further, catch has been over the total ACL for the northern windowpane fishery in every year since 2010. In 2012 and 2015, scallop fishery catch, as part of the other sub-component, directly contributed to the ACL overage. Because the scallop fishery does not currently have an allocation for northern windowpane flounder, the groundfish fishery is held accountable if high levels of catch in the scallop fishery contribute to an ACL overage. When triggered, the northern windowpane flounder AMs require groundfish trawl vessel to use selective gear that reduces flatfish bycatch in certain areas. This restricts the ability of the groundfish fishery to target and catch marketable species, mainly other flatfish such as winter flounder, and result in adverse economic impacts to the groundfish fleet fishing on Georges Bank when the gear-restricted areas are in place. PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 Eastern U.S./Canada Haddock SAP 2019 ................ ................ ................ ................ ................ n/a ................ 2017 0.07 n/a 0.02 n/a n/a n/a n/a 2018 0.13 n/a 0.04 n/a n/a n/a n/a 2019 ................ ................ ................ ................ ................ n/a ................ This action proposes to establish a scallop fishery sub-ACL for northern windowpane flounder equal to 21 percent of the northern windowpane flounder ABC. This allocation is based on the 90th percentile of scallop fishery catches (as a percent of the total catch) for calendar years 2005 to 2014. This approach is similar to the approach used to set the southern windowpane flounder sub-ACL for the scallop fishery in Framework 48 (78 FR 26118, May 2, 2013). The Council chose a fixedpercentage allocation rather than an allocation based on projected catch because projected catch can fluctuate greatly from year to year. The scallop fishery’s sub-ACL would be calculated by reducing the portion of the ABC allocated to the scallop fishery to account for management uncertainty. The current management uncertainty buffer for zero-possession stocks is 7 percent. The management uncertainty buffer can be adjusted each time the groundfish specifications are set. Creating a sub-ACL and, therefore, an AM for the scallop fishery is intended to create accountability for those E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS fisheries responsible for a substantial share of catch or an overage if one occurs. This measure also ensures that catch from one fishery does not negatively affect another fishery. Thus, a sub-ACL for the scallop fishery would help prevent overfishing of northern windowpane flounder, as required by National Standard 1 and Section 303(a)(1) of the Magnuson-Stevens Act, and create an incentive to minimize bycatch of this stock, consistent with National Standard 9. This action does not propose scallop fishery AMs for the northern windowpane flounder sub-ACL. Consistent with other scallop allocations, the Council would develop and adopt scallop fishery AMs for this sub-ACL during 2017. We would work with the Council to develop and implement the AMs in time for fishing year 2018. This means that if there is an overage in the 2017 scallop fishery northern windowpane flounder subACL, that overage would be subject to the AM. Once the scallop fishery AM for northern windowpane flounder is implemented, the groundfish fishery would only be subject to an AM if the groundfish fishery exceeds its sub-ACL and the overall ACL is also exceeded. The proposed 2017 sub-ACL is lower than recent scallop fishery catches of northern windowpane flounder. As a result, this action also proposes an AM trigger that would provide additional flexibility that would hold the scallop fishery accountable but ensure that optimum yield is still achieved. The trigger for the scallop fishery northern windowpane flounder AM is discussed below in section ‘‘6. Revised Threshold for Scallop Accountability Measures.’’ 6. Revised Threshold for Scallop Accountability Measures The scallop fishery has sub-ACLs for GB yellowtail flounder, SNE/MA yellowtail flounder, and southern windowpane flounder. Framework 56 would also implement a scallop fishery sub-ACL for northern windowpane flounder (see section ‘‘5. Allocation of Northern Windowpane Flounder for the Scallop Fishery). If the scallop fishery exceeds its sub-ACL for these stocks, it is subject to AMs that, in general, restrict the scallop fishery in seasons and areas with high encounter rates for these stocks. Framework 47 (77 FR 26104, May 2, 2012) set a policy for triggering a scallop fishery AMs for groundfish stocks. Currently, the scallop fishery is subject to AMs for these stocks if either: (1) The scallop fishery exceeds its sub-ACL and the total ACL is exceeded; or (2) the scallop fishery exceeds its sub-ACL by 50 percent or VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 more. This policy was implemented to provide flexibility for the scallop fishery. Framework 56 proposes that the AMs for GB yellowtail flounder and northern windowpane flounder would only be implemented if scallop fishery catch exceeds its sub-ACL by any amount and the total ACL is also exceeded. The AM trigger would remain unchanged for SNE/MA yellowtail flounder and southern windowpane flounder. The adjustment for GB yellowtail flounder and northern windowpane flounder is intended to provide additional flexibility, beyond the existing scallop AM implementation policy, for the scallop fishery to operate in years when the overall and scallop fishery allocations for these stocks are low. The scallop fishery is expected to operate primarily on Georges Bank in 2017 and 2018, based on scallop rotational area management. The revised thresholds would only be effective for fishing years 2017 and 2018, after which the Council would evaluate the provision to ensure the threshold has effectively constrained both scallop fishery catch and total mortality. 7. Increase to Georges Bank Haddock Catch Limit for the Midwater Trawl Fishery Throughout 2016, the Council considered adjustments to the GB haddock catch cap and associated AM to promote long-term sustainable management the GB haddock stock and groundfish fishery and provide incentives for the midwater Atlantic herring fishery to minimize bycatch for this stock to the extent practicable, while still allowing the herring fishery to achieve optimum yield. The Council’s Herring Committee considered a range of alternatives to adjust the accountability measure for the GB haddock catch cap in Framework Adjustment 5 to the Herring FMP. Herring Framework 5 analyzed alternatives to adjust GB haddock AM area, to allocate the existing cap seasonally, and to use state portside sampling data in addition to NEFOP observer data to monitor the cap. At its January 2017 meeting, the Council ultimately voted not to adopt any of the AM adjustment approaches in Herring Framework 5, and ceased developing that action. This means that the existing AMs for the GB haddock catch cap remain in effect. This includes the inseason closure of the GB haddock AM area when the haddock catch cap is reached, and pound-for-pound payback for any overages. The Groundfish Committee simultaneously considered alternatives PO 00000 Frm 00044 Fmt 4702 Sfmt 4702 28455 to adjust the GB haddock catch cap in Framework 56, and took final action to recommend increasing Atlantic herring midwater trawl fishery’s GB haddock catch cap from 1 percent of the U.S. ABC to 1.5 percent at its November 2016 meeting. The Council’s decision to increase the GB haddock catch cap in Framework 56 factored into its decision to cease development of Herring Framework 5. The Council’s analysis notes that this option better meets the goals and objectives of the Atlantic herring management program. In particular, this option meets the goal to achieve, on a continuing basis, optimum yield, and the objectives to achieve full utilization from the catch of herring, and to promote the utilization of the resource in a manner which maximizes social and economic benefits to the nation, while taking into account the protection of marine ecosystems including minimizing bycatch to the extent practicable. As in the past, the herring fishery’s midwater trawl sub-ACL would be calculated by reducing the portion of the ABC allocated to the herring midwater trawl fishery to account for management uncertainty. The current management uncertainty buffer is 7 percent. The Council also proposes to establish a process for reviewing the GB haddock midwater trawl sub-ACL. Following an assessment of the entire GB haddock stock, the Groundfish Plan Development Team (PDT) would review groundfish fishery catch performance, utilization, status of the GB haddock resource, recruitment, incoming year-class strength, and the variability in the GB haddock incidental catch estimates for the Atlantic herring midwater trawl fishery. Based on this review, the PDT would determine whether changes to the GB haddock midwater trawl subACL were necessary, and recommend to the Groundfish Committee and Council an appropriate sub-ACL equal to 1 to 2 percent of the GB haddock U.S. ABC. 8. Sector Measures for Fishing Year 2017 This action also proposes updated annual catch entitlements for 19 sectors for the 2017 fishing year based on the new catch limits included in Framework 56 and the finalized 2017 sector rosters. Sector operation plan approval, as well as evaluation of sector exemptions, is covered in the interim final rule that approved 2017 and 2018 sector operations plans (82 FR 19618; April 28, 2017). E:\FR\FM\22JNP1.SGM 22JNP1 28456 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS Sector Allocations Regional Administrator approval is required for sectors to receive annual catch entitlements (ACEs) for specific groundfish stocks. The ACE allocations are a portion of a stock’s ACL available to the sector based on the collective fishing history of the sector’s members. Sectors are allocated ACE for groundfish stocks for which its members have landings history, with the exception of Atlantic halibut, ocean pout, windowpane flounder, and Atlantic wolffish. These stocks are not allocated to sectors. The sector allocations proposed in this rule are based on the fishing year 2017 specifications described above under ‘‘3. Catch Limits.’’ We calculate the sector’s allocation for each stock by summing its members’ potential sector contributions (PSC) for a stock, as shown in Table 10. The information presented in Table 10 is the total percentage of each commercial sub-ACL each sector would receive for fishing year 2017, based on finalized fishing VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 year 2017 rosters. Tables 11 and 12 show the allocations each sector would receive for fishing year 2017, based on finalized fishing year 2017 rosters. At the start of the fishing year, after sector enrollment is finalized, we provide the final allocations, to the nearest pound, to the individual sectors, and we use those final allocations to monitor sector catch. While the common pool does not receive a specific allocation, the common pool sub-ACLs have been included in each of these tables for comparison. We do not assign an individual permit separate PSCs for the Eastern GB cod or Eastern GB haddock; instead, we assign a permit a PSC for the GB cod stock and GB haddock stock. Each sector’s GB cod and GB haddock allocations are then divided into an Eastern ACE and a Western ACE, based on each sector’s percentage of the GB cod and GB haddock ACLs. For example, if a sector is allocated 4 percent of the GB cod ACL and 6 percent of the GB haddock ACL, the sector is allocated 4 percent of the PO 00000 Frm 00045 Fmt 4702 Sfmt 4702 commercial Eastern U.S./Canada Area GB cod TAC and 6 percent of the commercial Eastern U.S./Canada Area GB haddock TAC as its Eastern GB cod and haddock ACEs. These amounts are then subtracted from the sector’s overall GB cod and haddock allocations to determine its Western GB cod and haddock ACEs. Framework 51 implemented a mechanism that allows sectors to ‘‘convert’’ their Eastern GB haddock allocation into Western GB haddock allocation (79 FR 22421; April 22, 2014) and fish that converted ACE in Western GB. Framework 55 implemented a similar measure for GB cod (81 FR 26412; May 2, 2016). We will allow sectors to transfer fishing year 2016 ACE for 2 weeks of the fishing year following the completion of year-end catch accounting to reduce or eliminate any fishing year 2016 overages. If necessary, we will reduce any sector’s fishing year 2017 allocation to account for a remaining overage in fishing year 2016. BILLING CODE 3510–22–P E:\FR\FM\22JNP1.SGM 22JNP1 sradovich on DSK3GMQ082PROD with PROPOSALS VerDate Sep<11>2014 Jkt 241001 .. . "' - .. 0 0 (!) (!) . 0 "' 0 (!) (!) (!) "' . "'"' E <C 0 ~ .!! c ~ .. i-g :Eil Oii: (!) ~~ ;=.g <C c :::;; " ~~ . .c .., "' &! ::t: .. -"' u ~ 0 .=! ~ 0 "- "' 2.98 6.34 2.06 0.01 0.37 3.06 1.00 2.15 0.03 13.60 2.34 2.79 5.84 8.02 0.97 9.52 0.96 6.35 1.59 1.27 3.25 9.90 7.47 0.67 3.11 1.49 5.95 10.49 10.68 Maine Permit Bank 0.13 1.12 0.04 1.12 0.01 0.03 0.32 1.16 0.73 0.00 0.43 0.02 0.82 1.64 1.67 Northeast Coastal Communities Sector (NCCSI 0.40 2.10 0.35 1.53 0.84 0.70 1.90 0.61 1.25 0.05 2.14 0.71 1.00 1.96 1.76 NEFS 1 0.00 0.03 0.00 0.00 0.00 0.00 0.04 0.01 0.01 0.00 0.05 0.00 0.00 0.00 0.00 NEFS2 5.86 18.47 10.67 17.07 1.87 1.73 19.67 9.31 13.21 3.21 18.78 3.51 14.85 6.45 11.39 NEFS3 0.73 9.90 0.05 6.81 0.04 0.07 6.08 2.07 1.69 0.01 6.99 0.41 0.75 3.24 3.96 4.17 10.61 5.35 8.60 2.16 2.35 6.06 9.39 8.71 0.69 6.95 1.28 6.72 8.09 6.35 NEFS5 0.48 0.00 0.82 0.00 1.28 20.93 0.21 0.43 0.56 0.44 0.02 11.99 0.01 0.09 0.04 NEFS6 2.87 2.96 2.93 3.84 2.70 5.27 3.74 3.89 5.21 1.50 4.56 1.94 5.31 3.91 3.31 NEFS 7 1.25 0.80 1.35 0.59 3.41 2.47 2.27 0.74 0.94 1.28 2.39 0.80 0.36 0.56 0.45 NEFS8 6.52 0.16 5.95 0.07 10.63 5.22 2.60 2.09 2.44 21.16 0.68 8.97 0.51 0.47 0.61 NEFS9 13.17 3.02 11.24 7.39 25.19 8.72 10.62 9.71 9.41 32.56 2.95 17.95 9.05 6.38 6.36 NEFS 10 0.34 2.35 0.16 1.25 0.00 0.55 4.01 0.93 1.69 0.01 8.95 0.49 0.33 0.61 0.70 NEFS 11 0.41 12.23 0.04 3.08 0.00 0.02 2.36 2.05 1.93 0.00 2.08 0.02 1.96 4.73 9.02 NEFS 12 0.63 2.98 0.09 1.05 0.00 0.01 7.95 0.50 0.57 0.00 7.66 0.22 0.23 0.30 0.82 NEFS 13 12.18 0.91 20.11 1.05 34.50 21.03 8.84 8.48 9.30 17.82 3.05 16.60 4.28 2.15 2.62 Frm 00046 28.63 Maine Coast Community Sector (MCCS) NEFS4 PO 00000 GB Cod Fixed Gear Sector (Fixed Gear Sector) Fmt 4702 Sfmt 4725 E:\FR\FM\22JNP1.SGM 0.00 1.14 0.00 0.03 0.00 0.00 0.02 0.03 0.01 0.00 0.06 0.00 0.02 0.08 0.11 2.67 5.97 2.52 4.77 0.97 0.32 3.22 6.40 4.35 5.74 4.67 0.82 6.08 8.41 7.29 Sustainable Harvest Sector 2 0.29 0.29 0.40 0.07 2.21 2.25 0.84 0.72 0.61 0.46 0.93 1.11 0.26 0.33 0.27 Sustainable Harvest Sector 3 16.45 9.19 29.92 32.18 11.06 7.44 8.56 28.70 25.54 13.54 4.99 17.33 38.16 33.47 23.93 Sectors Total 98.15 96.73 99.30 98.91 98.48 80.73 95.60 98.13 97.77 99.18 95.06 87.99 99.45 99.20 99.37 Common Pool 22JNP1 New Hampshire Permit Bank Sustainable Harvest Sector 1 1.88 3.18 0.66 1.06 1.46 17.17 4.25 1.70 2.14 0.80 5.04 10.58 0.55 0.76 0.63 * The data in this table are based on fishing year 2017 sector rosters. t For fishing year 2017, 27.5 percent of the GB cod ACL would be allocated for the Eastern U.S./Canada Area, while 56.1 percent ofthe GB haddock ACL would be allocated for the Eastern U.S./Canada Area. SNE/MA Yellowtail Flounder refers to the SNE/Mid-Atlantic stock. CC/COM Yellowtail Flounder refers to the Cape Cod/GOM stock. + Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules 15:48 Jun 21, 2017 Table lU. Lumulative l':SL (percentage) eacn sector would receive by stock tor t1snm~ year :wn. :;; :;; u -"' .., .., 'ii ::: E i c ~t:!" 11 ~t:!" .., .., !it a: .., .., c.., :E"' z u <"' " c " ;;: ::!!11 o11 u ;;: fi§ ::!! ::t: il ~ <.:>= iil" ::t: 0 .c a>.2 ·c :::;; ~ z.2 u~ ~ "' <.:>"' 0 u"' 28457 EP22JN17.000</GPH> sradovich on DSK3GMQ082PROD with PROPOSALS 28458 VerDate Sep<11>2014 Ql E z "' ~ Ql u; "' :1:: 0 0 w "'C 0 ID Ql "'C 0 ID .... u "'C .... u .... u 0 "'C- -au; "'C "'C ::t:W ~:!:: ::t: C) C) u; 0 ::;; 0 C) 0 "Cfll "'"' ID 0 0 "'CQI ID "' ::;; 0 ~~ ID !;: ... Ql oc("'C year 2017. !;: ... ::;;-8 ... r:::: -~ "' Ql u "fi~ :t:::§ :1::..2 ... s~ r::::-c ~~ · - "'C :1:: r:::: m..2 (!) ... :E Jkt 241001 ~u::: or:: C) ::::I (3~ Eii: oct 0 2 23 27 35 0 192 ::I ... (!)..2 :E r:::: -::I w 0 :;·co ... §: § 5 Oil: .... ::t: "' .... u ..r:::: ll. 30 626 433 3,151 Ql <C ..... ~ ..r:::: UJ:E§ ~:!::~ ~ Ql co:: ::EGJ"'C Ill C) ~ :1:: 0 0 PO 00000 Frm 00047 en C) C) Fixed Gear Sector 92 243 18 4,124 3,232 137 MCCS 3 8 59 625 490 422 6 5 24 266 121 9 44 19 1,337 777 4,195 Maine Permit Bank 0 1 7 29 23 75 0 0 2 31 12 0 6 0 184 121 656 NCCS 1 3 13 228 179 102 3 3 14 16 20 1 30 9 224 145 692 - 0 - - 0 - - 0 0 0 0 1 0 - - - 50 114 6,937 5,437 1,136 7 7 148 250 214 44 264 45 3,333 477 4,473 NEFS 1 NEFS2 19 C) 0 NEFS3 2 6 61 33 26 453 0 0 46 56 27 0 98 5 169 240 1,557 NEFS4 13 35 66 3,480 2,727 572 8 10 46 252 141 9 98 17 1,509 599 2,496 Fmt 4702 Sfmt 4725 E:\FR\FM\22JNP1.SGM NEFS5 2 4 0 530 416 0 5 86 2 12 9 6 0 155 3 7 17 NEFS6 9 24 18 1,903 1,492 255 10 22 28 105 84 21 64 25 1,192 290 1,298 NEFS 7 4 11 5 880 689 39 12 10 17 20 15 18 34 10 80 41 179 NEFS8 21 55 1 3,868 3,031 5 38 22 20 56 40 289 10 116 114 35 241 NEFS9 42 112 19 7,312 5,731 492 90 36 80 261 152 445 41 232 2,032 472 2,499 NEFS 10 1 3 14 107 84 83 0 2 30 25 27 0 126 6 73 45 273 NEFS 11 1 3 76 24 19 205 0 0 18 55 31 0 29 0 441 350 3,542 NEFS 12 2 5 18 61 48 70 0 0 60 14 9 0 108 3 52 22 324 NEFS 13 New Hampshire Permit Bank 39 103 6 13,081 10,252 70 124 87 66 228 150 243 43 214 961 159 1,029 0 0 7 0 0 2 0 0 0 1 0 0 1 0 4 6 44 Sustainable Harvest Sector 1 9 23 37 1,641 1,286 317 3 1 24 172 70 78 66 11 1,364 623 2,862 22JNP1 Sustainable Harvest Sector 2 1 2 2 261 205 5 8 9 6 19 10 6 13 14 59 25 104 Sustainable Harvest Sector 3 53 140 57 19,458 15,250 2,141 40 31 64 771 413 185 70 224 8,567 2,478 9,399 Sectors Total 316 832 598 64,583 50,615 6,580 353 334 718 2,636 1,582 1,355 1,338 1,136 22,325 7,344 39,030 Common Pool 6 16 20 427 335 70 5 71 32 46 35 11 71 137 123 56 249 *The data in this table are based on fishing year 2017 sector rosters. "Numbers are rounded to the nearest thousand lbs. In some cases, this table shows an allocation ofO, but that sector may be allocated a small amount of that stock in tens or hundreds pounds. A The data in the table represent the total allocations to each sector. EP22JN17.001</GPH> Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules 15:48 Jun 21, 2017 fishin~ Table 11. Proposed ACE in 1,000 lbs), by stock, for each sector for sradovich on DSK3GMQ082PROD with PROPOSALS VerDate Sep<11>2014 Q) E IU z .... fll IU w "'C 0 fll ~ "'C Jkt 241001 (.) ID PO 00000 42 1 0 1 (.) C) (.) ID C) 0 ::iE Q) Frm 00048 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 en Fixed Gear Sector MCCS Maine Permit Bank NCCS NEFS 1 NEFS 2 NEFS 3 NEFS4 NEFS 5 NEFS 6 NEFS 7 NEFS 8 NEFS 9 NEFS10 NEFS 11 NEFS12 NEFS13 New Hampshire Permit Bank Sustainable Harvest Sector 1 Sustainable Harvest Sector 2 Sustainable Harvest Sector 3 Sectors Total Common Pool "'C 0 0 t) a - - 9 1 6 1 4 2 10 19 0 1 1 18 0 4 0 24 143 3 23 3 16 2 11 5 25 51 1 2 2 47 0 10 1 63 378 7 stocK, tor eacn sector tor nsn1n g year .lUll. ..lO: u 0 u -cu; "'CQ) ~;: 0 "'C"Cfll 1U IU :z:W 8 27 3 6 0 52 28 30 0 8 2 0 8 7 34 8 3 3 17 1 26 271 9 ID ID C) C) 110 4 1 2 IJ ..lO: C) 1,871 283 13 104 1,466 222 10 81 - - 3,147 15 1,578 241 863 399 1,754 3,317 49 11 28 5,934 0 744 118 8,826 29,295 194 2,466 12 1,237 189 677 313 1,375 2,599 38 9 22 4,650 0 583 93 6,917 22,959 152 ..lO: ::ii:g a-c Q) 1-:p !;: :p !;: .... <("'C >-"g ID ::iE"C ::iE s::: as:: e>"g 0.2 w 5 - 0 :I: zu:::: (.) LL uu:::: en 62 192 34 46 0 515 205 259 0 116 18 2 223 38 93 32 32 1 144 2 971 2,985 32 :::J 0 3 0 1 0 3 0 4 2 4 6 17 41 0 0 0 56 0 2 4 18 160 2.37 1 2 0 1 0 3 0 4 39 10 5 10 16 1 0 0 39 0 1 4 14 151 32 C) :::J 10 11 1 6 0 67 21 21 1 13 8 9 36 14 8 27 30 0 11 3 29 326 14 s::: IU Q) .!::! u .... Q) ·IU Ea.. <( 12 121 14 7 0 113 25 114 5 47 9 25 118 11 25 6 103 0 78 9 350 1,196 21 .... ..r::. Q) ~ G; .... Q) .... c:a~ ;:-g - s::: 3: § 3:.2 ou.. au: m-2 :!EO u-c s::: "'C :::J LL C) 16 55 5 9 0 97 12 64 4 38 7 18 69 12 14 4 68 0 32 5 187 718 16 0 4 0 0 0 20 0 4 3 9 8 131 202 0 0 0 110 0 36 3 84 615 5 87 20 3 14 0 120 45 44 0 29 15 4 19 57 13 49 19 0 30 6 32 607 32 Q) :p ..r::. ..lO: w~§ ;:;:::: :I: en D:: :c - 0 ;: D.. 284 606 84 102 0 1,512 77 684 1 541 36 52 922 33 200 23 436 2 619 27 3,886 10,126 56 196 352 55 66 0 216 109 272 3 131 19 16 214 21 159 10 72 3 283 11 1,124 3,331 25 1,429 1,903 298 314 0 2,029 706 1,132 8 589 81 109 1,133 124 1,607 147 467 20 1,298 47 4264 17,704 113 <( .... ::ii:GI"'C z;:o U:::: 14 9 0 4 0 21 2 8 70 11 5 53 105 3 0 1 97 0 5 6 101 515 62 fll "'C Q) IU Q) *The data in this table are based on fishing year 2017 sector rosters. ~umbers are rounded to the nearest metric ton, but allocations are made in pounds. In some cases, this table shows a sector allocation of 0 metric tons, but that sector may be allocated a small amount of that stock in pounds. "' The data in the table represent the total allocations to each sector. ..lO: u 0 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules 15:48 Jun 21, 2017 - - laiJie l.l. rroposea ALE tJD metriC tODSJ, 28459 EP22JN17.002</GPH> 28460 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules BILLING CODE 3510–22–C Sector Carryover From Fishing Year 2016 to Fishing Year 2017 Sectors can carry over up to 10 percent of the unused initial allocation for each stock into the next fishing year. However, the maximum available carryover may be reduced if up to 10 percent of the unused sector sub-ACL, plus the total ACL for the upcoming fishing year, exceeds the total ABC. Based on the catch limits proposed in this action, or previously established in Framework 55, we evaluated whether the total potential catch in the 2017 fishing year would exceed the proposed or established 2017 ABC if sectors carried over the maximum 10 percent of announce this adjustment as soon as possible. Based on the catch limits proposed in this rule, the de minimis carryover amount for fishing year 2017 would be set at the default one percent of the 2017 overall sector sub-ACL. The overall de minimis amount will be applied to each sector based on the cumulative PSCs of the vessel/permits participating in the sector. If the overall ACL for any allocated stock is exceeded for fishing year 2017, the allowed carryover harvested by a sector minus its specified de minimis amount, will be counted against its allocation to determine whether an overage, subject to an AM, occurred. unused allocation from 2016 to 2017 (Table 13). Under this scenario, total potential catch would exceed the 2017 ABC for all stocks except for Gulf of Maine (GOM) haddock and witch flounder. As a result, we expect we will need to adjust the maximum amount of unused allocation that a sector can carry forward from 2016 to 2017 (down from 10 percent). It is possible that not all sectors will have 10 percent of unused allocation at the end of fishing year 2016. We will make final adjustments to the maximum carryover possible for each sector based on the final 2016 catch for the sectors, each sector’s total unused allocation, and proportional to the cumulative PSCs of vessels/permits participating in the sector. We will TABLE 13—EVALUATION OF MAXIMUM CARRYOVER ALLOWED FROM THE 2016 TO 2017 FISHING YEARS [mt, live weight] 2016 sector sub-ACL (B) Stock Potential max carryover (10% of 2016 sector subACL) (C) = (B) * 10% GB Cod .................................. GOM cod ............................... GB Haddock .......................... GOM Haddock ....................... SNE/MA Yellowtail Flounder CC/GOM Yellowtail Flounder American Plaice .................... Witch Flounder ...................... GB Winter Flounder .............. GOM Winter Flounder ........... SNE/MA Winter Flounder ...... Redfish .................................. White Hake ............................ Pollock ................................... 597 271 51,327 2,390 157 326 1,163 362 585 606 523 9,474 3,433 17,704 2017 total ACL Total potential catch in FY 17 (FY 16 sector carryover + FY 17 ACL) 2017 U.S. ABC Results By how much? (D) (E) = (C) + (D) (F) (G) = (E) > (F)? (H) = (E)¥(F) 60 27 5,133 239 16 33 116 36 59 61 52 947 343 1,770 637 473 54,568 4,285 256 409 1,272 839 683 776 749 10,514 3,467 20,374 697 501 59,701 4,524 272 442 1,388 876 741 837 801 11,461 3,811 22,145 665 500 57,398 4,534 267 427 1,336 878 702 810 780 11,050 3,686 21,312 Higher than ABC ................... Higher than ABC ................... Higher than ABC ................... Lower than ABC .................... Higher than ABC ................... Higher than ABC ................... Higher than ABC ................... Lower than ABC .................... Higher than ABC ................... Higher than ABC ................... Higher than ABC ................... Higher than ABC ................... Higher than ABC ................... Higher than ABC ................... 32 1 2,303 ¥10 5 15 52 ¥2 39 27 21 411 125 833 Note: Carryover of GB yellowtail flounder is not allowed because this stock is jointly managed with Canada. 9. Fishing Year 2017 Annual Measures Under Regional Administrator Authority sradovich on DSK3GMQ082PROD with PROPOSALS The FMP gives us authority to implement certain types of management measures for the common pool fishery, the U.S./Canada Management Area, and Special Management Programs on an annual basis, or as needed. This proposed rule includes a description of these management measures that are being considered for fishing year 2017 in order to provide an opportunity for the public to comment on whether the proposed measures are appropriate. These measures are not part of Framework 56, and were not specifically proposed by the Council. We are proposing them in conjunction with Framework 56 measures in this action for efficiency purposes, and because they relate to the catch limits proposed in Framework 56. Witch Flounder Common Pool Trip Limits As discussed above in section ‘‘4. Catch Limits,’’ this action proposes to increase the witch flounder ABC for fishing year 2017. We propose to adjust the common pool witch flounder trip limit in response to this increase, after considering changes to the common pool sub-ACLs and sector rosters from 2016 to 2017, proposed trimester TACs for 2017, catch rates of witch flounder during 2016, and other available information. Table 14 summarizes the current common pool trip limit for witch flounder for fishing year 2017 implemented on May 1, 2017 (82 FR 20285; May 1, 2017), and the proposed trip limit. The common pool trip limits for all other groundfish stocks remains the same as those implemented on May 1, 2017. TABLE 14—PROPOSED COMMON POOL TRIP LIMITS FOR FISHING YEAR 2017 Stock Current 2017 trip limit Witch Flounder ................................................... 150 lb (68 kg)/trip ............................................. VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 PO 00000 Frm 00049 Fmt 4702 Sfmt 4702 Proposed 2017 trip limit 400 lb (181 kg)/trip. E:\FR\FM\22JNP1.SGM 22JNP1 28461 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules Closed Area II Yellowtail Flounder/ Haddock Special Access Program This action proposes to allocate zero trips for common pool vessels to target yellowtail flounder within the Closed Area II Yellowtail Flounder/Haddock SAP for fishing year 2017. Vessels could still fish in this SAP in 2017 to target haddock, but must fish with a haddock separator trawl, a Ruhle trawl, or hook gear. Vessels would not be allowed to fish in this SAP using flounder trawl nets. This SAP is open from August 1, 2017, through January 31, 2018. We have the authority to determine the allocation of the total number of trips into the Closed Area II Yellowtail Flounder/Haddock SAP based on several criteria, including the GB yellowtail flounder catch limit and the amount of GB yellowtail flounder caught outside of the SAP. The FMP specifies that no trips should be allocated to the Closed Area II Yellowtail Flounder/Haddock SAP if the available GB yellowtail flounder catch is insufficient to support at least 150 trips with a 15,000-lb (6,804-kg) trip limit (or 2,250,000 lb (1,020,600 kg)). This calculation accounts for the projected catch from the area outside the SAP. Based on the proposed fishing year 2017 GB yellowtail flounder groundfish sub-ACL of 363,763 lb (165,000 kg), there is insufficient GB yellowtail flounder to allocate any trips to the SAP, even if the projected catch from outside the SAP area is zero. Further, given the low GB yellowtail flounder catch limit, catch rates outside of this SAP are more than adequate to fully harvest the 2017 GB yellowtail flounder allocation. 10. Fishing Year 2017 Northern and Southern Windowpane Flounder Accountability Measures In fishing year 2015, the total ACLs for both northern and southern windowpane flounder were exceeded by more than 20 percent (Table 16). For both stocks, the overage was greater than the management uncertainty buffers, which means that catch exceeded the ABCs. This section describes the AMs for both windowpane flounder stocks that would go into effect upon publication of the Framework 56 final rule, and until April 30, 2018. Because Framework 56 proposes measures to address the operational issue that contributed to the northern windowpane flounder ACL overage, we are requesting specific comment on this AM. At the request of the NEFMC and the Mid-Atlantic Fishery Management Council (MAFMC), we are also requesting comment on the southern windowpane flounder AM for future actions. The AM areas for either stock are triggered if the catch limit for a given year is exceeded by more than 5 percent. The AM areas are implemented at the start of the next fishing year after the final catch information is available, meaning the overage in 2015 triggers an AM for 2017. If windowpane catch is between 5 and 20 percent over the limit for either stock, the Small AM Area restriction for the stock is triggered (Figure 1). If windowpane catch is more than 20 percent over the limit for either stock, the Large AM Area restriction is triggered. When the AM areas are effective, certain vessels are required to use approved selective gear types that limit flatfish catch. Sectors cannot request an exemption from these AMs. The AMs would remain in place until April 30, 2018, unless modified through a future action to account for updated information as specified in the regulations. As long as additional overages do not occur, the AMs would be removed at the start of fishing year 2018, beginning on May 1, 2018. An overview of the windowpane AM is available here: https:// www.nero.noaa.gov/sfd/sfdmulti.html. TABLE 16—FISHING YEAR 2015 WINDOWPANE FLOUNDER ACLS AND CATCH OFL (mt) Stock Northern windowpane flounder ...... Southern windowpane flounder ..... ABC (mt) 243 833 Catch (mt and percent of ACL or sub-ACL) Total ACL (mt) 151 548 Total 144 527 Groundfish fishery (%) 196 136% 643 122% Scallop fishery (%) 75 135 (*) 115 State waters (%) Other sub-component (%) 84 71 275 138 * Scallop catch of northern windowpane flounder is counted toward the other sub-component. sradovich on DSK3GMQ082PROD with PROPOSALS Northern Windowpane Flounder Fishing year 2015 catch exceeded the total ACL for northern windowpane flounder by 36 percent. Unlike previous years, the groundfish fishery did not exceed its sub-ACL for this stock in 2015. Catch from the other subcomponent, primarily the scallop fishery, contributed to the overage. Because no other fishery had an allocation of this stock in 2015, the groundfish fishery would be held responsible for the overage. Catch exceeded the ACL by more than 20 percent, and therefore the large Northern windowpane flounder AM area would take effect for all groundfish trawl vessels upon publication of the Framework 56 final rule (Figure 1). As described in section ‘‘5. Allocation of VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 Northern Windowpane Flounder for the Scallop Fishery,’’ Framework 56 also proposes to establish an allocation for the scallop fishery to address the operational issue that contributed to the 2015 ACL overage. Southern Windowpane Flounder Total 2015 catch exceeded the total ACL for southern windowpane flounder by more than 20 percent. The groundfish fishery, the scallop fishery, and the other non-groundfish fisheries all contributed to the overage. The New England and Mid-Atlantic Fishery Management Councils requested that we consider removing or modifying the southern windowpane accountability measures for fishing year 2017. In support of their requests, the Councils pointed to the status of the southern PO 00000 Frm 00050 Fmt 4702 Sfmt 4702 windowpane flounder stock, as well as the potential economic impacts of the large AM on the groundfish, scallop, and large-mesh non-groundfish fisheries. The 2015 assessment update for southern windowpane flounder stock found that the stock is not overfished, and that overfishing is not occurring. The stock was declared fully rebuilt in 2010, and overfishing has not occurred for this stock since 2006, despite catch in excess of the ACL in all years from 2010–2015. The ABC was also exceeded in 2010, 2011, 2012, and 2013. In addition, survey indices suggest that stock size has been relatively stable, and increasing since hitting a time series low in the mid-1990s, and that stock size increased marginally between 2014 and 2016. The final rule for the 2009 E:\FR\FM\22JNP1.SGM 22JNP1 28462 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS revisions to the National Standard 1 Guidelines (74 FR 3178; January 16, 2009) discusses that, if available information indicates that a stock was above its BMSY level and continued to grow, even though the ACL was exceeded for the year, that could indicate that the overage did not have any adverse biological consequences that needed to be addressed through the AM. In line with this concept, the current southern windowpane flounder stock status, coupled with recent increases in stock size, suggest that the 2015 overage has not resulted in negative biological consequences for this stock. The New England Council conducted an analysis of calendar year 2015 revenue for yellowtail flounder, winter flounder, summer flounder and scup within the large AM areas. This analysis provides additional details of the extent of the economic impacts on nongroundfish fisheries. In 2015, within the large AM closure area, large-mesh bottom-trawl fisheries for yellowtail flounder, winter flounder, summer flounder, and scup revenues were $2 million. Implementing the large AM area would result in substantial loss of VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 revenue for these fisheries, as well as the groundfish and scallop fisheries. The regulations provide a formulaic trigger for both windowpane AMs. If the ACL for either windowpane stock is exceeded by more than 20 percent, we are required to implement the large AM area, regardless of current stock status. AMs are management controls to prevent ACLs from being exceeded and to correct or mitigate ACL overages if they occur. AMs should address and minimize the frequency and magnitude of overages and correct the problem that caused the overage in as short a time as possible. We are requesting public comment on implementing the large AM area for southern windowpane in fishing year 2017 in comparison to the small AM area. When the Council developed the southern windowpane AM areas in Framework 47 to the Northeast Multispecies FMP (77 FR 26104; May 2, 2012), it selected boundaries for the areas that were potentially larger than would be expected to achieve the desired catch reductions due to uncertainty in the analysis. Framework 47 also states that the boundaries may be adjusted in the future as experience is gained on the PO 00000 Frm 00051 Fmt 4702 Sfmt 4702 effectiveness of the AM system. We are seeking comments on how and to what degree implementing the small AM area could alleviate some of the anticipated economic impacts of the large AM area, while ensuring it would be consistent with the objectives of the New England and Mid-Atlantic Council fishery management plans. We are also seeking comments on potential future adjustments to the AM that would balance achieving optimum yield and taking into account the needs of fishing communities, without compromising the purpose of the AMs and the conservation objectives to prevent overfishing of the southern windowpane flounder stock. Because the ACL was exceeded by more than 20 percent, the large AM area would take effect upon implementation of the Framework 56 final rule, for all groundfish trawl vessels, and for nongroundfish trawl vessels fishing with a codend mesh size of 5 inches (12 cm) or greater (Figure 1). The scallop fishery AM restricts the use of dredge gear in the area west of 71° W. longitude, excluding the Mid-Atlantic scallop access areas, for the month of February 2018. E:\FR\FM\22JNP1.SGM 22JNP1 sradovich on DSK3GMQ082PROD with PROPOSALS Review of Framework 52 Provisions for Windowpane Flounder AMs Framework 52 (80 FR 2021; January 15, 2015) implemented a provision that allows us to reduce the size of either windowpane AM area restriction for groundfish vessels if the stock is rebuilt and the biomass criterion is met. The biomass criterion is defined as the most recent 3-year average of catch per tow from the fall surveys multiplied by 75 percent of FMSY (fishing mortality at maximum sustainable yield). Northern windowpane flounder is not rebuilt, and thus, does not meet the first criterion for this provision. However, because southern windowpane flounder is rebuilt, we reviewed the biomass criterion for this stock. Based on the 2014–2016 fall surveys, the most recent 3-year average catch per tow is 0.33 kg, and when applied to 75 percent FMSY VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 (1.52), results in 500 mt, which is less than the 2015 catch (643 mt). As a result, the biomass criterion is not met, and the size of the AM cannot be reduced for southern windowpane flounder at this time based on this criterion. We note that Framework 52 only intended for this provision to reduce the size of the southern windowpane AM for groundfish vessels, and did not intend to reduce the size of the AM for non-groundfish trawl vessels. 11. Regulatory Corrections Under Regional Administrator Authority We are proposing minor changes to the regulatory text to simplify the regulations, and clarify regulatory intent. This proposed rule clarifies the regulatory text regarding net obstruction PO 00000 Frm 00052 Fmt 4702 Sfmt 4702 28463 or constriction in § 648.80 to improve enforceability. This proposed rule would remove § 648.85(d), which describes the now obsolete haddock incidental catch allowance for some Atlantic herring vessels as a special access program within the Northeast multispecies fishery. The haddock incidental catch allowances were codified in the regulations at § 648.90(a)(4)(iii)(D) as midwater trawl sub-ACLs for the GOM and GB haddock stocks when we implemented ACLs and AMs in Amendment 16. This proposed rule would remove the references to § 648.85(d) throughout the regulations, and replace them with the reference to the haddock mid-water trawl sub-ACLs. This proposed rule clarifies the regulatory text that describes the windowpane flounder and ocean pout accountability measures in § 648.90. E:\FR\FM\22JNP1.SGM 22JNP1 EP22JN17.003</GPH> Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules 28464 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules 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 56, other provisions of the Magnuson-Stevens Act, and other applicable law. In making the final determination, we 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. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. Framework Adjustment 56 proposes to revise groundfish catch limits for four of the 20 groundfish stocks for fishing years 2017–2019 (May 1, 2017, through April 30, 2020), adjust several allocations and accountability measures (AMs) for groundfish catch in nongroundfish fisheries, and make other administrative changes to groundfish management measures. Our analysis of the likely economic impacts of Framework 56 measures predicts that the proposed action will have positive impacts on fishing vessels, purchasers of seafood products, recreational anglers, and operators of party/charter businesses. sradovich on DSK3GMQ082PROD with PROPOSALS Description of Regulated Entities For the purposes of our Regulatory Flexibility Act analysis, the proposed action is considered to regulate ownership entities that are potentially affected by the action. Ownership entities are identified on June 1st of each year based on the list of any type of northeast Federal fishing permit for the most recent complete calendar year. For this action, ownership data was drawn from permits issued for fisheries in 2015. As of the beginning of fishing year 2015 (May 1, 2015), NOAA’s National Marine Fisheries Service (NMFS) issued 3,079 permits that this action potentially affects. Ownership data collected from 2015 permit holders indicates that there are 1,505 distinct business entities that hold at least one permit that could be directly regulated by the proposed action. Of the VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 3,079 permits held by these business entities, there were 919 limited access groundfish permits, 268 recreational handgear permits, 726 limited access and general category Atlantic sea scallop permits, 798 small-mesh multispecies permits, and 368 Atlantic herring permits. There were 2,037 vessels associated with these permits. Each vessel may be individually owned or part of a larger corporate ownership structure. For RFA purposes only, NMFS established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing (NAICS code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide. The determination as to whether the entity is large or small is based on the average annual revenue for the 3 years from 2013 through 2015. Ownership data for calendar year 2015 permits contains gross sales associated with the permits for calendar years 2013 through 2015 that were issued to the 1,505 business entities. Of these 1,505 entities, 202 are inactive and do not have revenues. Using NMFS size standards, 1,495 of the 1,505 entities are categorized as small. The remaining 10 are categorized as large entities. Description of Proposed Framework 56 Measures Annual Catch Limits Framework Adjustment 56 would update 2017–2019 catch limits for witch flounder and 2017 catch limits for the three U.S./Canada stocks (Eastern Georges Bank (GB) cod, Eastern GB haddock, and GB yellowtail flounder). Compared to 2016, Framework 56 would increase the catch limits for Eastern GB cod (by 6 percent), Eastern GB haddock (by 94 percent), and witch flounder (by 91 percent), and would decrease the catch limit for GB yellowtail flounder (by 23 percent). The proposed action allows additional fishing opportunities for the commercial components of the groundfish fishery by extending fishing in the Eastern U.S./ Canada area. If no action is taken, the Eastern U.S./Canada area would only be open to fishing for three months (May through July), and the proposed action would keep this area open year-round. The increases in the catch limits for Eastern GB cod, Eastern GB haddock, PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 and witch flounder, as well as the fact that the proposed action would keep the Eastern U.S./Canada area for the full fishing year, more than offset the decrease in the catch limit for GB yellowtail flounder. Allocation for Northern Windowpane Flounder for the Scallop Fishery The proposed action would establish a northern windowpane flounder allocation for the scallop fishery equal to 21 percent of the northern windowpane flounder catch limit. The allocation would cap the incidental catch of northern windowpane flounder in the scallop fishery. Until an AM is developed for the scallop fishery, the 21-percent northern windowpane flounder allocation would have little to no impact on the scallop fishery. Revised Threshold for Scallop Accountability Measures Framework 56 proposes to temporarily change the threshold for implementing scallop fishery AMs for its allocations for GB yellowtail flounder and northern windowpane flounder. Currently, the scallop fishery is subject to AMs for these stocks if either: (1) The scallop fishery exceeds its sub-ACL and the total ACL is exceeded; or (2) the scallop fishery exceeds its sub-ACL by 50 percent or more. The proposed action would only implement scallop fishery AMs for GB yellowtail flounder and northern windowpane flounder if the scallop fishery exceeds its sub-ACL and the total ACL is exceeded in 2017 or 2018. This adjustment provides flexibility for the scallop fishery to operate in years when its allocations for GB yellowtail flounder and northern windowpane flounder are low. In the case of northern windowpane flounder, this adjustment could help offset any potential negative impacts that may result from the AM, once it is developed. A change in availability due to improved stock conditions could increase the likelihood that groundfish fishery participants would target GB yellowtail flounder. In order to avoid ACL overages, the groundfish fishery may need to limit efforts to target GB yellowtail flounder in 2017 or 2018 if scallop fishery catch is high. However, in recent years, GB yellowtail flounder catch in the groundfish fishery has been low, and less than 40 percent of the groundfish fishery sub-ACL was caught in fishing years 2013 through 2015. Groundfish fishery catch is not expected to increase in 2017, and as a result, this action would not have negative economic impacts for the groundfish fishery. E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules Increase to GB Haddock Catch Limit for the Midwater Trawl Fishery ■ Framework 56 proposes to increase the Atlantic herring midwater trawl fishery’s haddock catch cap for the GB haddock stock from 1 percent of the U.S. ABC to 1.5 percent. This increase is expected to provide additional opportunity to achieve optimum yield in the herring fishery, while still minimizing GB haddock catch in midwater trawl gear. The proposed increased allocation should provide better opportunity for the Atlantic herring fishery to avoid triggering the AM while taking into account GB haddock conditions and minimizing bycatch to the extent practicable. The AM reduces herring possession to 2,000 lb throughout most of the GB stock area until the end of the groundfish fishing year. Overall, the measures proposed in Framework 56 are expected to have a positive economic effect on small entities. The changes to annual catch limits allow for nine additional months of fishing in the Eastern U.S./Canada fishing area, and generate additional groundfish gross revenues. This action would provide groundfish, scallop, and herring fishermen with additional fishing opportunities, enhance their operational flexibility, and increase profits. This action is not expected to have a significant or substantial effect on small entities. The effects on the regulated small entities identified in this analysis are expected to be positive. Under the proposed action, small entities would not be placed at a competitive disadvantage relative to large entities, and the regulations would not reduce the profits for any small entities. As a result, an initial regulatory flexibility analysis is not required, and none has been prepared. § 648.80 NE Multispecies regulated mesh areas and restrictions on gear and methods of fishing. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Recordkeeping and reporting requirements. sradovich on DSK3GMQ082PROD with PROPOSALS Dated: June 19, 2017. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. 1. The authority citation for part 648 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 * * * * * (g) Restrictions on gear and methods of fishing—(1) Net obstruction or constriction. Except as provided in paragraph (g)(5) of this section, a fishing vessel subject to minimum mesh size restrictions shall not use, or attach any device or material, including, but not limited to, nets, net strengtheners, ropes, lines, or chafing gear, on the top of a trawl net, except that one splitting strap and one bull rope (if present), consisting of line and rope no more than 3 in (7.6 cm) in diameter, may be used if such splitting strap and/or bull rope does not constrict, in any manner, the top of the trawl net. ‘‘The top of the trawl net’’ means the 50 percent of the net that (in a hypothetical situation) would not be in contact with the ocean bottom during a tow if the net were laid flat on the ocean floor. For the purpose of this paragraph, head ropes are not considered part of the top of the trawl net. (2) Net obstruction or constriction. (i) Except as provided in paragraph (g)(5) of this section, a fishing vessel may not use, or attach, any mesh configuration, mesh construction, or other means on or in the top of the net, as defined in paragraph (g)(1), subject to minimum mesh size restrictions, as defined in paragraph (g)(1) of this section, if it obstructs the meshes of the net in any manner. * * * * * § 648.85 [Amended] 3. In § 648.85, remove paragraph (d) and redesignate paragraph (e) as paragraph (d). ■ 4. In § 648.90: ■ a. Revise paragraphs (a)(4)(iii)(D) and (E), and paragraph (a)(5)(i)(D)(1); ■ b. Add paragraph (a)(5)(i)(D)(4); ■ c. Revise paragraph (a)(5)(iv). The additions and revisions read as follows: ■ § 648.90 NE multispecies assessment, framework procedures, and specifications, and flexible area action system. 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 2. In § 648.80, revise paragraphs (g)(1) and (g)(2)(i) to read as follows: (a) * * * (4) * * * (iii) * * * (D) Haddock catch by the midwater trawl Atlantic herring fishery. (1) SubACL values. The midwater trawl Atlantic herring fishery will be allocated sub-ACLs equal to 1 percent of the GOM haddock ABC, and 1.5 percent of the GB haddock ABC (U.S. share only), PO 00000 Frm 00054 Fmt 4702 Sfmt 4702 28465 pursuant to the restrictions in § 648.86(a)(3). The sub-ACLs will be set using the process for specifying ABCs and ACLs described in paragraph (a)(4) of this section. For the purposes of these sub-ACLs, the midwater trawl Atlantic herring fishery includes vessels issued a Federal Atlantic herring permit and fishing with midwater trawl gear in Management Areas 1A, 1B, and/or 3, as defined in § 648.200(f)(1) and (3). (2) GB haddock sub-ACL Review. Following an assessment of the total GB haddock stock, the Groundfish PDT will conduct a review of the sub-ACL and recommend to the Groundfish Committee and Council a sub-ACL for the midwater trawl Atlantic herring fishery of 1 and up to 2 percent of the GB haddock U.S. ABC. The sub-ACL review should consider factors including, but not limited to, groundfish fishery catch performance, expected groundfish fishery utilization of the GB haddock ACL, status of the GB haddock resource, recruitment, incoming yearclass strength, and evaluation of the coefficient of variation of the GB haddock incidental catch estimates for the midwater trawl Atlantic herring fishery. (E) Windowpane flounder catch by the Atlantic sea scallop fishery. The Atlantic sea scallop fishery, as defined in subpart D of this part, will be allocated sub-ACLs equaling 21 percent of the northern windowpane flounder ABC and 36 percent of the southern windowpane flounder ABC. The subACLs will be set using the process for specifying ABCs and ACLs described in paragraph (a)(4) of this section. * * * * * (5) * * * (i) * * * (D) * * * (1) Windowpane flounder. 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, 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 areas(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 E:\FR\FM\22JNP1.SGM 22JNP1 28466 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules sradovich on DSK3GMQ082PROD with PROPOSALS 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 § 648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in § 648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in § 648.84(e); or any other gear approved consistent with the process defined in § 648.85(b)(6). If an overage of the overall ACL for southern windowpane flounder is 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 subcomponents of the fishery, including, but not limited to, exempted fisheries that occur in Federal waters and fisheries harvesting exempted species specified in § 648.80(b)(3). If an overage of the overall ACL for southern windowpane flounder is 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 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 is allocated to another fishery, consistent with the process specified at paragraph (a)(4) of this section, 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 subcomponents of the fishery pursuant to paragraph (a)(5) of this section exceeds the common pool sub-ACL) and the overall ACL is also exceeded. NORTHERN WINDOWPANE FLOUNDER AND OCEAN POUT SMALL AM AREA Point 1 2 3 4 5 6 ................ ................ ................ ................ ................ ................ VerDate Sep<11>2014 N. latitude 41°10′ 41°10′ 41°00′ 41°00′ 40°50′ 40°50′ 15:48 Jun 21, 2017 W. longitude 67°40′ 67°20′ 67°20′ 67°00′ 67°00′ 67°40′ Jkt 241001 NORTHERN WINDOWPANE FLOUNDER AND OCEAN POUT SMALL AM AREA—Continued Point N. latitude 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. W. longitude (i) Reducing the size of an AM. If the overall northern or southern 1 ................ 41°10′ 67°40′ windowpane flounder ACL is exceeded by more than 20 percent and NMFS NORTHERN WINDOWPANE FLOUNDER determines that: The stock is rebuilt, and the biomass criterion, as defined by AND OCEAN POUT LARGE AM AREA the Council, is greater than the most recent fishing year’s catch, then only the Point N. latitude W. longitude respective small AM may be 1 ................ 42°10′ 67°40′ implemented as described in paragraph 2 ................ 42°10′ 67°20′ (a)(5)(i)(D)(1) of this section, consistent 3 ................ 41°00′ 67°20′ with the Administrative Procedure Act. 4 ................ 41°00′ 67°00′ This provision only applies to a limited 5 ................ 40°50′ 67°00′ access NE multispecies permitted vessel 6 ................ 40°50′ 67°40′ fishing on a NE multispecies DAS or 1 ................ 42°10′ 67°40′ sector trip. (ii) Reducing the duration of an AM. SOUTHERN WINDOWPANE FLOUNDER If the northern or southern windowpane flounder AM is implemented in the AND OCEAN POUT SMALL AM AREA third fishing year following the year of an overage, as described in paragraph Point N. latitude W. longitude (a)(5)(i)(D) of this section, and NMFS 1 ................ 41°10′ 71°30′ subsequently determines that the 2 ................ 41°10′ 71°20′ applicable windowpane flounder ACL 3 ................ 40°50′ 71°20′ was not exceeded by any amount the 4 ................ 40°50′ 71°30′ year immediately after which the 1 ................ 41°10′ 71°30′ overage occurred (i.e., the second year), on or after September 1 the AM can be removed once year-end data are SOUTHERN WINDOWPANE FLOUNDER complete. This reduced duration does AND OCEAN POUT SMALL LARGE AM not apply if NMFS determines during AREA 1 year 3 that a year 3 overage of the applicable windowpane flounder ACL Point N. latitude W. longitude has occurred. This provision only applies to a limited access NE 1 ................ 41°10′ 71°50′ multispecies permitted vessel fishing on 2 ................ 41°10′ 71°10′ 3 ................ 41°00′ 71°10′ a NE multispecies DAS or sector trip. * * * * 4 ................ 41°00′ 71°20′ * (4) Ocean pout. Unless otherwise 5 ................ 40°50′ 71°20′ 6 ................ 40°50′ 71°50′ specified in paragraphs (a)(5)(i)(D)(1)(i) 1 ................ 41°10′ 71°50′ and (ii) of this section, if NMFS determines the total catch exceeds the overall ACL for ocean pout, as described SOUTHERN WINDOWPANE FLOUNDER in paragraph (a)(5)(i)(D)(1) of this AND OCEAN POUT LARGE AM AREA 2 section, by any amount greater than the management uncertainty buffer up to 20 Point N. latitude W. longitude percent greater than the overall ACL, the 1 ................ (1) 73°30′ applicable small AM area for the stock 2 ................ 40°30′ 73°30′ shall be implemented, as specified in 3 ................ 40°30′ 73°50′ paragraph (a)(5)(i)(D) of this section, 4 ................ 40°20′ 73°50′ consistent with the Administrative 5 ................ 40°20′ (2) Procedure Act. If the overall ACL is 6 ................ (3) 73°58.5′ exceeded by more than 20 percent, large 7 ................ (4) 73°58.5′ AM area(s) for the stock shall be 5 40°32.6′ 5 73°56.4′ 8 ................ implemented, as specified in paragraph 1 ................ (1) 73°30′ (a)(5)(i)(D) of this section, consistent with the Administrative Procedure Act. 1 The southernmost coastline of Long Island, The AM areas for ocean pout are NY, at 73°30′ W. longitude. 2 The easternmost coastline of NJ at 40°20′ defined in paragraph (a)(5)(i)(D)(1) of N. latitude, then northward along the NJ coast- this section, connected in the order line to Point 6. 3 The northernmost coastline of NJ at listed by rhumb lines, unless otherwise noted. Vessels fishing with trawl gear in 73°58.5′ W. longitude. 4 The southernmost coastline of Long Island, these areas may only use a haddock NY, at 73°58.5′ W. longitude. separator trawl, as specified in PO 00000 Frm 00055 Fmt 4702 Sfmt 4702 E:\FR\FM\22JNP1.SGM 22JNP1 Federal Register / Vol. 82, No. 119 / Thursday, June 22, 2017 / Proposed Rules § 648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in § 648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in § 648.84(e); or any other gear approved consistent with the process defined in § 648.85(b)(6). * * * * * (iv) AMs if the sub-ACL for the Atlantic sea scallop fishery is exceeded. At the end of the scallop fishing year, NMFS will evaluate whether Atlantic sea scallop fishery catch exceeded the sub-ACLs for any groundfish stocks allocated to the scallop fishery. On January 15, or when information is available to make an accurate projection, NMFS will also determine whether total catch exceeded the overall ACL for each stock allocated to the scallop fishery. When evaluating whether total catch exceeded the overall ACL, NMFS will add the maximum carryover available to sectors, as specified at § 648.87(b)(1)(i)(C), to the estimate of total catch for the pertinent stock. (A) Threshold for implementing the Atlantic sea scallop fishery AMs. If scallop fishery catch exceeds the scallop fishery sub-ACLs for any groundfish stocks in paragraph (a)(4) of this section by 50 percent or more, or if scallop fishery catch exceeds the scallop fishery sub-ACL by any amount and total catch exceeds the overall ACL for a given stock, then the applicable scallop fishery AM will take effect, as specified in § 648.64 of the Atlantic sea scallop regulations. (B) 2017 and 2018 fishing year threshold for implementing the Atlantic sea scallop fishery AMs for GB yellowtail flounder and Northern windowpane flounder. For the 2017 and 2018 fishing years only, if scallop fishery catch exceeds either GB Section yellowtail flounder or northern windowpane flounder sub-ACLs specified in paragraph (a)(4) of this section, and total catch exceeds the overall ACL for that stock, then the applicable scallop fishery AM will take effect, as specified in § 648.64 of the Atlantic sea scallop regulations. For the 2019 fishing year and onward, the threshold for implementing scallop fishery AMs for GB yellowtail flounder and northern windowpane flounder will return to that listed in paragraph (a)(5)(iv)(A) of this section. * * * * * § § 648.86, 648.90, and 648.201 § 648.85(d) § 648.85(d) § 648.85(d) § 648.85(d) 5. In the table below, for each section in the left column, remove the text from whenever it appears throughout the section and add the text indicated in the right column. Add ............................................... ............................................... ............................................... ............................................... § 648.90(a)(4)(iii)(D) § 648.90(a)(4)(iii)(D) § 648.90(a)(4)(iii)(D) § 648.90(a)(4)(iii)(D) ................................ ................................ ................................ ................................ [FR Doc. 2017–13050 Filed 6–21–17; 8:45 am] sradovich on DSK3GMQ082PROD with PROPOSALS BILLING CODE 3510–22–P VerDate Sep<11>2014 15:48 Jun 21, 2017 Jkt 241001 PO 00000 Frm 00056 Fmt 4702 Sfmt 9990 [Amended] ■ Remove § 648.86(a)(3)(ii)(A)(1) ............................. § 648.86(a)(4) .......................................... § 648.90(a)(5)(iii) ...................................... § 648.201(a)(2) ........................................ 28467 E:\FR\FM\22JNP1.SGM 22JNP1 Frequency 1 1 1 1

Agencies

[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Proposed Rules]
[Pages 28447-28467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13050]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170104014-7014-01]
RIN 0648-BG53

Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Groundfish Fishery; Framework Adjustment 56

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

ACTION: Proposed rule; request for comments.

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SUMMARY: This action proposes approval of, and regulations to
implement, Framework Adjustment 56 to the Northeast Multispecies
Fishery Management Plan. This rule would set catch limits for four of
the 20 groundfish stocks, adjust several allocations and accountability
measures (AMs) for groundfish catch in non-groundfish fisheries, and
make other administrative changes to groundfish management measures.
This action is necessary to respond to updated scientific information
and achieve the goals and objectives of the Fishery Management Plan.
The proposed measures are intended to help prevent overfishing, rebuild
overfished stocks, achieve optimum yield, and ensure that management
measures are based on the best scientific information available.

DATES: Comments must be received by July 7, 2017.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2017-0021,
by either of the following methods:
Federal eRulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0021; Click the ``Comment Now!'' icon
and 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
56.''
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. All comments we receive 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. We will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of Framework Adjustment 56, including the draft
Environmental Assessment, the Regulatory Impact Review, and the Initial
Regulatory Flexibility Analysis prepared by the New England Fishery
Management Council (NEFMC) in support of this action are available from
Thomas A. Nies, Executive Director, New England Fishery Management
Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The supporting
documents are also accessible via the Internet at: https://www.nefmc.org/management-plans/northeast-multispecies or https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies.

[[Page 28448]]

FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst,
phone: 978-281-9195; email: Aja.Szumylo@noaa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

1. Summary of Proposed Measures
2. Status Determination Criteria for Witch Flounder
3. Fishing Year 2017 Shared U.S./Canada Quotas
4. Catch Limits
5. Allocation of Northern Windowpane Flounder for the Scallop
Fishery
6. Revised Threshold for Scallop Accountability Measures
7. Increase to Georges Bank Haddock Catch Limit for the Midwater
Trawl Fishery
8. Sector Measures for Fishing Year 2017
9. Fishing Year 2017 Annual Measures Under Regional Administrator
Authority
10. Fishing Year 2017 Northern and Southern Windowpane Flounder
Accountability Measures
11. Regulatory Corrections Under Regional Administrator Authority

1. Summary of Proposed Measures

This action would implement the management measures in Framework
Adjustment 56 to the Northeast Multispecies Fishery Management Plan
(FMP). The Council deemed the proposed regulations consistent with, and
necessary to implement, Framework 56 in an April 13, 2017, letter from
Council Chairman John F. Quinn to Regional Administrator John Bullard.
Under the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), we are required to publish proposed rules for
comment after preliminarily determining whether they are consistent
with applicable law. The Magnuson-Stevens Act permits us to approve,
partially approve, or disapprove measures proposed by the Council based
on whether the measures are consistent with the fishery management
plan, plan amendment, the Magnuson-Stevens Act and its National
Standards, and other applicable law. Otherwise, we must defer to the
Council's policy choices. Some regulations authorize the Regional
Administrator to make determinations or implement specifications using
procedures consistent with the Administrative Procedure Act. The
Magnuson-Stevens Act also authorizes the Regional Administrator to put
in place regulations that are necessary to ensure the proper
administration of FMP goals and objectives. We are seeking comment on
the Council's proposed measures in Framework 56 and whether they are
consistent with the Magnuson-Stevens Act and its National Standards,
and other applicable law. Through Framework 56, the Council proposes
to:
Set 2017 specifications for three shared U.S./Canada
stocks (Eastern Georges Bank (GB) cod, Eastern GB haddock, and GB
yellowtail flounder);
Set 2017-2019 specifications for witch flounder;
Establish an allocation of northern windowpane flounder
for the scallop fishery;
Revise catch thresholds for implementing the scallop
fishery's accountability measures for GB yellowtail flounder and
northern windowpane flounder; and
Increase the GB haddock allocation for the midwater trawl
fishery.
This action also proposes a number of other measures that are not
part of Framework 56, but that may be considered and implemented under
our authority specified in the FMP. We are proposing these measures in
conjunction with the Framework 56 proposed measures for expediency
purposes, and because these measures are related to the catch limits
proposed as part of Framework 56. The additional measures proposed in
this action are listed below.
Management measures necessary to implement sector
operations plans--This action proposes annual catch entitlements for 19
sectors for fishing year 2017 based on final fishing year 2017 sector
rosters.
Management measures for the common pool fishery--This
action proposes to adjust the fishing year 2017 trip limit for witch
flounder for the common pool fishery, related to the proposed change to
the witch flounder specifications in this action.
2017 Accountability measures for windowpane flounder--This
action describes accountability measures for northern and southern
windowpane flounder that are implemented due to overages of fishing
year 2015 catch limits for both stocks. We informed the New England
Council of these accountability measures at its September 2016 meeting,
and in our September 27, 2016, letter to New England Council Executive
Director Thomas Nies, and in our October 7, 2016, letter to Mid-
Atlantic Council Executive Director Chris Moore. Given the potential
negative economic impact of these measures this year, we are seeking
public comment on these type of measures in similar circumstances for
the future through this proposed rule.

2. Status Determination Criteria for Witch Flounder

The Northeast Fisheries Science Center conducted a witch flounder
benchmark assessment in 2016. The final report for the benchmark
assessment is available on the NEFSC Web site: https://www.nefsc.noaa.gov/publications/crd/crd1703/. The assessment peer
review panel rejected the 2016 benchmark assessment model for witch
flounder. An important source of uncertainty for this assessment is a
major retrospective pattern, which causes the model to underestimate
fishing mortality and overestimate stock biomass and recruitment. The
assessment was unable to identify the cause of the retrospective
pattern. The model had other diagnostic issues in addition to the
retrospective pattern that indicated the model was a poor fit to the
underlying data. There was also an inconsistency between model-based
catchability estimates for the Northeast Fishery Science Center trawl
surveys and a recent gear catchability experiment. Biomass estimates
from the catchability experiment were about four times higher than the
biomass estimates from the model at the end of the time series.
As part of the review process, the peer review panel evaluated the
previous witch flounder benchmark assessment, originally conducted in
2008 and updated in 2012 and 2015. The 2008 benchmark assessment and
its updates all supported determinations that the witch flounder stock
was overfished, and that overfishing was occurring. The 2016 peer
review panel updated the 2008 benchmark as part of its review, and
ultimately rejected the update because it showed a large, unexplained
retrospective patterns similar to the 2016 benchmark assessment model.
The panel recommended that none of these assessments should be used as
a basis for determining witch flounder stock status.
Given the lack of an assessment model, the peer review panel
examined an alternative approach that used swept-area biomass estimates
to generate catch advice. The panel did not have sufficient time to use
this approach to fully develop alternative status determination
criteria. However, the panel provided recommendations to prevent
overfishing. The panel also concluded that stock biomass is at
historical low levels based on relative biomass estimates from the
alternative approach. In addition, the fishery landings and survey
catch indicate truncation of age structure and a reduction in the
number of old fish in the population. These are both indicators of poor
stock condition. We discuss additional details about the 2016 benchmark
assessment results, and the proposed 2017-2019 catch limits for

[[Page 28449]]

witch flounder, in section ``4. Catch Limits.''
We approved the existing status determination criteria for witch
flounder in Amendment 16 to the Northeast Multispecies FMP (75 FR
18261; April 9, 2010). The existing criteria state that the witch
flounder stock is subject to overfishing if the fishing mortality rate
(F) is above the F at 40 percent of maximum spawning potential. The
witch flounder stock is overfished if spawning stock biomass falls
below \1/2\ of the target, which is also calculated using F at 40
percent of maximum spawning potential. This definition was based on the
benchmark assessments reviewed during the 3rd Groundfish Assessment
Review Meeting (GARM III), completed in August 2008, and is the same as
the status determination criteria currently in place for most of the
Northeast multispecies stocks with age-based assessments.
The Council relied on the advice from the assessment peer review
panel and its Scientific and Statistical Committee (SSC) to recommend
changing the status determination criteria for witch flounder to
unknown. If the status determination criteria are changed to unknown,
however, there would be no measurable and objective standards in place
against which to judge the status of the witch flounder stock. We
propose disapproving the Council's recommendation, and maintaining the
existing criteria until a valid assessment model is available to use
for setting new catch limits or for generating new criteria. This is
new guidance to the Council, provided after it took final action on
Framework 56, and is different than the approach the Council has taken,
and that we have approved, for recommending status determination
criteria for other groundfish stocks with rejected assessments (e.g.,
GB yellowtail flounder).
Status determination relative to model-based reference points is no
longer possible for witch flounder, and we recognize that we do not
have fishing mortality and biomass estimates to compare to the existing
status determination criteria. In conjunction with the 2017 assessment
updates, we will work with the Council to use updated fishery
information to develop fishing mortality and biomass estimates and new
status determination criteria for this stock.
The witch flounder stock was previously listed as subject to
overfishing and overfished. Despite the rejection of the recent stock
assessments for stock status purposes and lack of numerical estimates
of stock size, there is qualitative information in the assessment that
supports continuing to list the status as overfished, but changing the
overfishing status from subject to overfishing to unknown. The
conclusion that the stock is at historical low levels and other signs
of poor stock condition, provide reliable indicators that support this
stock remaining listed as overfished. Unlike the overfished status, for
which we have reliable indicators of stock condition, we do not have
reliable indicators for the overfishing status. While we cannot specify
an overfishing status determination criterion for this stock, catch for
the last five years has been below the ACL. The lack of reliable
indicators, the rejection of the recent stock assessment, and the fact
that catch has remained below the ACL, support changing the overfishing
status of this stock to unknown.
In the meantime, we are proposing an acceptable biological catch
(ABC) as recommended by the Council, and catch data shows this ABC is
expected to prevent overfishing. The limits set from this
recommendation are based on historic catch rates and other data that
are expected to maintain or improve current biomass levels. There is
currently a rebuilding plan in place for witch flounder that has an end
date of 2017. We were waiting for the results of the 2016 assessment
update, as well as the revisions to the National Standard 1 Guidelines,
to provide guidance to the Council regarding how to proceed with the
rebuilding plan. Prior to the 2016 assessment, and based on the results
of the 2015 assessment update, which found that 2014 spawning stock
biomass was at 22 percent of the biomass target, and that the stock was
not expected to reach the 2017 rebuilding target even in the absence of
fishing mortality, we were anticipating that we would need to notify
the Council that it was necessary to revise the rebuilding plan.
Although a quantitative status determination relative to the 2016
benchmark assessment results is not possible, there are indications
that the stock is still in poor condition, and will continue to need
conservative management measures to promote stock growth. Based on what
we know of the stock's condition, the proposed catch limits are
designed to maintain or improve current biomass levels. We are
finalizing our guidance regarding any necessary adjustments to the
rebuilding plan and will advise the Council on the next steps prior to
the fall 2017 groundfish assessment updates. Additionally, at whatever
point the stock assessment for witch flounder can provide biomass
estimates, these estimates can be used to evaluate progress towards the
rebuilding targets.

3. Fishing Year Shared 2017 U.S./Canada Quotas

Management of Transboundary Georges Bank Stocks

Eastern GB cod, eastern GB haddock, and GB yellowtail flounder are
jointly managed with Canada under the United States/Canada Resource
Sharing Understanding. Each year, the Transboundary Management Guidance
Committee (TMGC), which is a government-industry committee made up of
representatives from the U.S. and Canada, recommends a shared quota for
each stock based on the most recent stock information and the TMGC's
harvest strategy. The TMGC's harvest strategy for setting catch levels
is to maintain a low to neutral risk (less than 50 percent) of
exceeding the fishing mortality limit for each stock. The harvest
strategy also specifies that when stock conditions are poor, fishing
mortality should be further reduced to promote stock rebuilding. The
shared quotas are allocated between the U.S. and Canada based on a
formula that considers historical catch (10-percent weighting) and the
current resource distribution (90-percent weighting).
For GB yellowtail flounder, the SSC also recommends an ABC for the
stock, which is typically used to inform the U.S. TMGC's discussions
with Canada for the annual shared quota. Although the stock is jointly
managed with Canada, and the TMGC recommends annual shared quotas, the
United States may not set catch limits that would exceed the SSC's
recommendation. The SSC does not recommend ABCs for eastern GB cod and
haddock because they are management units of the total GB cod and
haddock stocks. The SSC recommends overall ABCs for the total GB cod
and haddock stocks. The shared U.S./Canada quota for eastern GB cod and
haddock is accounted for in these overall ABCs, and must be consistent
with the SSC's recommendation for the total GB stocks.

2017 U.S./Canada Quotas

The Transboundary Resources Assessment Committee (TRAC) conducted
assessments for the three transboundary stocks in July 2016, and
detailed summaries of these assessments can be found at: https://www.nefsc.noaa.gov/saw/trac/. The TMGC met in September 2016 to
recommend shared quotas for 2017 based on the updated assessments, and
the Council adopted the TMGC's recommendations in Framework 56. The

[[Page 28450]]

proposed 2017 shared U.S./Canada quotas, and each country's allocation,
are listed in Table 1.

Table 1--Proposed Fishing Year 2017 U.S./Canada Quotas (mt, Live Weight) and Percent of Quota Allocated to Each
Country
----------------------------------------------------------------------------------------------------------------
Eastern GB GB Yellowtail
Quota Eastern GB cod haddock flounder
----------------------------------------------------------------------------------------------------------------
Total Shared Quota.............................................. 730 50,000 300
U.S. Quota...................................................... 146 (20%) 29,500 (59%) 207 (69%)
Canada Quota.................................................... 584 (80%) 20,500 (41%) 93 (31%)
----------------------------------------------------------------------------------------------------------------

The Council's proposed 2017 U.S. quota for eastern GB haddock would
be a 95-percent increase compared to 2016. This increase is due to an
increase in the shared U.S./Canada quota, as well as an increase in the
amount of the quota that is allocated to the United States. The
proposed 2017 U.S. quota for eastern GB cod would also be a small
increase from 2016 (6 percent). The Council's proposed U.S. quota for
GB yellowtail flounder would be a 23-percent decrease compared to 2016.
The decrease is in response to continued poor stock condition and a
decrease in the U.S. share of the quota. For a more detailed discussion
of the TMGC's 2017 catch advice, see the TMGC's guidance document under
the ``Resources'' tab at: https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/.
The regulations implementing the U.S./Canada Resource Sharing
Understanding require that any overages of the U.S. quota for eastern
GB cod, eastern GB haddock, or GB yellowtail flounder be deducted from
the U.S. quota in the following fishing year. If catch information for
fishing year 2016 indicates that the U.S. fishery exceeded its quota
for any of the shared stocks, we will reduce the respective U.S. quotas
for fishing year 2017 in a future management action, as soon as
possible. If any fishery that is allocated a portion of the U.S. quota
exceeds its allocation and causes an overage of the overall U.S. quota,
the overage reduction would only be applied to that fishery's
allocation in the following fishing year. This ensures that catch by
one component of the fishery does not negatively affect another
component of the fishery.

4. Catch Limits

Summary of the Proposed Catch Limits

The catch limits proposed by the Council in this action can be
found in Tables 2 through 9. A brief summary of how these catch limits
were developed is provided below. More details on the proposed catch
limits for each groundfish stock can be found in Appendix III to the
Framework 56 Environmental Assessment (see ADDRESSES for information on
how to get this document).
Last year, Framework 55 (81 FR 26412; May 2, 2016) adopted fishing
year 2016-2018 catch limits for all groundfish stocks, except for the
U.S./Canada stocks, which must be set every year. As discussed in
section ``2. Status Determination Criteria for Witch Flounder,'' the
Northeast Fisheries Science Center conducted a benchmark assessment for
witch flounder in December 2016. The Council considered the results of
the witch flounder benchmark assessment at its January 2017 meeting,
and included revised catch limits in Framework 56. This rule proposes
to implement fishing year 2017-2019 catch limits for witch flounder
based on the recent stock assessment and consistent with the
recommendations of the Council's SSC. This rule also proposes to
incorporate shared U.S./Canada quotas (see section ``3. Fishing Year
2017 Shared U.S./Canada Quotas). For most stocks, other than GB cod, GB
haddock, GB yellowtail flounder, and witch flounder, catch limits
included in this action are identical to those previously implemented
in Framework 55, and became effective on May 1, 2017. There are changes
to the northern windowpane flounder catch limits related to the
proposed allocation of northern windowpane flounder to the scallop
fishery (see section ``5. Allocation of Northern Windowpane Flounder to
the Scallop Fishery''). There are also minor changes to the catch
limits for GB winter flounder and white hake due to revised estimates
of Canadian catch. Table 2 details the percent change in the 2017 catch
limit compared to fishing year 2016.

Overfishing Limits and Acceptable Biological Catches

The overfishing limit (OFL) serves as the maximum amount of fish
that can be caught in a year without resulting in overfishing. The OFL
for each stock is calculated using the estimated stock size and
FMSY (i.e., the fishing mortality rate that, if applied over
the long term, would result in maximum sustainable yield). The OFL does
not account for scientific uncertainty, so the SSC typically recommends
an ABC that is lower than the OFL in order to account for this
uncertainty. Usually, the greater the amount of scientific uncertainty,
the lower the ABC is set compared to the OFL. For GB cod, GB haddock,
and GB yellowtail flounder, the total ABC is then reduced by the amount
of the Canadian quota (see Table 3 for the Canadian share of these
stocks). Additionally, although GB winter flounder, white hake, and
Atlantic halibut are not jointly managed with Canada, there is some
Canadian catch of these stocks. Because the total ABC must account for
all sources of fishing mortality, expected Canadian catch of GB winter
flounder (87 mt), white hake (42 mt), and Atlantic halibut (34 mt) is
deducted from the total ABC. The U.S. ABC is the amount available to
the U.S. fishery after accounting for Canadian catch. Additional
details about the Council's proposed ABC for witch flounder is provided
below.

[[Page 28451]]

Table 2--Proposed Fishing Years 2017-2019 Overfishing Limits and Acceptable Biological Catches
[mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2017 Percent 2018 2019
Stock -------------------------- change from ---------------------------------------------------
OFL U.S. ABC 2016 OFL U.S. ABC OFL U.S. ABC
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod....................................................... 1,665 665 -13 1,665 1,249
GOM Cod...................................................... 667 500 0 667 500
GB Haddock................................................... 258,691 57,398 2 358,077 77,898
GOM Haddock.................................................. 5,873 4,534 25 6,218 4,815
GB Yellowtail Flounder....................................... Unknown 207 -23 Unknown 354
SNE/MA Yellowtail Flounder................................... Unknown 267 0 Unknown 267
CC/GOM Yellowtail Flounder................................... 707 427 0 7,900 427
American Plaice.............................................. 1,748 1,336 3 1,840 1,404
Witch Flounder............................................... Unknown 878 91 Unknown 878 Unknown 878
GB Winter Flounder........................................... 1,056 702 5 1,459 702
GOM Winter Flounder.......................................... 1,080 810 0 1,080 810
SNE/MA Winter Flounder....................................... 1,021 780 0 1,587 780
Redfish...................................................... 14,665 11,050 7 15,260 11,501
White Hake................................................... 4,816 3,644 -3 4,733 3,580
Pollock...................................................... 32,004 21,312 0 34,745 21,312
N. Windowpane Flounder....................................... 243 182 0 243 182
S. Windowpane Flounder....................................... 833 623 0 833 623
Ocean Pout................................................... 220 165 0 220 165
Atlantic Halibut............................................. 210 124 0 210 124
Atlantic Wolffish............................................ 110 82 0 110 82
--------------------------------------------------------------------------------------------------------------------------------------------------------
SNE/MA = Southern New England/Mid-Atlantic; CC = Cape Cod; N = Northern; S = Southern.
Note: An empty cell indicates no OFL/ABC is adopted for that year. These catch limits will be set in a future action.

Witch Flounder

As discussed under section ``2. Status Determination Criteria for
Witch Flounder,'' both the 2016 witch flounder benchmark assessment and
the previous benchmark assessment were rejected, and could not be used
as a basis for catch advice. In the absence of an assessment model, the
peer review panel recommended catch advice for witch flounder based on
a swept-area biomass approach. The swept-area biomass approach is
entirely different from the age-based assessment approaches used to
generate past biomass estimates and catch limits. The swept-area
biomass approach indicates that biomass declined from the 1960s to the
mid-1990s, increased in the early 2000s, and declined until 2005. Since
2005, stock size appears to have been low relative to the 1960s, but
relatively stable. The swept-area biomass approach generates an ABC of
878 mt by applying the mean exploitation rate from 2007 to 2015 to the
3-year moving average of exploitable biomass estimates from the spring
and fall NOAA Fisheries trawl surveys.
The SSC met on January 17, 2017, to review the results of the
recent benchmark assessment. The SSC's final report for its witch
flounder ABC recommendation is available here: https://s3.amazonaws.com/nefmc.org/1_SSC_response_witchflounder_Jan2016_FINAL.pdf. The SSC
agreed that the swept-area biomass approach results were the best
available, and based on this approach, recommended an OFL of unknown,
and an ABC of 878 mt. The Council discussed the SSC's recommendations
on January 25, 2017, and recommended a constant ABC of 878 mt for
fishing years 2017-2019. The 878 mt ABC recommendation represents a 91-
percent increase over the 2016 ABC (460 mt). The higher catch limit
recommendation should not be viewed as a simple increase. Rather, the
swept-area biomass approach is entirely different from the age-based
assessment approaches used to generate past catch limits.
The Northeast Fisheries Science center will conduct an assessment
update for witch flounder in fall of 2017, in time to re-specify witch
flounder catch limits for fishing year 2018, if necessary. Updated
catch and assessment information may provide support for adjusting the
ABC for future fishing years. Thus, although the Council proposes a 3-
year constant ABC, the catch limits adopted may only be in place for 1
year.

Annual Catch Limits

Development of Annual Catch Limits
The U.S. ABC for each stock is divided among the various fishery
components to account for all sources of fishing mortality. First, an
estimate of catch expected from state waters and the ``other'' sub-
component (i.e., non-groundfish fisheries) is deducted from the U.S.
ABC. These sub-components are not subject to specific catch controls by
the FMP. As a result, the state waters and other sub-components are not
allocations, and these components of the fishery are not subject to
accountability measures if the catch limits are exceeded. After the
state and other sub-components are deducted, the remaining portion of
the U.S. ABC is distributed to the fishery components that receive an
allocation for the stock. Components of the fishery that receive an
allocation are subject to accountability measures if they exceed their
respective catch limit during the fishing year.
Once the U.S. ABC is divided, sub-annual catch limits (sub-ACLs)
are set by reducing the amount of the ABC distributed to each component
of the fishery to account for management uncertainty. Management
uncertainty is the likelihood that management measures will result in a
level of catch greater than expected. For each stock and fishery
component, management uncertainty is estimated using the following
criteria: Enforceability and precision of management measures, adequacy
of catch monitoring, latent effort, and catch of groundfish in non-
groundfish fisheries. The total ACL is the sum of all of the sub-ACLs
and ACL sub-components, and is the catch limit for a particular year
after accounting for both scientific and management uncertainty.
Landings and discards from all fisheries (commercial and recreational
groundfish fisheries, state waters, and non-groundfish fisheries) are
counted against the ACL for each

[[Page 28452]]

stock. Tables 3 to 5 summarize the proposed catch limits for fishing
years 2017, 2018, and 2019.

Sector and Common Pool Allocations

For stocks allocated to sectors, the commercial groundfish sub-ACL
is further divided into the non-sector (common pool) sub-ACL and the
sector sub-ACL, based on the total vessel enrollment in sectors and the
cumulative Potential Sector Contributions (PSCs) associated with those
sectors. The sector and common pool sub-ACLs proposed in this action
are based on fishing year 2017 PSCs and finalized fishing year 2017
sector rosters. Sector specific allocations for each stock can be found
in this rule in section ``8. Sector Measures for Fishing Year 2017.''

Common Pool Total Allowable Catches

The common pool sub-ACL for each stock (except for SNE/MA winter
flounder, northern windowpane flounder, southern windowpane flounder,
ocean pout, Atlantic wolffish, and Atlantic halibut) is further divided
into trimester total allowable catches (TACs). The distribution of the
common pool sub-ACLs into trimesters was adopted in Amendment 16 to the
FMP. Once we project that 90 percent of the trimester TAC is caught for
a stock, the trimester TAC area for that stock is closed for the
remainder of the trimester to all common pool vessels fishing with gear
capable of catching the pertinent stock. Any uncaught portion of the
TAC in Trimester 1 or Trimester 2 will be carried forward to the next
trimester. Overages of the Trimester 1 or Trimester 2 TAC will be
deducted from the Trimester 3 TAC. Any overages of the total common
pool sub-ACL will be deducted from the following fishing year's common
pool sub-ACL for that stock. Uncaught portions of the Trimester 3 TAC
may not be carried over into the following fishing year. Table 6
summarizes the common pool trimester TACs proposed in this action.
Incidental catch TACs are also specified for certain stocks of
concern (i.e., stocks that are overfished or subject to overfishing)
for common pool vessels fishing in the special management programs
(i.e., special access programs (SAPs) and the Regular B Days-at-Sea
(DAS) Program), in order to limit the catch of these stocks under each
program. Tables 7 through 9 summarize the proposed Incidental Catch
TACs for each stock and the distribution of these TACs to each special
management program.

Closed Area I Hook Gear Haddock Special Access Program

Overall fishing effort by both common pool and sector vessels in
the Closed Area I Hook Gear Haddock SAP is controlled by an overall TAC
for GB haddock, which is the target species for this SAP. The maximum
amount of GB haddock that may be caught in any fishing year is based on
the amount allocated to this SAP for the 2004 fishing year (1,130 mt),
and adjusted according to the growth or decline of the western GB
haddock biomass in relationship to its size in 2004. Based on this
formula, the Council's proposed GB Haddock TAC for this SAP is 10,709
mt for fishing year 2017. Once this overall TAC is caught, the Closed
Area I Hook Gear Haddock SAP will be closed to all groundfish vessels
for the remainder of the fishing year.

Default Limits for the 2019 Fishing Year

Framework 53 established a mechanism for setting default catch
limits in the event a future management action is delayed. If final
catch limits have not been implemented by the start of a fishing year
on May 1, then default catch limits are set at 35 percent of the
previous year's catch limit, effective until July 31 of that fishing
year. If this value exceeds the Council's recommendation for the
upcoming fishing year, the default catch limits will be reduced to an
amount equal to the Council's recommendation for the upcoming fishing
year. Because groundfish vessels are not able to fish if final catch
limits have not been implemented, this measure was established to
prevent disruption to the groundfish fishery. Additional description of
the default catch limit mechanism is provided in the preamble to the
Framework 53 final rule (80 FR 25110; May 1, 2015). The default catch
limits for 2019 were presented in the Framework 55 Final Rule (81 FR
26412; May 2, 2016) and are not repeated here.

Table 3--Proposed Catch Limits for Fishing Year 2017 (mt, live weight). Catch Limits Are Proposed for GB Cod, GB Haddock, GB Yellowtail, and Witch
Flounder. Sub-ACL Adjustments Are Proposed for the Midwater Trawl Fishery for GB Haddock, and for the Scallop Fishery for Northern Windowpane. All Other
Limits Were Previously Adopted in Framework 55 on May 1, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Midwater State
Stock Total ACL groundfish Sector Common Recreational trawl Scallop Small-mesh waters sub- Other sub-
fishery pool fishery fishery fishery fisheries component component
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................ 637 531 521 10 ............ .......... .......... .......... 20 86
GOM Cod....................... 473 437 271 9 157 .......... .......... .......... 27 10
GB Haddock.................... 54,568 52,620 52,253 367 ............ 801 .......... .......... 574 574
GOM Haddock................... 4,285 4,177 2,985 33 1,160 42 .......... .......... 33 33
GB Yellowtail Flounder........ 201 163 160 2 ............ .......... 32 4 0 2.1
SNE/MA Yellowtail Flounder.... 256 187 151 36 ............ .......... 34 .......... 5 29
CC/GOM Yellowtail Flounder.... 409 341 326 15 ............ .......... .......... .......... 43 26
American Plaice............... 1,272 1,218 1,196 23 ............ .......... .......... .......... 27 27
Witch Flounder................ 839 734 718 16 ............ .......... .......... .......... 35 70
GB Winter Flounder............ 683 620 615 5 ............ .......... .......... .......... 0 63
GOM Winter Flounder........... 776 639 607 32 ............ .......... .......... .......... 122 16
SNE/MA Winter Flounder........ 749 585 515 70 ............ .......... .......... .......... 70 94
Redfish....................... 10,514 10,183 10,126 56 ............ .......... .......... .......... 111 221
White Hake.................... 3,467 3,358 3,331 27 ............ .......... .......... .......... 36 73
Pollock....................... 20,374 17,817 17,704 113 ............ .......... .......... .......... 1,279 1,279
N. Windowpane Flounder........ 170 129 na 129 ............ .......... 36 .......... 2 4
S. Windowpane Flounder........ 599 104 na 104 ............ .......... 209 .......... 37 249
Ocean Pout.................... 155 130 na 130 ............ .......... .......... .......... 2 23
Atlantic Halibut.............. 119 91 na 91 ............ .......... .......... .......... 25 4
Atlantic Wolffish............. 77 72 na 72 ............ .......... .......... .......... 1 3
--------------------------------------------------------------------------------------------------------------------------------------------------------

[[Page 28453]]

Table 4--Proposed Catch Limits for Fishing Year 2018 (mt, Live Weight). Catch Limits Are Proposed for GB Cod, GB Haddock, GB Yellowtail, and Witch
Flounder. Sub-ACL Adjustments Are Proposed for the Midwater Trawl Fishery for GB Haddock, and for the Scallop Fishery for Northern Windowpane. All Other
Limits Were Previously Adopted in Framework 55 on May 1, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Midwater State
Stock Total ACL groundfish Sector Common Recreational trawl Scallop Small-mesh waters sub- Other sub-
fishery pool fishery fishery fishery fisheries component component
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................ 1,197 997 978 18 ............ .......... .......... .......... 37 162
GOM Cod....................... 473 437 271 9 157 .......... .......... .......... 27 10
GB Haddock.................... 74,058 71,413 70,916 497 ............ 1,087 .......... .......... 779 779
GOM Haddock................... 4,550 4,436 3,169 35 1,231 45 .......... .......... 35 35
GB Yellowtail Flounder........ 343 278 274 4 ............ .......... 55 7 0 4
SNE/MA Yellowtail Flounder.... 256 185 149 36 ............ .......... 37 .......... 5 29
CC/GOM Yellowtail Flounder.... 409 341 326 15 ............ .......... .......... .......... 43 26
American Plaice............... 1,337 1,280 1,257 24 ............ .......... .......... .......... 28 28
Witch Flounder................ 839 734 718 16 ............ .......... .......... .......... 35 70
GB Winter Flounder............ 683 620 615 5 ............ .......... .......... .......... 0 63
GOM Winter Flounder........... 776 639 607 32 ............ .......... .......... .......... 122 16
SNE/MA Winter Flounder........ 749 585 515 70 ............ .......... .......... .......... 70 94
Redfish....................... 10,943 10,598 10,540 58 ............ .......... .......... .......... 115 230
White Hake.................... 3,406 3,299 3,273 26 ............ .......... .......... .......... 36 72
Pollock....................... 20,374 17,817 17,704 113 ............ .......... .......... .......... 1,279 1,279
N. Windowpane Flounder........ 170 129 .......... 129 ............ .......... 36 .......... 2 4
S. Windowpane Flounder........ 599 104 .......... 104 ............ .......... 209 .......... 37 249
Ocean Pout.................... 155 130 .......... 130 ............ .......... .......... .......... 2 23
Atlantic Halibut.............. 119 91 .......... 91 ............ .......... .......... .......... 25 4
Atlantic Wolffish............. 77 72 .......... 72 ............ .......... .......... .......... 1 3
--------------------------------------------------------------------------------------------------------------------------------------------------------

Table 5--Proposed Catch Limits for Fishing Year 2019
[mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total Midwater State
Stock Total ACL groundfish Sector Common pool Recreational trawl Scallop Small-mesh waters sub- Other sub-
fishery fishery fishery fishery fisheries component component
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Witch Flounder............................................. 839 734 718 16 .............. ........... ........... ........... 35 70
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Table 6--Proposed Fishing Years 2017-2019 Common Pool Trimester TACs
[mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2017 2018 2019
-----------------------------------------------------------------------------------------------------------
Stock Trimester Trimester Trimester Trimester Trimester Trimester Trimester Trimester Trimester
1 2 3 1 2 3 1 2 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod...................................... 2.5 3.6 3.7 4.6 6.8 7.0
GOM Cod..................................... 2.5 3.3 3.4 2.5 3.3 3.4
GB Haddock.................................. 99.0 120.9 146.6 134.3 164.1 199.0
GOM Haddock................................. 8.8 8.5 15.4 9.4 9.0 16.3
GB Yellowtail Flounder...................... 0.5 0.7 1.3 0.8 1.3 2.2
SNE/MA Yellowtail Flounder.................. 7.6 13.4 15.2 7.5 13.2 14.9
CC/GOM Yellowtail Flounder.................. 5.2 5.2 4.5 5.2 5.2 4.5
American Plaice............................. 5.5 8.2 9.1 5.7 8.6 9.6
Witch Flounder.............................. 4.4 5.1 6.9 4.4 5.1 6.9 4.4 5.1 6.9
GB Winter Flounder.......................... 0.4 1.2 3.5 0.4 1.2 3.5
GOM Winter Flounder......................... 11.7 12.0 7.9 11.7 12.0 7.9
Redfish..................................... 14.0 17.4 24.7 14.6 18.1 25.7
White Hake.................................. 10.2 8.3 8.3 10.0 8.2 8.2
Pollock..................................... 31.6 39.5 41.8 31.6 39.5 41.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note. An empty cell indicates that no catch limit has been set yet for these stocks. These catch limits will be set in a future management action.

Table 7--Proposed Common Pool Incidental Catch TACs for Fishing Years 2017-2019
[mt, live weight]
----------------------------------------------------------------------------------------------------------------
Percentage of
Stock common pool 2017 2018 2019
sub-ACL
----------------------------------------------------------------------------------------------------------------
GB Cod.......................................... 2 0.20 0.37 ..............
GOM Cod......................................... 1 0.09 0.09 ..............
GB Yellowtail Flounder.......................... 2 0.05 0.08 ..............
CC/GOM Yellowtail Flounder...................... 1 0.15 0.15 ..............
American Plaice................................. 5 1.14 1.19 ..............
Witch Flounder.................................. 5 0.82 0.82 0.82

[[Page 28454]]

SNE/MA Winter Flounder.......................... 1 0.70 0.70 ..............
----------------------------------------------------------------------------------------------------------------

Table 8--Percentage of Incidental Catch TACs Distributed to Each Special Management Program
----------------------------------------------------------------------------------------------------------------
Closed area I
Stock Regular B DAS hook gear Eastern US/CA
program haddock SAP haddock SAP
----------------------------------------------------------------------------------------------------------------
GB Cod.......................................................... 50 16 34
GOM Cod......................................................... 100 .............. ..............
GB Yellowtail Flounder.......................................... 50 .............. 50
CC/GOM Yellowtail Flounder...................................... 100 .............. ..............
American Plaice................................................. 100 .............. ..............
Witch Flounder.................................................. 100 .............. ..............
SNE/MA Winter Flounder.......................................... 100 .............. ..............
White Hake...................................................... 100 .............. ..............
----------------------------------------------------------------------------------------------------------------

Table 9--Proposed Fishing Years 2017-2019 Incidental Catch TACs for Each Special Management Program
[mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regular B DAS program Closed area I hook gear Eastern U.S./Canada Haddock
--------------------------------- Haddock SAP SAP
Stock -----------------------------------------------------------------
2017 2018 2019 2017 2018 2019 2017 2018 2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod............................................... 0.10 0.18 ......... 0.03 0.06 ......... 0.07 0.13 .........
GOM Cod.............................................. 0.09 0.09 ......... n/a n/a ......... n/a n/a .........
GB Yellowtail Flounder............................... 0.02 0.04 ......... n/a n/a ......... 0.02 0.04 .........
CC/GOM Yellowtail Flounder........................... 0.15 0.15 ......... n/a n/a ......... n/a n/a .........
American Plaice...................................... 1.14 1.19 ......... n/a n/a ......... n/a n/a .........
Witch Flounder....................................... 0.82 0.82 0.82 n/a n/a n/a n/a n/a n/a
SNE/MA Winter Flounder............................... 0.70 0.70 ......... n/a n/a ......... n/a n/a .........
--------------------------------------------------------------------------------------------------------------------------------------------------------

5. Allocation of Northern Windowpane Flounder for the Scallop Fishery

Scallop fishery catch of northern windowpane flounder is currently
accounted for under the other sub-component, and has ranged between 6
and 76 percent of total northern windowpane flounder catch between 2010
and 2015. As noted above, under section ``4. Catch Limits,'' the U.S.
ABC for each stock is reduced by an estimate of catch expected from
state waters and the ``other'' sub-component (i.e., non-groundfish
fisheries). These sub-components are not subject to specific catch
controls by the FMP. As a result, the state waters and other sub-
components are not allocations, and these components of the fishery are
not subject to accountability measures if the catch limits are
exceeded.
For northern windowpane flounder, 33 to 49 percent of the U.S. ABC
has been set aside for the other sub-component each year since 2010.
Scallop fishery catch accounts for more than 90 percent of other sub-
component catch in each of those years, and was greater than two times
the other subcomponent value in 2012, 2014, and 2015. This means that
outside of the groundfish fishery, the scallop fishery is the major
contributor to northern windowpane flounder catches. Further, catch has
been over the total ACL for the northern windowpane fishery in every
year since 2010. In 2012 and 2015, scallop fishery catch, as part of
the other sub-component, directly contributed to the ACL overage.
Because the scallop fishery does not currently have an allocation
for northern windowpane flounder, the groundfish fishery is held
accountable if high levels of catch in the scallop fishery contribute
to an ACL overage. When triggered, the northern windowpane flounder AMs
require groundfish trawl vessel to use selective gear that reduces
flatfish bycatch in certain areas. This restricts the ability of the
groundfish fishery to target and catch marketable species, mainly other
flatfish such as winter flounder, and result in adverse economic
impacts to the groundfish fleet fishing on Georges Bank when the gear-
restricted areas are in place.
This action proposes to establish a scallop fishery sub-ACL for
northern windowpane flounder equal to 21 percent of the northern
windowpane flounder ABC. This allocation is based on the 90th
percentile of scallop fishery catches (as a percent of the total catch)
for calendar years 2005 to 2014. This approach is similar to the
approach used to set the southern windowpane flounder sub-ACL for the
scallop fishery in Framework 48 (78 FR 26118, May 2, 2013). The Council
chose a fixed-percentage allocation rather than an allocation based on
projected catch because projected catch can fluctuate greatly from year
to year. The scallop fishery's sub-ACL would be calculated by reducing
the portion of the ABC allocated to the scallop fishery to account for
management uncertainty. The current management uncertainty buffer for
zero-possession stocks is 7 percent. The management uncertainty buffer
can be adjusted each time the groundfish specifications are set.
Creating a sub-ACL and, therefore, an AM for the scallop fishery is
intended to create accountability for those

[[Page 28455]]

fisheries responsible for a substantial share of catch or an overage if
one occurs. This measure also ensures that catch from one fishery does
not negatively affect another fishery. Thus, a sub-ACL for the scallop
fishery would help prevent overfishing of northern windowpane flounder,
as required by National Standard 1 and Section 303(a)(1) of the
Magnuson-Stevens Act, and create an incentive to minimize bycatch of
this stock, consistent with National Standard 9.
This action does not propose scallop fishery AMs for the northern
windowpane flounder sub-ACL. Consistent with other scallop allocations,
the Council would develop and adopt scallop fishery AMs for this sub-
ACL during 2017. We would work with the Council to develop and
implement the AMs in time for fishing year 2018. This means that if
there is an overage in the 2017 scallop fishery northern windowpane
flounder sub-ACL, that overage would be subject to the AM. Once the
scallop fishery AM for northern windowpane flounder is implemented, the
groundfish fishery would only be subject to an AM if the groundfish
fishery exceeds its sub-ACL and the overall ACL is also exceeded. The
proposed 2017 sub-ACL is lower than recent scallop fishery catches of
northern windowpane flounder. As a result, this action also proposes an
AM trigger that would provide additional flexibility that would hold
the scallop fishery accountable but ensure that optimum yield is still
achieved. The trigger for the scallop fishery northern windowpane
flounder AM is discussed below in section ``6. Revised Threshold for
Scallop Accountability Measures.''

6. Revised Threshold for Scallop Accountability Measures

The scallop fishery has sub-ACLs for GB yellowtail flounder, SNE/MA
yellowtail flounder, and southern windowpane flounder. Framework 56
would also implement a scallop fishery sub-ACL for northern windowpane
flounder (see section ``5. Allocation of Northern Windowpane Flounder
for the Scallop Fishery). If the scallop fishery exceeds its sub-ACL
for these stocks, it is subject to AMs that, in general, restrict the
scallop fishery in seasons and areas with high encounter rates for
these stocks. Framework 47 (77 FR 26104, May 2, 2012) set a policy for
triggering a scallop fishery AMs for groundfish stocks. Currently, the
scallop fishery is subject to AMs for these stocks if either: (1) The
scallop fishery exceeds its sub-ACL and the total ACL is exceeded; or
(2) the scallop fishery exceeds its sub-ACL by 50 percent or more. This
policy was implemented to provide flexibility for the scallop fishery.
Framework 56 proposes that the AMs for GB yellowtail flounder and
northern windowpane flounder would only be implemented if scallop
fishery catch exceeds its sub-ACL by any amount and the total ACL is
also exceeded. The AM trigger would remain unchanged for SNE/MA
yellowtail flounder and southern windowpane flounder. The adjustment
for GB yellowtail flounder and northern windowpane flounder is intended
to provide additional flexibility, beyond the existing scallop AM
implementation policy, for the scallop fishery to operate in years when
the overall and scallop fishery allocations for these stocks are low.
The scallop fishery is expected to operate primarily on Georges Bank in
2017 and 2018, based on scallop rotational area management. The revised
thresholds would only be effective for fishing years 2017 and 2018,
after which the Council would evaluate the provision to ensure the
threshold has effectively constrained both scallop fishery catch and
total mortality.

7. Increase to Georges Bank Haddock Catch Limit for the Midwater Trawl
Fishery

Throughout 2016, the Council considered adjustments to the GB
haddock catch cap and associated AM to promote long-term sustainable
management the GB haddock stock and groundfish fishery and provide
incentives for the midwater Atlantic herring fishery to minimize
bycatch for this stock to the extent practicable, while still allowing
the herring fishery to achieve optimum yield. The Council's Herring
Committee considered a range of alternatives to adjust the
accountability measure for the GB haddock catch cap in Framework
Adjustment 5 to the Herring FMP. Herring Framework 5 analyzed
alternatives to adjust GB haddock AM area, to allocate the existing cap
seasonally, and to use state portside sampling data in addition to
NEFOP observer data to monitor the cap. At its January 2017 meeting,
the Council ultimately voted not to adopt any of the AM adjustment
approaches in Herring Framework 5, and ceased developing that action.
This means that the existing AMs for the GB haddock catch cap remain in
effect. This includes the inseason closure of the GB haddock AM area
when the haddock catch cap is reached, and pound-for-pound payback for
any overages.
The Groundfish Committee simultaneously considered alternatives to
adjust the GB haddock catch cap in Framework 56, and took final action
to recommend increasing Atlantic herring midwater trawl fishery's GB
haddock catch cap from 1 percent of the U.S. ABC to 1.5 percent at its
November 2016 meeting. The Council's decision to increase the GB
haddock catch cap in Framework 56 factored into its decision to cease
development of Herring Framework 5. The Council's analysis notes that
this option better meets the goals and objectives of the Atlantic
herring management program. In particular, this option meets the goal
to achieve, on a continuing basis, optimum yield, and the objectives to
achieve full utilization from the catch of herring, and to promote the
utilization of the resource in a manner which maximizes social and
economic benefits to the nation, while taking into account the
protection of marine ecosystems including minimizing bycatch to the
extent practicable.
As in the past, the herring fishery's midwater trawl sub-ACL would
be calculated by reducing the portion of the ABC allocated to the
herring midwater trawl fishery to account for management uncertainty.
The current management uncertainty buffer is 7 percent.
The Council also proposes to establish a process for reviewing the
GB haddock midwater trawl sub-ACL. Following an assessment of the
entire GB haddock stock, the Groundfish Plan Development Team (PDT)
would review groundfish fishery catch performance, utilization, status
of the GB haddock resource, recruitment, incoming year-class strength,
and the variability in the GB haddock incidental catch estimates for
the Atlantic herring midwater trawl fishery. Based on this review, the
PDT would determine whether changes to the GB haddock midwater trawl
sub-ACL were necessary, and recommend to the Groundfish Committee and
Council an appropriate sub-ACL equal to 1 to 2 percent of the GB
haddock U.S. ABC.

8. Sector Measures for Fishing Year 2017

This action also proposes updated annual catch entitlements for 19
sectors for the 2017 fishing year based on the new catch limits
included in Framework 56 and the finalized 2017 sector rosters. Sector
operation plan approval, as well as evaluation of sector exemptions, is
covered in the interim final rule that approved 2017 and 2018 sector
operations plans (82 FR 19618; April 28, 2017).

[[Page 28456]]

Sector Allocations

Regional Administrator approval is required for sectors to receive
annual catch entitlements (ACEs) for specific groundfish stocks. The
ACE allocations are a portion of a stock's ACL available to the sector
based on the collective fishing history of the sector's members.
Sectors are allocated ACE for groundfish stocks for which its members
have landings history, with the exception of Atlantic halibut, ocean
pout, windowpane flounder, and Atlantic wolffish. These stocks are not
allocated to sectors.
The sector allocations proposed in this rule are based on the
fishing year 2017 specifications described above under ``3. Catch
Limits.'' We calculate the sector's allocation for each stock by
summing its members' potential sector contributions (PSC) for a stock,
as shown in Table 10. The information presented in Table 10 is the
total percentage of each commercial sub-ACL each sector would receive
for fishing year 2017, based on finalized fishing year 2017 rosters.
Tables 11 and 12 show the allocations each sector would receive for
fishing year 2017, based on finalized fishing year 2017 rosters. At the
start of the fishing year, after sector enrollment is finalized, we
provide the final allocations, to the nearest pound, to the individual
sectors, and we use those final allocations to monitor sector catch.
While the common pool does not receive a specific allocation, the
common pool sub-ACLs have been included in each of these tables for
comparison.
We do not assign an individual permit separate PSCs for the Eastern
GB cod or Eastern GB haddock; instead, we assign a permit a PSC for the
GB cod stock and GB haddock stock. Each sector's GB cod and GB haddock
allocations are then divided into an Eastern ACE and a Western ACE,
based on each sector's percentage of the GB cod and GB haddock ACLs.
For example, if a sector is allocated 4 percent of the GB cod ACL and 6
percent of the GB haddock ACL, the sector is allocated 4 percent of the
commercial Eastern U.S./Canada Area GB cod TAC and 6 percent of the
commercial Eastern U.S./Canada Area GB haddock TAC as its Eastern GB
cod and haddock ACEs. These amounts are then subtracted from the
sector's overall GB cod and haddock allocations to determine its
Western GB cod and haddock ACEs. Framework 51 implemented a mechanism
that allows sectors to ``convert'' their Eastern GB haddock allocation
into Western GB haddock allocation (79 FR 22421; April 22, 2014) and
fish that converted ACE in Western GB. Framework 55 implemented a
similar measure for GB cod (81 FR 26412; May 2, 2016).
We will allow sectors to transfer fishing year 2016 ACE for 2 weeks
of the fishing year following the completion of year-end catch
accounting to reduce or eliminate any fishing year 2016 overages. If
necessary, we will reduce any sector's fishing year 2017 allocation to
account for a remaining overage in fishing year 2016.
BILLING CODE 3510-22-P

[[Page 28457]]

[GRAPHIC] [TIFF OMITTED] TP22JN17.000

[[Page 28458]]

[GRAPHIC] [TIFF OMITTED] TP22JN17.001

[[Page 28459]]

[GRAPHIC] [TIFF OMITTED] TP22JN17.002

[[Page 28460]]

BILLING CODE 3510-22-C

Sector Carryover From Fishing Year 2016 to Fishing Year 2017

Sectors can carry over up to 10 percent of the unused initial
allocation for each stock into the next fishing year. However, the
maximum available carryover may be reduced if up to 10 percent of the
unused sector sub-ACL, plus the total ACL for the upcoming fishing
year, exceeds the total ABC. Based on the catch limits proposed in this
action, or previously established in Framework 55, we evaluated whether
the total potential catch in the 2017 fishing year would exceed the
proposed or established 2017 ABC if sectors carried over the maximum 10
percent of unused allocation from 2016 to 2017 (Table 13). Under this
scenario, total potential catch would exceed the 2017 ABC for all
stocks except for Gulf of Maine (GOM) haddock and witch flounder. As a
result, we expect we will need to adjust the maximum amount of unused
allocation that a sector can carry forward from 2016 to 2017 (down from
10 percent). It is possible that not all sectors will have 10 percent
of unused allocation at the end of fishing year 2016. We will make
final adjustments to the maximum carryover possible for each sector
based on the final 2016 catch for the sectors, each sector's total
unused allocation, and proportional to the cumulative PSCs of vessels/
permits participating in the sector. We will announce this adjustment
as soon as possible.
Based on the catch limits proposed in this rule, the de minimis
carryover amount for fishing year 2017 would be set at the default one
percent of the 2017 overall sector sub-ACL. The overall de minimis
amount will be applied to each sector based on the cumulative PSCs of
the vessel/permits participating in the sector. If the overall ACL for
any allocated stock is exceeded for fishing year 2017, the allowed
carryover harvested by a sector minus its specified de minimis amount,
will be counted against its allocation to determine whether an overage,
subject to an AM, occurred.

Table 13--Evaluation of Maximum Carryover Allowed From the 2016 to 2017 Fishing Years
[mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total
Potential max potential
2016 sector carryover (10% catch in FY 17
Stock sub-ACL of 2016 sector 2017 total ACL (FY 16 sector 2017 U.S. ABC Results By how much?
sub-ACL) carryover + FY
17 ACL)
(B) (C) = (B) * (D) (E) = (C) + (F) (G) = (E) > (F)?.... (H) = (E)-(F)
10% (D)
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod............................ 597 60 637 697 665 Higher than ABC..... 32
GOM cod........................... 271 27 473 501 500 Higher than ABC..... 1
GB Haddock........................ 51,327 5,133 54,568 59,701 57,398 Higher than ABC..... 2,303
GOM Haddock....................... 2,390 239 4,285 4,524 4,534 Lower than ABC...... -10
SNE/MA Yellowtail Flounder........ 157 16 256 272 267 Higher than ABC..... 5
CC/GOM Yellowtail Flounder........ 326 33 409 442 427 Higher than ABC..... 15
American Plaice................... 1,163 116 1,272 1,388 1,336 Higher than ABC..... 52
Witch Flounder.................... 362 36 839 876 878 Lower than ABC...... -2
GB Winter Flounder................ 585 59 683 741 702 Higher than ABC..... 39
GOM Winter Flounder............... 606 61 776 837 810 Higher than ABC..... 27
SNE/MA Winter Flounder............ 523 52 749 801 780 Higher than ABC..... 21
Redfish........................... 9,474 947 10,514 11,461 11,050 Higher than ABC..... 411
White Hake........................ 3,433 343 3,467 3,811 3,686 Higher than ABC..... 125
Pollock........................... 17,704 1,770 20,374 22,145 21,312 Higher than ABC..... 833
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Carryover of GB yellowtail flounder is not allowed because this stock is jointly managed with Canada.

9. Fishing Year 2017 Annual Measures Under Regional Administrator
Authority

The FMP gives us authority to implement certain types of management
measures for the common pool fishery, the U.S./Canada Management Area,
and Special Management Programs on an annual basis, or as needed. This
proposed rule includes a description of these management measures that
are being considered for fishing year 2017 in order to provide an
opportunity for the public to comment on whether the proposed measures
are appropriate. These measures are not part of Framework 56, and were
not specifically proposed by the Council. We are proposing them in
conjunction with Framework 56 measures in this action for efficiency
purposes, and because they relate to the catch limits proposed in
Framework 56.

Witch Flounder Common Pool Trip Limits

As discussed above in section ``4. Catch Limits,'' this action
proposes to increase the witch flounder ABC for fishing year 2017. We
propose to adjust the common pool witch flounder trip limit in response
to this increase, after considering changes to the common pool sub-ACLs
and sector rosters from 2016 to 2017, proposed trimester TACs for 2017,
catch rates of witch flounder during 2016, and other available
information. Table 14 summarizes the current common pool trip limit for
witch flounder for fishing year 2017 implemented on May 1, 2017 (82 FR
20285; May 1, 2017), and the proposed trip limit. The common pool trip
limits for all other groundfish stocks remains the same as those
implemented on May 1, 2017.

Table 14--Proposed Common Pool Trip Limits for Fishing Year 2017
------------------------------------------------------------------------
Current 2017 trip Proposed 2017 trip
Stock limit limit
------------------------------------------------------------------------
Witch Flounder.................. 150 lb (68 kg)/ 400 lb (181 kg)/
trip. trip.
------------------------------------------------------------------------

[[Page 28461]]

Closed Area II Yellowtail Flounder/Haddock Special Access Program

This action proposes to allocate zero trips for common pool vessels
to target yellowtail flounder within the Closed Area II Yellowtail
Flounder/Haddock SAP for fishing year 2017. Vessels could still fish in
this SAP in 2017 to target haddock, but must fish with a haddock
separator trawl, a Ruhle trawl, or hook gear. Vessels would not be
allowed to fish in this SAP using flounder trawl nets. This SAP is open
from August 1, 2017, through January 31, 2018.
We have the authority to determine the allocation of the total
number of trips into the Closed Area II Yellowtail Flounder/Haddock SAP
based on several criteria, including the GB yellowtail flounder catch
limit and the amount of GB yellowtail flounder caught outside of the
SAP. The FMP specifies that no trips should be allocated to the Closed
Area II Yellowtail Flounder/Haddock SAP if the available GB yellowtail
flounder catch is insufficient to support at least 150 trips with a
15,000-lb (6,804-kg) trip limit (or 2,250,000 lb (1,020,600 kg)). This
calculation accounts for the projected catch from the area outside the
SAP. Based on the proposed fishing year 2017 GB yellowtail flounder
groundfish sub-ACL of 363,763 lb (165,000 kg), there is insufficient GB
yellowtail flounder to allocate any trips to the SAP, even if the
projected catch from outside the SAP area is zero. Further, given the
low GB yellowtail flounder catch limit, catch rates outside of this SAP
are more than adequate to fully harvest the 2017 GB yellowtail flounder
allocation.

10. Fishing Year 2017 Northern and Southern Windowpane Flounder
Accountability Measures

In fishing year 2015, the total ACLs for both northern and southern
windowpane flounder were exceeded by more than 20 percent (Table 16).
For both stocks, the overage was greater than the management
uncertainty buffers, which means that catch exceeded the ABCs. This
section describes the AMs for both windowpane flounder stocks that
would go into effect upon publication of the Framework 56 final rule,
and until April 30, 2018. Because Framework 56 proposes measures to
address the operational issue that contributed to the northern
windowpane flounder ACL overage, we are requesting specific comment on
this AM. At the request of the NEFMC and the Mid-Atlantic Fishery
Management Council (MAFMC), we are also requesting comment on the
southern windowpane flounder AM for future actions.
The AM areas for either stock are triggered if the catch limit for
a given year is exceeded by more than 5 percent. The AM areas are
implemented at the start of the next fishing year after the final catch
information is available, meaning the overage in 2015 triggers an AM
for 2017. If windowpane catch is between 5 and 20 percent over the
limit for either stock, the Small AM Area restriction for the stock is
triggered (Figure 1). If windowpane catch is more than 20 percent over
the limit for either stock, the Large AM Area restriction is triggered.
When the AM areas are effective, certain vessels are required to use
approved selective gear types that limit flatfish catch. Sectors cannot
request an exemption from these AMs. The AMs would remain in place
until April 30, 2018, unless modified through a future action to
account for updated information as specified in the regulations. As
long as additional overages do not occur, the AMs would be removed at
the start of fishing year 2018, beginning on May 1, 2018.
An overview of the windowpane AM is available here: https://www.nero.noaa.gov/sfd/sfdmulti.html.

Table 16--Fishing Year 2015 Windowpane Flounder ACLs and Catch
--------------------------------------------------------------------------------------------------------------------------------------------------------
Catch (mt and percent of ACL or sub-ACL)
OFL ABC Total -----------------------------------------------------------------------
Stock (mt) (mt) ACL Groundfish Scallop State Other sub-
(mt) Total fishery (%) fishery (%) waters (%) component (%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northern windowpane flounder......................... 243 151 144 196 136% 75 (*) 84 275
Southern windowpane flounder......................... 833 548 527 643 122% 135 115 71 138
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Scallop catch of northern windowpane flounder is counted toward the other sub-component.

Northern Windowpane Flounder

Fishing year 2015 catch exceeded the total ACL for northern
windowpane flounder by 36 percent. Unlike previous years, the
groundfish fishery did not exceed its sub-ACL for this stock in 2015.
Catch from the other sub-component, primarily the scallop fishery,
contributed to the overage. Because no other fishery had an allocation
of this stock in 2015, the groundfish fishery would be held responsible
for the overage. Catch exceeded the ACL by more than 20 percent, and
therefore the large Northern windowpane flounder AM area would take
effect for all groundfish trawl vessels upon publication of the
Framework 56 final rule (Figure 1). As described in section ``5.
Allocation of Northern Windowpane Flounder for the Scallop Fishery,''
Framework 56 also proposes to establish an allocation for the scallop
fishery to address the operational issue that contributed to the 2015
ACL overage.

Southern Windowpane Flounder

Total 2015 catch exceeded the total ACL for southern windowpane
flounder by more than 20 percent. The groundfish fishery, the scallop
fishery, and the other non-groundfish fisheries all contributed to the
overage. The New England and Mid-Atlantic Fishery Management Councils
requested that we consider removing or modifying the southern
windowpane accountability measures for fishing year 2017. In support of
their requests, the Councils pointed to the status of the southern
windowpane flounder stock, as well as the potential economic impacts of
the large AM on the groundfish, scallop, and large-mesh non-groundfish
fisheries.
The 2015 assessment update for southern windowpane flounder stock
found that the stock is not overfished, and that overfishing is not
occurring. The stock was declared fully rebuilt in 2010, and
overfishing has not occurred for this stock since 2006, despite catch
in excess of the ACL in all years from 2010-2015. The ABC was also
exceeded in 2010, 2011, 2012, and 2013. In addition, survey indices
suggest that stock size has been relatively stable, and increasing
since hitting a time series low in the mid-1990s, and that stock size
increased marginally between 2014 and 2016. The final rule for the 2009

[[Page 28462]]

revisions to the National Standard 1 Guidelines (74 FR 3178; January
16, 2009) discusses that, if available information indicates that a
stock was above its BMSY level and continued to grow, even
though the ACL was exceeded for the year, that could indicate that the
overage did not have any adverse biological consequences that needed to
be addressed through the AM. In line with this concept, the current
southern windowpane flounder stock status, coupled with recent
increases in stock size, suggest that the 2015 overage has not resulted
in negative biological consequences for this stock.
The New England Council conducted an analysis of calendar year 2015
revenue for yellowtail flounder, winter flounder, summer flounder and
scup within the large AM areas. This analysis provides additional
details of the extent of the economic impacts on non-groundfish
fisheries. In 2015, within the large AM closure area, large-mesh
bottom-trawl fisheries for yellowtail flounder, winter flounder, summer
flounder, and scup revenues were $2 million. Implementing the large AM
area would result in substantial loss of revenue for these fisheries,
as well as the groundfish and scallop fisheries.
The regulations provide a formulaic trigger for both windowpane
AMs. If the ACL for either windowpane stock is exceeded by more than 20
percent, we are required to implement the large AM area, regardless of
current stock status. AMs are management controls to prevent ACLs from
being exceeded and to correct or mitigate ACL overages if they occur.
AMs should address and minimize the frequency and magnitude of overages
and correct the problem that caused the overage in as short a time as
possible. We are requesting public comment on implementing the large AM
area for southern windowpane in fishing year 2017 in comparison to the
small AM area. When the Council developed the southern windowpane AM
areas in Framework 47 to the Northeast Multispecies FMP (77 FR 26104;
May 2, 2012), it selected boundaries for the areas that were
potentially larger than would be expected to achieve the desired catch
reductions due to uncertainty in the analysis. Framework 47 also states
that the boundaries may be adjusted in the future as experience is
gained on the effectiveness of the AM system. We are seeking comments
on how and to what degree implementing the small AM area could
alleviate some of the anticipated economic impacts of the large AM
area, while ensuring it would be consistent with the objectives of the
New England and Mid-Atlantic Council fishery management plans. We are
also seeking comments on potential future adjustments to the AM that
would balance achieving optimum yield and taking into account the needs
of fishing communities, without compromising the purpose of the AMs and
the conservation objectives to prevent overfishing of the southern
windowpane flounder stock.
Because the ACL was exceeded by more than 20 percent, the large AM
area would take effect upon implementation of the Framework 56 final
rule, for all groundfish trawl vessels, and for non-groundfish trawl
vessels fishing with a codend mesh size of 5 inches (12 cm) or greater
(Figure 1). The scallop fishery AM restricts the use of dredge gear in
the area west of 71[deg] W. longitude, excluding the Mid-Atlantic
scallop access areas, for the month of February 2018.

[[Page 28463]]

[GRAPHIC] [TIFF OMITTED] TP22JN17.003

Review of Framework 52 Provisions for Windowpane Flounder AMs

Framework 52 (80 FR 2021; January 15, 2015) implemented a provision
that allows us to reduce the size of either windowpane AM area
restriction for groundfish vessels if the stock is rebuilt and the
biomass criterion is met. The biomass criterion is defined as the most
recent 3-year average of catch per tow from the fall surveys multiplied
by 75 percent of FMSY (fishing mortality at maximum
sustainable yield). Northern windowpane flounder is not rebuilt, and
thus, does not meet the first criterion for this provision. However,
because southern windowpane flounder is rebuilt, we reviewed the
biomass criterion for this stock. Based on the 2014-2016 fall surveys,
the most recent 3-year average catch per tow is 0.33 kg, and when
applied to 75 percent FMSY (1.52), results in 500 mt, which
is less than the 2015 catch (643 mt). As a result, the biomass
criterion is not met, and the size of the AM cannot be reduced for
southern windowpane flounder at this time based on this criterion. We
note that Framework 52 only intended for this provision to reduce the
size of the southern windowpane AM for groundfish vessels, and did not
intend to reduce the size of the AM for non-groundfish trawl vessels.

11. Regulatory Corrections Under Regional Administrator Authority

We are proposing minor changes to the regulatory text to simplify
the regulations, and clarify regulatory intent.
This proposed rule clarifies the regulatory text regarding net
obstruction or constriction in Sec. 648.80 to improve enforceability.
This proposed rule would remove Sec. 648.85(d), which describes
the now obsolete haddock incidental catch allowance for some Atlantic
herring vessels as a special access program within the Northeast
multispecies fishery. The haddock incidental catch allowances were
codified in the regulations at Sec. 648.90(a)(4)(iii)(D) as midwater
trawl sub-ACLs for the GOM and GB haddock stocks when we implemented
ACLs and AMs in Amendment 16. This proposed rule would remove the
references to Sec. 648.85(d) throughout the regulations, and replace
them with the reference to the haddock mid-water trawl sub-ACLs.
This proposed rule clarifies the regulatory text that describes the
windowpane flounder and ocean pout accountability measures in Sec.
648.90.

[[Page 28464]]

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 56, other provisions of
the Magnuson-Stevens Act, and other applicable law. In making the final
determination, we 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.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
Framework Adjustment 56 proposes to revise groundfish catch limits
for four of the 20 groundfish stocks for fishing years 2017-2019 (May
1, 2017, through April 30, 2020), adjust several allocations and
accountability measures (AMs) for groundfish catch in non-groundfish
fisheries, and make other administrative changes to groundfish
management measures. Our analysis of the likely economic impacts of
Framework 56 measures predicts that the proposed action will have
positive impacts on fishing vessels, purchasers of seafood products,
recreational anglers, and operators of party/charter businesses.

Description of Regulated Entities

For the purposes of our Regulatory Flexibility Act analysis, the
proposed action is considered to regulate ownership entities that are
potentially affected by the action. Ownership entities are identified
on June 1st of each year based on the list of any type of northeast
Federal fishing permit for the most recent complete calendar year. For
this action, ownership data was drawn from permits issued for fisheries
in 2015. As of the beginning of fishing year 2015 (May 1, 2015), NOAA's
National Marine Fisheries Service (NMFS) issued 3,079 permits that this
action potentially affects.
Ownership data collected from 2015 permit holders indicates that
there are 1,505 distinct business entities that hold at least one
permit that could be directly regulated by the proposed action. Of the
3,079 permits held by these business entities, there were 919 limited
access groundfish permits, 268 recreational handgear permits, 726
limited access and general category Atlantic sea scallop permits, 798
small-mesh multispecies permits, and 368 Atlantic herring permits.
There were 2,037 vessels associated with these permits. Each vessel may
be individually owned or part of a larger corporate ownership
structure.
For RFA purposes only, NMFS established a small business size
standard for businesses, including their affiliates, whose primary
industry is commercial fishing (see 50 CFR 200.2). A business primarily
engaged in commercial fishing (NAICS code 11411) is classified as a
small business if it is independently owned and operated, is not
dominant in its field of operation (including its affiliates), and has
combined annual receipts not in excess of $11 million for all its
affiliated operations worldwide. The determination as to whether the
entity is large or small is based on the average annual revenue for the
3 years from 2013 through 2015.
Ownership data for calendar year 2015 permits contains gross sales
associated with the permits for calendar years 2013 through 2015 that
were issued to the 1,505 business entities. Of these 1,505 entities,
202 are inactive and do not have revenues. Using NMFS size standards,
1,495 of the 1,505 entities are categorized as small. The remaining 10
are categorized as large entities.

Description of Proposed Framework 56 Measures

Annual Catch Limits

Framework Adjustment 56 would update 2017-2019 catch limits for
witch flounder and 2017 catch limits for the three U.S./Canada stocks
(Eastern Georges Bank (GB) cod, Eastern GB haddock, and GB yellowtail
flounder). Compared to 2016, Framework 56 would increase the catch
limits for Eastern GB cod (by 6 percent), Eastern GB haddock (by 94
percent), and witch flounder (by 91 percent), and would decrease the
catch limit for GB yellowtail flounder (by 23 percent). The proposed
action allows additional fishing opportunities for the commercial
components of the groundfish fishery by extending fishing in the
Eastern U.S./Canada area. If no action is taken, the Eastern U.S./
Canada area would only be open to fishing for three months (May through
July), and the proposed action would keep this area open year-round.
The increases in the catch limits for Eastern GB cod, Eastern GB
haddock, and witch flounder, as well as the fact that the proposed
action would keep the Eastern U.S./Canada area for the full fishing
year, more than offset the decrease in the catch limit for GB
yellowtail flounder.

Allocation for Northern Windowpane Flounder for the Scallop Fishery

The proposed action would establish a northern windowpane flounder
allocation for the scallop fishery equal to 21 percent of the northern
windowpane flounder catch limit. The allocation would cap the
incidental catch of northern windowpane flounder in the scallop
fishery. Until an AM is developed for the scallop fishery, the 21-
percent northern windowpane flounder allocation would have little to no
impact on the scallop fishery.

Revised Threshold for Scallop Accountability Measures

Framework 56 proposes to temporarily change the threshold for
implementing scallop fishery AMs for its allocations for GB yellowtail
flounder and northern windowpane flounder. Currently, the scallop
fishery is subject to AMs for these stocks if either: (1) The scallop
fishery exceeds its sub-ACL and the total ACL is exceeded; or (2) the
scallop fishery exceeds its sub-ACL by 50 percent or more. The proposed
action would only implement scallop fishery AMs for GB yellowtail
flounder and northern windowpane flounder if the scallop fishery
exceeds its sub-ACL and the total ACL is exceeded in 2017 or 2018. This
adjustment provides flexibility for the scallop fishery to operate in
years when its allocations for GB yellowtail flounder and northern
windowpane flounder are low. In the case of northern windowpane
flounder, this adjustment could help offset any potential negative
impacts that may result from the AM, once it is developed.
A change in availability due to improved stock conditions could
increase the likelihood that groundfish fishery participants would
target GB yellowtail flounder. In order to avoid ACL overages, the
groundfish fishery may need to limit efforts to target GB yellowtail
flounder in 2017 or 2018 if scallop fishery catch is high. However, in
recent years, GB yellowtail flounder catch in the groundfish fishery
has been low, and less than 40 percent of the groundfish fishery sub-
ACL was caught in fishing years 2013 through 2015. Groundfish fishery
catch is not expected to increase in 2017, and as a result, this action
would not have negative economic impacts for the groundfish fishery.

[[Page 28465]]

Increase to GB Haddock Catch Limit for the Midwater Trawl Fishery

Framework 56 proposes to increase the Atlantic herring midwater
trawl fishery's haddock catch cap for the GB haddock stock from 1
percent of the U.S. ABC to 1.5 percent. This increase is expected to
provide additional opportunity to achieve optimum yield in the herring
fishery, while still minimizing GB haddock catch in midwater trawl
gear. The proposed increased allocation should provide better
opportunity for the Atlantic herring fishery to avoid triggering the AM
while taking into account GB haddock conditions and minimizing bycatch
to the extent practicable. The AM reduces herring possession to 2,000
lb throughout most of the GB stock area until the end of the groundfish
fishing year.
Overall, the measures proposed in Framework 56 are expected to have
a positive economic effect on small entities. The changes to annual
catch limits allow for nine additional months of fishing in the Eastern
U.S./Canada fishing area, and generate additional groundfish gross
revenues. This action would provide groundfish, scallop, and herring
fishermen with additional fishing opportunities, enhance their
operational flexibility, and increase profits.
This action is not expected to have a significant or substantial
effect on small entities. The effects on the regulated small entities
identified in this analysis are expected to be positive. Under the
proposed action, small entities would not be placed at a competitive
disadvantage relative to large entities, and the regulations would not
reduce the profits for any small entities. As a result, an initial
regulatory flexibility analysis is not required, and none has been
prepared.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Recordkeeping and reporting requirements.

Dated: June 19, 2017.
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
2. In Sec. 648.80, revise paragraphs (g)(1) and (g)(2)(i) to read as
follows:

Sec. 648.80 NE Multispecies regulated mesh areas and restrictions on
gear and methods of fishing.

* * * * *
(g) Restrictions on gear and methods of fishing--(1) Net
obstruction or constriction. Except as provided in paragraph (g)(5) of
this section, a fishing vessel subject to minimum mesh size
restrictions shall not use, or attach any device or material,
including, but not limited to, nets, net strengtheners, ropes, lines,
or chafing gear, on the top of a trawl net, except that one splitting
strap and one bull rope (if present), consisting of line and rope no
more than 3 in (7.6 cm) in diameter, may be used if such splitting
strap and/or bull rope does not constrict, in any manner, the top of
the trawl net. ``The top of the trawl net'' means the 50 percent of the
net that (in a hypothetical situation) would not be in contact with the
ocean bottom during a tow if the net were laid flat on the ocean floor.
For the purpose of this paragraph, head ropes are not considered part
of the top of the trawl net.
(2) Net obstruction or constriction. (i) Except as provided in
paragraph (g)(5) of this section, a fishing vessel may not use, or
attach, any mesh configuration, mesh construction, or other means on or
in the top of the net, as defined in paragraph (g)(1), subject to
minimum mesh size restrictions, as defined in paragraph (g)(1) of this
section, if it obstructs the meshes of the net in any manner.
* * * * *

Sec. 648.85 [Amended]

0
3. In Sec. 648.85, remove paragraph (d) and redesignate paragraph (e)
as paragraph (d).
0
4. In Sec. 648.90:
0
a. Revise paragraphs (a)(4)(iii)(D) and (E), and paragraph
(a)(5)(i)(D)(1);
0
b. Add paragraph (a)(5)(i)(D)(4);
0
c. Revise paragraph (a)(5)(iv).
The additions and revisions read as follows:

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

(a) * * *
(4) * * *
(iii) * * *
(D) Haddock catch by the midwater trawl Atlantic herring fishery.
(1) Sub-ACL values. The midwater trawl Atlantic herring fishery will be
allocated sub-ACLs equal to 1 percent of the GOM haddock ABC, and 1.5
percent of the GB haddock ABC (U.S. share only), pursuant to the
restrictions in Sec. 648.86(a)(3). The sub-ACLs will be set using the
process for specifying ABCs and ACLs described in paragraph (a)(4) of
this section. For the purposes of these sub-ACLs, the midwater trawl
Atlantic herring fishery includes vessels issued a Federal Atlantic
herring permit and fishing with midwater trawl gear in Management Areas
1A, 1B, and/or 3, as defined in Sec. 648.200(f)(1) and (3).
(2) GB haddock sub-ACL Review. Following an assessment of the total
GB haddock stock, the Groundfish PDT will conduct a review of the sub-
ACL and recommend to the Groundfish Committee and Council a sub-ACL for
the midwater trawl Atlantic herring fishery of 1 and up to 2 percent of
the GB haddock U.S. ABC. The sub-ACL review should consider factors
including, but not limited to, groundfish fishery catch performance,
expected groundfish fishery utilization of the GB haddock ACL, status
of the GB haddock resource, recruitment, incoming year-class strength,
and evaluation of the coefficient of variation of the GB haddock
incidental catch estimates for the midwater trawl Atlantic herring
fishery.
(E) Windowpane flounder catch by the Atlantic sea scallop fishery.
The Atlantic sea scallop fishery, as defined in subpart D of this part,
will be allocated sub-ACLs equaling 21 percent of the northern
windowpane flounder ABC and 36 percent of the southern windowpane
flounder ABC. The sub-ACLs will be set using the process for specifying
ABCs and ACLs described in paragraph (a)(4) of this section.
* * * * *
(5) * * *
(i) * * *
(D) * * *
(1) Windowpane flounder. 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, 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 areas(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

[[Page 28466]]

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 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 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 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 is
allocated to another fishery, consistent with the process specified at
paragraph (a)(4) of this section, 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 paragraph (a)(5) of
this section 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 Large 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....................................... \5\ \5\
40[deg]32.6' 73[deg]56.4'
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. This provision only applies to a
limited access NE multispecies permitted vessel fishing on a NE
multispecies DAS or sector trip.
(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. This provision only applies to a limited
access NE multispecies permitted vessel fishing on a NE multispecies
DAS or sector trip.
* * * * *
(4) 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 ocean pout, as described in
paragraph (a)(5)(i)(D)(1) of this section, 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, 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 for
ocean pout are defined in paragraph (a)(5)(i)(D)(1) of this section,
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

[[Page 28467]]

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).
* * * * *
(iv) AMs if the sub-ACL for the Atlantic sea scallop fishery is
exceeded. At the end of the scallop fishing year, NMFS will evaluate
whether Atlantic sea scallop fishery catch exceeded the sub-ACLs for
any groundfish stocks allocated to the scallop fishery. On January 15,
or when information is available to make an accurate projection, NMFS
will also determine whether total catch exceeded the overall ACL for
each stock allocated to the scallop fishery. When evaluating whether
total catch exceeded the overall ACL, NMFS will add the maximum
carryover available to sectors, as specified at Sec.
648.87(b)(1)(i)(C), to the estimate of total catch for the pertinent
stock.
(A) Threshold for implementing the Atlantic sea scallop fishery
AMs. If scallop fishery catch exceeds the scallop fishery sub-ACLs for
any groundfish stocks in paragraph (a)(4) of this section by 50 percent
or more, or if scallop fishery catch exceeds the scallop fishery sub-
ACL by any amount and total catch exceeds the overall ACL for a given
stock, then the applicable scallop fishery AM will take effect, as
specified in Sec. 648.64 of the Atlantic sea scallop regulations.
(B) 2017 and 2018 fishing year threshold for implementing the
Atlantic sea scallop fishery AMs for GB yellowtail flounder and
Northern windowpane flounder. For the 2017 and 2018 fishing years only,
if scallop fishery catch exceeds either GB yellowtail flounder or
northern windowpane flounder sub-ACLs specified in paragraph (a)(4) of
this section, and total catch exceeds the overall ACL for that stock,
then the applicable scallop fishery AM will take effect, as specified
in Sec. 648.64 of the Atlantic sea scallop regulations. For the 2019
fishing year and onward, the threshold for implementing scallop fishery
AMs for GB yellowtail flounder and northern windowpane flounder will
return to that listed in paragraph (a)(5)(iv)(A) of this section.
* * * * *

Sec. Sec. 648.86, 648.90, and 648.201 [Amended]

0
5. In the table below, for each section in the left column, remove the
text from whenever it appears throughout the section and add the text
indicated in the right column.

----------------------------------------------------------------------------------------------------------------
Section Remove Add Frequency
----------------------------------------------------------------------------------------------------------------
Sec. 648.86(a)(3)(ii)(A)(1)........... Sec. 648.85(d).......... Sec. 1
648.90(a)(4)(iii)(D).
Sec. 648.86(a)(4)..................... Sec. 648.85(d).......... Sec. 1
648.90(a)(4)(iii)(D).
Sec. 648.90(a)(5)(iii)................ Sec. 648.85(d).......... Sec. 1
648.90(a)(4)(iii)(D).
Sec. 648.201(a)(2).................... Sec. 648.85(d).......... Sec. 1
648.90(a)(4)(iii)(D).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-13050 Filed 6-21-17; 8:45 am]
BILLING CODE 3510-22-P

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