Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 57, 18985-19005 [2018-09148]
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
on board a vessel carrying more than
one person the violation shall be
deemed to have been committed by the
owner or operator of the vessel.
(7) Storage. Cod and haddock must be
stored so as to be readily available for
inspection.
*
*
*
*
*
[FR Doc. 2018–09163 Filed 4–30–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 151211999–6343–02]
RIN 0648–XG175
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Gulf of Maine Cod Trimester
Total Allowable Catch Area Closure for
the Common Pool Fishery
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; area closure.
AGENCY:
This action closes the Gulf of
Maine Cod Trimester Total Allowable
Catch Area to Northeast multispecies
common pool vessels fishing with trawl
gear, sink gillnet gear, and longline/
hook gear. The closure is required by
regulation because the common pool
fishery is projected to have caught 90
percent of its Trimester 3 quota for Gulf
of Maine cod. This closure is intended
to prevent an overage of the common
pool’s quota for this stock.
DATES: This action is effective April 26,
2018, through April 30, 2018.
FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Management
Specialist, (978) 281–9232.
SUPPLEMENTARY INFORMATION: Federal
regulations at § 648.82(n)(2)(ii) require
the Regional Administrator to close a
common pool Trimester Total
Allowable Catch (TAC) Area for a stock
when 90 percent of the Trimester TAC
is projected to be caught. The closure
applies to all common pool vessels
fishing with gear capable of catching
that stock for the remainder of the
trimester.
Based on catch data through April 23,
2018, the common pool fishery is
projected to have caught approximately
90 percent of the Trimester 3 TAC (3.0
mt) for Gulf of Maine (GOM) cod on
April 24, 2018. Projections show that
catch will likely reach 100 percent of
amozie on DSK30RV082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:12 Apr 30, 2018
Jkt 244001
the annual quota by April 26, 2018.
Effective April 26, 2018, the GOM Cod
Trimester TAC Area is closed for the
remainder of Trimester 3, through April
30, 2018. This closure applies to all
common pool vessels fishing on a
Northeast multispecies trip with trawl
gear, sink gillnet gear, and longline/
hook gear. The GOM Cod Trimester
TAC Area consists of statistical areas
513 and 514. The area reopens at the
beginning of Trimester 1 of the 2018
fishing year on May 1, 2018.
If a vessel declared its trip through the
Vessel Monitoring System (VMS) or the
interactive voice response system, and
crossed the VMS demarcation line prior
to April 26, 2018, it may complete its
trip within the GOM Cod Trimester TAC
Area. A vessel that has set gillnet gear
prior to April 26, 2018, may complete
its trip by hauling such gear.
If the common pool fishery exceeds
its total quota for a stock in the 2017
fishing year, the overage must be
deducted from the common pool’s quota
for that stock for fishing year 2018. Any
uncaught portion of the common pool’s
total annual quota may not be carried
over into the following fishing year.
Weekly quota monitoring reports for
the common pool fishery are on our
website at: https://
www.greateratlantic.fisheries.noaa.gov/
ro/fso/MultiMonReports.htm. We will
continue to monitor common pool catch
through vessel trip reports, dealerreported landings, VMS catch reports,
and other available information and, if
necessary, we will make additional
adjustments to common pool
management measures.
Classification
This action is required by 50 CFR part
648 and is exempt from review under
Executive Order 12866. The Assistant
Administrator for Fisheries, NOAA,
finds good cause pursuant to 5 U.S.C.
553(b)(B) and 5 U.S.C. 553(d)(3) to
waive prior notice and the opportunity
for public comment and the 30-day
delayed effectiveness period because it
would be impracticable and contrary to
the public interest.
The regulations require the Regional
Administrator to close a trimester TAC
area to the common pool fishery when
90 percent of the Trimester TAC for a
stock has been caught. Updated catch
information through April 23, 2018,
only recently became available
indicating that the common pool fishery
is projected to have caught 90 percent
of its Trimester 3 TAC for GOM cod on
April 24, 2018. The time necessary to
provide for prior notice and comment,
and a 30-day delay in effectiveness,
would prevent the immediate closure of
PO 00000
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18985
the GOM Cod Trimester TAC Area. This
would be contrary to the regulatory
requirement and would increase the
likelihood that the common pool fishery
would exceed its trimester or annual
quota of GOM cod to the detriment of
this stock. This could undermine
management objectives of the Northeast
Multispecies Fishery Management Plan.
Fishermen expect these closures to
occur in a timely way to prevent
overages and their payback
requirements. Overages of the trimester
or annual common pool quota could
cause negative economic impacts to the
common pool fishery as a result of
overage paybacks deducted from a
future trimester or fishing year.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 26, 2018.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–09138 Filed 4–26–18; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 180110022–8383–02]
RIN 0648–BH52
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Framework
Adjustment 57
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This action approves and
implements Framework Adjustment 57
to the Northeast Multispecies Fishery
Management Plan, as recommended by
the New England Fishery Management
Council. This rule sets 2018–2020 catch
limits for 20 multispecies (groundfish)
stocks, adjusts allocations for several
fisheries, revises accountability
measures, and makes other minor
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 final measures are intended to
prevent overfishing, rebuild overfished
stocks, achieve optimum yield, and
ensure that management measures are
SUMMARY:
E:\FR\FM\01MYR1.SGM
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
based on the best scientific information
available.
DATES: Effective on May 1, 2018.
ADDRESSES: Copies of Framework
Adjustment 57, including the
Environmental Assessment, the
Regulatory Impact Review, and the
Regulatory Flexibility Act Analysis
prepared by the New England Fishery
Management Council 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.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Mark Grant, Fishery Policy Analyst,
phone: 978–281–9145; email:
Mark.Grant@noaa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Summary of Approved Measures
2. Fishing Year 2018 Shared U.S./Canada
Quotas
3. Catch Limits for Fishing Years 2018–2020
4. Default Catch Limits for Fishing Year 2021
5. Revisions to Common Pool Trimester
Allocations
6. Adjustments Due to Fishing Year 2016
Overages
7. Revisions to Atlantic Halibut
Accountability Measures
8. Revisions to Southern Windowpane
Flounder Accountability Measures for
Non-Groundfish Trawl Vessels
9. Revision to the Southern New England/
Mid-Atlantic Yellowtail Flounder
Accountability Measures for Scallop
Vessels
10. Recreational Fishery Measures
11. Fishing Year 2018 Annual Measures
Under Regional Administrator Authority
12. Administrative Regulatory Corrections
Under Secretarial Authority
13. Comments and Responses on Measures
Proposed in the Framework 57 Proposed
Rule
1. Summary of Approved Measures
This action approves the management
measures in Framework Adjustment 57
to the Northeast Multispecies Fishery
Management Plan (FMP). The measures
implemented in this final rule are:
• Fishing year 2018 shared U.S./
Canada quotas for Georges Bank (GB)
yellowtail flounder and eastern GB cod
and haddock;
• Fishing year 2018–2020
specifications for 20 groundfish stocks;
• Revisions to the common pool
trimester total allowable catch (TAC)
allocations for several stocks;
• Revisions to the accountability
measures (AM) for Atlantic halibut for
vessels issued any Federal permit;
• Revisions to the AMs for southern
windowpane flounder for nongroundfish trawl vessels;
• Revisions to the trigger for the
scallop fishery’s AM for Southern New
England/Mid-Atlantic (SNE/MA)
yellowtail flounder; and
• Regional Administrator authority to
adjust recreational measures for GB cod.
This action also implements a number
of other measures that are not part of
Framework 57, but that are
implemented under Regional
Administrator authority included in the
Northeast Multispecies FMP or
Secretarial authority to address
administrative matters under section
305(d) of the Magnuson-Stevens Fishery
Conservation and Management Act. We
are implementing these measures in
conjunction with the Framework 57
measures for expediency purposes, and
because these measures are related to
the catch limits in Framework 57. The
additional measures implemented by
this action are listed below:
• Management measures for the
common pool fishery—this action
adjusts fishing year 2018 trip limits for
the common pool fishery.
• Adjustments for fishing year 2016
catch overages—this action reduces the
2018 allocations of GB cod, Gulf of
Maine (GOM) cod, and witch flounder
due to catch limit overages that
occurred in fishing year 2016.
• Other regulatory corrections—this
action corrects a minor rounding error
in the regulations for the common pool
trimester TACs.
2. 2018 Fishing Year U.S./Canada
Quotas
Management of Transboundary Georges
Bank Stocks
As described in the proposed rule,
eastern GB cod, eastern GB haddock,
and GB yellowtail flounder are jointly
managed with Canada under the United
States/Canada Resource Sharing
Understanding. This action adopts
shared U.S./Canada quotas for these
stocks for fishing year 2018 based on
2017 assessments and the
recommendations of the Transboundary
Management Guidance Committee
(TMGC). The 2018 shared U.S./Canada
quotas, and each country’s allocation,
are listed in Table 1. For a more detailed
discussion of the TMGC’s 2018 catch
advice, see the TMGC’s guidance
document at: https://www.greater
atlantic.fisheries.noaa.gov/sustainable/
species/multispecies/announcements/
2017tmgcguiddoc.pdf.
TABLE 1—FISHING YEAR 2018 U.S./CANADA QUOTAS (MT, LIVE WEIGHT) AND PERCENT OF QUOTA ALLOCATED TO EACH
COUNTRY
Quota
Eastern GB cod
amozie on DSK30RV082PROD with RULES
Total Shared Quota ...................................................................................................
U.S. Quota .................................................................................................................
Canadian Quota .........................................................................................................
The regulations implementing the
U.S./Canada Resource Sharing
Understanding require deducting any
overages of the U.S. quota for eastern GB
cod, eastern GB haddock, or GB
yellowtail flounder from the U.S. quota
in the following fishing year. If catch
information for the 2017 fishing year
indicates that the U.S. fishery exceeded
its quota for any of the shared stocks, we
will reduce the respective U.S. quotas
VerDate Sep<11>2014
16:12 Apr 30, 2018
Jkt 244001
951
257 (27%)
694 (73%)
for the 2018 fishing year in a future
management action, as close to May 1,
2018, as possible. If any fishery that is
allocated a portion of the U.S. quota
(e.g., scallop fishery, sectors, or common
pool) 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 overall
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
Eastern GB
haddock
GB Yellowtail
flounder
40,000
15,600 (39%)
24,400 (61%)
300
213 (71%)
87 (29%)
fishery does not negatively affect
another component of the overall
fishery.
3. Catch Limits for the 2018–2020
Fishing Years
Summary of the Catch Limits
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,
E:\FR\FM\01MYR1.SGM
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
which are set annually. Framework 56
(82 FR 35660; August 1, 2017)
implemented fishing year 2017–2019
catch limits for witch flounder and 2017
U.S./Canada quotas. This rule adopts
catch limits for the 2018–2020 fishing
years for all groundfish stocks. The
catch limits implemented in this action,
including overfishing limits (OFL),
acceptable biological catches (ABC), and
annual catch limits (ACL), can be found
in Tables 2 through 9. A summary of
how these catch limits were developed,
including the distribution to the various
fishery components, was provided in
the proposed rule and in Appendix II
(Calculation of Northeast Multispecies
Annual Catch Limits, FY 2018—FY
2020) to the Framework 57
Environmental Assessment, and is not
repeated here.
The sector and common pool subACLs implemented in this action are
based on fishing year 2018 potential
sector contributions (PSC) and final
fishing year 2017 sector rosters. All
permits enrolled in a sector, and the
vessels associated with those permits,
have until April 30, 2018, to withdraw
from a sector and fish in the common
pool for the 2018 fishing year. In
addition to the enrollment delay, all
permits that change ownership after
December 1, 2017, may join a sector
through April 30, 2018. We will publish
final sector and common pool sub-ACLs
based on final 2018 sector rosters as
soon as practicable after the start of the
2018 fishing year. Initial 2018 sector
allocations are being established in a
separate, concurrent rulemaking.
TABLE 2—FISHING YEARS 2018–2020 OVERFISHING LIMITS AND ACCEPTABLE BIOLOGICAL CATCHES
[Mt, live weight]
2018
Percent
change from
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
2019
OFL
2020
U.S. ABC
OFL
U.S. ABC
3,047
938
94,274
16,954
UNK
1,591
703
48,714
13,131
213
139
41
¥15
190
3
3,047
938
99,757
16,038
UNK
2,285
703
48,714
12,490
300
3,047
938
100,825
13,020
........................
2,285
703
73,114
10,186
........................
90
68
¥75
90
68
90
68
662
2,260
UNK
1,083
596
511
1,732
993
810
447
20
30
13
7
¥45
736
2,099
UNK
1,182
596
511
1,609
993
810
447
848
1,945
UNK
1,756
596
511
1,492
993
810
447
1,228
15,451
3,885
51,680
727
11,552
2,938
40,172
¥7
5
¥20
88
1,228
15,640
3,898
53,940
727
11,785
2,938
40,172
1,228
15,852
3,916
57,240
727
11,942
2,938
40,172
122
92
¥49
122
92
122
92
631
169
UNK
120
473
127
104
90
¥24
¥23
¥34
10
631
169
UNK
120
473
127
104
90
631
169
UNK
120
473
127
104
90
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.
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 Special
Access Program (SAP) is controlled by
an overall TAC for GB haddock, which
is the target species for this SAP. The
GB haddock TAC for the SAP is based
on the amount allocated to this SAP for
the 2004 fishing year (1,130 mt) and
adjusted according to the change of the
western GB haddock biomass in
relationship to its size in 2004. Based on
this formula, the GB Haddock TAC for
this SAP is 2,511 mt for the 2018 fishing
year. 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.
TABLE 3—CATCH LIMITS FOR THE 2018 FISHING YEAR
[Mt, live weight]
amozie on DSK30RV082PROD with RULES
Total
ACL
GB Cod .........................
GOM Cod ......................
GB Haddock ..................
GOM Haddock ..............
GB Yellowtail Flounder
SNE/MA Yellowtail
Flounder .....................
1,519
666
46,312
12,409
206
1,360
610
44,659
12,097
169
66
42
34
16:12 Apr 30, 2018
Jkt 244001
PO 00000
Recreational
sub-ACL
Midwater
trawl
fishery
Scallop
fishery
Small-mesh
fisheries
State
waters
subcomponent
Other
subcomponent
25
13
311
95
3
........................
220
........................
3,358
........................
................
................
680
122
................
................
................
................
................
33.1
....................
....................
....................
....................
4.0
16
47
487
95
0.0
143
9
487
95
0.0
8
........................
................
4
....................
2
17
Preliminary
common pool
sub-ACL
1,335
377
44,348
8,643
167
VerDate Sep<11>2014
Groundfish
sub-ACL
Preliminary
sector
sub-ACL
Stock
Frm 00075
Fmt 4700
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E:\FR\FM\01MYR1.SGM
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
TABLE 3—CATCH LIMITS FOR THE 2018 FISHING YEAR—Continued
[Mt, live weight]
Total
ACL
Stock
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 .............
Groundfish
sub-ACL
Preliminary
sector
sub-ACL
Preliminary
common pool
sub-ACL
Recreational
sub-ACL
Midwater
trawl
fishery
Scallop
fishery
Small-mesh
fisheries
State
waters
subcomponent
Other
subcomponent
490
1,649
948
787
428
398
1,580
849
731
357
381
1,550
830
725
339
18
29
19
6
18
........................
........................
........................
........................
........................
................
................
................
................
................
................
................
................
................
................
....................
....................
....................
....................
....................
51
35
40
0
67
41
35
60
57
4
700
10,986
2,794
38,204
518
10,755
2,735
37,400
456
10,696
2,713
37,163
62
59
22
237
........................
........................
........................
........................
................
................
................
................
................
................
................
................
....................
....................
....................
....................
73
116
29
402
109
116
29
402
86
63
na
63
........................
................
18
....................
2
3
457
120
100
84
53
94
77
82
na
na
na
na
53
94
77
82
........................
........................
........................
........................
................
................
................
................
158
................
................
................
....................
....................
....................
....................
28
3
21
1
218
23
2
1
TABLE 4—CATCH LIMITS FOR THE 2019 FISHING YEAR
[Mt, live weight]
Recreational
sub-ACL
Midwater
trawl
fishery
Scallop
fishery
Small-mesh
fisheries
State
waters
subcomponent
Other
subcomponent
36
13
311
90
4
........................
220
........................
3,194
........................
................
................
680
116
................
................
................
................
................
47
....................
....................
....................
....................
6
23
47
487
91
0
206
9
487
91
0
26
6
........................
................
15
....................
2
17
398
1,467
849
731
357
381
1,440
830
725
339
18
27
19
6
18
........................
........................
........................
........................
........................
................
................
................
................
................
................
................
................
................
................
....................
....................
....................
....................
....................
51
32
40
0
67
41
32
60
57
4
700
11,208
2,794
38,204
518
10,972
2,735
37,400
456
10,911
2,713
37,163
62
60
22
237
........................
........................
........................
........................
................
................
................
................
................
................
................
................
....................
....................
....................
....................
73
118
29
402
109
118
29
402
86
63
......................
63
........................
................
18
....................
2
3
457
120
100
84
53
94
77
82
......................
......................
......................
......................
53
94
77
82
........................
........................
........................
........................
................
................
................
................
158
................
................
................
....................
....................
....................
....................
28
3
21
1
218
23
2
1
Groundfish
sub-ACL
Preliminary
sector
sub-ACL
Stock
Total
ACL
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 .............
2,182
666
46,312
11,803
291
1,954
610
44,659
11,506
239
1,918
377
44,348
8,222
235
66
32
490
1,532
948
787
428
Preliminary
common pool
sub-ACL
TABLE 5—CATCH LIMITS FOR THE 2020 FISHING YEAR
[Mt, live weight]
amozie on DSK30RV082PROD with RULES
Stock
Total
ACL
Groundfish
sub-ACL
Preliminary
sector
sub-ACL
Preliminary
common pool
sub-ACL
Recreational
sub-ACL
Midwater
trawl
fishery
Scallop
fishery
Small-mesh
fisheries
State
waters
subcomponent
Other
subcomponent
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 ...
2,182
666
69,509
9,626
............
1,954
610
67,027
9,384
....................
1,918
377
66,560
6,705
......................
36
13
467
74
......................
........................
220
........................
2,605
........................
................
................
1,020
95
................
................
................
................
................
0.0
....................
....................
....................
....................
0.0
23
47
731
74
0.0
206
9
731
74
0.0
66
31
25
6
........................
................
16
....................
2
17
490
1,420
948
787
428
398
1,361
849
731
357
381
1,335
830
725
339
18
25
19
6
18
........................
........................
........................
........................
........................
................
................
................
................
................
................
................
................
................
................
....................
....................
....................
....................
....................
51
30
40
0
67
41
30
60
57
4
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E:\FR\FM\01MYR1.SGM
01MYR1
18989
Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
TABLE 5—CATCH LIMITS FOR THE 2020 FISHING YEAR—Continued
[Mt, live weight]
Total
ACL
Stock
SNE/MA Winter Flounder ..............................
Redfish ..........................
White Hake ....................
Pollock ...........................
N. Windowpane Flounder ..............................
S. Windowpane Flounder ..............................
Ocean Pout ...................
Atlantic Halibut ..............
Atlantic Wolffish .............
Groundfish
sub-ACL
Preliminary
sector
sub-ACL
Recreational
sub-ACL
Preliminary
common pool
sub-ACL
Midwater
trawl
fishery
Scallop
fishery
Small-mesh
fisheries
State
waters
subcomponent
Other
subcomponent
700
11,357
2,794
38,204
518
11,118
2,735
37,400
456
11,057
2,713
37,163
62
61
22
237
........................
........................
........................
........................
................
................
................
................
................
................
................
................
....................
....................
....................
....................
73
119
29
402
109
119
29
402
86
63
......................
63
........................
................
................
....................
2
3
457
120
100
84
53
94
77
82
......................
......................
......................
......................
53
94
77
82
........................
........................
........................
........................
................
................
................
................
158
................
................
................
....................
....................
....................
....................
28
3
21
1
218
23
2
1
TABLE 6—FISHING YEARS 2018–2020 COMMON POOL TRIMESTER TACS
[Mt, live weight]
2018
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 .........................................................
6.1
6.2
84.0
25.6
0.5
1.7
10.0
21.8
10.4
0.5
6.5
14.8
8.3
66.4
Trimester
2
7.4
4.2
102.6
24.7
0.8
2.3
4.6
2.4
3.8
1.4
6.7
18.4
6.8
83.0
2019
Trimester
3
Trimester
1
8.3
2.3
124.4
44.6
1.3
4.2
3.0
5.3
4.7
4.1
4.4
26.1
6.8
87.7
10.1
6.2
84.0
24.4
0.7
1.3
10.0
20.3
10.4
0.5
6.5
15.1
8.3
66.4
Trimester
2
2020
Trimester
3
12.3
4.2
102.6
23.5
1.1
1.7
4.6
2.2
3.8
1.4
6.7
18.7
6.8
83.0
13.7
2.3
124.4
42.4
1.9
3.2
3.0
4.9
4.7
4.1
4.4
26.6
6.8
87.7
Trimester
1
Trimester
2
Trimester
3
10.1
6.2
126.1
19.9
..................
1.3
10.0
18.8
10.4
0.5
6.5
15.3
8.3
66.4
12.3
4.2
154.1
19.1
..................
1.7
4.6
2.0
3.8
1.4
6.7
19.0
6.8
83.0
13.7
2.3
186.7
34.6
..................
3.1
3.0
4.6
4.7
4.1
4.4
27.0
6.8
87.7
Note. For tables 3–6, an empty cell indicates that no catch limit has been set yet for these stocks, or that stock is not allocated to a fishery. These catch limits will
be set in a future management action.
TABLE 7—COMMON POOL INCIDENTAL CATCH TACS FOR THE 2018–2020 FISHING YEARS
[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 .................................................................................................
SNE/MA Winter Flounder ................................................................................
2018
2
1
2
1
5
5
1
2019
0.50
0.13
0.05
0.18
1.47
0.95
0.62
2020
0.72
0.13
0.07
0.18
1.37
0.95
0.62
0.72
0.13
0.00
0.18
1.27
0.95
0.62
TABLE 8—PERCENTAGE OF INCIDENTAL CATCH TACS DISTRIBUTED TO EACH SPECIAL MANAGEMENT PROGRAM
Regular B
DAS
program
amozie on DSK30RV082PROD with RULES
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
Note. DAS = day-at-sea.
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01MYR1
Closed Area I
hook gear
haddock SAP
Eastern
US/CA
haddock SAP
16
........................
........................
........................
........................
........................
........................
........................
34
........................
50
........................
........................
........................
........................
........................
18990
Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
TABLE 9—FISHING YEARS 2018–2020 INCIDENTAL CATCH TACS FOR EACH SPECIAL MANAGEMENT PROGRAM
[Mt, live weight]
Regular B DAS program
Closed Area I hook gear
haddock SAP
2018
2018
2019
2020
2018
2019
2020
0.08
............
............
............
............
............
............
0.12
............
............
............
............
............
............
0.12
............
............
............
............
............
............
0.17
............
0.03
............
............
............
............
0.25
............
0.04
............
............
............
............
0.25
............
0.00
............
............
............
............
Stock
GB Cod ............................................................................
GOM Cod .........................................................................
GB Yellowtail Flounder ....................................................
CC/GOM Yellowtail Flounder ...........................................
American Plaice ...............................................................
Witch Flounder .................................................................
SNE/MA Winter Flounder .................................................
4. Default Catch Limits for the 2021
Fishing Year
Framework 53 (80 FR 25110; May 1,
2015) established a mechanism for
setting default catch limits in the event
a future management action is delayed.
Additional description of the default
catch limit mechanism is provided in
the preamble to the Framework 53 final
rule. The default catch limits for 2021
are shown in Table 10. This final rule
also corrects transcription errors in the
0.25
0.13
0.03
0.18
1.47
0.95
0.62
2019
2020
0.36
0.13
0.04
0.18
1.37
0.95
0.62
0.36
0.13
0.00
0.18
1.27
0.95
0.62
2021 default specifications published in
the proposed rule. In the proposed rule,
Table 10 was missing GB cod from the
list of stocks and, as a result, the
remaining stocks were listed next to the
incorrect values.
The default limits would become
effective May 1, 2021, until replaced by
final specifications, although they will
remain in effect only through July 31,
2021. The preliminary sector and
common pool sub-ACLs in Table 10 are
Eastern U.S./Canada
haddock SAP
based on existing 2017 sector rosters
and will be adjusted for new
specifications beginning in fishing year
2021 based on rosters from the 2020
fishing year. In addition, prior to the
start of the 2021 fishing year, we will
evaluate whether any of the default
catch limits announced in this rule
exceed the Council’s ABC
recommendations for 2021. If necessary,
we will announce adjustments prior to
May 1, 2021.
TABLE 10—DEFAULT SPECIFICATIONS FOR THE 2021 FISHING YEAR
[Mt, live weight]
Stock
U.S. ABC
amozie on DSK30RV082PROD with RULES
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 .......................................
800
246
25,590
3,565
0
24
179
522
348
284
156
254
4,180
1,028
14,060
32
166
44
36
32
5. Revisions to Common Pool Trimester
Allocations
The common pool sub-ACL for each
stock (except for SNE/MA winter
flounder, windowpane flounder, ocean
pout, Atlantic wolffish, and Atlantic
halibut) is further divided into trimester
TACs. The percentages of the common
pool sub-ACL allocated to each
trimester, as determined in Amendment
16 (75 FR 18262; April 9, 2010), are
shown in Table 11. The Council
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Jkt 244001
Groundfish
sub-ACL
Total ACL
764
233
24,328
3,369
0
23
172
497
332
276
150
245
3,975
978
13,371
30
160
42
35
29
684
213
23,460
3,284
0
11
139
476
297
256
125
181
3,891
957
13,090
22
18
33
27
29
developed this initial distribution based
on recent fishing effort at the time after
considering the influence of regulatory
changes on recent landings patterns.
Amendment 16 specified that the
trimester TAC apportionment could be
adjusted on a biennial basis with
specifications based on the most recent
5-year period available. Framework 57
grants the Regional Administrator
authority to modify the trimester TAC
apportionments, for stocks that have
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Preliminary
sector
sub-ACL
671
132
23,296
2,347
0
9
133
4679
291
254
119
160
3,870
950
13,007
0
0
0
0
0
Preliminary
common pool
sub-ACL
13
4
163
26
0
2
6
9
7
2
6
22
21
9
83
22
18
33
27
29
Midwater
trawl
fishery
........................
........................
1,020
95
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
........................
experienced early closures in Trimester
1 or 2, on a biennial basis using the
process specified in Amendment 16.
Framework 57 also revises the
apportionment of the common pool subACL among the trimesters, using the
calculation method specified in
Amendment 16, for stocks that have
experienced early closure in Trimester 1
or 2 since the 2010 fishing year. The
stocks that meet these criteria are: GB
cod; GOM cod; SNE/MA yellowtail
E:\FR\FM\01MYR1.SGM
01MYR1
18991
Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
flounder; Cape Cod/GOM yellowtail
flounder; American plaice; and witch
flounder. The Trimester 1 portion of the
sub-ACL for each of these stocks is
increased, with the exception of SNE/
MA yellowtail, which remains
unchanged. The trimester 2 portion of
the sub-ACL for each of these stocks is
reduced. The trimester 3 portion of the
TAC is unchanged for GB cod; increased
for SNE/MA yellowtail flounder; and
decreased for GOM cod, Cape Cod/GOM
yellowtail flounder, American plaice,
and witch flounder. The new trimester
TAC apportionments for these stocks are
shown in Table 12 and were used in
calculating the trimester TACs for 2018–
2020 (see 3. Catch Limits for the 2018–
2020 Fishing Years).
TABLE 11—TRIMESTER TAC APPORTIONMENTS SET IN AMENDMENT 16
Trimester
1
(%)
Stock
GB Cod ..........................................................................................................................................................
GOM Cod .......................................................................................................................................................
GB Haddock ..................................................................................................................................................
GOM Haddock ...............................................................................................................................................
GB Yellowtail .................................................................................................................................................
SNE/MA Yellowtail .........................................................................................................................................
CC/GOM Yellowtail ........................................................................................................................................
American Plaice .............................................................................................................................................
Witch Flounder ...............................................................................................................................................
GB Winter ......................................................................................................................................................
GOM Winter ...................................................................................................................................................
Redfish ...........................................................................................................................................................
White Hake ....................................................................................................................................................
Pollock ...........................................................................................................................................................
Trimester
2
(%)
25
27
27
27
19
21
35
24
27
8
37
25
38
28
Trimester
3
(%)
37
36
33
26
30
37
35
36
31
24
38
31
31
35
38
37
40
47
52
42
30
40
42
69
25
44
31
37
TABLE 12—REVISIONS TO TRIMESTER TAC APPORTIONMENTS
Trimester
1
(%)
Stock
GB Cod ..........................................................................................................................................................
GOM Cod .......................................................................................................................................................
SNE/MA Yellowtail .........................................................................................................................................
CC/GOM Yellowtail ........................................................................................................................................
American Plaice .............................................................................................................................................
Witch Flounder ...............................................................................................................................................
6. Adjustments Due to Fishing Year
2016 Overages
If the overall ACL is exceeded due to
catch from vessels fishing in state
waters outside of the FMP or from
vessels fishing in non-groundfish
fisheries that do not receive an
allocation, the overage is distributed to
the components of the fishery with an
allocation. If a fishery component’s
catch and its share of the ACL overage
exceed the component’s allocation, then
the applicable AMs must be
implemented. In the case of the
commercial groundfish fishery, the AMs
require a reduction of the sector or
common pool sub-ACL following an
overage.
In fishing year 2016, the overall ACL
was exceeded for witch flounder, GB
cod, and GOM cod (Table 13). The
proposed rule included a description of
fishing year 2016 catch overages and
required adjustments to fishing year
2018 allocations, and is not repeated
here. This final rule corrects
transcription errors in the 2016 ABC
and ACL for witch flounder published
in the proposed rule. Table 13 includes
the corrected values. Although the ABC
and ACL values were listed incorrectly
in the proposed rule, the catch, overage,
and amount to be paid back were
correct. The proposed revised 2018
Trimester
2
(%)
28
49
21
57
74
55
Trimester
3
(%)
34
33
28
26
8
20
38
18
51
17
18
25
allocations were correct. Therefore, this
correction does not affect fishery
operations. These adjustments to the
2018 allocations are not part of
Framework 57. We are including them
in conjunction with Framework 57
measures for expediency purposes, and
because they relate to the catch limits
included in Framework 57.
Each sub-component’s payback
amounts for these stocks is shown in
Table 14. Revised 2018 allocations,
incorporating these payback amounts,
are shown in Table 15. These revised
allocations were incorporated in the
quotas set for 2018 (see 3. Catch Limits
for the 2018–2020 Fishing Years).
TABLE 13—2016 ABCS, ACLS, CATCH, AND OVERAGES
amozie on DSK30RV082PROD with RULES
[Mt, live weight]
Stock
U.S. ABC
GB Cod ................................................................................
GOM Cod .............................................................................
Witch Flounder .....................................................................
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Total ACL
762
500
460
Fmt 4700
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730
473
441
Catch
1,132.1
633.7
460.3
E:\FR\FM\01MYR1.SGM
01MYR1
Overage
402.1
160.7
19.3
Amount to be
paid back
165.97
37.66
19.20
18992
Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
TABLE 14—2016 PAYBACK AMOUNTS
[Mt, live weight]
Stock
Total
GB Cod ............................................................................................................
GOM Cod .........................................................................................................
Witch Flounder .................................................................................................
402.1
160.7
19.3
Sector
Common pool
162.57
21.05
19.15
3.40
0.00
0.05
Recreational
n/a
16.61
n/a
Note: ‘‘n/a’’ indicates that the stock is not allocated to that sub-component of the fishery. A value of 0.00 indicates that no payback is required.
TABLE 15—REVISED 2018 ALLOCATIONS
[Mt, live weight]
Stock
Total ACL
GB Cod .......................................................
GOM Cod ...................................................
Witch Flounder ...........................................
1,519
666
948
7. Revisions to Atlantic Halibut
Accountability Measures
As described in the proposed rule and
Environmental Assessment, the FMP
includes two reactive AMs for Atlantic
halibut that affect the Federal
commercial groundfish fishery. If the
Atlantic halibut ACL is exceeded by an
amount greater than the uncertainty
buffer (i.e., the ABC is exceeded), then
commercial groundfish vessels are
prohibited from retaining Atlantic
halibut and are required to use selective
gear in several areas (Figure 1). When
the Atlantic halibut AM is triggered,
trawl vessels fishing in the Atlantic
Halibut Trawl Gear AM Area may only
use a haddock separator trawl, a Ruhle
trawl, a rope separator trawl, or other
approved gear. When in effect,
groundfish vessels with gillnet or
longline gear may not fish or be in the
Atlantic Halibut Fixed Gear AM Areas,
unless transiting with gear stowed or
using approved gear.
amozie on DSK30RV082PROD with RULES
This action extends the zeropossession AM to all Federal permit
holders (including federally permitted
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Jkt 244001
Groundfish
sub-ACL
Initial preliminary sector
sub-ACL
1,360
610
849
1,335.17
376.92
830.09
scallop, lobster, and highly migratory
species general category vessels).
Vessels issued only a charter/party
permit for any species, an Atlantic
highly migratory species angling permit,
and/or an Atlantic highly migratory
species charter/headboat permit are
exempt from the zero-possession AM.
For example, a vessel issued a Northeast
multispecies charter/party permit and a
bluefish charter/party permit would be
exempt from the AM, but a vessels
issued a Northeast multispecies charter/
party permit and a commercial bluefish
permit would not be exempt from the
AM. The intent of expanding the AM is
to facilitate enforcement of Federal
fishery limits and reduce the catch of
halibut by federally permitted vessels
not currently subject to the AM. This
measure is expected to increase the
probability that catch will be below the
ACL by reducing potentially illegal
catch in Federal waters and legal
directed fishing effort by federally
permitted vessels.
Framework 57 also modifies the gearrestricted AM areas for Federal
groundfish vessels based on the best
PO 00000
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Fmt 4700
Sfmt 4700
Revised preliminary sector
sub-ACL
Initial preliminary common
pool sub-ACL
1,172.61
355.87
810.94
25.13
12.73
18.93
Revised preliminary common pool
sub-ACL
21.73.
unchanged.
18.88.
available science. Based on an updated
evaluation of Atlantic halibut encounter
rates, the existing AM areas are changed
to allow access to places and times
where Atlantic halibut encounter rates
are low while protecting areas and times
where encounter rates are highest. This
would allow groundfish trawl and fixed
gear vessels additional flexibility while
continuing to reduce catch of halibut
when the AMs are triggered (Figure 2).
This action eliminates the Fixed Gear
AM Area 1 on Stellwagen Bank;
exempts longline gear from Fixed Gear
AM Area 2 on Platts Bank; allows gillnet
gear in Fixed Gear AM Area 2 from
November through February; and allows
standard trawl gear in the Trawl Gear
AM Area between 41 degrees 40
minutes N latitude and 42 degrees N
latitude from April through July (see
dashed line in Figure 2). These
modifications are expected to continue
to protect the Atlantic halibut stock due
to the low encounter rates and low catch
rates in the seasons and areas included,
and will preserve fishing opportunities
for vessels targeting other species.
BILLING CODE 3510–22–P
E:\FR\FM\01MYR1.SGM
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
18993
Figure 1. Map of Existing Atlantic Halibut AM Areas
71'W
70"W
•
Atlantic Halibut Fixed Gear AM Area 1
~~ Atlantic Halibut Fixed Gear AM Area 2
BS Atlantic Halibut Trawl Gear AM Area
D Closed ma
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Fmt 4700
Sfmt 4725
E:\FR\FM\01MYR1.SGM
01MYR1
ER01MY18.006</GPH>
amozie on DSK30RV082PROD with RULES
Habitat CfoHd Area
Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
BILLING CODE 3510–22–C
amozie on DSK30RV082PROD with RULES
8. Revisions to Southern Windowpane
Flounder AMs for Non-Groundfish
Trawl Vessels
Based on an updated evaluation of the
existing AM areas, the AM areas for
non-groundfish vessels are revised to
more closely tailor the areas to where
southern windowpane are being
encountered. Framework 57 also applies
measures, similar to those used in the
groundfish fishery, to scale the size of
the AM area based on the condition of
the stock and catch in the year after the
overage, but does not alter the AM
trigger. Additionally, Framework 57
allows for reducing the duration of an
AM for non-groundfish vessels when
merited by biological or operational
VerDate Sep<11>2014
16:12 Apr 30, 2018
Jkt 244001
conditions, similar to how the AMs are
applied to groundfish vessels.
The southern windowpane flounder
AMs are gear restricted areas that affect
groundfish trawl vessels and nongroundfish trawl vessels using a codend
mesh size of 5 inches (12.7 cm) or
greater (see Figure 3). This includes
vessels that target summer flounder,
scup, and skates. The AM for large-mesh
non-groundfish fisheries is
implemented if the total ACL is
exceeded by more than the management
uncertainty buffer and catch by the
other sub-component exceeds what was
expected. When the AM is triggered,
large-mesh non-groundfish vessels
fishing with trawl gear with codend
mesh size of 5 inches (12.7 cm) or
greater are required to use selective
PO 00000
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Fmt 4700
Sfmt 4700
trawl gear to minimize the catch of
flatfish in the AM areas. Approved gears
include the separator trawl, Ruhle trawl,
mini-Ruhle trawl, and rope trawl, which
are inefficient at catching the species
targeted by the non-groundfish largemesh trawl fleet. The FMP includes
several provisions that allow a
reduction in the size and duration of the
AM for groundfish vessels if certain
stock status criteria are met. This action
implements similar areas and reduced
duration provisions for the large mesh
non-groundfish fleet and modifies the
current gear restricted areas that would
apply to the non-groundfish fleet when
an AM is triggered.
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Framework 57 will scale the size of
the AM areas based on the condition of
the stock and catch in the year after the
overage. Similar to the AM for the
groundfish fishery, when the stock is
rebuilt and the biomass criterion
(described in the proposed rule and
Environmental Assessment) is greater
than the fishing year catch, the small
AM areas may be implemented in lieu
of the large AM areas. These
modifications allow additional
flexibility for affected vessels while
continuing to reduce impacts on the
southern windowpane stock, similar to
provisions already implemented for the
groundfish fishery.
If we determine that the biological
and catch criteria are met, the small AM
area would be implemented rather than
the large AM area. This AM trigger
better accounts for the uncertainty
associated with this index-based stock
because it evaluates an overage in the
context of the biomass and exploitation
trends in the stock assessment. As
explained in the Environmental
Assessment, using survey information to
determine the size of the AM is
appropriate because windowpane
flounder is assessed with an indexbased method, possession is prohibited,
and the ABCs and ACLs are not based
on a projection that accounts for
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possible increases in biomass over time.
This change is expected to minimize the
economic impacts of the AM for a
rebuilt stock, while still correcting for
operational issues contributing to the
overage and mitigating potential
biological consequences.
Reducing the Duration of the AM
Framework 57 also grants the
Regional Administrator authority to
remove the southern windowpane
flounder AM early for non-groundfish
trawl vessels if operational criteria are
met. If an overage in year 1 triggers the
AM for year 3, and we determine that
the applicable windowpane flounder
ACL was not exceeded in year 2, then
the Regional Administrator would be
authorized to remove the AM on or after
September 1 once year-end data for year
2 are complete. This reduced duration
would not occur if we determine during
year 3 that a year 3 overage of the
southern windowpane flounder ACL
has occurred. This provision was
already implemented for the groundfish
fishery.
Modification of the Gear-Restricted
Areas
In addition to scaling the size of the
AM area based on the condition of the
stock and catch in the year after the
overage, and allowing for reducing the
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duration of an AM for non-groundfish
vessels when merited by current stock
conditions and catch amounts, this
action also revises the area and season
of the AM areas for non-groundfish
trawl vessels using a codend mesh size
of 5 inches (12.7 cm) or greater based on
an updated evaluation of the existing
AM areas using recent data (see Figure
4). The geographic area of the small AM
area remains unchanged, but the AM
will be in effect from September through
April, rather than the entire fishing year.
The large AM area south of Long Island
also remains unchanged, but the large
AM area east of Long Island is reduced
to a smaller geographic area made up of
the small AM area and the eastern most
10-minute square of the current large
AM area. Both large AM areas will be
closed year-round when triggered.
These changes do not affect the AM
areas applicable to groundfish trawl
vessels. Based on recent data, these
modifications are likely to have minimal
impacts on the southern windowpane
flounder stock because of the low
bycatch ratios documented in the areas
that would no longer be closed. The
revised areas are intended to provide
additional opportunities for the nongroundfish fleet to pursue target stocks,
while still maintaining the necessary
conservation benefits of the AMs.
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9. Revision to the SNE/MA Yellowtail
Flounder AMs for Scallop Vessels
The scallop fishery is allocated subACLs for four stocks: GB yellowtail
flounder; SNE/MA yellowtail flounder;
northern windowpane flounder; and
southern windowpane flounder. 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) established a
policy for triggering scallop fishery
AMs. Framework 56 (82 FR 35660;
August 1, 2017) made a change to this
policy for GB yellowtail flounder and
northern windowpane flounder for the
2017 and 2018 fishing years. This action
expands that change to the SNE/MA
yellowtail flounder stock for the 2018
fishing year.
For fishing year 2018, the AM for the
scallop fishery’s sub-ACL would be
triggered only if the scallop fishery’s
sub-ACL and the overall ACL for the
stock is exceeded. This change is
intended to provide flexibility for the
scallop fishery to better achieve optimal
yield, despite a reduction in the ACL,
while continuing to prevent overfishing.
In recent years, a significant portion of
the overall ACL has remained uncaught
as groundfish vessels have reduced their
catch. The likelihood of overfishing
occurring significantly increases only if
the total ACL is exceeded. Exceeding
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the total ACL would trigger the AM to
prevent subsequent ACL overages and
correct the cause of the overage. This
measure provides the scallop fishery
with flexibility to adjust to current catch
conditions while still providing an
incentive to avoid yellowtail flounder.
To align with changes to the AM triggers
for GB yellowtail flounder and northern
windowpane flounder, and to reduce
the potential risk for the groundfish
fishery, this change would be effective
for 1 year.
10. Recreational Fishery Measures
The recreational fishery does not have
an allocation of GB cod, and as a result,
no AMs apply to this fishery in the
event of an ACL overage. Recreational
fishery management measures were
designed and put in place to control
recreational catch in 2010 through
Amendment 16. The current
recreational minimum size for GB cod is
22 inches (55.9 cm), and private
recreational vessels have a possession
limit of 10 fish per person per day.
There is no possession limit for charter
or party vessels.
In response to increasing recreational
catch in recent years and an unusually
high recreational catch estimate in 2016
that contributed to an ACL overage, the
Council calculated a recreational catch
target for GB cod of 138 mt for 2018–
2020. This catch target was calculated
using the average catch (landings and
discards) of the most recent 5 calendar
years included in the GB cod stock
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assessment. This catch target was used
in setting the values of the state and
other sub-components (see Appendix II
of the Environmental Assessment) and
helps to gauge what measures may be
necessary to limit catch to the target
amount to avoid future overages. To
facilitate preventing future overages of
the GB cod ACL, Framework 57 gives
the Regional Administrator authority to
set recreational measures for fishing
years 2018 and 2019 to prevent the
recreational catch target from being
exceeded. After consultation with the
Council, any changes to recreational
measures would be made consistent
with the Administrative Procedure Act.
However, no changes to recreational
measures are included in this action. A
separate rule published March 22, 2018,
(83 FR 12551) proposed GOM cod and
haddock and GB cod recreational
management measures for the 2018
fishing year. Those measures will also
be finalized in a separate rule.
11. Fishing Year 2018 Annual Measures
Under Regional Administrator
Regulatory Authority
The Northeast Multispecies FMP
regulations give 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 action
implements a number of these
management measures for the 2018
fishing year. These measures are not
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part of Framework 57, and were not
specifically proposed by the Council.
We are implementing them in
conjunction with Framework 57
measures in this action for expediency
purposes, and because they relate to the
catch limits in Framework 57.
Common Pool Trip Limits
Tables 16 and 17 provide a summary
of the current common pool trip limits
for fishing year 2017 and the initial trip
limits implemented for fishing year
2018. The 2018 trip limits were
developed after considering changes to
the common pool sub-ACLs and
potential sector enrollment, trimester
TACs for 2018, catch rates of each stock
during 2017, and other available
information.
The default cod trip limit is 300 lb
(136 kg) for Handgear A vessels and 75
lb (34 kg) for Handgear B vessels. If the
GOM or GB cod landing limit for vessels
fishing on a groundfish day-at-sea (DAS)
drops below 300 lb (136 kg), then the
respective Handgear A cod trip limit
must be reduced to the same limit.
Similarly, the Handgear B trip limit
must be adjusted proportionally
(rounded up to the nearest 25 lb (11 kg))
to the DAS limit. This action
implements a GOM cod landing limit of
50 lb (23 kg) per DAS for vessels fishing
on a groundfish DAS, which is 94
percent lower than the default limit
specified in the regulations for these
vessels (800 lb (363 kg) per DAS). As a
result, the Handgear A trip limit for
GOM cod is reduced to 50 lb (23 kg) per
trip, and the Handgear B trip limit for
GOM cod is maintained at 25 lb (11 kg)
per trip. This action implements a GB
cod landing limit of 100 lb (45 kg) per
DAS for vessels fishing on a groundfish
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DAS, which is 95 percent lower than the
2,000-lb (907-kg) per DAS default limit
specified in the regulations for these
vessels. As a result, the Handgear A trip
limit for GB cod is 100 lb (45 kg) per
trip, and the Handgear B trip limit for
GB cod is 25 lb (11 kg) per trip.
Vessels with a Small Vessel category
permit may possess up to 300 lb (136
kg) of cod, haddock, and yellowtail,
combined, per trip. For the 2018 fishing
year, we are setting the maximum
amount of GOM cod and haddock
(within the 300-lb (136-kg) trip limit)
equal to the possession limits applicable
to multispecies DAS vessels (see Table
16). This adjustment is necessary to
ensure that the trip limit applicable to
the Small Vessel category permit is
consistent with reductions to the trip
limits for other common pool vessels, as
described above.
TABLE 16—COMMON POOL TRIP LIMITS FOR THE 2018 FISHING YEAR
Stock
Current 2017 trip limit
2018 Trip limit
GB Cod (outside Eastern U.S./Canada Area) ...
Possession Prohibited ......................................
GB Cod (inside Eastern U.S./Canada Area) .....
...........................................................................
GOM Cod ...........................................................
25 lb (11 kg) per DAS, up to 100 lb (45 kg)
per trip.
100 lb (45 kg) per DAS, up to 200 lb (91 kg)
per trip.
100 lb (45 kg) per DAS, up to 500 (227 kg) lb
per trip.
50 lb (23 kg) per DAS, up to 100 lb (45 kg)
per trip.
GB Haddock .......................................................
GOM Haddock ...................................................
100,000 lb (45,359 kg) per trip.
500 lb (227 kg) per DAS, up to 1,000 lb (454
kg) per trip.
GB Yellowtail Flounder ......................................
SNE/MA Yellowtail Flounder ..............................
100 lb (45 kg) per trip.
500 lb (227 kg) per DAS, up to 1,000 lb per
trip.
Cape Cod (CC)/GOM Yellowtail Flounder .........
American plaice .................................................
100 lb (45 kg) per DAS, up to 200 lb (91 kg)
per trip.
750 lb (340 kg) per DAS, up to 1,500 lb (680 kg) per trip.
500 lb (227 kg) per trip ....................................
Witch Flounder ...................................................
GB Winter Flounder ...........................................
GOM Winter Flounder ........................................
1,000 lb (454 kg) per DAS, up to 2,000 lb
(907 kg) per trip.
750 lb (340 kg) per DAS, up to 1,500 lb (680
kg) per trip.
400 lb (181 kg) per trip.
250 lb (113 kg) per trip.
2,000 lb (907 kg) per trip .................................
SNE/MA Winter Flounder ..................................
Redfish ...............................................................
White hake .........................................................
Pollock ................................................................
Atlantic Halibut ...................................................
Windowpane Flounder .......................................
1,000 lb (454 kg) per trip.
2,000 lb (907 kg) per DAS, up to 4,000 lb (1,814 kg) per trip.
Unlimited.
1,500 lb (680 kg) per trip.
Unlimited.
1 fish per trip.
Possession Prohibited.
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Ocean Pout.
Atlantic Wolffish.
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TABLE 17—COD TRIP LIMITS FOR HANDGEAR A, HANDGEAR B, AND SMALL VESSEL CATEGORY PERMITS FOR THE 2018
FISHING YEAR
Permit
Current 2017 trip limit
Handgear A GOM Cod ......................................
Handgear A GB Cod ..........................................
25 lb (11 kg) per trip ........................................
Possession Prohibited ......................................
Handgear B GOM Cod ......................................
Handgear B GB Cod ..........................................
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12. Administrative Regulatory
Corrections Under Secretarial
Authority
The following change is being made
using Magnuson-Stevens Fishery
Conservation and Management Act
section 305(d) authority to ensure that
FMPs or amendments are implemented
in accordance with the Magnuson-
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50 lb (23 kg) per trip.
100 lb (45 kg) per trip.
25 lb (11 kg) per trip.
Possession Prohibited ......................................
Small Vessel Category ......................................
Closed Area II Yellowtail Flounder/
Haddock SAP
This action allocates zero trips for
common pool vessels to target
yellowtail flounder within the Closed
Area II Yellowtail Flounder/Haddock
SAP for fishing year 2018. Vessels may
still fish in this SAP in 2018 to target
haddock, but must fish with a haddock
separator trawl, a Ruhle trawl, or hook
gear. Vessels may not fish in this SAP
using flounder trawl nets. This SAP is
open from August 1, 2018, through
January 31, 2019.
We have the authority under the
FMP’s regulations 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 fishing year 2018
GB yellowtail flounder groundfish subACL of 372,581 lb (169,000 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 2018 GB
yellowtail flounder allocation.
2018 Trip limit
25 lb (11 kg) per trip.
300 lb (136 kg) of cod, haddock, and yellowtail flounder combined; additionally, vessels are
limited to the common pool DAS limit for all stocks.
Stevens Act. This rule corrects a minor
error in the regulations that specify the
apportionment of the common pool subACLs among the trimesters. This change
to the regulations is necessary to correct
a rounding error and ensure that not
more than 100 percent of the common
pool sub-ACL is allocated among the
trimesters. In § 648.82(n), the
proportions of the common pool subACLs allocated to each trimester for GB
yellowtail flounder and GB winter
flounder are corrected to sum to 100
percent to address a previous rounding
error.
13. Comments and Responses on
Measures Proposed in the Framework
57 Proposed Rule
We received 15 comments on the
Framework 57 proposed rule. Public
comments were submitted by the
Conservation Law Foundation, the
National Party Boat Owners Alliance,
the New England Fishery Management
Council, the Northeast Hook
Fisherman’s Association, the Northeast
Seafood Coalition, and ten individuals.
Only comments that were applicable to
the proposed measures are addressed
below. Comments received on the
proposed recreational measures for
fishing year 2018 (83 FR 12551; March
22, 2018) that related to measures in
Framework 57 are included in the
comments and responses below.
Consolidated responses are provided to
similar comments on the proposed
measures.
Catch Limits for Fishing Years 2018–
2020
Comment 1: Two individuals
generally opposed increasing any
stock’s ABC. The Conservation Law
Foundation opposed the ABC increases
for GB cod and GOM cod; and stated the
increases were inconsistent with
National Standards 1 and 2, and that a
precautionary approach was necessary
due to warming in the Gulf of Maine
and illegal discarding. The Northeast
Seafood Coalition commented in
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support of the catch limits included in
Framework 57, but also raised concerns
about using 3-year constant ABCs as a
replacement for ABC projections.
Further, it stated that, in the future, the
constant catch approach should be
reevaluated in the context of the cost of
forfeited yields measured against
realized and quantifiable biomass
responses.
Response 1: We disagree that the
ABCs in this action are not consistent
with National Standards 1 and 2. The
approved 2018–2020 ABCs and ACLs
are based on peer-reviewed 2017 stock
assessments and the recommendations
of the Council’s Scientific and
Statistical Committee (SSC), consistent
with the National Standard 2
requirement to use the best scientific
information available. Further, the ABCs
and ACLs were calculated to prevent
overfishing while achieving optimum
yield, as required by National Standard
1, and they are consistent with current
rebuilding programs.
The 2017 assessments for GB cod and
GOM cod cite accuracy and
completeness of catch (including
discards) along with the estimate of
natural mortality (which could include
effects from warming in the Gulf of
Maine) as important sources of
uncertainty. The SSC considered
scientific uncertainty, including
accuracy of catch and natural mortality
estimates, in setting catch advice for
both cod stocks and used the Council’s
ABC control rule in the absence of better
information that would allow a more
explicit determination of scientific
uncertainty. In both cases, the SSC
recommended a 3-year constant catch to
help account for uncertainty in the
catch projections that are often overly
optimistic in the out years. Future stock
growth is often projected to be higher
than what is realized. As a result, the
SSC’s ABC recommendations in many
cases are lower than the projected
output. Future benchmark assessments
would be expected to consider any
additional information on catch
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estimate accuracy and estimates of
natural mortality that are not included
in operational assessment updates.
As explained in Appendix I to the
Environmental Assessment, in recent
years, the SSC has either used the
default control rule for a groundfish
stock or applied other approaches
tailored to address particular elements
of scientific uncertainty. One example
of a tailored approach is the use of
constant catch levels. The Council’s
Groundfish Plan Development Team
(PDT) used the outcomes of operational
assessments to develop OFL and ABC
alternatives for the SSC to consider
using either the defined ABC control
rule, approaches tailored for particular
stocks in recent specification setting, or
recommendations from the peer review
panel. The SSC also developed new
approaches for some stocks based on its
evaluation of uncertainty and attributes
of the available science. The SSC
routinely uses a constant catch
approach and has recommended
formally adopting this approach as part
of the SSC’s control rules.
The catch limits implemented in this
rule, based on the SSC’s
recommendation, practicably mitigate
economic impacts consistent with
Magnuson-Stevens Act requirements.
Ignoring an alternative that meets
conservation objectives of the
Magnuson-Stevens Act that could help
mitigate some of the substantial
economic impacts of recent groundfish
management actions would not be
consistent with National Standard 8.
Groundfish vessels catch cod along with
other stocks in this multispecies fishery.
As a result, a lower ABC could also
jeopardize achieving optimum yield for
the groundfish fishery compared to the
ABCs approved in this final rule.
Comment 2: Two individuals
commented that the GOM cod quota for
2018–2020 is too low, with one
individual stating that the rapid quota
decreases and increases cannot reflect
real circumstances, and that it is hard to
avoid cod while fishing for haddock,
pollock, and flounders. The Northeast
Seafood Coalition also stated that the
2017 stock assessments do not explain
why fishermen see different fish
populations than the assessments.
Response 2: We disagree. Information
from multiple fishery-independent
surveys conducted by independent
groups show similar trends in the GOM
cod stock. According to the 2017
assessment, the GOM cod stock shows
a truncated size and age structure,
consistent with a population
experiencing high mortality.
Additionally, there are no positive signs
of incoming recruitment, continued low
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survey indices, and the current spatial
distribution of the stock is considerably
less than its historical range within the
Gulf of Maine. Because the GOM cod
population has contracted to
concentrated areas near the coast,
fishermen encounter these fish in what
may be higher numbers than they have
recently experienced. However, that
does not accurately represent the overall
population because cod are absent from
large areas of their historic range. As
explained in the Environmental
Assessment (see ADDRESSES),
projections show an increase in
spawning stock biomass after fishing
year 2018 if the approved ABC is
caught.
Revisions to Common Pool Trimester
Allocations
Comment 3: The Northeast Hook
Fisherman’s Association supported the
revised trimester allocations based on
recent data to address closures in
Trimesters 1 and 2.
Response 3: We agree. For the reasons
discussed in the preamble, we have
approved the changes to the trimester
allocations. These changes are intended
to ensure the trimester allocations
reflect recent fishing effort and help
avoid inseason fishery closures. As a
result, this improvement to common
pool management measures will likely
provide additional fishing opportunities
for common pool vessels compared to
the current trimester allocation.
Adjustments Due to Fishing Year 2016
Overages
Comment 4: Two individuals
commented that the commercial subACL for GB cod is being reduced for an
overage that might not have happened
because of errors in the recreational
catch data from the Marine Recreational
Information Program (MRIP).
Response 4: Based on the final report
for the 2016 fishing year, catch of GB
cod exceeded the ACL by 54 percent
(396 mt) and the ABC by 48 percent
(364 mt). A minimal overage of the
common pool sub-ACL and higher than
expected catches by the state and other
subcomponents also contributed to the
GB cod overage. The majority of state
waters catch and the other subcomponent catch is from the
recreational fishery. As described in our
March 20, 2018, letter to the Council,
we revised the method for calculating
the recreational GB cod catch that we
consider when determining if an
overage has occurred. The 3-year
average was used to estimate
recreational GB cod catch in the state
and other sub-components to better
account for the variability and
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uncertainty associated with the MRIP
recreational catch estimates. This
method is consistent with how we
evaluate catch from other recreational
fisheries that do not have a sub-ACL.
Revisions to Atlantic Halibut
Accountability Measures
Comment 5: The Northeast Seafood
Coalition supported all of the changes to
the Atlantic halibut AMs.
Response 5: We agree. For the reasons
discussed in the preamble, we have
approved the changes to the Atlantic
halibut AMs. Extending the zeropossession halibut AM to all Federal
permit holders will reduce the catch of
halibut by federally-permitted vessels
not currently subject to the AM and
facilitate enforcement of Federal fishery
limits to increase the probability that
catch will be below the ACL. Modifying
the gear-restricted halibut AM areas for
Federal groundfish vessels will provide
groundfish vessels additional flexibility
while continuing to reduce catch of
halibut when the AMs are triggered.
Comment 6: The Northeast Seafood
Coalition commented that many
fishermen affected by the changes to the
Atlantic halibut AMs were not aware of
the potential changes until late in the
development of Framework 57 because
updated data was provided late in the
development of the framework. The
Northeast Seafood Coalition
recommended addressing this by
considering further modifications in the
future.
Response 6: We agree that the Council
may consider further modifications in
the future if it chooses to do so. We
encourage individuals to raise these
concerns to the Council. For Framework
57, there was ample opportunity for
public participation and comment on
these matters. Potentially applying
halibut AMs to all Federal permit
holders was discussed in at least five
public meetings and available for public
participation over the entire 51⁄2-month
period of the Framework beginning in
June 2017, and culminating in the
Council’s final vote to submit
Framework 57 on December 5, 2017.
During that time, these matters were
first discussed at the June 20, 2017,
Council meeting that initiated
Framework 57, then developed and
discussed by the PDT and the
Groundfish Oversight Committee. The
PDT provided the Committee with
written information about expanding
the zero-possession AM to other Federal
permit holders in a September 20, 2017,
memorandum. The Council voted on
September 27, 2017, to include these
measures in Framework 57, but did not
take a final vote to submit Framework
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57 to NMFS until December 5, 2017.
Each of these meetings provided
opportunity for public comment on the
proposed changes to the halibut AMs, in
addition to the comment period
provided by this rulemaking.
Comment 7: One individual
commented that exclusion from the
zero-possession AM should apply to all
recreational groundfish trips, including
charter or party trips by vessels issued
a limited access Northeast multispecies
permit, and suggested that had been the
Council’s intent.
Response 7: We disagree. On Tuesday
December 5, 2017, the Council
discussed revising the Atlantic halibut
AMs to apply to all vessels issued a
Federal permit. The Council specifically
considered the impact of this issue on
commercial Federal groundfish vessels
operating as for-hire vessels during
development of the rule and approved
the AM, as written in the proposed rule
and approved in this final rule, as
necessary to implement Framework 57.
The application of the zero-possession
halibut AM is reasonably calibrated to
facilitate enforcement and limit Federal
catch to the stock’s ACL. The Council’s
deliberations involved a careful
consideration of the measure’s
effectiveness in achieving its goals, the
measure’s impacts compared to
reasonable alternatives, and supports
their decision.
Revisions to Southern Windowpane
Flounder Accountability Measures
Comment 8: One individual opposed
the changes to the southern
windowpane flounder AMs. The
commenter stated that to prevent
overfishing, the size of the AM area that
is implemented should be based on the
stock conditions during the overage,
rather than at the time the AMs are
implemented.
Response 8: We disagree.
Accountability measures are
management controls to prevent ACLs
from being exceeded and correct or
mitigate overages if they occur. When an
ACL is exceeded, the AM must be
implemented as soon as possible to
correct the operational issue that caused
the overage as well as any known
biological consequences from the
overage. As explained in the
Environmental Assessment, using
survey information to determine the size
of the AM is appropriate because
windowpane flounder is assessed with
an index-based method, possession is
prohibited, and the ABCs and ACLs are
not based on a projection that accounts
for possible increases in biomass over
time. Using the most up to date
information for the revised AM better
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accounts for potential biological
consequences of the overage. It
evaluates an overage in the context of
the biomass and exploitation trends in
the most recent stock assessment and is
consistent with using the best available
science. As a result, the AM mitigation
is more closely tailored to the biological
effect from the overage.
Comment 9: The Northeast Seafood
Coalition supported the revisions to the
southern windowpane flounder AMs.
Response 9: We agree. For the reasons
discussed in the preamble, we have
approved the changes to the southern
windowpane flounder AMs. These
changes are expected to minimize the
economic impacts of the AM for a
rebuilt stock, consistent with National
Standards, while still correcting for any
overage and mitigating potential
biological consequences. The additional
flexibility this provides to nongroundfish vessels, including vessels
that target summer flounder, scup, and
skates, will provide additional
opportunities to achieve optimal yield
in those fisheries while preventing
overfishing.
Revision to the Southern New England/
Mid-Atlantic Yellowtail Flounder
Accountability Measures
Comment 10: The Northeast Seafood
Coalition supported the revisions to the
SNE/MA yellowtail flounder AMs.
Response 10: We agree. For the
reasons discussed in the preamble, we
have approved the changes to the SNE/
MA yellowtail flounder AMs. This
change provides flexibility for the
scallop fishery to better achieve optimal
yield, despite a reduction in the SNE/
MA yellowtail flounder ACL, while
continuing to prevent overfishing. This
measure provides the scallop fishery
with flexibility to adjust to current catch
conditions while still providing an
incentive to avoid yellowtail flounder.
Recreational Fishery Measures
Comment 11: The Northeast Seafood
Coalition supported setting a
recreational catch target for GB cod,
using the average of the most recent five
calendar years of catch to set the target,
and granting the Regional Administrator
authority to set recreational measures
for GB cod for fishing years 2018 and
2019 to prevent the target from being
exceeded. One individual supported
reducing recreational fishing when there
are sudden spikes in catch, but only if
failing to constrain the recreational
catch would cause significant economic
or environmental harm. Two
individuals commented that no action is
needed on recreational measures for GB
cod because the fishing year 2017 data
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shows that catch is down significantly
from 2016.
Response 11: For the reasons
explained in the preamble, we have
approved the 138-mt recreational catch
target, and granting the Regional
Administrator authority to set
recreational measures for GB cod for
fishing years 2018 and 2019 to prevent
the target from being exceeded.
Preliminary recreational catch data from
2017 does show a reduction in catch
from 2016, but the Council chose to set
a recreational catch target to limit
recreational catch to recent levels based
on the trend of increasing recreational
catch and the impact that increased
catch has had on the commercial
fishery. This action alone does not
constrain recreational fishing. Instead, it
provides authority to the Regional
Administrator to constrain catch when
necessary to prevent ACLs from being
exceeded and to prevent overfishing.
The Regional Administrator will be able
to carefully consider the degree to
which recreational fishing may need to
be constrained using the most up to date
information. This will provide an
opportunity to use measures that are
well designed to address the nature and
extent of the recreational fishery’s
contribution to any potential overage.
Comment 12: One individual
commented that the Council should
have used the most recent five fishing
years, rather than calendar years, to set
the GB cod catch target for 2018–2020.
Two individuals commented in
opposition to setting a constant GB cod
recreational catch target for three years
and commented that the target should
increase annually along with sub-ACLs
and sub-components. Two individuals
commented that the GB cod recreational
catch target should not be based on the
recreational catch data from MRIP
because the data is flawed and variable.
Response 12: We disagree. The
Council specifically chose to use the
most recent five calendar years of
recreational catch used in the 2017
stock assessment to be consistent with
the MRIP source of data for setting subACLs and sub-components. As
explained in the Environmental
Assessment and the preamble, the
Council used a 5-year average to reflect
the recent character of the fishery, and
to account for the variability of catch
and uncertainty of catch data. The
Council’s decision to set a catch target
provides an objective metric that
facilitates the Regional Administrator
determining whether to use the
authority granted to liberalize or
constrain the recreational fishery to
achieve, but not exceed, the catch target
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based on the most up to date
information.
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Changes From the Proposed Rule
This final rule contains a number of
minor corrections from the proposed
rule. In section 4 Default Catch Limits
for the 2021 Fishing Year, Table 10 of
this final rule corrects transcription
errors in the 2021 default specifications
published in the proposed rule. Table
10 in the proposed rule was missing GB
cod from the list of stocks and, as a
result, the default specifications for the
remaining stocks were listed next to the
incorrect values.
In section 6, Adjustments Due to
Fishing Year 2016 Overages, Table 13 of
this final rule corrects transcription
errors in the 2016 ABC and ACL for
witch flounder that were published in
the proposed rule. Although the 2016
ABC and ACL values were listed
incorrectly in Table 13 in the proposed
rule, the 2016 catch and overage, the
amount to be paid back in 2018 (Table
14), and the revised 2018 allocations
(Table 15) were correct.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Fishery
Conservation and Management Act, the
NMFS Assistant Administrator has
determined that the management
measures implemented in this final rule
are necessary for the conservation and
management of the Northeast
multispecies fishery and consistent with
the Magnuson-Stevens Act, and other
applicable law.
This final rule has been determined to
be not significant for purposes of
Executive Order (E.O.) 12866.
This rule is not an E.O. 13771
regulatory action because this rule is not
significant under E.O. 12866.
This final rule does not contain
policies with Federalism or takings
implications as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
The Assistant Administrator for
Fisheries finds that there is good cause,
under 5 U.S.C. 553(d)(3), to waive the
30-day delayed effectiveness of this
action. This action relies on the best
available science to set 2018 catch limits
for 20 groundfish stocks and adopts
several other measures to improve the
management of the groundfish fishery. If
the final rule is not effective on May 1,
2018, the Eastern U.S./Canada Area
would be closed, until this rule is
effective, because there are no default
quotas specified for eastern GB Cod or
eastern GB haddock. Groundfish vessels
would also be unable to benefit from the
increased quotas (particularly GOM cod,
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GOM haddock, Cape Cod/GOM
yellowtail flounder, and American
plaice) for the first portion of the fishing
year, which occurs during the important
summer fishing season. To fully capture
the conservation and economic benefits
of Framework 57 and prevent the
negative economic impacts that would
result from the closure of the Eastern
U.S./Canada Area, it is necessary to
waive the 30-day delayed effectiveness
of this rule. In addition to potentially
preventing the fishery from fully
benefitting from catch limit increases, a
delay could substantially disrupt
business planning and fishing practices
that would also result in direct
economic loss for the groundfish fleet
because of disruption to the fishery.
Delaying effectiveness this rule would
undermine the intent of the rule to set
2018 catch limits using the best
available science.
This rulemaking incorporates
information from updated stock
assessments for the 20 groundfish
stocks. The development of Framework
57 was timed to rely on the best
available science by incorporating the
results of these assessments, the last of
which was finalized in December 2017.
This required Council action and
analysis that could not be completed
until January 2018, and an opportunity
for public comment on the proposed
rule that did not close until April 6,
2018. The regulatory changes resulting
from this best available information are
regularly made in, and anticipated by,
the fishery. Quotas for 11 stocks will
increase with the implementation of this
rule, which notably includes a 41percent increase for GOM cod and a
139-percent increase for GB cod. In
recent years, low quotas for these two
key groundfish stocks have constrained
catch of other stocks because cod is
caught along with other stocks in this
mixed fishery and fishing must stop in
an area when catch of any one stock
reaches its quota. Delaying the increases
in the quotas would result in lost fishing
opportunities and constrain catch of all
other stocks.
Failure to waive the 30-day delayed
effectiveness would result in no catch
limits being specified for eastern GB cod
and haddock, which are jointly
managed with Canada. Without an
allocation for these groundfish stocks,
groundfish vessels would be unable to
fish in the Eastern U.S./Canada
Management Area until this rule is
effective. This would result in direct
economic losses for the groundfish fleet.
Delaying implementation of this rule
would not only limit the benefits of an
increased quota in 2018, but cause
vessels to miss part of the summer
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Sfmt 4700
19001
season. The milder weather associated
with the summer season is important for
offshore fishing trips to the Eastern
U.S./Canada Area, which extends out to
200 miles from shore. When the opening
of the Eastern Area was delayed until
August during the 2017 fishing year,
vessels that normally fish in that area
reported revenue losses of 50 percent.
While the summer season is important
to all vessels, it is particularly important
to the small groundfish vessels with the
most limited range and least sea-keeping
ability because it is the season when
many stocks are available nearest to
shore. For smaller vessels, missing a
month of the summer season could
effectively curtail the entirety of their
groundfish season.
In addition to the catch limit
increases, quotas for nine stocks will
decrease with implementation of this
rule. These decreases range from 7
percent to 75 percent. Delaying these
reductions could lead to catch at a rate
that would result in an early closure, or
quota overages, once the reduced quotas
are implemented. This would have
future negative economic impacts on the
fishery. Further, delaying required
reductions in ACLs increases the
likelihood of overages and negative
biological impacts to groundfish stocks,
including many which are overfished
and subject to a rebuilding plan.
For the reasons laid out above,
delaying the effectiveness past the
beginning of the fishing season on May
1, 2018, will result in a direct economic
loss for the groundfish fleet. The
groundfish fishery already faced
substantial catch limit reductions for
many key groundfish stocks over the
past 7 years. Any further disruption to
the fishery would diminish the benefits
of these specifications and other
approved measures and create
additional and unnecessary economic
impacts and confusion to the groundfish
fishery. Delaying effectiveness may
result in the fishery not fully benefitting
from the quota increases in this final
rule.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration, during
the proposed rule stage, that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
certification was published in the
proposed rule and is not repeated here.
No comments were received regarding
this certification. As a result, a
regulatory flexibility analysis was not
required and none was prepared.
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
§ 648.14
List of Subjects in 50 CFR Part 648
Prohibitions.
*
Fisheries, Fishing, Reporting and
recordkeeping requirements.
Dated: April 26, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the
preamble, 50 CFR part 648 is amended
as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.14, revise paragraphs
(k)(18) and (20) to read as follows:
■
*
*
*
*
(k) * * *
(18) Trimester TAC AM. It is unlawful
for any person, including any owner or
operator of a vessel issued a valid
Federal NE multispecies permit or letter
under § 648.4(a)(1)(i), unless otherwise
specified in § 648.17, to fish for, harvest,
possess, or land regulated species or
ocean pout in or from the closed areas
specified in § 648.82(n)(2)(ii) once such
areas are closed pursuant to
§ 648.82(n)(2)(i).
*
*
*
*
*
(20) AMs for both stocks of
windowpane flounder, ocean pout,
Atlantic halibut, and Atlantic wolffish.
It is unlawful for any person, including
any owner or operator of a vessel issued
a valid Federal NE multispecies permit
or letter under § 648.4(a)(1)(i), unless
otherwise specified in § 648.17, to fail to
comply with the restrictions on fishing
and gear specified in § 648.90(a)(5)(i)(D)
through (H).
*
*
*
*
*
■ 3. In § 648.82, revise paragraph
(n)(2)(i) to read as follows:
§ 648.82 Effort-control program for NE
multispecies limited access vessels.
*
*
*
*
*
(n) * * *
(2) * * *
(i) Trimester TACs—(A) Trimester
TAC distribution. With the exception of
SNE/MA winter flounder, any sub-ACLs
specified for common pool vessels
pursuant to § 648.90(a)(4) shall be
apportioned into 4-month trimesters,
beginning at the start of the fishing year
(i.e., Trimester 1: May 1–August 31;
Trimester 2: September 1–December 31;
Trimester 3: January 1–April 30), as
follows:
PORTION OF COMMON POOL SUB-ACLS APPORTIONED TO EACH STOCK FOR EACH TRIMESTER
Trimester 1
(percent)
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 ...................................................................................................................
Redfish .........................................................................................................................................
White hake ...................................................................................................................................
Pollock .........................................................................................................................................
(B) Trimester TAC adjustment. For
stocks that have experienced early
closures (e.g., Trimester 1 or Trimester
2 closures), the Regional Administrator
may use the biennial adjustment process
specified in § 648.90 to revise the
distribution of trimester TACs specified
in paragraph (n)(2)(i)(A) of this section.
Future adjustments to the distribution of
trimester TACs shall use catch data for
the most recent 5-year period prior to
the reevaluation of trimester TACs.
*
*
*
*
*
■ 4. In § 648.89, add paragraph (g) to
read as follows:
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§ 648.89 Recreational and charter/party
vessel restrictions.
*
*
*
*
*
(g) Regional Administrator authority
for 2018 and 2019 Georges Bank cod
recreational measures. For the 2018 or
2019 fishing years, the Regional
Administrator, after consultation with
the NEFMC, may adjust recreational
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measures for Georges Bank cod to
prevent the recreational fishery from
exceeding the annual catch target of 138
mt. Appropriate measures, including
adjustments to fishing seasons,
minimum fish sizes, or possession
limits, may be implemented in a manner
consistent with the Administrative
Procedure Act, with the final measures
published in the Federal Register prior
to the start of the fishing year when
possible. Separate measures may be
implemented for the private and
charter/party components of the
recreational fishery. Measures in place
in fishing year 2019 will be in effect
beginning in fishing year 2020, and will
remain in effect until they are changed
by a Framework Adjustment or
Amendment to the FMP, or through an
emergency action.
5. Section 648.90 is amended by:
a. Removing reserved paragraph
(a)(5)(i)(E);
■
■
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28
49
27
27
19
21
57
74
55
8
37
25
38
28
Trimester 2
(percent)
34
33
33
26
30
28
26
8
20
24
38
31
31
35
Trimester 3
(percent)
38
18
40
47
51
51
17
18
25
68
25
44
31
37
b. Redesignating paragraph
(a)(5)(i)(D)(1) through (4) as paragraphs
(a)(5)(i)(E) through (H);
■ c. Revising newly redesignated
paragraphs (a)(5)(i)(E) through (H); and
■ d. Adding paragraph (a)(5)(iv)(C).
The revisions and addition read as
follows:
■
§ 648.90 NE multispecies assessment,
framework procedures and specifications,
and flexible area action system.
*
*
*
*
*
(a) * * *
(5) * * *
(i) * * *
(E) Windowpane flounder. Unless
otherwise specified in paragraphs
(a)(5)(i)(E)(5) and (6) 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)(E), by any
amount greater than the management
uncertainty buffer, up to 20 percent
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greater than the overall ACL, the
applicable small AM area for the stock
shall be implemented, as specified in
paragraph (a)(5)(i)(E) of this section,
consistent with the Administrative
Procedure Act. If the overall ACL is
exceeded by more than 20 percent, the
applicable large AM area(s) for the stock
shall be implemented, as specified in
this paragraph (a)(5)(i)(E), consistent
with the Administrative Procedure Act.
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).
(1) Multispecies Fishery. If an overage
of the overall ACL for southern
windowpane flounder is a result of an
overage of the sub-ACL allocated to the
multispecies fishery pursuant to
paragraph (a)(4)(iii)(H)(2) of this section,
the applicable AM area(s) shall be in
effect year-round for any limited access
NE multispecies permitted vessel
fishing on a NE multispecies DAS or
sector trip.
(2) Exempted Fisheries. 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
§ 648.80(b)(3). If triggered, the Southern
Windowpane Flounder Small AM Area
will be implemented from September 1
through April 30; the Southern
Windowpane Flounder Large AM Areas
2 and 3 will be implemented yearround.
(3) Combined Overage. If an overage
of the overall ACL for southern
windowpane flounder is a result of
overages of both the multispecies
fishery and exempted fishery sub-ACLs,
the applicable AM area(s) shall be in
effect for both the multispecies fishery
and exempted fisheries as described in
this paragraph (a)(5)(i)(E). 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
multispecies fishery AM shall only be
implemented if the sub-ACL allocated to
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the multispecies 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.
(4) Windowpane AM Areas. The AM
areas defined below are bounded by the
following coordinates, connected in the
order listed by rhumb lines, unless
otherwise noted.
Point
N latitude
W longitude
Northern Windowpane Flounder and Ocean
Pout Small AM Area
1
2
3
4
5
6
1
....................
....................
....................
....................
....................
....................
....................
41°10′
41°10′
41°00′
41°00′
40°50′
40°50′
41°10′
67°40′
67°20′
67°20′
67°00′
67°00′
67°40′
67°40′
Northern Windowpane Flounder and Ocean
Pout Large AM Area
1
2
3
4
5
6
1
....................
....................
....................
....................
....................
....................
....................
42°10′
42°10′
41°00′
41°00′
40°50′
40°50′
42°10′
67°40′
67°20′
67°20′
67°00′
67°00′
67°40′
67°40′
Southern Windowpane Flounder and
Ocean Pout Small AM Area
1
2
3
4
1
....................
....................
....................
....................
....................
41°10′
41°10′
40°50′
40°50′
41°10′
71°30′
71°20′
71°20′
71°30′
71°30′
Southern Windowpane Flounder and
Ocean Pout Large AM Area 1
1
2
3
4
5
6
1
....................
....................
....................
....................
....................
....................
....................
41°10′
41°10′
41°00′
41°00′
40°50′
40°50′
41°10′
71°50′
71°10′
71°10′
71°20′
71°20′
71°50′
71°50′
Southern Windowpane Flounder and
Ocean Pout Large AM Area 2
1
2
3
4
5
6
7
8
1
....................
....................
....................
....................
....................
....................
....................
....................
....................
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(1)
40°30′
40°30′
40°20′
40°20′
(3)
(4)
5 40°32.6′
(1)
Fmt 4700
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73°30′
73°30′
73°50′
73°50′
(2)
73°58.5′
73°58.5′
5 73°56.4′
73°30′
Point
N latitude
19003
W longitude
Southern Windowpane Flounder Large AM
Area 3
1
2
3
4
5
6
1
....................
....................
....................
....................
....................
....................
....................
41°10′
41°10′
41°00′
41°00′
40°50′
40°50′
41°10′
71°30′
71°10′
71°10′
71°20′
71°20′
71°30′
71°30′
1 The southernmost coastline of Long Island,
NY, at 73°30′ W longitude.
2 The easternmost coastline of NJ at 40°20′
N latitude, then northward along the NJ coastline to Point 6.
3 The
northernmost coastline of NJ at
73°58.5′ W longitude.
4 The southernmost coastline of Long Island,
NY, at 73°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.
(5) 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 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 applies to a limited access NE
multispecies permitted vessel fishing on
a NE multispecies DAS or sector trip,
and to all vessels fishing with trawl gear
with a codend mesh size equal to or
greater than 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
§ 648.80(b)(3).
(6) 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 applies to
a limited access NE multispecies
permitted vessel fishing on a NE
multispecies DAS or sector trip, and to
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
all vessels fishing with trawl gear with
a codend mesh size equal to or greater
than 5 inches (12.7 cm) in other, nonspecified sub-components 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).
(F) Atlantic halibut. If NMFS
determines the overall ACL for Atlantic
halibut is exceeded, as described in this
paragraph (a)(5)(i)(F), by any amount
greater than the management
uncertainty buffer, the applicable AM
areas shall be implemented and any
vessel issued a Federal permit for any
fishery management plan may not fish
for, possess, or land Atlantic halibut for
the fishing year in which the AM is
implemented, as specified in paragraph
(a)(5)(i)(F) of this section. Vessels issued
only a charter/party permit, and/or an
Atlantic highly migratory species
angling permit, and/or an Atlantic
highly migratory species charter/
headboat permit are exempt from the
AM. A vessel issued a permit that is not
exempt from the AM in addition to an
exempt permit may not fish for, possess,
or land Atlantic halibut for the fishing
year in which the AM is implemented.
If the overall ACL is exceeded by more
than 20 percent, the applicable AM
area(s) for the stock shall be
implemented, as specified in paragraph
(a)(5)(i)(F) of this section, and the
Council shall revisit the AM in a future
action. The AM areas defined below are
bounded by the following coordinates,
connected in the order listed by rhumb
lines, unless otherwise noted. Any
vessel issued a limited access NE
multispecies permit and fishing with
trawl gear in the Atlantic Halibut Trawl
Gear AM Area may only use a haddock
separator trawl, as specified in
§ 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); except that selective
trawl gear is not required in the portion
of the Trawl Gear AM Area between 41
degrees 40 minutes and 42 degrees from
April 1 through July 31. When in effect,
a limited access NE multispecies
permitted vessel with gillnet gear may
not fish or be in the Atlantic Halibut
Fixed Gear AM Area from March 1
through October 31, unless transiting
with its gear stowed and not available
for immediate use as defined in § 648.2,
or such gear was approved consistent
with the process defined in
§ 648.85(b)(6). If a sub-ACL for Atlantic
halibut is allocated to another fishery,
consistent with the process specified at
VerDate Sep<11>2014
16:12 Apr 30, 2018
Jkt 244001
§ 648.90(a)(4), and there are AMs for
that fishery, the multispecies fishery
AM shall only be implemented if the
sub-ACL allocated to the multispecies
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
§ 648.90(a)(5), exceeds the common pool
sub-ACL) and the overall ACL is also
exceeded.
ATLANTIC HALIBUT TRAWL GEAR AM
AREA
Point
1
2
3
4
N latitude
....................
....................
....................
....................
42°00′
42°00′
41°30′
41°30′
W longitude
69°20′
68°20′
68°20′
69°20′
ATLANTIC HALIBUT GILLNET GEAR AM
AREA
Point
1
2
3
4
N latitude
....................
....................
....................
....................
43°10′
43°10′
43°00′
43°00′
W longitude
69°40′
69°30′
69°30′
69°40′
(G) Atlantic wolffish. If NMFS
determines the overall ACL for Atlantic
wolffish is exceeded, as described in
this paragraph (a)(5)(i)(G), by any
amount greater than the management
uncertainty buffer, the applicable AM
areas shall be implemented, as specified
in this paragraph (a)(5)(i)(G). If the
overall ACL is exceeded by more than
20 percent, the applicable AM area(s)
for the stock shall be implemented, as
specified in this paragraph (a)(5)(i)(G),
and the Council shall revisit the AM in
a future action. The AM areas defined
below are bounded by the following
coordinates, connected in the order
listed by rhumb lines, unless otherwise
noted. Any vessel issued a limited
access NE multispecies permit and
fishing with trawl gear in the Atlantic
Wolffish Trawl Gear AM Area may only
use a haddock separator trawl, as
specified in § 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). When
in effect, a limited access NE
multispecies permitted vessel with
gillnet or longline gear may not fish or
be in the Atlantic Wolffish Fixed Gear
AM Areas, unless transiting with its
gear stowed and not available for
immediate use as defined in § 648.2, or
PO 00000
Frm 00092
Fmt 4700
Sfmt 4700
such gear was approved consistent with
the process defined in § 648.85(b)(6). If
a sub-ACL for Atlantic wolffish is
allocated to another fishery, consistent
with the process specified at
§ 648.90(a)(4), and AMs are developed
for that fishery, the multispecies fishery
AM shall only be implemented if the
sub-ACL allocated to the multispecies
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
§ 648.90(a)(5), exceeds the common pool
sub-ACL) and the overall ACL is also
exceeded.
ATLANTIC WOLFFISH TRAWL GEAR AM
AREA
Point
1
2
3
4
5
6
7
8
....................
....................
....................
....................
....................
....................
....................
....................
N latitude
42°30′
42°30′
42°15′
42°15′
42°10′
42°10′
42°20′
42°20′
W longitude
70°30′
70°15′
70°15′
70°10′
70°10′
70°20′
70°20′
70°30′
ATLANTIC WOLFFISH FIXED GEAR AM
AREA 1
Point
1
2
3
4
....................
....................
....................
....................
N latitude
41°40′
41°40′
41°30′
41°30′
W longitude
69°40′
69°30′
69°30′
69°40′
ATLANTIC WOLFFISH FIXED GEAR AM
AREA 2
Point
1
2
3
4
....................
....................
....................
....................
N latitude
42°30′
42°30′
42°20′
42°20′
W longitude
70°20′
70°15′
70°15′
70°20′
(H) Ocean pout. Unless otherwise
specified in paragraphs (a)(5)(i)(E)(5)
and (6) of this section, if NMFS
determines the total catch exceeds the
overall ACL for ocean pout, as described
in paragraph (a)(5)(i)(E) 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)(E) 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
E:\FR\FM\01MYR1.SGM
01MYR1
Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
implemented, as specified in paragraph
(a)(5)(i)(E) of this section, consistent
with the Administrative Procedure Act.
The AM areas for ocean pout are
defined in paragraph (a)(5)(i)(E)(4) 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
§ 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) * * *
(C) 2018 fishing year threshold for
implementing the Atlantic sea scallop
fishery AM for SNE/MA yellowtail
flounder. For the 2018 fishing year, if
the scallop fishery catch exceeds its
SNE/MA yellowtail flounder sub-ACL
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.
Beginning in fishing year 2019, the
threshold for implementing scallop
fishery AMs for SNE/MA yellowtail
flounder listed in paragraph (a)(5)(iv)(A)
of this section will be in effect.
*
*
*
*
*
[FR Doc. 2018–09148 Filed 4–30–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 660
[Docket No. 170831849–8404–01]
RIN 0648–BH22
Fisheries Off West Coast States; West
Coast Salmon Fisheries; 2018
Management Measures and a
Temporary Rule
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule; and a temporary rule
for emergency action.
amozie on DSK30RV082PROD with RULES
AGENCY:
Through this final rule, NMFS
establishes fishery management
measures for the 2018 ocean salmon
fisheries off Washington, Oregon, and
California and the 2019 salmon seasons
opening earlier than May 1, 2019. The
temporary rule for emergency action
SUMMARY:
VerDate Sep<11>2014
16:12 Apr 30, 2018
Jkt 244001
(emergency rule), under the MagnusonStevens Fishery Conservation and
Management Act (MSA), implements
the 2018 annual management measures
for the West Coast ocean salmon
fisheries for the area from the U.S./
Canada border to Cape Falcon, OR, from
May 1, 2018, through October 28, 2018.
The emergency rule is required because
allocation of coho harvest between
recreational and commercial fisheries
will not be consistent with the
allocation schedule specified in the
Pacific Coast Salmon Fishery
Management Plan (FMP) in order to
limit fishery impacts on Queets and
Grays Harbor coho and meet
conservation and management
objectives. The fishery management
measures for the area from Cape Falcon,
OR, to the U.S./Mexico border are
consistent with the FMP and are
implemented through a final rule.
Specific fishery management measures
vary by fishery and by area. The
measures establish fishing areas,
seasons, quotas, legal gear, recreational
fishing days and catch limits,
possession and landing restrictions, and
minimum lengths for salmon taken in
the U.S. exclusive economic zone (EEZ)
(3–200 nautical miles (nmi)) off
Washington, Oregon, and California.
The management measures are intended
to prevent overfishing and to apportion
the ocean harvest equitably among
treaty Indian, non-treaty commercial,
and recreational fisheries. The measures
are also intended to allow a portion of
the salmon runs to escape the ocean
fisheries in order to provide for
spawning escapement and inside
fisheries (fisheries occurring in state
internal waters).
DATES: The final rule covering fisheries
south of Cape Falcon, OR, is effective
from 0001 hours Pacific Daylight Time
(PDT), May 1, 2018, until the effective
date of the 2019 management measures,
which will be published in the Federal
Register. The temporary rule covering
fisheries north of Cape Falcon, OR, is
effective from 0001 hours PDT, May 1,
2018, through 2400 hours PDT, October
28, 2018, or the attainment of the
specific quotas listed below in section
two of this rule.
ADDRESSES: The documents cited in this
document are available on the Pacific
Fishery Management Council’s
(Council’s) website (www.pcouncil.org).
FOR FURTHER INFORMATION CONTACT:
Peggy Mundy at (206) 526–4323.
SUPPLEMENTARY INFORMATION:
Background
The ocean salmon fisheries in the EEZ
off Washington, Oregon, and California
PO 00000
Frm 00093
Fmt 4700
Sfmt 4700
19005
are managed under a ‘‘framework’’ FMP.
Regulations at 50 CFR part 660, subpart
H, provide the mechanism for making
preseason and inseason adjustments to
the management measures, within limits
set by the FMP, by notification in the
Federal Register. 50 CFR 660.408, in
addition to the FMP, governs the
establishment of annual management
measures.
The management measures for the
2018 and pre-May 2019 ocean salmon
fisheries that are implemented in this
final rule were recommended by the
Council at its April 5 to 11, 2018,
meeting.
Process Used To Establish 2018
Management Measures
The Council announced its annual
preseason management process for the
2018 ocean salmon fisheries in the
Federal Register on December 27, 2017
(82 FR 61268), and on the Council’s
website at www.pcouncil.org. NMFS
published an additional notice of
opportunities to submit public
comments on the 2018 ocean salmon
fisheries in the Federal Register on
January 23, 2018 (83 FR 3133). These
notices announced the availability of
Council documents, the dates and
locations of Council meetings and
public hearings comprising the
Council’s complete schedule of events
for determining the annual proposed
and final modifications to ocean salmon
fishery management measures, and
instructions on how to comment on the
development of the 2018 ocean salmon
fisheries. The agendas for the March and
April Council meetings were published
in the Federal Register (83 FR 7457,
February 21, 2018, and 83 FR 11991,
March 19, 2018, respectively) and
posted on the Council’s website prior to
the actual meetings.
In accordance with the FMP, the
Council’s Salmon Technical Team (STT)
and staff economist prepared four
reports for the Council, its advisors, and
the public. All four reports were made
available on the Council’s website upon
their completion. The first of the
reports, ‘‘Review of 2017 Ocean Salmon
Fisheries,’’ was prepared in February
when the first increment of scientific
information necessary for crafting
management measures for the 2018 and
pre-May 2019 ocean salmon fisheries
became available. The first report
summarizes biological and socioeconomic data for the 2017 ocean
salmon fisheries and assesses the
performance of the fisheries with
respect to the Council’s 2017
management objectives. The second
report, ‘‘Preseason Report I Stock
Abundance Analysis and Environmental
E:\FR\FM\01MYR1.SGM
01MYR1
]]>Agencies
[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Rules and Regulations]
[Pages 18985-19005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09148]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 180110022-8383-02]
RIN 0648-BH52
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 57
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action approves and implements Framework Adjustment 57 to
the Northeast Multispecies Fishery Management Plan, as recommended by
the New England Fishery Management Council. This rule sets 2018-2020
catch limits for 20 multispecies (groundfish) stocks, adjusts
allocations for several fisheries, revises accountability measures, and
makes other minor 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
final measures are intended to prevent overfishing, rebuild overfished
stocks, achieve optimum yield, and ensure that management measures are
[[Page 18986]]
based on the best scientific information available.
DATES: Effective on May 1, 2018.
ADDRESSES: Copies of Framework Adjustment 57, including the
Environmental Assessment, the Regulatory Impact Review, and the
Regulatory Flexibility Act Analysis prepared by the New England Fishery
Management Council 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.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Policy Analyst,
phone: 978-281-9145; email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Summary of Approved Measures
2. Fishing Year 2018 Shared U.S./Canada Quotas
3. Catch Limits for Fishing Years 2018-2020
4. Default Catch Limits for Fishing Year 2021
5. Revisions to Common Pool Trimester Allocations
6. Adjustments Due to Fishing Year 2016 Overages
7. Revisions to Atlantic Halibut Accountability Measures
8. Revisions to Southern Windowpane Flounder Accountability Measures
for Non-Groundfish Trawl Vessels
9. Revision to the Southern New England/Mid-Atlantic Yellowtail
Flounder Accountability Measures for Scallop Vessels
10. Recreational Fishery Measures
11. Fishing Year 2018 Annual Measures Under Regional Administrator
Authority
12. Administrative Regulatory Corrections Under Secretarial
Authority
13. Comments and Responses on Measures Proposed in the Framework 57
Proposed Rule
1. Summary of Approved Measures
This action approves the management measures in Framework
Adjustment 57 to the Northeast Multispecies Fishery Management Plan
(FMP). The measures implemented in this final rule are:
Fishing year 2018 shared U.S./Canada quotas for Georges
Bank (GB) yellowtail flounder and eastern GB cod and haddock;
Fishing year 2018-2020 specifications for 20 groundfish
stocks;
Revisions to the common pool trimester total allowable
catch (TAC) allocations for several stocks;
Revisions to the accountability measures (AM) for Atlantic
halibut for vessels issued any Federal permit;
Revisions to the AMs for southern windowpane flounder for
non-groundfish trawl vessels;
Revisions to the trigger for the scallop fishery's AM for
Southern New England/Mid-Atlantic (SNE/MA) yellowtail flounder; and
Regional Administrator authority to adjust recreational
measures for GB cod.
This action also implements a number of other measures that are not
part of Framework 57, but that are implemented under Regional
Administrator authority included in the Northeast Multispecies FMP or
Secretarial authority to address administrative matters under section
305(d) of the Magnuson-Stevens Fishery Conservation and Management Act.
We are implementing these measures in conjunction with the Framework 57
measures for expediency purposes, and because these measures are
related to the catch limits in Framework 57. The additional measures
implemented by this action are listed below:
Management measures for the common pool fishery--this
action adjusts fishing year 2018 trip limits for the common pool
fishery.
Adjustments for fishing year 2016 catch overages--this
action reduces the 2018 allocations of GB cod, Gulf of Maine (GOM) cod,
and witch flounder due to catch limit overages that occurred in fishing
year 2016.
Other regulatory corrections--this action corrects a minor
rounding error in the regulations for the common pool trimester TACs.
2. 2018 Fishing Year U.S./Canada Quotas
Management of Transboundary Georges Bank Stocks
As described in the proposed rule, eastern GB cod, eastern GB
haddock, and GB yellowtail flounder are jointly managed with Canada
under the United States/Canada Resource Sharing Understanding. This
action adopts shared U.S./Canada quotas for these stocks for fishing
year 2018 based on 2017 assessments and the recommendations of the
Transboundary Management Guidance Committee (TMGC). The 2018 shared
U.S./Canada quotas, and each country's allocation, are listed in Table
1. For a more detailed discussion of the TMGC's 2018 catch advice, see
the TMGC's guidance document at: https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/announcements/2017tmgcguiddoc.pdf.
Table 1--Fishing Year 2018 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..................................... 951 40,000 300
U.S. Quota............................................. 257 (27%) 15,600 (39%) 213 (71%)
Canadian Quota......................................... 694 (73%) 24,400 (61%) 87 (29%)
----------------------------------------------------------------------------------------------------------------
The regulations implementing the U.S./Canada Resource Sharing
Understanding require deducting any overages of the U.S. quota for
eastern GB cod, eastern GB haddock, or GB yellowtail flounder from the
U.S. quota in the following fishing year. If catch information for the
2017 fishing year indicates that the U.S. fishery exceeded its quota
for any of the shared stocks, we will reduce the respective U.S. quotas
for the 2018 fishing year in a future management action, as close to
May 1, 2018, as possible. If any fishery that is allocated a portion of
the U.S. quota (e.g., scallop fishery, sectors, or common pool) 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 overall fishery does not negatively affect another component of the
overall fishery.
3. Catch Limits for the 2018-2020 Fishing Years
Summary of the Catch Limits
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,
[[Page 18987]]
which are set annually. Framework 56 (82 FR 35660; August 1, 2017)
implemented fishing year 2017-2019 catch limits for witch flounder and
2017 U.S./Canada quotas. This rule adopts catch limits for the 2018-
2020 fishing years for all groundfish stocks. The catch limits
implemented in this action, including overfishing limits (OFL),
acceptable biological catches (ABC), and annual catch limits (ACL), can
be found in Tables 2 through 9. A summary of how these catch limits
were developed, including the distribution to the various fishery
components, was provided in the proposed rule and in Appendix II
(Calculation of Northeast Multispecies Annual Catch Limits, FY 2018--FY
2020) to the Framework 57 Environmental Assessment, and is not repeated
here.
The sector and common pool sub-ACLs implemented in this action are
based on fishing year 2018 potential sector contributions (PSC) and
final fishing year 2017 sector rosters. All permits enrolled in a
sector, and the vessels associated with those permits, have until April
30, 2018, to withdraw from a sector and fish in the common pool for the
2018 fishing year. In addition to the enrollment delay, all permits
that change ownership after December 1, 2017, may join a sector through
April 30, 2018. We will publish final sector and common pool sub-ACLs
based on final 2018 sector rosters as soon as practicable after the
start of the 2018 fishing year. Initial 2018 sector allocations are
being established in a separate, concurrent rulemaking.
Table 2--Fishing Years 2018-2020 Overfishing Limits and Acceptable Biological Catches
[Mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018 2019 2020
Stock -------------------------------- Percent change ---------------------------------------------------------------
OFL U.S. ABC from 2017 OFL U.S. ABC OFL U.S. ABC
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod.................................. 3,047 1,591 139 3,047 2,285 3,047 2,285
GOM Cod................................. 938 703 41 938 703 938 703
GB Haddock.............................. 94,274 48,714 -15 99,757 48,714 100,825 73,114
GOM Haddock............................. 16,954 13,131 190 16,038 12,490 13,020 10,186
GB Yellowtail Flounder.................. UNK 213 3 UNK 300 .............. ..............
SNE/MA Yellowtail Flounder.............. 90 68 -75 90 68 90 68
CC/GOM Yellowtail Flounder.............. 662 511 20 736 511 848 511
American Plaice......................... 2,260 1,732 30 2,099 1,609 1,945 1,492
Witch Flounder.......................... UNK 993 13 UNK 993 UNK 993
GB Winter Flounder...................... 1,083 810 7 1,182 810 1,756 810
GOM Winter Flounder..................... 596 447 -45 596 447 596 447
SNE/MA Winter Flounder.................. 1,228 727 -7 1,228 727 1,228 727
Redfish................................. 15,451 11,552 5 15,640 11,785 15,852 11,942
White Hake.............................. 3,885 2,938 -20 3,898 2,938 3,916 2,938
Pollock................................. 51,680 40,172 88 53,940 40,172 57,240 40,172
N. Windowpane Flounder.................. 122 92 -49 122 92 122 92
S. Windowpane Flounder.................. 631 473 -24 631 473 631 473
Ocean Pout.............................. 169 127 -23 169 127 169 127
Atlantic Halibut........................ UNK 104 -34 UNK 104 UNK 104
Atlantic Wolffish....................... 120 90 10 120 90 120 90
--------------------------------------------------------------------------------------------------------------------------------------------------------
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.
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 Special Access Program (SAP) is
controlled by an overall TAC for GB haddock, which is the target
species for this SAP. The GB haddock TAC for the SAP is based on the
amount allocated to this SAP for the 2004 fishing year (1,130 mt) and
adjusted according to the change of the western GB haddock biomass in
relationship to its size in 2004. Based on this formula, the GB Haddock
TAC for this SAP is 2,511 mt for the 2018 fishing year. 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.
Table 3--Catch Limits for the 2018 Fishing Year
[Mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary Preliminary Midwater State
Stock Total Groundfish sector sub- common pool Recreational trawl Scallop Small-mesh waters sub- Other sub-
ACL sub-ACL ACL sub-ACL sub-ACL fishery fishery fisheries component component
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod............................................................. 1,519 1,360 1,335 25 .............. ......... ......... ........... 16 143
GOM Cod............................................................ 666 610 377 13 220 ......... ......... ........... 47 9
GB Haddock......................................................... 46,312 44,659 44,348 311 .............. 680 ......... ........... 487 487
GOM Haddock........................................................ 12,409 12,097 8,643 95 3,358 122 ......... ........... 95 95
GB Yellowtail Flounder............................................. 206 169 167 3 .............. ......... 33.1 4.0 0.0 0.0
SNE/MA Yellowtail Flounder......................................... 66 42 34 8 .............. ......... 4 ........... 2 17
[[Page 18988]]
CC/GOM Yellowtail Flounder......................................... 490 398 381 18 .............. ......... ......... ........... 51 41
American Plaice.................................................... 1,649 1,580 1,550 29 .............. ......... ......... ........... 35 35
Witch Flounder..................................................... 948 849 830 19 .............. ......... ......... ........... 40 60
GB Winter Flounder................................................. 787 731 725 6 .............. ......... ......... ........... 0 57
GOM Winter Flounder................................................ 428 357 339 18 .............. ......... ......... ........... 67 4
SNE/MA Winter Flounder............................................. 700 518 456 62 .............. ......... ......... ........... 73 109
Redfish............................................................ 10,986 10,755 10,696 59 .............. ......... ......... ........... 116 116
White Hake......................................................... 2,794 2,735 2,713 22 .............. ......... ......... ........... 29 29
Pollock............................................................ 38,204 37,400 37,163 237 .............. ......... ......... ........... 402 402
N. Windowpane Flounder............................................. 86 63 na 63 .............. ......... 18 ........... 2 3
S. Windowpane Flounder............................................. 457 53 na 53 .............. ......... 158 ........... 28 218
Ocean Pout......................................................... 120 94 na 94 .............. ......... ......... ........... 3 23
Atlantic Halibut................................................... 100 77 na 77 .............. ......... ......... ........... 21 2
Atlantic Wolffish.................................................. 84 82 na 82 .............. ......... ......... ........... 1 1
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Table 4--Catch Limits for the 2019 Fishing Year
[Mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary Preliminary Midwater State
Stock Total Groundfish sector sub- common pool Recreational trawl Scallop Small-mesh waters sub- Other sub-
ACL sub-ACL ACL sub-ACL sub-ACL fishery fishery fisheries component component
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod............................................................. 2,182 1,954 1,918 36 .............. ......... ......... ........... 23 206
GOM Cod............................................................ 666 610 377 13 220 ......... ......... ........... 47 9
GB Haddock......................................................... 46,312 44,659 44,348 311 .............. 680 ......... ........... 487 487
GOM Haddock........................................................ 11,803 11,506 8,222 90 3,194 116 ......... ........... 91 91
GB Yellowtail Flounder............................................. 291 239 235 4 .............. ......... 47 6 0 0
SNE/MA Yellowtail Flounder......................................... 66 32 26 6 .............. ......... 15 ........... 2 17
CC/GOM Yellowtail Flounder......................................... 490 398 381 18 .............. ......... ......... ........... 51 41
American Plaice.................................................... 1,532 1,467 1,440 27 .............. ......... ......... ........... 32 32
Witch Flounder..................................................... 948 849 830 19 .............. ......... ......... ........... 40 60
GB Winter Flounder................................................. 787 731 725 6 .............. ......... ......... ........... 0 57
GOM Winter Flounder................................................ 428 357 339 18 .............. ......... ......... ........... 67 4
SNE/MA Winter Flounder............................................. 700 518 456 62 .............. ......... ......... ........... 73 109
Redfish............................................................ 11,208 10,972 10,911 60 .............. ......... ......... ........... 118 118
White Hake......................................................... 2,794 2,735 2,713 22 .............. ......... ......... ........... 29 29
Pollock............................................................ 38,204 37,400 37,163 237 .............. ......... ......... ........... 402 402
N. Windowpane Flounder............................................. 86 63 ............ 63 .............. ......... 18 ........... 2 3
S. Windowpane Flounder............................................. 457 53 ............ 53 .............. ......... 158 ........... 28 218
Ocean Pout......................................................... 120 94 ............ 94 .............. ......... ......... ........... 3 23
Atlantic Halibut................................................... 100 77 ............ 77 .............. ......... ......... ........... 21 2
Atlantic Wolffish.................................................. 84 82 ............ 82 .............. ......... ......... ........... 1 1
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Table 5--Catch Limits for the 2020 Fishing Year
[Mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary Preliminary Midwater State
Stock Total Groundfish sector sub- common pool Recreational trawl Scallop Small-mesh waters sub- Other sub-
ACL sub-ACL ACL sub-ACL sub-ACL fishery fishery fisheries component component
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod............................................................. 2,182 1,954 1,918 36 .............. ......... ......... ........... 23 206
GOM Cod............................................................ 666 610 377 13 220 ......... ......... ........... 47 9
GB Haddock......................................................... 69,509 67,027 66,560 467 .............. 1,020 ......... ........... 731 731
GOM Haddock........................................................ 9,626 9,384 6,705 74 2,605 95 ......... ........... 74 74
GB Yellowtail Flounder............................................. ....... ........... ............ ............ .............. ......... 0.0 0.0 0.0 0.0
SNE/MA Yellowtail Flounder......................................... 66 31 25 6 .............. ......... 16 ........... 2 17
CC/GOM Yellowtail Flounder......................................... 490 398 381 18 .............. ......... ......... ........... 51 41
American Plaice.................................................... 1,420 1,361 1,335 25 .............. ......... ......... ........... 30 30
Witch Flounder..................................................... 948 849 830 19 .............. ......... ......... ........... 40 60
GB Winter Flounder................................................. 787 731 725 6 .............. ......... ......... ........... 0 57
GOM Winter Flounder................................................ 428 357 339 18 .............. ......... ......... ........... 67 4
[[Page 18989]]
SNE/MA Winter Flounder............................................. 700 518 456 62 .............. ......... ......... ........... 73 109
Redfish............................................................ 11,357 11,118 11,057 61 .............. ......... ......... ........... 119 119
White Hake......................................................... 2,794 2,735 2,713 22 .............. ......... ......... ........... 29 29
Pollock............................................................ 38,204 37,400 37,163 237 .............. ......... ......... ........... 402 402
N. Windowpane Flounder............................................. 86 63 ............ 63 .............. ......... ......... ........... 2 3
S. Windowpane Flounder............................................. 457 53 ............ 53 .............. ......... 158 ........... 28 218
Ocean Pout......................................................... 120 94 ............ 94 .............. ......... ......... ........... 3 23
Atlantic Halibut................................................... 100 77 ............ 77 .............. ......... ......... ........... 21 2
Atlantic Wolffish.................................................. 84 82 ............ 82 .............. ......... ......... ........... 1 1
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Table 6--Fishing Years 2018-2020 Common Pool Trimester TACs
[Mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018 2019 2020
-----------------------------------------------------------------------------------------------------------
Stock Trimester Trimester Trimester Trimester Trimester Trimester Trimester Trimester Trimester
1 2 3 1 2 3 1 2 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod...................................... 6.1 7.4 8.3 10.1 12.3 13.7 10.1 12.3 13.7
GOM Cod..................................... 6.2 4.2 2.3 6.2 4.2 2.3 6.2 4.2 2.3
GB Haddock.................................. 84.0 102.6 124.4 84.0 102.6 124.4 126.1 154.1 186.7
GOM Haddock................................. 25.6 24.7 44.6 24.4 23.5 42.4 19.9 19.1 34.6
GB Yellowtail Flounder...................... 0.5 0.8 1.3 0.7 1.1 1.9 .......... .......... ..........
SNE/MA Yellowtail Flounder.................. 1.7 2.3 4.2 1.3 1.7 3.2 1.3 1.7 3.1
CC/GOM Yellowtail Flounder.................. 10.0 4.6 3.0 10.0 4.6 3.0 10.0 4.6 3.0
American Plaice............................. 21.8 2.4 5.3 20.3 2.2 4.9 18.8 2.0 4.6
Witch Flounder.............................. 10.4 3.8 4.7 10.4 3.8 4.7 10.4 3.8 4.7
GB Winter Flounder.......................... 0.5 1.4 4.1 0.5 1.4 4.1 0.5 1.4 4.1
GOM Winter Flounder......................... 6.5 6.7 4.4 6.5 6.7 4.4 6.5 6.7 4.4
Redfish..................................... 14.8 18.4 26.1 15.1 18.7 26.6 15.3 19.0 27.0
White Hake.................................. 8.3 6.8 6.8 8.3 6.8 6.8 8.3 6.8 6.8
Pollock..................................... 66.4 83.0 87.7 66.4 83.0 87.7 66.4 83.0 87.7
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note. For tables 3-6, an empty cell indicates that no catch limit has been set yet for these stocks, or that stock is not allocated to a fishery. These
catch limits will be set in a future management action.
Table 7--Common Pool Incidental Catch TACs for the 2018-2020 Fishing Years
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
Percentage of
Stock common pool 2018 2019 2020
sub-ACL
----------------------------------------------------------------------------------------------------------------
GB Cod.......................................... 2 0.50 0.72 0.72
GOM Cod......................................... 1 0.13 0.13 0.13
GB Yellowtail Flounder.......................... 2 0.05 0.07 0.00
CC/GOM Yellowtail Flounder...................... 1 0.18 0.18 0.18
American Plaice................................. 5 1.47 1.37 1.27
Witch Flounder.................................. 5 0.95 0.95 0.95
SNE/MA Winter Flounder.......................... 1 0.62 0.62 0.62
----------------------------------------------------------------------------------------------------------------
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 .............. ..............
----------------------------------------------------------------------------------------------------------------
Note. DAS = day-at-sea.
[[Page 18990]]
Table 9--Fishing Years 2018-2020 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 SAP haddock SAP
Stock -----------------------------------------------------
2018 2019 2020 2018 2019 2020 2018 2019 2020
----------------------------------------------------------------------------------------------------------------
GB Cod......................... 0.25 0.36 0.36 0.08 0.12 0.12 0.17 0.25 0.25
GOM Cod........................ 0.13 0.13 0.13 ....... ....... ....... ....... ....... .......
GB Yellowtail Flounder......... 0.03 0.04 0.00 ....... ....... ....... 0.03 0.04 0.00
CC/GOM Yellowtail Flounder..... 0.18 0.18 0.18 ....... ....... ....... ....... ....... .......
American Plaice................ 1.47 1.37 1.27 ....... ....... ....... ....... ....... .......
Witch Flounder................. 0.95 0.95 0.95 ....... ....... ....... ....... ....... .......
SNE/MA Winter Flounder......... 0.62 0.62 0.62 ....... ....... ....... ....... ....... .......
----------------------------------------------------------------------------------------------------------------
4. Default Catch Limits for the 2021 Fishing Year
Framework 53 (80 FR 25110; May 1, 2015) established a mechanism for
setting default catch limits in the event a future management action is
delayed. Additional description of the default catch limit mechanism is
provided in the preamble to the Framework 53 final rule. The default
catch limits for 2021 are shown in Table 10. This final rule also
corrects transcription errors in the 2021 default specifications
published in the proposed rule. In the proposed rule, Table 10 was
missing GB cod from the list of stocks and, as a result, the remaining
stocks were listed next to the incorrect values.
The default limits would become effective May 1, 2021, until
replaced by final specifications, although they will remain in effect
only through July 31, 2021. The preliminary sector and common pool sub-
ACLs in Table 10 are based on existing 2017 sector rosters and will be
adjusted for new specifications beginning in fishing year 2021 based on
rosters from the 2020 fishing year. In addition, prior to the start of
the 2021 fishing year, we will evaluate whether any of the default
catch limits announced in this rule exceed the Council's ABC
recommendations for 2021. If necessary, we will announce adjustments
prior to May 1, 2021.
Table 10--Default Specifications for the 2021 Fishing Year
[Mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary
Stock U.S. ABC Total ACL Groundfish Preliminary common pool Midwater
sub-ACL sector sub-ACL sub-ACL trawl fishery
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod.................................................. 800 764 684 671 13 ..............
GOM Cod................................................. 246 233 213 132 4 ..............
GB Haddock.............................................. 25,590 24,328 23,460 23,296 163 1,020
GOM Haddock............................................. 3,565 3,369 3,284 2,347 26 95
GB Yellowtail Flounder.................................. 0 0 0 0 0 ..............
SNE/MA Yellowtail Flounder.............................. 24 23 11 9 2 ..............
CC/GOM Yellowtail Flounder.............................. 179 172 139 133 6 ..............
American Plaice......................................... 522 497 476 4679 9 ..............
Witch Flounder.......................................... 348 332 297 291 7 ..............
GB Winter Flounder...................................... 284 276 256 254 2 ..............
GOM Winter Flounder..................................... 156 150 125 119 6 ..............
SNE/MA Winter Flounder.................................. 254 245 181 160 22 ..............
Redfish................................................. 4,180 3,975 3,891 3,870 21 ..............
White Hake.............................................. 1,028 978 957 950 9 ..............
Pollock................................................. 14,060 13,371 13,090 13,007 83 ..............
N. Windowpane Flounder.................................. 32 30 22 0 22 ..............
S. Windowpane Flounder.................................. 166 160 18 0 18 ..............
Ocean Pout.............................................. 44 42 33 0 33 ..............
Atlantic Halibut........................................ 36 35 27 0 27 ..............
Atlantic Wolffish....................................... 32 29 29 0 29 ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
5. Revisions to Common Pool Trimester Allocations
The common pool sub-ACL for each stock (except for SNE/MA winter
flounder, windowpane flounder, ocean pout, Atlantic wolffish, and
Atlantic halibut) is further divided into trimester TACs. The
percentages of the common pool sub-ACL allocated to each trimester, as
determined in Amendment 16 (75 FR 18262; April 9, 2010), are shown in
Table 11. The Council developed this initial distribution based on
recent fishing effort at the time after considering the influence of
regulatory changes on recent landings patterns. Amendment 16 specified
that the trimester TAC apportionment could be adjusted on a biennial
basis with specifications based on the most recent 5-year period
available. Framework 57 grants the Regional Administrator authority to
modify the trimester TAC apportionments, for stocks that have
experienced early closures in Trimester 1 or 2, on a biennial basis
using the process specified in Amendment 16.
Framework 57 also revises the apportionment of the common pool sub-
ACL among the trimesters, using the calculation method specified in
Amendment 16, for stocks that have experienced early closure in
Trimester 1 or 2 since the 2010 fishing year. The stocks that meet
these criteria are: GB cod; GOM cod; SNE/MA yellowtail
[[Page 18991]]
flounder; Cape Cod/GOM yellowtail flounder; American plaice; and witch
flounder. The Trimester 1 portion of the sub-ACL for each of these
stocks is increased, with the exception of SNE/MA yellowtail, which
remains unchanged. The trimester 2 portion of the sub-ACL for each of
these stocks is reduced. The trimester 3 portion of the TAC is
unchanged for GB cod; increased for SNE/MA yellowtail flounder; and
decreased for GOM cod, Cape Cod/GOM yellowtail flounder, American
plaice, and witch flounder. The new trimester TAC apportionments for
these stocks are shown in Table 12 and were used in calculating the
trimester TACs for 2018-2020 (see 3. Catch Limits for the 2018-2020
Fishing Years).
Table 11--Trimester TAC Apportionments Set in Amendment 16
------------------------------------------------------------------------
Trimester Trimester Trimester
Stock 1 (%) 2 (%) 3 (%)
------------------------------------------------------------------------
GB Cod.............................. 25 37 38
GOM Cod............................. 27 36 37
GB Haddock.......................... 27 33 40
GOM Haddock......................... 27 26 47
GB Yellowtail....................... 19 30 52
SNE/MA Yellowtail................... 21 37 42
CC/GOM Yellowtail................... 35 35 30
American Plaice..................... 24 36 40
Witch Flounder...................... 27 31 42
GB Winter........................... 8 24 69
GOM Winter.......................... 37 38 25
Redfish............................. 25 31 44
White Hake.......................... 38 31 31
Pollock............................. 28 35 37
------------------------------------------------------------------------
Table 12--Revisions to Trimester TAC Apportionments
------------------------------------------------------------------------
Trimester Trimester Trimester
Stock 1 (%) 2 (%) 3 (%)
------------------------------------------------------------------------
GB Cod.............................. 28 34 38
GOM Cod............................. 49 33 18
SNE/MA Yellowtail................... 21 28 51
CC/GOM Yellowtail................... 57 26 17
American Plaice..................... 74 8 18
Witch Flounder...................... 55 20 25
------------------------------------------------------------------------
6. Adjustments Due to Fishing Year 2016 Overages
If the overall ACL is exceeded due to catch from vessels fishing in
state waters outside of the FMP or from vessels fishing in non-
groundfish fisheries that do not receive an allocation, the overage is
distributed to the components of the fishery with an allocation. If a
fishery component's catch and its share of the ACL overage exceed the
component's allocation, then the applicable AMs must be implemented. In
the case of the commercial groundfish fishery, the AMs require a
reduction of the sector or common pool sub-ACL following an overage.
In fishing year 2016, the overall ACL was exceeded for witch
flounder, GB cod, and GOM cod (Table 13). The proposed rule included a
description of fishing year 2016 catch overages and required
adjustments to fishing year 2018 allocations, and is not repeated here.
This final rule corrects transcription errors in the 2016 ABC and ACL
for witch flounder published in the proposed rule. Table 13 includes
the corrected values. Although the ABC and ACL values were listed
incorrectly in the proposed rule, the catch, overage, and amount to be
paid back were correct. The proposed revised 2018 allocations were
correct. Therefore, this correction does not affect fishery operations.
These adjustments to the 2018 allocations are not part of Framework 57.
We are including them in conjunction with Framework 57 measures for
expediency purposes, and because they relate to the catch limits
included in Framework 57.
Each sub-component's payback amounts for these stocks is shown in
Table 14. Revised 2018 allocations, incorporating these payback
amounts, are shown in Table 15. These revised allocations were
incorporated in the quotas set for 2018 (see 3. Catch Limits for the
2018-2020 Fishing Years).
Table 13--2016 ABCs, ACLs, Catch, and Overages
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
Amount to be
Stock U.S. ABC Total ACL Catch Overage paid back
----------------------------------------------------------------------------------------------------------------
GB Cod.......................... 762 730 1,132.1 402.1 165.97
GOM Cod......................... 500 473 633.7 160.7 37.66
Witch Flounder.................. 460 441 460.3 19.3 19.20
----------------------------------------------------------------------------------------------------------------
[[Page 18992]]
Table 14--2016 Payback Amounts
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
Stock Total Sector Common pool Recreational
----------------------------------------------------------------------------------------------------------------
GB Cod.......................................... 402.1 162.57 3.40 n/a
GOM Cod......................................... 160.7 21.05 0.00 16.61
Witch Flounder.................................. 19.3 19.15 0.05 n/a
----------------------------------------------------------------------------------------------------------------
Note: ``n/a'' indicates that the stock is not allocated to that sub-component of the fishery. A value of 0.00
indicates that no payback is required.
Table 15--Revised 2018 Allocations
[Mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial
Groundfish sub- Initial Revised preliminary Revised preliminary common
Stock Total ACL ACL preliminary preliminary common pool pool sub-ACL
sector sub-ACL sector sub-ACL sub-ACL
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod................................... 1,519 1,360 1,335.17 1,172.61 25.13 21.73.
GOM Cod.................................. 666 610 376.92 355.87 12.73 unchanged.
Witch Flounder........................... 948 849 830.09 810.94 18.93 18.88.
--------------------------------------------------------------------------------------------------------------------------------------------------------
7. Revisions to Atlantic Halibut Accountability Measures
As described in the proposed rule and Environmental Assessment, the
FMP includes two reactive AMs for Atlantic halibut that affect the
Federal commercial groundfish fishery. If the Atlantic halibut ACL is
exceeded by an amount greater than the uncertainty buffer (i.e., the
ABC is exceeded), then commercial groundfish vessels are prohibited
from retaining Atlantic halibut and are required to use selective gear
in several areas (Figure 1). When the Atlantic halibut AM is triggered,
trawl vessels fishing in the Atlantic Halibut Trawl Gear AM Area may
only use a haddock separator trawl, a Ruhle trawl, a rope separator
trawl, or other approved gear. When in effect, groundfish vessels with
gillnet or longline gear may not fish or be in the Atlantic Halibut
Fixed Gear AM Areas, unless transiting with gear stowed or using
approved gear.
This action extends the zero-possession AM to all Federal permit
holders (including federally permitted scallop, lobster, and highly
migratory species general category vessels). Vessels issued only a
charter/party permit for any species, an Atlantic highly migratory
species angling permit, and/or an Atlantic highly migratory species
charter/headboat permit are exempt from the zero-possession AM. For
example, a vessel issued a Northeast multispecies charter/party permit
and a bluefish charter/party permit would be exempt from the AM, but a
vessels issued a Northeast multispecies charter/party permit and a
commercial bluefish permit would not be exempt from the AM. The intent
of expanding the AM is to facilitate enforcement of Federal fishery
limits and reduce the catch of halibut by federally permitted vessels
not currently subject to the AM. This measure is expected to increase
the probability that catch will be below the ACL by reducing
potentially illegal catch in Federal waters and legal directed fishing
effort by federally permitted vessels.
Framework 57 also modifies the gear-restricted AM areas for Federal
groundfish vessels based on the best available science. Based on an
updated evaluation of Atlantic halibut encounter rates, the existing AM
areas are changed to allow access to places and times where Atlantic
halibut encounter rates are low while protecting areas and times where
encounter rates are highest. This would allow groundfish trawl and
fixed gear vessels additional flexibility while continuing to reduce
catch of halibut when the AMs are triggered (Figure 2). This action
eliminates the Fixed Gear AM Area 1 on Stellwagen Bank; exempts
longline gear from Fixed Gear AM Area 2 on Platts Bank; allows gillnet
gear in Fixed Gear AM Area 2 from November through February; and allows
standard trawl gear in the Trawl Gear AM Area between 41 degrees 40
minutes N latitude and 42 degrees N latitude from April through July
(see dashed line in Figure 2). These modifications are expected to
continue to protect the Atlantic halibut stock due to the low encounter
rates and low catch rates in the seasons and areas included, and will
preserve fishing opportunities for vessels targeting other species.
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8. Revisions to Southern Windowpane Flounder AMs for Non-Groundfish
Trawl Vessels
Based on an updated evaluation of the existing AM areas, the AM
areas for non-groundfish vessels are revised to more closely tailor the
areas to where southern windowpane are being encountered. Framework 57
also applies measures, similar to those used in the groundfish fishery,
to scale the size of the AM area based on the condition of the stock
and catch in the year after the overage, but does not alter the AM
trigger. Additionally, Framework 57 allows for reducing the duration of
an AM for non-groundfish vessels when merited by biological or
operational conditions, similar to how the AMs are applied to
groundfish vessels.
The southern windowpane flounder AMs are gear restricted areas that
affect groundfish trawl vessels and non-groundfish trawl vessels using
a codend mesh size of 5 inches (12.7 cm) or greater (see Figure 3).
This includes vessels that target summer flounder, scup, and skates.
The AM for large-mesh non-groundfish fisheries is implemented if the
total ACL is exceeded by more than the management uncertainty buffer
and catch by the other sub-component exceeds what was expected. When
the AM is triggered, large-mesh non-groundfish vessels fishing with
trawl gear with codend mesh size of 5 inches (12.7 cm) or greater are
required to use selective trawl gear to minimize the catch of flatfish
in the AM areas. Approved gears include the separator trawl, Ruhle
trawl, mini-Ruhle trawl, and rope trawl, which are inefficient at
catching the species targeted by the non-groundfish large-mesh trawl
fleet. The FMP includes several provisions that allow a reduction in
the size and duration of the AM for groundfish vessels if certain stock
status criteria are met. This action implements similar areas and
reduced duration provisions for the large mesh non-groundfish fleet and
modifies the current gear restricted areas that would apply to the non-
groundfish fleet when an AM is triggered.
[[Page 18995]]
[GRAPHIC] [TIFF OMITTED] TR01MY18.008
Reducing the Size of the AM
Framework 57 will scale the size of the AM areas based on the
condition of the stock and catch in the year after the overage. Similar
to the AM for the groundfish fishery, when the stock is rebuilt and the
biomass criterion (described in the proposed rule and Environmental
Assessment) is greater than the fishing year catch, the small AM areas
may be implemented in lieu of the large AM areas. These modifications
allow additional flexibility for affected vessels while continuing to
reduce impacts on the southern windowpane stock, similar to provisions
already implemented for the groundfish fishery.
If we determine that the biological and catch criteria are met, the
small AM area would be implemented rather than the large AM area. This
AM trigger better accounts for the uncertainty associated with this
index-based stock because it evaluates an overage in the context of the
biomass and exploitation trends in the stock assessment. As explained
in the Environmental Assessment, using survey information to determine
the size of the AM is appropriate because windowpane flounder is
assessed with an index-based method, possession is prohibited, and the
ABCs and ACLs are not based on a projection that accounts for possible
increases in biomass over time. This change is expected to minimize the
economic impacts of the AM for a rebuilt stock, while still correcting
for operational issues contributing to the overage and mitigating
potential biological consequences.
Reducing the Duration of the AM
Framework 57 also grants the Regional Administrator authority to
remove the southern windowpane flounder AM early for non-groundfish
trawl vessels if operational criteria are met. If an overage in year 1
triggers the AM for year 3, and we determine that the applicable
windowpane flounder ACL was not exceeded in year 2, then the Regional
Administrator would be authorized to remove the AM on or after
September 1 once year-end data for year 2 are complete. This reduced
duration would not occur if we determine during year 3 that a year 3
overage of the southern windowpane flounder ACL has occurred. This
provision was already implemented for the groundfish fishery.
Modification of the Gear-Restricted Areas
In addition to scaling the size of the AM area based on the
condition of the stock and catch in the year after the overage, and
allowing for reducing the duration of an AM for non-groundfish vessels
when merited by current stock conditions and catch amounts, this action
also revises the area and season of the AM areas for non-groundfish
trawl vessels using a codend mesh size of 5 inches (12.7 cm) or greater
based on an updated evaluation of the existing AM areas using recent
data (see Figure 4). The geographic area of the small AM area remains
unchanged, but the AM will be in effect from September through April,
rather than the entire fishing year. The large AM area south of Long
Island also remains unchanged, but the large AM area east of Long
Island is reduced to a smaller geographic area made up of the small AM
area and the eastern most 10-minute square of the current large AM
area. Both large AM areas will be closed year-round when triggered.
These changes do not affect the AM areas applicable to groundfish trawl
vessels. Based on recent data, these modifications are likely to have
minimal impacts on the southern windowpane flounder stock because of
the low bycatch ratios documented in the areas that would no longer be
closed. The revised areas are intended to provide additional
opportunities for the non-groundfish fleet to pursue target stocks,
while still maintaining the necessary conservation benefits of the AMs.
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9. Revision to the SNE/MA Yellowtail Flounder AMs for Scallop Vessels
The scallop fishery is allocated sub-ACLs for four stocks: GB
yellowtail flounder; SNE/MA yellowtail flounder; northern windowpane
flounder; and southern windowpane flounder. 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) established a policy for triggering scallop fishery AMs.
Framework 56 (82 FR 35660; August 1, 2017) made a change to this policy
for GB yellowtail flounder and northern windowpane flounder for the
2017 and 2018 fishing years. This action expands that change to the
SNE/MA yellowtail flounder stock for the 2018 fishing year.
For fishing year 2018, the AM for the scallop fishery's sub-ACL
would be triggered only if the scallop fishery's sub-ACL and the
overall ACL for the stock is exceeded. This change is intended to
provide flexibility for the scallop fishery to better achieve optimal
yield, despite a reduction in the ACL, while continuing to prevent
overfishing. In recent years, a significant portion of the overall ACL
has remained uncaught as groundfish vessels have reduced their catch.
The likelihood of overfishing occurring significantly increases only if
the total ACL is exceeded. Exceeding the total ACL would trigger the AM
to prevent subsequent ACL overages and correct the cause of the
overage. This measure provides the scallop fishery with flexibility to
adjust to current catch conditions while still providing an incentive
to avoid yellowtail flounder. To align with changes to the AM triggers
for GB yellowtail flounder and northern windowpane flounder, and to
reduce the potential risk for the groundfish fishery, this change would
be effective for 1 year.
10. Recreational Fishery Measures
The recreational fishery does not have an allocation of GB cod, and
as a result, no AMs apply to this fishery in the event of an ACL
overage. Recreational fishery management measures were designed and put
in place to control recreational catch in 2010 through Amendment 16.
The current recreational minimum size for GB cod is 22 inches (55.9
cm), and private recreational vessels have a possession limit of 10
fish per person per day. There is no possession limit for charter or
party vessels.
In response to increasing recreational catch in recent years and an
unusually high recreational catch estimate in 2016 that contributed to
an ACL overage, the Council calculated a recreational catch target for
GB cod of 138 mt for 2018-2020. This catch target was calculated using
the average catch (landings and discards) of the most recent 5 calendar
years included in the GB cod stock assessment. This catch target was
used in setting the values of the state and other sub-components (see
Appendix II of the Environmental Assessment) and helps to gauge what
measures may be necessary to limit catch to the target amount to avoid
future overages. To facilitate preventing future overages of the GB cod
ACL, Framework 57 gives the Regional Administrator authority to set
recreational measures for fishing years 2018 and 2019 to prevent the
recreational catch target from being exceeded. After consultation with
the Council, any changes to recreational measures would be made
consistent with the Administrative Procedure Act. However, no changes
to recreational measures are included in this action. A separate rule
published March 22, 2018, (83 FR 12551) proposed GOM cod and haddock
and GB cod recreational management measures for the 2018 fishing year.
Those measures will also be finalized in a separate rule.
11. Fishing Year 2018 Annual Measures Under Regional Administrator
Regulatory Authority
The Northeast Multispecies FMP regulations give 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 action implements a
number of these management measures for the 2018 fishing year. These
measures are not
[[Page 18997]]
part of Framework 57, and were not specifically proposed by the
Council. We are implementing them in conjunction with Framework 57
measures in this action for expediency purposes, and because they
relate to the catch limits in Framework 57.
Common Pool Trip Limits
Tables 16 and 17 provide a summary of the current common pool trip
limits for fishing year 2017 and the initial trip limits implemented
for fishing year 2018. The 2018 trip limits were developed after
considering changes to the common pool sub-ACLs and potential sector
enrollment, trimester TACs for 2018, catch rates of each stock during
2017, and other available information.
The default cod trip limit is 300 lb (136 kg) for Handgear A
vessels and 75 lb (34 kg) for Handgear B vessels. If the GOM or GB cod
landing limit for vessels fishing on a groundfish day-at-sea (DAS)
drops below 300 lb (136 kg), then the respective Handgear A cod trip
limit must be reduced to the same limit. Similarly, the Handgear B trip
limit must be adjusted proportionally (rounded up to the nearest 25 lb
(11 kg)) to the DAS limit. This action implements a GOM cod landing
limit of 50 lb (23 kg) per DAS for vessels fishing on a groundfish DAS,
which is 94 percent lower than the default limit specified in the
regulations for these vessels (800 lb (363 kg) per DAS). As a result,
the Handgear A trip limit for GOM cod is reduced to 50 lb (23 kg) per
trip, and the Handgear B trip limit for GOM cod is maintained at 25 lb
(11 kg) per trip. This action implements a GB cod landing limit of 100
lb (45 kg) per DAS for vessels fishing on a groundfish DAS, which is 95
percent lower than the 2,000-lb (907-kg) per DAS default limit
specified in the regulations for these vessels. As a result, the
Handgear A trip limit for GB cod is 100 lb (45 kg) per trip, and the
Handgear B trip limit for GB cod is 25 lb (11 kg) per trip.
Vessels with a Small Vessel category permit may possess up to 300
lb (136 kg) of cod, haddock, and yellowtail, combined, per trip. For
the 2018 fishing year, we are setting the maximum amount of GOM cod and
haddock (within the 300-lb (136-kg) trip limit) equal to the possession
limits applicable to multispecies DAS vessels (see Table 16). This
adjustment is necessary to ensure that the trip limit applicable to the
Small Vessel category permit is consistent with reductions to the trip
limits for other common pool vessels, as described above.
Table 16--Common Pool Trip Limits for the 2018 Fishing Year
------------------------------------------------------------------------
Current 2017 trip
Stock limit 2018 Trip limit
------------------------------------------------------------------------
GB Cod (outside Eastern U.S./ Possession 100 lb (45 kg) per
Canada Area). Prohibited. DAS, up to 200 lb
(91 kg) per trip.
GB Cod (inside Eastern U.S./ .................. 100 lb (45 kg) per
Canada Area). DAS, up to 500
(227 kg) lb per
trip.
GOM Cod......................... 25 lb (11 kg) per 50 lb (23 kg) per
DAS, up to 100 lb DAS, up to 100 lb
(45 kg) per trip. (45 kg) per trip.
---------------------------------------
GB Haddock...................... 100,000 lb (45,359 kg) per trip.
---------------------------------------
GOM Haddock..................... 500 lb (227 kg) 1,000 lb (454 kg)
per DAS, up to per DAS, up to
1,000 lb (454 kg) 2,000 lb (907 kg)
per trip. per trip.
---------------------------------------
GB Yellowtail Flounder.......... 100 lb (45 kg) per trip.
---------------------------------------
SNE/MA Yellowtail Flounder...... 500 lb (227 kg) 100 lb (45 kg) per
per DAS, up to DAS, up to 200 lb
1,000 lb per trip. (91 kg) per trip.
---------------------------------------
Cape Cod (CC)/GOM Yellowtail 750 lb (340 kg) per DAS, up to 1,500
Flounder. lb (680 kg) per trip.
---------------------------------------
American plaice................. 500 lb (227 kg) 750 lb (340 kg)
per trip. per DAS, up to
1,500 lb (680 kg)
per trip.
---------------------------------------
Witch Flounder.................. 400 lb (181 kg) per trip.
GB Winter Flounder.............. 250 lb (113 kg) per trip.
---------------------------------------
GOM Winter Flounder............. 2,000 lb (907 kg) 1,000 lb (454 kg)
per trip. per trip.
---------------------------------------
SNE/MA Winter Flounder.......... 2,000 lb (907 kg) per DAS, up to 4,000
lb (1,814 kg) per trip.
Redfish......................... Unlimited.
White hake...................... 1,500 lb (680 kg) per trip.
Pollock......................... Unlimited.
Atlantic Halibut................ 1 fish per trip.
Windowpane Flounder............. Possession Prohibited.
---------------------------------------
Ocean Pout......................
Atlantic Wolffish...............
------------------------------------------------------------------------
[[Page 18998]]
Table 17--Cod Trip Limits for Handgear A, Handgear B, and Small Vessel
Category Permits for the 2018 Fishing Year
------------------------------------------------------------------------
Current 2017 trip
Permit limit 2018 Trip limit
------------------------------------------------------------------------
Handgear A GOM Cod.............. 25 lb (11 kg) per 50 lb (23 kg) per
trip. trip.
Handgear A GB Cod............... Possession 100 lb (45 kg) per
Prohibited. trip.
---------------------------------------
Handgear B GOM Cod.............. 25 lb (11 kg) per trip.
---------------------------------------
Handgear B GB Cod............... Possession 25 lb (11 kg) per
Prohibited. trip.
---------------------------------------
Small Vessel Category........... 300 lb (136 kg) of cod, haddock, and
yellowtail flounder combined;
additionally, vessels are limited to
the common pool DAS limit for all
stocks.
------------------------------------------------------------------------
Closed Area II Yellowtail Flounder/Haddock SAP
This action allocates zero trips for common pool vessels to target
yellowtail flounder within the Closed Area II Yellowtail Flounder/
Haddock SAP for fishing year 2018. Vessels may still fish in this SAP
in 2018 to target haddock, but must fish with a haddock separator
trawl, a Ruhle trawl, or hook gear. Vessels may not fish in this SAP
using flounder trawl nets. This SAP is open from August 1, 2018,
through January 31, 2019.
We have the authority under the FMP's regulations 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 fishing
year 2018 GB yellowtail flounder groundfish sub-ACL of 372,581 lb
(169,000 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 2018 GB yellowtail flounder allocation.
12. Administrative Regulatory Corrections Under Secretarial Authority
The following change is being made using Magnuson-Stevens Fishery
Conservation and Management Act section 305(d) authority to ensure that
FMPs or amendments are implemented in accordance with the Magnuson-
Stevens Act. This rule corrects a minor error in the regulations that
specify the apportionment of the common pool sub-ACLs among the
trimesters. This change to the regulations is necessary to correct a
rounding error and ensure that not more than 100 percent of the common
pool sub-ACL is allocated among the trimesters. In Sec. 648.82(n), the
proportions of the common pool sub-ACLs allocated to each trimester for
GB yellowtail flounder and GB winter flounder are corrected to sum to
100 percent to address a previous rounding error.
13. Comments and Responses on Measures Proposed in the Framework 57
Proposed Rule
We received 15 comments on the Framework 57 proposed rule. Public
comments were submitted by the Conservation Law Foundation, the
National Party Boat Owners Alliance, the New England Fishery Management
Council, the Northeast Hook Fisherman's Association, the Northeast
Seafood Coalition, and ten individuals. Only comments that were
applicable to the proposed measures are addressed below. Comments
received on the proposed recreational measures for fishing year 2018
(83 FR 12551; March 22, 2018) that related to measures in Framework 57
are included in the comments and responses below. Consolidated
responses are provided to similar comments on the proposed measures.
Catch Limits for Fishing Years 2018-2020
Comment 1: Two individuals generally opposed increasing any stock's
ABC. The Conservation Law Foundation opposed the ABC increases for GB
cod and GOM cod; and stated the increases were inconsistent with
National Standards 1 and 2, and that a precautionary approach was
necessary due to warming in the Gulf of Maine and illegal discarding.
The Northeast Seafood Coalition commented in support of the catch
limits included in Framework 57, but also raised concerns about using
3-year constant ABCs as a replacement for ABC projections. Further, it
stated that, in the future, the constant catch approach should be
reevaluated in the context of the cost of forfeited yields measured
against realized and quantifiable biomass responses.
Response 1: We disagree that the ABCs in this action are not
consistent with National Standards 1 and 2. The approved 2018-2020 ABCs
and ACLs are based on peer-reviewed 2017 stock assessments and the
recommendations of the Council's Scientific and Statistical Committee
(SSC), consistent with the National Standard 2 requirement to use the
best scientific information available. Further, the ABCs and ACLs were
calculated to prevent overfishing while achieving optimum yield, as
required by National Standard 1, and they are consistent with current
rebuilding programs.
The 2017 assessments for GB cod and GOM cod cite accuracy and
completeness of catch (including discards) along with the estimate of
natural mortality (which could include effects from warming in the Gulf
of Maine) as important sources of uncertainty. The SSC considered
scientific uncertainty, including accuracy of catch and natural
mortality estimates, in setting catch advice for both cod stocks and
used the Council's ABC control rule in the absence of better
information that would allow a more explicit determination of
scientific uncertainty. In both cases, the SSC recommended a 3-year
constant catch to help account for uncertainty in the catch projections
that are often overly optimistic in the out years. Future stock growth
is often projected to be higher than what is realized. As a result, the
SSC's ABC recommendations in many cases are lower than the projected
output. Future benchmark assessments would be expected to consider any
additional information on catch
[[Page 18999]]
estimate accuracy and estimates of natural mortality that are not
included in operational assessment updates.
As explained in Appendix I to the Environmental Assessment, in
recent years, the SSC has either used the default control rule for a
groundfish stock or applied other approaches tailored to address
particular elements of scientific uncertainty. One example of a
tailored approach is the use of constant catch levels. The Council's
Groundfish Plan Development Team (PDT) used the outcomes of operational
assessments to develop OFL and ABC alternatives for the SSC to consider
using either the defined ABC control rule, approaches tailored for
particular stocks in recent specification setting, or recommendations
from the peer review panel. The SSC also developed new approaches for
some stocks based on its evaluation of uncertainty and attributes of
the available science. The SSC routinely uses a constant catch approach
and has recommended formally adopting this approach as part of the
SSC's control rules.
The catch limits implemented in this rule, based on the SSC's
recommendation, practicably mitigate economic impacts consistent with
Magnuson-Stevens Act requirements. Ignoring an alternative that meets
conservation objectives of the Magnuson-Stevens Act that could help
mitigate some of the substantial economic impacts of recent groundfish
management actions would not be consistent with National Standard 8.
Groundfish vessels catch cod along with other stocks in this
multispecies fishery. As a result, a lower ABC could also jeopardize
achieving optimum yield for the groundfish fishery compared to the ABCs
approved in this final rule.
Comment 2: Two individuals commented that the GOM cod quota for
2018-2020 is too low, with one individual stating that the rapid quota
decreases and increases cannot reflect real circumstances, and that it
is hard to avoid cod while fishing for haddock, pollock, and flounders.
The Northeast Seafood Coalition also stated that the 2017 stock
assessments do not explain why fishermen see different fish populations
than the assessments.
Response 2: We disagree. Information from multiple fishery-
independent surveys conducted by independent groups show similar trends
in the GOM cod stock. According to the 2017 assessment, the GOM cod
stock shows a truncated size and age structure, consistent with a
population experiencing high mortality. Additionally, there are no
positive signs of incoming recruitment, continued low survey indices,
and the current spatial distribution of the stock is considerably less
than its historical range within the Gulf of Maine. Because the GOM cod
population has contracted to concentrated areas near the coast,
fishermen encounter these fish in what may be higher numbers than they
have recently experienced. However, that does not accurately represent
the overall population because cod are absent from large areas of their
historic range. As explained in the Environmental Assessment (see
ADDRESSES), projections show an increase in spawning stock biomass
after fishing year 2018 if the approved ABC is caught.
Revisions to Common Pool Trimester Allocations
Comment 3: The Northeast Hook Fisherman's Association supported the
revised trimester allocations based on recent data to address closures
in Trimesters 1 and 2.
Response 3: We agree. For the reasons discussed in the preamble, we
have approved the changes to the trimester allocations. These changes
are intended to ensure the trimester allocations reflect recent fishing
effort and help avoid inseason fishery closures. As a result, this
improvement to common pool management measures will likely provide
additional fishing opportunities for common pool vessels compared to
the current trimester allocation.
Adjustments Due to Fishing Year 2016 Overages
Comment 4: Two individuals commented that the commercial sub-ACL
for GB cod is being reduced for an overage that might not have happened
because of errors in the recreational catch data from the Marine
Recreational Information Program (MRIP).
Response 4: Based on the final report for the 2016 fishing year,
catch of GB cod exceeded the ACL by 54 percent (396 mt) and the ABC by
48 percent (364 mt). A minimal overage of the common pool sub-ACL and
higher than expected catches by the state and other subcomponents also
contributed to the GB cod overage. The majority of state waters catch
and the other sub-component catch is from the recreational fishery. As
described in our March 20, 2018, letter to the Council, we revised the
method for calculating the recreational GB cod catch that we consider
when determining if an overage has occurred. The 3-year average was
used to estimate recreational GB cod catch in the state and other sub-
components to better account for the variability and uncertainty
associated with the MRIP recreational catch estimates. This method is
consistent with how we evaluate catch from other recreational fisheries
that do not have a sub-ACL.
Revisions to Atlantic Halibut Accountability Measures
Comment 5: The Northeast Seafood Coalition supported all of the
changes to the Atlantic halibut AMs.
Response 5: We agree. For the reasons discussed in the preamble, we
have approved the changes to the Atlantic halibut AMs. Extending the
zero-possession halibut AM to all Federal permit holders will reduce
the catch of halibut by federally-permitted vessels not currently
subject to the AM and facilitate enforcement of Federal fishery limits
to increase the probability that catch will be below the ACL. Modifying
the gear-restricted halibut AM areas for Federal groundfish vessels
will provide groundfish vessels additional flexibility while continuing
to reduce catch of halibut when the AMs are triggered.
Comment 6: The Northeast Seafood Coalition commented that many
fishermen affected by the changes to the Atlantic halibut AMs were not
aware of the potential changes until late in the development of
Framework 57 because updated data was provided late in the development
of the framework. The Northeast Seafood Coalition recommended
addressing this by considering further modifications in the future.
Response 6: We agree that the Council may consider further
modifications in the future if it chooses to do so. We encourage
individuals to raise these concerns to the Council. For Framework 57,
there was ample opportunity for public participation and comment on
these matters. Potentially applying halibut AMs to all Federal permit
holders was discussed in at least five public meetings and available
for public participation over the entire 5\1/2\-month period of the
Framework beginning in June 2017, and culminating in the Council's
final vote to submit Framework 57 on December 5, 2017. During that
time, these matters were first discussed at the June 20, 2017, Council
meeting that initiated Framework 57, then developed and discussed by
the PDT and the Groundfish Oversight Committee. The PDT provided the
Committee with written information about expanding the zero-possession
AM to other Federal permit holders in a September 20, 2017, memorandum.
The Council voted on September 27, 2017, to include these measures in
Framework 57, but did not take a final vote to submit Framework
[[Page 19000]]
57 to NMFS until December 5, 2017. Each of these meetings provided
opportunity for public comment on the proposed changes to the halibut
AMs, in addition to the comment period provided by this rulemaking.
Comment 7: One individual commented that exclusion from the zero-
possession AM should apply to all recreational groundfish trips,
including charter or party trips by vessels issued a limited access
Northeast multispecies permit, and suggested that had been the
Council's intent.
Response 7: We disagree. On Tuesday December 5, 2017, the Council
discussed revising the Atlantic halibut AMs to apply to all vessels
issued a Federal permit. The Council specifically considered the impact
of this issue on commercial Federal groundfish vessels operating as
for-hire vessels during development of the rule and approved the AM, as
written in the proposed rule and approved in this final rule, as
necessary to implement Framework 57. The application of the zero-
possession halibut AM is reasonably calibrated to facilitate
enforcement and limit Federal catch to the stock's ACL. The Council's
deliberations involved a careful consideration of the measure's
effectiveness in achieving its goals, the measure's impacts compared to
reasonable alternatives, and supports their decision.
Revisions to Southern Windowpane Flounder Accountability Measures
Comment 8: One individual opposed the changes to the southern
windowpane flounder AMs. The commenter stated that to prevent
overfishing, the size of the AM area that is implemented should be
based on the stock conditions during the overage, rather than at the
time the AMs are implemented.
Response 8: We disagree. Accountability measures are management
controls to prevent ACLs from being exceeded and correct or mitigate
overages if they occur. When an ACL is exceeded, the AM must be
implemented as soon as possible to correct the operational issue that
caused the overage as well as any known biological consequences from
the overage. As explained in the Environmental Assessment, using survey
information to determine the size of the AM is appropriate because
windowpane flounder is assessed with an index-based method, possession
is prohibited, and the ABCs and ACLs are not based on a projection that
accounts for possible increases in biomass over time. Using the most up
to date information for the revised AM better accounts for potential
biological consequences of the overage. It evaluates an overage in the
context of the biomass and exploitation trends in the most recent stock
assessment and is consistent with using the best available science. As
a result, the AM mitigation is more closely tailored to the biological
effect from the overage.
Comment 9: The Northeast Seafood Coalition supported the revisions
to the southern windowpane flounder AMs.
Response 9: We agree. For the reasons discussed in the preamble, we
have approved the changes to the southern windowpane flounder AMs.
These changes are expected to minimize the economic impacts of the AM
for a rebuilt stock, consistent with National Standards, while still
correcting for any overage and mitigating potential biological
consequences. The additional flexibility this provides to non-
groundfish vessels, including vessels that target summer flounder,
scup, and skates, will provide additional opportunities to achieve
optimal yield in those fisheries while preventing overfishing.
Revision to the Southern New England/Mid-Atlantic Yellowtail Flounder
Accountability Measures
Comment 10: The Northeast Seafood Coalition supported the revisions
to the SNE/MA yellowtail flounder AMs.
Response 10: We agree. For the reasons discussed in the preamble,
we have approved the changes to the SNE/MA yellowtail flounder AMs.
This change provides flexibility for the scallop fishery to better
achieve optimal yield, despite a reduction in the SNE/MA yellowtail
flounder ACL, while continuing to prevent overfishing. This measure
provides the scallop fishery with flexibility to adjust to current
catch conditions while still providing an incentive to avoid yellowtail
flounder.
Recreational Fishery Measures
Comment 11: The Northeast Seafood Coalition supported setting a
recreational catch target for GB cod, using the average of the most
recent five calendar years of catch to set the target, and granting the
Regional Administrator authority to set recreational measures for GB
cod for fishing years 2018 and 2019 to prevent the target from being
exceeded. One individual supported reducing recreational fishing when
there are sudden spikes in catch, but only if failing to constrain the
recreational catch would cause significant economic or environmental
harm. Two individuals commented that no action is needed on
recreational measures for GB cod because the fishing year 2017 data
shows that catch is down significantly from 2016.
Response 11: For the reasons explained in the preamble, we have
approved the 138-mt recreational catch target, and granting the
Regional Administrator authority to set recreational measures for GB
cod for fishing years 2018 and 2019 to prevent the target from being
exceeded. Preliminary recreational catch data from 2017 does show a
reduction in catch from 2016, but the Council chose to set a
recreational catch target to limit recreational catch to recent levels
based on the trend of increasing recreational catch and the impact that
increased catch has had on the commercial fishery. This action alone
does not constrain recreational fishing. Instead, it provides authority
to the Regional Administrator to constrain catch when necessary to
prevent ACLs from being exceeded and to prevent overfishing. The
Regional Administrator will be able to carefully consider the degree to
which recreational fishing may need to be constrained using the most up
to date information. This will provide an opportunity to use measures
that are well designed to address the nature and extent of the
recreational fishery's contribution to any potential overage.
Comment 12: One individual commented that the Council should have
used the most recent five fishing years, rather than calendar years, to
set the GB cod catch target for 2018-2020. Two individuals commented in
opposition to setting a constant GB cod recreational catch target for
three years and commented that the target should increase annually
along with sub-ACLs and sub-components. Two individuals commented that
the GB cod recreational catch target should not be based on the
recreational catch data from MRIP because the data is flawed and
variable.
Response 12: We disagree. The Council specifically chose to use the
most recent five calendar years of recreational catch used in the 2017
stock assessment to be consistent with the MRIP source of data for
setting sub-ACLs and sub-components. As explained in the Environmental
Assessment and the preamble, the Council used a 5-year average to
reflect the recent character of the fishery, and to account for the
variability of catch and uncertainty of catch data. The Council's
decision to set a catch target provides an objective metric that
facilitates the Regional Administrator determining whether to use the
authority granted to liberalize or constrain the recreational fishery
to achieve, but not exceed, the catch target
[[Page 19001]]
based on the most up to date information.
Changes From the Proposed Rule
This final rule contains a number of minor corrections from the
proposed rule. In section 4 Default Catch Limits for the 2021 Fishing
Year, Table 10 of this final rule corrects transcription errors in the
2021 default specifications published in the proposed rule. Table 10 in
the proposed rule was missing GB cod from the list of stocks and, as a
result, the default specifications for the remaining stocks were listed
next to the incorrect values.
In section 6, Adjustments Due to Fishing Year 2016 Overages, Table
13 of this final rule corrects transcription errors in the 2016 ABC and
ACL for witch flounder that were published in the proposed rule.
Although the 2016 ABC and ACL values were listed incorrectly in Table
13 in the proposed rule, the 2016 catch and overage, the amount to be
paid back in 2018 (Table 14), and the revised 2018 allocations (Table
15) were correct.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery
Conservation and Management Act, the NMFS Assistant Administrator has
determined that the management measures implemented in this final rule
are necessary for the conservation and management of the Northeast
multispecies fishery and consistent with the Magnuson-Stevens Act, and
other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This rule is not an E.O. 13771 regulatory action because this rule
is not significant under E.O. 12866.
This final rule does not contain policies with Federalism or
takings implications as those terms are defined in E.O. 13132 and E.O.
12630, respectively.
The Assistant Administrator for Fisheries finds that there is good
cause, under 5 U.S.C. 553(d)(3), to waive the 30-day delayed
effectiveness of this action. This action relies on the best available
science to set 2018 catch limits for 20 groundfish stocks and adopts
several other measures to improve the management of the groundfish
fishery. If the final rule is not effective on May 1, 2018, the Eastern
U.S./Canada Area would be closed, until this rule is effective, because
there are no default quotas specified for eastern GB Cod or eastern GB
haddock. Groundfish vessels would also be unable to benefit from the
increased quotas (particularly GOM cod, GOM haddock, Cape Cod/GOM
yellowtail flounder, and American plaice) for the first portion of the
fishing year, which occurs during the important summer fishing season.
To fully capture the conservation and economic benefits of Framework 57
and prevent the negative economic impacts that would result from the
closure of the Eastern U.S./Canada Area, it is necessary to waive the
30-day delayed effectiveness of this rule. In addition to potentially
preventing the fishery from fully benefitting from catch limit
increases, a delay could substantially disrupt business planning and
fishing practices that would also result in direct economic loss for
the groundfish fleet because of disruption to the fishery. Delaying
effectiveness this rule would undermine the intent of the rule to set
2018 catch limits using the best available science.
This rulemaking incorporates information from updated stock
assessments for the 20 groundfish stocks. The development of Framework
57 was timed to rely on the best available science by incorporating the
results of these assessments, the last of which was finalized in
December 2017. This required Council action and analysis that could not
be completed until January 2018, and an opportunity for public comment
on the proposed rule that did not close until April 6, 2018. The
regulatory changes resulting from this best available information are
regularly made in, and anticipated by, the fishery. Quotas for 11
stocks will increase with the implementation of this rule, which
notably includes a 41-percent increase for GOM cod and a 139-percent
increase for GB cod. In recent years, low quotas for these two key
groundfish stocks have constrained catch of other stocks because cod is
caught along with other stocks in this mixed fishery and fishing must
stop in an area when catch of any one stock reaches its quota. Delaying
the increases in the quotas would result in lost fishing opportunities
and constrain catch of all other stocks.
Failure to waive the 30-day delayed effectiveness would result in
no catch limits being specified for eastern GB cod and haddock, which
are jointly managed with Canada. Without an allocation for these
groundfish stocks, groundfish vessels would be unable to fish in the
Eastern U.S./Canada Management Area until this rule is effective. This
would result in direct economic losses for the groundfish fleet.
Delaying implementation of this rule would not only limit the benefits
of an increased quota in 2018, but cause vessels to miss part of the
summer season. The milder weather associated with the summer season is
important for offshore fishing trips to the Eastern U.S./Canada Area,
which extends out to 200 miles from shore. When the opening of the
Eastern Area was delayed until August during the 2017 fishing year,
vessels that normally fish in that area reported revenue losses of 50
percent. While the summer season is important to all vessels, it is
particularly important to the small groundfish vessels with the most
limited range and least sea-keeping ability because it is the season
when many stocks are available nearest to shore. For smaller vessels,
missing a month of the summer season could effectively curtail the
entirety of their groundfish season.
In addition to the catch limit increases, quotas for nine stocks
will decrease with implementation of this rule. These decreases range
from 7 percent to 75 percent. Delaying these reductions could lead to
catch at a rate that would result in an early closure, or quota
overages, once the reduced quotas are implemented. This would have
future negative economic impacts on the fishery. Further, delaying
required reductions in ACLs increases the likelihood of overages and
negative biological impacts to groundfish stocks, including many which
are overfished and subject to a rebuilding plan.
For the reasons laid out above, delaying the effectiveness past the
beginning of the fishing season on May 1, 2018, will result in a direct
economic loss for the groundfish fleet. The groundfish fishery already
faced substantial catch limit reductions for many key groundfish stocks
over the past 7 years. Any further disruption to the fishery would
diminish the benefits of these specifications and other approved
measures and create additional and unnecessary economic impacts and
confusion to the groundfish fishery. Delaying effectiveness may result
in the fishery not fully benefitting from the quota increases in this
final rule.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration, during the proposed rule stage, that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for this certification was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
[[Page 19002]]
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: April 26, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.14, revise paragraphs (k)(18) and (20) to read as
follows:
Sec. 648.14 Prohibitions.
* * * * *
(k) * * *
(18) Trimester TAC AM. It is unlawful for any person, including any
owner or operator of a vessel issued a valid Federal NE multispecies
permit or letter under Sec. 648.4(a)(1)(i), unless otherwise specified
in Sec. 648.17, to fish for, harvest, possess, or land regulated
species or ocean pout in or from the closed areas specified in Sec.
648.82(n)(2)(ii) once such areas are closed pursuant to Sec.
648.82(n)(2)(i).
* * * * *
(20) AMs for both stocks of windowpane flounder, ocean pout,
Atlantic halibut, and Atlantic wolffish. It is unlawful for any person,
including any owner or operator of a vessel issued a valid Federal NE
multispecies permit or letter under Sec. 648.4(a)(1)(i), unless
otherwise specified in Sec. 648.17, to fail to comply with the
restrictions on fishing and gear specified in Sec. 648.90(a)(5)(i)(D)
through (H).
* * * * *
0
3. In Sec. 648.82, revise paragraph (n)(2)(i) to read as follows:
Sec. 648.82 Effort-control program for NE multispecies limited access
vessels.
* * * * *
(n) * * *
(2) * * *
(i) Trimester TACs--(A) Trimester TAC distribution. With the
exception of SNE/MA winter flounder, any sub-ACLs specified for common
pool vessels pursuant to Sec. 648.90(a)(4) shall be apportioned into
4-month trimesters, beginning at the start of the fishing year (i.e.,
Trimester 1: May 1-August 31; Trimester 2: September 1-December 31;
Trimester 3: January 1-April 30), as follows:
Portion of Common Pool Sub-ACLs Apportioned to Each Stock for Each Trimester
----------------------------------------------------------------------------------------------------------------
Trimester 1 Trimester 2 Trimester 3
Stock (percent) (percent) (percent)
----------------------------------------------------------------------------------------------------------------
GB cod.......................................................... 28 34 38
GOM cod......................................................... 49 33 18
GB haddock...................................................... 27 33 40
GOM haddock..................................................... 27 26 47
GB yellowtail flounder.......................................... 19 30 51
SNE/MA yellowtail flounder...................................... 21 28 51
CC/GOM yellowtail flounder...................................... 57 26 17
American plaice................................................. 74 8 18
Witch flounder.................................................. 55 20 25
GB winter flounder.............................................. 8 24 68
GOM winter flounder............................................. 37 38 25
Redfish......................................................... 25 31 44
White hake...................................................... 38 31 31
Pollock......................................................... 28 35 37
----------------------------------------------------------------------------------------------------------------
(B) Trimester TAC adjustment. For stocks that have experienced
early closures (e.g., Trimester 1 or Trimester 2 closures), the
Regional Administrator may use the biennial adjustment process
specified in Sec. 648.90 to revise the distribution of trimester TACs
specified in paragraph (n)(2)(i)(A) of this section. Future adjustments
to the distribution of trimester TACs shall use catch data for the most
recent 5-year period prior to the reevaluation of trimester TACs.
* * * * *
0
4. In Sec. 648.89, add paragraph (g) to read as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(g) Regional Administrator authority for 2018 and 2019 Georges Bank
cod recreational measures. For the 2018 or 2019 fishing years, the
Regional Administrator, after consultation with the NEFMC, may adjust
recreational measures for Georges Bank cod to prevent the recreational
fishery from exceeding the annual catch target of 138 mt. Appropriate
measures, including adjustments to fishing seasons, minimum fish sizes,
or possession limits, may be implemented in a manner consistent with
the Administrative Procedure Act, with the final measures published in
the Federal Register prior to the start of the fishing year when
possible. Separate measures may be implemented for the private and
charter/party components of the recreational fishery. Measures in place
in fishing year 2019 will be in effect beginning in fishing year 2020,
and will remain in effect until they are changed by a Framework
Adjustment or Amendment to the FMP, or through an emergency action.
0
5. Section 648.90 is amended by:
0
a. Removing reserved paragraph (a)(5)(i)(E);
0
b. Redesignating paragraph (a)(5)(i)(D)(1) through (4) as paragraphs
(a)(5)(i)(E) through (H);
0
c. Revising newly redesignated paragraphs (a)(5)(i)(E) through (H); and
0
d. Adding paragraph (a)(5)(iv)(C).
The revisions and addition read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * * * *
(a) * * *
(5) * * *
(i) * * *
(E) Windowpane flounder. Unless otherwise specified in paragraphs
(a)(5)(i)(E)(5) and (6) 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)(E), by any amount greater than
the management uncertainty buffer, up to 20 percent
[[Page 19003]]
greater than the overall ACL, the applicable small AM area for the
stock shall be implemented, as specified in paragraph (a)(5)(i)(E) of
this section, consistent with the Administrative Procedure Act. If the
overall ACL is exceeded by more than 20 percent, the applicable large
AM area(s) for the stock shall be implemented, as specified in this
paragraph (a)(5)(i)(E), consistent with the Administrative Procedure
Act. 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).
(1) Multispecies Fishery. If an overage of the overall ACL for
southern windowpane flounder is a result of an overage of the sub-ACL
allocated to the multispecies fishery pursuant to paragraph
(a)(4)(iii)(H)(2) of this section, the applicable AM area(s) shall be
in effect year-round for any limited access NE multispecies permitted
vessel fishing on a NE multispecies DAS or sector trip.
(2) Exempted Fisheries. 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 triggered, the Southern Windowpane Flounder
Small AM Area will be implemented from September 1 through April 30;
the Southern Windowpane Flounder Large AM Areas 2 and 3 will be
implemented year-round.
(3) Combined Overage. If an overage of the overall ACL for southern
windowpane flounder is a result of overages of both the multispecies
fishery and exempted fishery sub-ACLs, the applicable AM area(s) shall
be in effect for both the multispecies fishery and exempted fisheries
as described in this paragraph (a)(5)(i)(E). 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 multispecies fishery
AM shall only be implemented if the sub-ACL allocated to the
multispecies 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.
(4) Windowpane AM Areas. The AM areas defined below are bounded by
the following coordinates, connected in the order listed by rhumb
lines, unless otherwise noted.
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
Northern Windowpane Flounder and Ocean Pout Small AM Area
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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 Large AM Area 1
------------------------------------------------------------------------
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
------------------------------------------------------------------------
1........................................... ([hairsp]\1\ 73[deg]30'
[hairsp])
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' ([hairsp]\2\
[hairsp])
6........................................... ([hairsp]\3\ 73[deg]58.5'
[hairsp])
7........................................... ([hairsp]\4\ 73[deg]58.5'
[hairsp])
8........................................... \5\ \5\
40[deg]32.6' 73[deg]56.4'
1........................................... ([hairsp]\1\ 73[deg]30'
[hairsp])
------------------------------------------------------------------------
Southern Windowpane Flounder Large AM Area 3
------------------------------------------------------------------------
1........................................... 41[deg]10' 71[deg]30'
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]30'
1........................................... 41[deg]10' 71[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.
(5) 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 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 applies to a limited
access NE multispecies permitted vessel fishing on a NE multispecies
DAS or sector trip, and to all vessels fishing with trawl gear with a
codend mesh size equal to or greater than 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).
(6) 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 applies to a limited access
NE multispecies permitted vessel fishing on a NE multispecies DAS or
sector trip, and to
[[Page 19004]]
all vessels fishing with trawl gear with a codend mesh size equal to or
greater than 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).
(F) Atlantic halibut. If NMFS determines the overall ACL for
Atlantic halibut is exceeded, as described in this paragraph
(a)(5)(i)(F), by any amount greater than the management uncertainty
buffer, the applicable AM areas shall be implemented and any vessel
issued a Federal permit for any fishery management plan may not fish
for, possess, or land Atlantic halibut for the fishing year in which
the AM is implemented, as specified in paragraph (a)(5)(i)(F) of this
section. Vessels issued only a charter/party permit, and/or an Atlantic
highly migratory species angling permit, and/or an Atlantic highly
migratory species charter/headboat permit are exempt from the AM. A
vessel issued a permit that is not exempt from the AM in addition to an
exempt permit may not fish for, possess, or land Atlantic halibut for
the fishing year in which the AM is implemented. If the overall ACL is
exceeded by more than 20 percent, the applicable AM area(s) for the
stock shall be implemented, as specified in paragraph (a)(5)(i)(F) of
this section, and the Council shall revisit the AM in a future action.
The AM areas defined below are bounded by the following coordinates,
connected in the order listed by rhumb lines, unless otherwise noted.
Any vessel issued a limited access NE multispecies permit and fishing
with trawl gear in the Atlantic Halibut Trawl Gear AM Area may only use
a haddock separator trawl, as specified in Sec. 648.85(a)(3)(iii)(A);
a Ruhle trawl, as specified in Sec. 648.85(b)(6)(iv)(J)(3); a rope
separator trawl, as specified in Sec. 648.84(e); or any other gear
approved consistent with the process defined in Sec. 648.85(b)(6);
except that selective trawl gear is not required in the portion of the
Trawl Gear AM Area between 41 degrees 40 minutes and 42 degrees from
April 1 through July 31. When in effect, a limited access NE
multispecies permitted vessel with gillnet gear may not fish or be in
the Atlantic Halibut Fixed Gear AM Area from March 1 through October
31, unless transiting with its gear stowed and not available for
immediate use as defined in Sec. 648.2, or such gear was approved
consistent with the process defined in Sec. 648.85(b)(6). If a sub-ACL
for Atlantic halibut is allocated to another fishery, consistent with
the process specified at Sec. 648.90(a)(4), and there are AMs for that
fishery, the multispecies fishery AM shall only be implemented if the
sub-ACL allocated to the multispecies fishery is exceeded (i.e., the
sector and common pool catch for a particular stock, including the
common pool's share of any overage of the overall ACL caused by
excessive catch by other sub-components of the fishery pursuant to
Sec. 648.90(a)(5), exceeds the common pool sub-ACL) and the overall
ACL is also exceeded.
Atlantic Halibut Trawl Gear AM Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
1........................................... 42[deg]00' 69[deg]20'
2........................................... 42[deg]00' 68[deg]20'
3........................................... 41[deg]30' 68[deg]20'
4........................................... 41[deg]30' 69[deg]20'
------------------------------------------------------------------------
Atlantic Halibut Gillnet Gear AM Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
1........................................... 43[deg]10' 69[deg]40'
2........................................... 43[deg]10' 69[deg]30'
3........................................... 43[deg]00' 69[deg]30'
4........................................... 43[deg]00' 69[deg]40'
------------------------------------------------------------------------
(G) Atlantic wolffish. If NMFS determines the overall ACL for
Atlantic wolffish is exceeded, as described in this paragraph
(a)(5)(i)(G), by any amount greater than the management uncertainty
buffer, the applicable AM areas shall be implemented, as specified in
this paragraph (a)(5)(i)(G). If the overall ACL is exceeded by more
than 20 percent, the applicable AM area(s) for the stock shall be
implemented, as specified in this paragraph (a)(5)(i)(G), and the
Council shall revisit the AM in a future action. The AM areas defined
below are bounded by the following coordinates, connected in the order
listed by rhumb lines, unless otherwise noted. Any vessel issued a
limited access NE multispecies permit and fishing with trawl gear in
the Atlantic Wolffish Trawl Gear AM Area may only use a haddock
separator trawl, as specified in Sec. 648.85(a)(3)(iii)(A); a Ruhle
trawl, as specified in Sec. 648.85(b)(6)(iv)(J)(3); a rope separator
trawl, as specified in Sec. 648.84(e); or any other gear approved
consistent with the process defined in Sec. 648.85(b)(6). When in
effect, a limited access NE multispecies permitted vessel with gillnet
or longline gear may not fish or be in the Atlantic Wolffish Fixed Gear
AM Areas, unless transiting with its gear stowed and not available for
immediate use as defined in Sec. 648.2, or such gear was approved
consistent with the process defined in Sec. 648.85(b)(6). If a sub-ACL
for Atlantic wolffish is allocated to another fishery, consistent with
the process specified at Sec. 648.90(a)(4), and AMs are developed for
that fishery, the multispecies fishery AM shall only be implemented if
the sub-ACL allocated to the multispecies fishery is exceeded (i.e.,
the sector and common pool catch for a particular stock, including the
common pool's share of any overage of the overall ACL caused by
excessive catch by other sub-components of the fishery pursuant to
Sec. 648.90(a)(5), exceeds the common pool sub-ACL) and the overall
ACL is also exceeded.
Atlantic Wolffish Trawl Gear AM Area
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
1........................................... 42[deg]30' 70[deg]30'
2........................................... 42[deg]30' 70[deg]15'
3........................................... 42[deg]15' 70[deg]15'
4........................................... 42[deg]15' 70[deg]10'
5........................................... 42[deg]10' 70[deg]10'
6........................................... 42[deg]10' 70[deg]20'
7........................................... 42[deg]20' 70[deg]20'
8........................................... 42[deg]20' 70[deg]30'
------------------------------------------------------------------------
Atlantic Wolffish Fixed Gear AM Area 1
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
1........................................... 41[deg]40' 69[deg]40'
2........................................... 41[deg]40' 69[deg]30'
3........................................... 41[deg]30' 69[deg]30'
4........................................... 41[deg]30' 69[deg]40'
------------------------------------------------------------------------
Atlantic Wolffish Fixed Gear AM Area 2
------------------------------------------------------------------------
Point N latitude W longitude
------------------------------------------------------------------------
1........................................... 42[deg]30' 70[deg]20'
2........................................... 42[deg]30' 70[deg]15'
3........................................... 42[deg]20' 70[deg]15'
4........................................... 42[deg]20' 70[deg]20'
------------------------------------------------------------------------
(H) Ocean pout. Unless otherwise specified in paragraphs
(a)(5)(i)(E)(5) and (6) of this section, if NMFS determines the total
catch exceeds the overall ACL for ocean pout, as described in paragraph
(a)(5)(i)(E) 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)(E) 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
[[Page 19005]]
implemented, as specified in paragraph (a)(5)(i)(E) of this section,
consistent with the Administrative Procedure Act. The AM areas for
ocean pout are defined in paragraph (a)(5)(i)(E)(4) 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 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) * * *
(C) 2018 fishing year threshold for implementing the Atlantic sea
scallop fishery AM for SNE/MA yellowtail flounder. For the 2018 fishing
year, if the scallop fishery catch exceeds its SNE/MA yellowtail
flounder sub-ACL 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. Beginning in fishing year 2019,
the threshold for implementing scallop fishery AMs for SNE/MA
yellowtail flounder listed in paragraph (a)(5)(iv)(A) of this section
will be in effect.
* * * * *
[FR Doc. 2018-09148 Filed 4-30-18; 8:45 am]
BILLING CODE 3510-22-P
