Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 61, 33191-33205 [2021-13410]
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Endangered Species Act. We published
a notice outlining our reasons for this
determination in the Federal Register
on October 25, 1983 (48 FR 49244).
Government-to-Government
Relationship With Tribes
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951), Executive
Order 13175, and the Department of the
Interior’s manual at 512 DM 2, we
readily acknowledge our responsibility
to communicate meaningfully with
recognized Federal Tribes on a
government-to-government basis. In
accordance with Secretarial Order 3206
of June 5, 1997 (American Indian Tribal
Rights, Federal-Tribal Trust
Responsibilities, and the Endangered
Species Act), we readily acknowledge
our responsibilities to work directly
with Tribes in developing programs for
healthy ecosystems, to acknowledge that
Tribal lands are not subject to the same
controls as Federal public lands, to
remain sensitive to Indian culture, and
to make information available to Tribes.
There are no Tribal interests affected by
this proposal.
References Cited
A complete list of references cited is
available on the internet at https://
www.regulations.gov under Docket
Number FWS–R4–ES–2019–0071.
Authors
The primary authors of this proposed
rule are staff members of the Service’s
Southeastern Region Recovery Team
and the North Florida Ecological
Services Field Office.
List of Subjects in 50 CFR Part 17
Endangered and threatened species,
Exports, Imports, Reporting and
recordkeeping requirements,
Transportation.
Proposed Regulation Promulgation
Accordingly, we propose to amend
part 17, subchapter B of chapter I, title
50 of the Code of Federal Regulations,
as set forth below:
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PART 17—ENDANGERED AND
THREATENED WILDLIFE AND PLANTS
1. The authority citation for part 17
continues to read as follows:
■
Authority: 16 U.S.C. 1361–1407; 1531–
1544; and 4201–4245, unless otherwise
noted.
§ 17.12
[Amended]
2. Amend § 17.12(h) by removing the
entry for ‘‘Chrysopsis floridana’’ under
■
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‘‘Flowering Plants’’ on the List of
Endangered and Threatened Plants.
Martha Williams,
Principal Deputy Director, Exercising the
Delegated Authority of the Director, U.S. Fish
and Wildlife Service.
[FR Doc. 2021–12741 Filed 6–23–21; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 210617–0133]
RIN 0648–BK24
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Multispecies Fishery; Framework
Adjustment 61
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This action proposes to
approve and implement Framework
Adjustment 61 to the Northeast
Multispecies Fishery Management Plan.
This rule would revise the status
determination criteria for Georges Bank
and Southern New England-Mid
Atlantic winter flounder, implement a
revised rebuilding plan for white hake,
set or adjust catch limits for 17 of the
20 multispecies (groundfish) stocks, and
implement a universal exemption for
sectors to target Acadian redfish. This
action is necessary to respond to
updated scientific information and to
achieve the goals and objectives of the
fishery management plan. The proposed
measures are intended to help prevent
overfishing, rebuild overfished stocks,
achieve optimum yield, and ensure that
management measures are based on the
best scientific information available.
DATES: Comments must be received by
July 9, 2021.
ADDRESSES: You may submit comments,
identified by NOAA–NMFS–2021–0061
by the following method:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov and enter NOAA–
NMFS–2021–0061 in the Search box.
Click on the ‘‘Comment’’ icon, complete
the required fields, and enter or attach
your comments.
SUMMARY:
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33191
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by us. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. We will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous).
Copies of Framework Adjustment 61,
including the draft 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.
Liz
Sullivan, Fishery Policy Analyst, phone:
978–282–8493; email: Liz.Sullivan@
noaa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Summary of Proposed Measures
2. Status Determination Criteria
3. Rebuilding Plan for White Hake
4. Fishing Year 2021 Shared U.S./
Canada Quotas
5. Catch Limits for Fishing Years 2021–
2023
6. Universal Sector Exemption for
Acadian Redfish (redfish)
1. Summary of Proposed Measures
This action would implement the
management measures in Framework
Adjustment 61 to the Northeast
Multispecies Fishery Management Plan
(FMP). The New England Fishery
Management Council reviewed the
proposed regulations and deemed them
consistent with, and necessary to
implement, Framework 61 in a June 10,
2021, letter from Council Chairman Dr.
John Quinn to Regional Administrator
Michael Pentony. Under the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act), we are required to publish
proposed rules for comment after
determining whether they are consistent
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules
with applicable law. The MagnusonStevens Act allows us to approve,
partially approve, or disapprove
measures that the Council proposes
based only on whether the measures are
consistent with the fishery management
plan, plan amendment, the MagnusonStevens Act and its National Standards,
and other applicable law. Otherwise, we
must defer to the Council’s policy
choices. We are seeking comments on
the Council’s proposed measures in
Framework 61. Through Framework 61,
the Council proposes to:
• Revise the status determination
criteria (SDC) for Georges Bank (GB) and
Southern New England/Mid-Atlantic
(SNE/MA) winter flounder and provide
the numeric estimates of the SDCs for
these stocks, based on the peer review
recommendations;
• Implement a revised rebuilding
plan for white hake;
• Set fishing year 2021 shared U.S./
Canada quotas for GB yellowtail
flounder and eastern GB cod and
haddock;
• Set 2021–2023 specifications,
including catch limits, for nine
groundfish stocks and adjust 2021–2022
allocations for seven other groundfish
stocks; and
• Implement a universal exemption
for sectors to target redfish.
2. Status Determination Criteria
The Northeast Fishery Science Center
conducted management track stock
assessment updates in 2020 for nine
groundfish stocks. This action proposes
to revise SDCs for GB and SNE/MA
winter flounder, and provide updated
numerical estimates of these criteria, in
order to incorporate the results of the
2020 stock assessments and based on
the peer review recommendations from
the 2020 stock assessments. Table 1
provides the proposed revisions to the
SDCs for GB and SNE/MA winter
flounder, and Table 2 provides the
resulting numerical estimates of the
SDCs.
For GB winter flounder, the
assessment and the peer review
recommended changing the current
maximum sustainable yield (MSY)
biological reference points (calculated
from the stock-recruitment relationship)
to proxy-based biological reference
points (F–40 percent, SSB–40 percent)
as recommended by the panel review in
the 2019 assessment. Similarly, for SNE/
MA winter flounder, the assessment and
the peer review recommended changing
the MSY biological reference points
calculated in previous assessments
(based on the stock-recruitment
relationship) to proxy-based biological
reference points (F–40 percent, SSB–40
percent), due to the Council’s Scientific
and Statistical Committee’s (SSC)
concerns with recent recruitment being
estimated below predicted values from
the stock recruitment relationship, and
from recommendations by the 2018 peer
review panel in considering an F–40
proxy. This addressed a concern that the
estimate of FMSY from the stock
recruitment relationship could be too
high relative to the estimate of F–40
percent. A stock assessment model
change in the assumption for the
estimated fishery selectivity pattern
(i.e., assumptions of ages that are subject
to fishing) also contributed to a change
in the numeric estimates of the SDCs for
SNE/MA winter flounder. The
assumption on selectivity in the stock
assessment model changed from a
dome-shaped fishery selectivity pattern
(i.e., a pattern that assumes that the
largest or oldest members of a
demographic group are not fully
vulnerable to fishing) to a flat-topped
fishery selectivity pattern (i.e., a pattern
in which the older age groups are fully
vulnerable and susceptible to fishing).
Fishing mortality rates and their
corresponding overfishing rates (FMSY)
are not comparable across models when
large changes in the selectivity pattern
have occurred.
TABLE 1—PROPOSED STATUS DETERMINATION CRITERIA
Minimum
biomass
threshold
Biomass target
(SSBMSY or proxy)
Stock
GB Winter Flounder:
Current SDC ................................................
Proposed SDC .............................................
SNE/MA Winter Flounder:
Current SDC ................................................
Proposed SDC .............................................
SSBMSY ...............................................................
SSBMSY: SSB/R (40 percent MSP) ....................
12
SSBMSY ...............................................................
SSBMSY: SSB/R (40 percent MSP) ....................
12
Maximum fishing
mortality threshold
(FMSY or proxy)
⁄ Btarget .........
⁄ Btarget .........
FMSY
F–40 percent of MSPP
⁄ Btarget .........
⁄ Btarget .........
FMSY
F–40 percent of MSP
12
12
SSB = spawning stock biomass; MSY = maximum sustainable yield; Btarget = target biomass; F = fishing mortality; SSB/R = spawning stock
biomass per recruit; MSP = maximum spawning potential.
TABLE 2—NUMERICAL ESTIMATES OF STATUS DETERMINATION CRITERIA
Model/approach
BMSY or proxy
(mt)
FMSY or proxy
VPA ...................................
VPA ...................................
7,394 .................................
7,267 .................................
0.358 .................................
0.358 .................................
2,612
2,573
ASAP .................................
ASAP .................................
31,567 ...............................
12,322 ...............................
0.260 .................................
0.284 .................................
9,102
3,906
Stock
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GB Winter Flounder:
Using current SDC .....
Using proposed SDC
SNE/MA Winter Flounder:
Using current SDC .....
Using proposed SDC
3. Rebuilding Plan for White Hake
Framework 61 would revise the
rebuilding plan for white hake. The
current rebuilding plan for white hake,
as implemented by Amendment 13,
ended in 2014. In 2015, the stock
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assessment update indicated that the
stock was making adequate rebuilding
progress, and in 2017, the Regional
Administrator advised the Council to
continue to set catch limits to maintain
fishing mortality (F) at 75 percent of F
at maximum sustainable yield until the
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MSY
(mt)
stock was rebuilt. However, the 2019
stock assessment update indicated that
the spawning stock biomass of white
hake dropped to 49.9 percent of BMSY,
and while this was only 23 mt below the
threshold, the stock had become
overfished. On March 5, 2020, the
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Regional Administrator notified the
Council of the overfished status and
that, given that the rebuilding plan’s
target date had passed, a new rebuilding
plan was required. The deadline to
implement a rebuilding plan is March 5,
2022.
The Magnuson-Stevens Act requires
that overfished stocks be rebuilt as
quickly as possible, not to exceed 10
years when biologically possible,
accounting for the status and biology of
the stocks, the needs of fishing
communities, and the interaction of the
overfished stock within the marine
ecosystem. Rebuilding plans must have
at least a 50-percent probability of
success. Selection of a rebuilding plan
with a higher probability of success is
one way of addressing uncertainty, but
this does not affect the standard used in
the future to determine whether a stock
is rebuilt. The minimum rebuilding time
(Tmin) is the amount of time a stock is
expected to take to rebuild to the
biomass (B) associated with maximum
sustainable yield (MSY) in the absence
of any fishing mortality (F). The actual
timeline set with a rebuilding plan
(Ttarget) may be greater than Tmin, but
cannot exceed the maximum rebuilding
time (Tmax). Tmax is 10 years if Tmin is
less than 10 years. In situations where
Tmin exceeds 10 years, Tmax establishes
a maximum time for rebuilding that is
linked to the biology of the stock.
The white hake rebuilding program
proposed in this action would rebuild
the stock within 10 years, or by 2031,
which is the maximum time period
allowed by the Magnuson-Stevens Act.
While projections suggest the stock
could rebuild in 4 years at an F of zero,
this does not account for the white
hake’s stock status, the needs of fishing
communities, or the interaction of white
hake with other multispecies in the
groundfish fishery. Additional factors
regarding biology and fishery needs
were considered by the Council in
setting Ttarget = Tmax. First, recent
recruitment estimates for this stock have
been below average, and recruitment
may not increase suddenly to the
average values, which make the Tmin
projections (4 years at F = 0) likely to
be overly optimistic. Long-term
projections for many groundfish stocks
have tended to be overly optimistic,
such that future levels of biomass are
overestimated and fishing mortality is
underestimated. Additionally, recent
commercial utilization of the white hake
annual catch limit (ACL) is high,
indicating that the stock is an important
component of the fishing industry; a
longer rebuilding period considers the
needs of the fishing communities as
much as practicable. The proposed
rebuilding plan for white hake would
set Frebuild at 70 percent of FMSY with an
87-percent probability of achieving
BMSY.
4. Fishing Year 2021 Shared U.S./
Canada Quotas
Management of Transboundary Georges
Bank Stocks
Eastern GB cod, eastern GB haddock,
and GB yellowtail flounder are jointly
managed with Canada under the United
States/Canada Resource Sharing
Understanding. The Transboundary
Management Guidance Committee
(TMGC) is a government-industry
committee made up of representatives
from the United States and Canada. For
historical information about the TMGC
see: https://www.bio.gc.ca/info/intercol/
tmgc-cogst/index-en.php. Each year, the
TMGC recommends a shared quota for
each stock based on the most recent
stock information and the TMGC’s
harvest strategy. The TMGC’s harvest
strategy for setting catch levels is to
maintain a low to neutral risk (less than
50 percent) of exceeding the fishing
mortality limit for each stock. The
harvest strategy also specifies that when
stock conditions are poor, fishing
33193
mortality should be further reduced to
promote stock rebuilding. The shared
quotas are allocated between the United
States and Canada based on a formula
that considers historical catch (10percent weighting) and the current
resource distribution (90-percent
weighting).
For GB yellowtail flounder, the
Council’s Scientific and Statistical
Committee (SSC) also recommends an
acceptable biological catch (ABC) for the
stock. The ABC is typically used to
inform the U.S. TMGC’s discussions
with Canada for the annual shared
quota. Although the stock is jointly
managed with Canada, and the TMGC
recommends annual shared quotas, the
Council may not set catch limits that
would exceed the SSC’s
recommendation. The SSC does not
recommend ABCs for eastern GB cod
and haddock because they are
management units of the total GB cod
and haddock stocks. The SSC
recommends overall ABCs for the total
GB cod and haddock stocks. The shared
U.S./Canada quota for eastern GB cod
and haddock is included in these
overall ABCs, and must be consistent
with the SSC’s recommendation for the
total GB stocks.
2021 U.S./Canada Quotas
The Transboundary Resources
Assessment Committee conducted
assessments for the three transboundary
stocks in July 2020, and detailed
summaries of these assessments can be
found at: https://www.nefsc.noaa.gov/
assessments/trac/. The TMGC met in
September 2020 to recommend shared
quotas for 2021 based on the updated
assessments, and the Council adopted
the TMGC’s recommendations in
Framework 61. The proposed 2021
shared U.S./Canada quotas, and each
country’s allocation, are listed in Table
3.
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TABLE 3—PROPOSED 2021 FISHING YEAR U.S./CANADA QUOTAS (mt, live weight) AND PERCENT OF QUOTA ALLOCATED
TO EACH COUNTRY
Quota
Eastern GB cod
Eastern GB haddock
Total Shared Quota .......................
U.S. Quota .....................................
Canadian Quota .............................
635 ................................................
190.5 (30 percent) ........................
444.5 (70 percent) ........................
14,100 ...........................................
6,486 (46 percent) ........................
7,614 (54 percent) ........................
The proposed 2021 U.S. quota for
eastern GB cod would represent a 1.1percent increase compared to 2020; the
proposed 2021 U.S. quota for eastern GB
haddock and GB yellowtail flounder
would represent 60-percent and 33percent decreases, respectively,
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compared to 2020. The quota increase
for eastern GB cod is due to a slight
increase (1 percent) in the portion of the
shared quota that is allocated to the
United States, despite a small decrease
in the total shared quota. The decreases
for eastern GB haddock and GB
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GB yellowtail flounder
125.
80 64 percent).
45 (36 percent).
yellowtail flounder are both due to a
decrease in total shared quota and the
portion of the shared quota that is
allocated to the United States. For a
more detailed discussion of the TMGC’s
2021 catch advice, see the TMGC’s
guidance document that will be posted
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules
at: https://www.greateratlantic.fisheries.
noaa.gov/. The 2021 U.S. quotas for
eastern GB cod, eastern GB haddock,
and GB yellowtail that are proposed in
Framework Adjustment 61, if approved,
will replace the 2021 quotas previously
specified for these stocks (86 FR 22898;
April 30, 2021). This is discussed
further in Section 5, Catch Limits for the
2021–2023 Fishing Years.
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 2020 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 2021 fishing year in a future
management action, as close to May 1,
2021, as possible. If any fishery that is
allocated a portion of the U.S. quota
exceeds its allocation and causes an
overage of the overall U.S. quota, the
overage reduction would be applied
only 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.
5. Catch Limits for Fishing Years 2021–
2023
Summary of the Proposed Catch Limits
Tables 4 through 13 show the
proposed catch limits for the 2021–2023
fishing years. A brief summary of how
these catch limits were developed is
provided below. More details on the
proposed catch limits for each
groundfish stock can be found in
Appendix II (Calculation of Northeast
Multispecies Annual Catch Limits, FY
2021–FY 2023) to the Framework 61
Environmental Assessment (see
ADDRESSES for information on how to
get this document).
Through Framework 61, the Council
proposes to adopt catch limits for nine
groundfish stocks for the 2021–2023
fishing years based on stock assessments
completed in 2020, and fishing year
2021–2022 specifications for GB
yellowtail flounder. Framework 59 (85
FR 45794; July 30, 2020) previously set
2021–2022 quotas for the 10 groundfish
stocks not assessed in 2020, based on
assessments conducted in 2019. This
action would include minor
adjustments for seven of these stocks for
fishing years 2021–2022. Table 4
provides an overview of which catch
limits, if any, would change, as
proposed in Framework 61, as well as
when the stock was most recently
assessed. Table 5 provides the percent
change in the 2021 catch limit
compared to the 2020 fishing year.
Because Framework 61 is not in place
in time for the May 1 start to the fishing
year, the fishing year 2021 quotas
previously set by Framework 59 are in
effect from May 1, 2021, through April
30, 2022, unless and until replaced by
the quotas proposed in this action.
However, Framework 59 did not set
2021 quotas for GOM winter flounder,
SNE/MA winter flounder, redfish, ocean
pout, Atlantic wolffish, and the eastern
portion of the GB cod and haddock
stocks. A default quota for these stocks
required by current regulations will be
in effect from May 1, 2021, through July
31, 2021, unless and until replaced by
the quotas proposed in Framework 61
(see 86 FR 22898; April 30, 2021 for
more information).
TABLE 4—CHANGES TO CATCH LIMITS, AS PROPOSED IN FRAMEWORK 61
Most recent
assessment
Stock
GB Cod .......................................................................................
GOM Cod ....................................................................................
GB Haddock ................................................................................
GOM Haddock ............................................................................
GB Yellowtail Flounder ...............................................................
SNE/MA Yellowtail Flounder .......................................................
CC/GOM Yellowtail Flounder ......................................................
American Plaice ..........................................................................
Witch Flounder ............................................................................
GB Winter Flounder ....................................................................
GOM Winter Flounder .................................................................
SNE/MA Winter Flounder ...........................................................
Redfish ........................................................................................
White Hake .................................................................................
Pollock .........................................................................................
N Windowpane Flounder ............................................................
S Windowpane Flounder ............................................................
Ocean Pout .................................................................................
Atlantic Halibut ............................................................................
Atlantic Wolffish ..........................................................................
2019
2019
2019
2019
2020
2019
2019
2019
2019
2020
2020
2020
2020
2019
2019
2020
2020
2020
2020
2020
Proposed change in Framework 61
New 2021–2022 U.S. ABC. Adjust sub-components.*
Adjust sub-components.*
New 2021–2022 U.S. ABC.
No change: 2021–2022 catch limits set by Framework 59.
New 2021–2022 ABC.
Adjust sub-components.*
Adjust sub-components.*
No change: 2021–2022 catch limits set by Framework 59.
Adjust sub-components.*
New 2021–2023 ABC.
New 2021–2023 ABC.
New 2021–2023 ABC.
New 2021–2023 ABC.
Adjust sub-components.*
No change: 2021–2022 catch limits set by Framework 59.
New 2021–2023 ABC.
New 2021–2023 ABC.
New 2021–2023 ABC.
New 2021–2023 ABC.
New 2021–2023 ABC.
N = Northern; S = Southern; * Adjustments to sub-components to the ACL result in an adjustment to the sub-ACLs for fisheries, including
groundfish, as described in the Annual Catch Limits section below.
TABLE 5—PROPOSED FISHING YEARS 2021–2023 OVERFISHING LIMITS AND ACCEPTABLE BIOLOGICAL CATCHES
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[mt, live weight]
2021
U.S. ABC
Percent
change from
2020
1,308
552
82,723
16,794
80
1
0
¥37
¥15
¥33
Stock
OFL
GB Cod ..........................................................................
GOM Cod .......................................................................
GB Haddock ...................................................................
GOM Haddock ...............................................................
GB Yellowtail Flounder ..................................................
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929
116,883
21,521
UNK
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2022
OFL
U.S. ABC
UNK
1,150
114,925
14,834
UNK
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2023
24JNP1
1,308
552
81,242
11,526
80
OFL
U.S. ABC
................
................
................
................
................
................
................
................
................
................
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules
TABLE 5—PROPOSED FISHING YEARS 2021–2023 OVERFISHING LIMITS AND ACCEPTABLE BIOLOGICAL CATCHES—
Continued
[mt, live weight]
2021
U.S. ABC
Percent
change from
2020
22
823
2,881
1,483
608
497
456
10,186
2,147
22,062
160
384
87
101
92
0
0
¥9
0
8
11
¥37
¥15
0
¥20
171
¥10
¥31
¥5
2
Stock
OFL
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* ............................................................
71
1,076
3,740
UNK
865
662
1,438
13,519
2,906
28,475
UNK
513
125
UNK
122
2022
OFL
2023
U.S. ABC
184
1,116
3,687
UNK
974
662
1,438
13,354
2,986
21,744
UNK
513
125
UNK
122
22
823
2,825
1,483
608
497
456
10,062
2,147
16,812
160
384
87
101
92
OFL
U.S. ABC
................
................
................
................
1,431
662
1,438
13,229
................
................
UNK
513
125
UNK
122
................
................
................
................
608
497
456
9,967
................
................
160
384
87
101
92
khammond on DSKJM1Z7X2PROD with PROPOSALS
UNK = Unknown.
Note: An empty cell indicates no OFL/ABC is adopted for that year. These catch limits would be set in a future action.
Overfishing Limits and Acceptable
Biological Catches
The overfishing limit (OFL) is
calculated to set the maximum amount
of fish that can be caught in a year,
without constituting overfishing. The
ABC is typically set lower than the OFL
to account for scientific uncertainty. For
GB cod, GB haddock, and GB yellowtail
flounder, the total ABC is reduced by
the amount of the Canadian quota (see
Table 3 for the Canadian and U.S. shares
of these stocks). Although the TMGC
recommendations were only for fishing
year 2021, the portion of the shared
quota allocated to Canada in fishing
year 2021 was used to project U.S. ABCs
for GB yellowtail for 2022 and for GB
cod and haddock for 2022 and 2023.
This avoids artificially inflating the U.S.
ABC up to the total ABC for the 2022
and 2023 fishing years. The TMGC will
make new recommendations for 2022,
which would replace any quotas for
these stocks set in this action.
Additionally, although GB winter
flounder, white hake, and Atlantic
halibut are not jointly managed with
Canada, there is some Canadian catch of
these stocks. Because the total ABC
must account for all sources of fishing
mortality, expected Canadian catch of
GB winter flounder (26 mt), white hake
(39 mt), and Atlantic halibut (49 mt) is
deducted from the total ABC. The U.S.
ABC is the amount available to the U.S.
fishery after accounting for Canadian
catch (see Table 5). For stocks without
Canadian catch, the U.S. ABC is equal
to the total ABC.
The OFLs are currently unknown for
GB cod, GB yellowtail flounder, witch
flounder, and Atlantic halibut. For 2021,
VerDate Sep<11>2014
16:34 Jun 23, 2021
Jkt 253001
the SSC recommended maintaining the
unknown OFL for GB yellowtail
flounder and Atlantic halibut, as well as
setting the OFL for northern
windowpane flounder as unknown. The
OFLs for GB cod and witch flounder
were set by Framework 59. Empirical
stock assessments are used for these five
stocks, and these assessments can no
longer provide quantitative estimates of
the status determination criteria, nor
were appropriate proxies for stock status
determination able to be developed. In
the temporary absence of an OFL, in this
and previous actions, we have
considered recent catch data and
estimated trends in stock biomass as an
indication that the catch limits derived
from ABCs are sufficiently managing
fishing mortality at a rate that is
preventing overfishing. For GB
yellowtail flounder, the SSC noted that
the fishery does not appear to be the
main driver limiting stock recovery.
However, the continued low stock
biomass and poor recruitment for this
stock warrant the maintenance of low
catch levels. The 2020 assessment for
northern windowpane used an
empirical method to estimate swept-area
biomass and annual relative
exploitation rates, and generally showed
a lack of decline over the past decade
and a declining relative exploitation
rate. There are indications that
abundance of Atlantic halibut has
increased significantly over the last
decade, and although the SSC noted that
catch is increasing, it supported the
continued use of the method used to
provide catch advice since 2018. Based
on these considerations, we have
preliminarily determined that these
PO 00000
Frm 00049
Fmt 4702
Sfmt 4702
ABCs are a sufficient limit for
preventing overfishing and are
consistent with the National Standards.
This action does not propose any
changes to the status determination
criteria for these stocks.
Annual Catch Limits
Development of Annual Catch Limits
The U.S. ABC for each stock is
divided among the various fishery
components to account for all sources of
fishing mortality. An estimate of catch
expected from state waters and the other
sub-component (e.g., non-groundfish
fisheries or some recreational
groundfish fisheries) is deducted from
the U.S. ABC. The remaining portion of
the U.S. ABC is distributed to the
fishery components that receive an
allocation for the stock. Components of
the fishery that receive an allocation
have a sub-ACL set by reducing their
portion of the ABC to account for
management uncertainty and are subject
to AMs if they exceed their respective
catch limit during the fishing year. For
GOM cod and haddock only, the U.S.
ABC is first divided between the
commercial and recreational fisheries,
before being further divided into subcomponent and sub-ACLs. This process
is described fully in Appendix II of the
Framework 61 Environmental
Assessment.
Sector and Common Pool Allocations
For stocks allocated to sectors, the
commercial groundfish sub-ACL is
further divided into the non-sector
(common pool) sub-ACL and the sector
sub-ACL, based on the total vessel
enrollment in sectors and the
E:\FR\FM\24JNP1.SGM
24JNP1
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules
cumulative potential sector
contributions (PSC) associated with
those sectors. The sector and common
pool sub-ACLs proposed in this action
are based on final fishing year 2021
sector rosters. All permits enrolled in a
sector, and the vessels associated with
those permits, had until April 30, 2021,
to withdraw from a sector and fish in
the common pool for the 2021 fishing
year. In addition to the enrollment
delay, all permits that changed
ownership after the roster deadline were
able to join a sector (or change sector)
through April 30, 2021.
Common Pool Total Allowable Catches
The common pool sub-ACL for each
allocated stock (except for SNE/MA
winter flounder) is further divided into
trimester TACs. Table 9 summarizes the
common pool trimester TACs proposed
in this action.
Incidental catch TACs are also
specified for certain stocks of concern
(i.e., stocks that are overfished or subject
to overfishing) for common pool vessels
fishing in the special management
programs (i.e., special access programs
(SAP) and the Regular B Days-at-Sea
(DAS) Program), in order to limit the
catch of these stocks under each
program. Tables 10 through 13
summarize the proposed Incidental
Catch TACs for each stock and the
distribution of these TACs to each
special management program.
Default Catch Limits for Future Fishing
Years
Framework 53 established a
mechanism for setting default catch
limits in the event a future management
action is delayed. If final catch limits
have not been implemented by the start
of a fishing year on May 1, then default
catch limits are set at 35 percent of the
previous year’s catch limit. The default
catch limits are effective until July 31 of
that fishing year, or when replaced by
new catch limits, whichever happens
first. If the default value is higher than
the Council’s recommended catch limit
for the upcoming fishing year, the
default catch limits will be equal to the
Council’s recommended catch limits for
the applicable stocks for the upcoming
fishing year. Because most groundfish
vessels are not able to fish if final catch
limits have not been implemented, this
measure was established to allow
fishing to continue for a short-interim
period to minimize disruption to the
groundfish fishery. Additional
description of the default catch limit
mechanism is provided in the preamble
to the Framework 53 final rule (80 FR
25110; May 1, 2015).
TABLE 6—PROPOSED CATCH LIMITS FOR THE 2021 FISHING YEAR
[mt, live weight]
Stock
GB Cod ...................
GOM Cod ................
GB Haddock ............
GOM Haddock ........
GB Yellowtail Flounder ........................
SNE/MA Yellowtail
Flounder ...............
CC/GOM Yellowtail
Flounder ...............
American Plaice ......
Witch Flounder ........
GB Winter Flounder
GOM Winter Flounder ........................
SNE/MA Winter
Flounder ...............
Redfish ....................
White Hake ..............
Pollock .....................
N Windowpane
Flounder ...............
S Windowpane
Flounder ...............
Ocean Pout .............
Atlantic Halibut ........
Atlantic Wolffish .......
Total ACL
Groundfish
sub-ACL
Sector
sub-ACL
Common
pool
sub-ACL
Recreational
sub-ACL
Midwater
trawl
fishery
Scallop
fishery
Smallmesh
fisheries
State waters
sub-component
Other
sub-component
A to H
A+B+C
A
B
C
D
E
F
G
H
1,250
523
78,574
15,843
1,093
463
76,622
15,575
1,045
262
74,096
10,023
48
8.2
2,526
258
........................
193
........................
5,295
................
................
1,539
156
................
................
................
................
..................
..................
..................
..................
20
48
0
56
137
12
414
56
78
64
59
5.1
........................
................
12
1.5
0.0
0.0
21
16
12
3.6
........................
................
2.0
..................
0.2
3.3
787
2,740
1,414
591
692
2,682
1,317
563
651
2,592
1,273
517
41
90
44
47
........................
........................
........................
........................
................
................
................
................
................
................
................
................
..................
..................
..................
..................
58
29
44
0
37
29
52
27
482
281
267
14
........................
................
................
..................
194
7.5
441
9,677
2,041
21,086
288
9,677
2,019
18,549
247
9,537
1,994
18,355
41
139
25
193
........................
........................
........................
........................
................
................
................
................
................
................
................
................
..................
..................
..................
..................
21
0
11
1,434
132
0
11
1,103
150
108
na
108
........................
................
31
..................
0.8
10
371
83
97
86
43
50
73
86
na
na
na
na
43
50
73
86
........................
........................
........................
........................
................
................
................
................
129
................
................
................
..................
..................
..................
..................
23
0
20
0
177
33
3.5
0
na: Not allocated to sectors.
TABLE 7—PROPOSED CATCH LIMITS FOR THE 2022 FISHING YEAR
[mt, live weight]
khammond on DSKJM1Z7X2PROD with PROPOSALS
Stock
GB Cod ...................
GOM Cod ................
GB Haddock ............
GOM Haddock ........
GB Yellowtail Flounder ........................
SNE/MA Yellowtail
Flounder ...............
VerDate Sep<11>2014
Total ACL
Groundfish
sub-ACL
Sector
sub-ACL
Common
pool
sub-ACL
Recreational
sub-ACL
Midwater
trawl
fishery
Scallop
fishery
Smallmesh
fisheries
State waters
sub-component
Other
sub-component
A to H
A+B+C
A
B
C
D
E
F
G
H
1,250
523
77,168
10,873
1,093
463
75,250
10,690
1,045
262
72,770
6,879
48
8.2
2,481
177
........................
193
........................
3,634
................
................
1,511
107
................
................
................
................
..................
..................
..................
..................
20
48
0
38
137
12
406
38
78
64
59
5.1
........................
................
12
1.5
0
0
21
16
12
3.6
........................
................
2.0
..................
0.2
3.3
16:34 Jun 23, 2021
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules
TABLE 7—PROPOSED CATCH LIMITS FOR THE 2022 FISHING YEAR—Continued
[mt, live weight]
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 .......
Total ACL
Groundfish
sub-ACL
Sector
sub-ACL
Common
pool
sub-ACL
Recreational
sub-ACL
Midwater
trawl
fishery
Scallop
fishery
Smallmesh
fisheries
State waters
sub-component
Other
sub-component
A to H
A+B+C
A
B
C
D
E
F
G
H
787
2,687
1,414
591
692
2,630
1,317
563
651
2,542
1,273
517
41
89
44
47
........................
........................
........................
........................
................
................
................
................
................
................
................
................
..................
..................
..................
..................
58
28
44
0
37
28
52
27
482
281
267
14
........................
................
................
..................
194
7.5
441
9,559
2,041
16,068
288
9,559
2,019
14,135
247
9,421
1,994
13,988
41
138
25
147
........................
........................
........................
........................
................
................
................
................
................
................
................
................
..................
..................
..................
..................
21
0
11
1,093
132
0
11
841
150
108
na
108
........................
................
31
..................
0.8
10
371
83
97
86
43
50
73
86
na
na
na
na
43
50
73
86
........................
........................
........................
........................
................
................
................
................
129
................
................
................
..................
..................
..................
..................
23
0
20
0
177
33
3.5
0
Na: not allocated to sectors.
TABLE 8—PROPOSED CATCH LIMITS FOR THE 2023 FISHING YEAR
[mt, live weight]
Stock
GB Cod * .................
GOM Cod * ..............
GB Haddock * ..........
GOM Haddock * ......
GB Yellowtail Flounder * * ....................
SNE/MA Yellowtail
Flounder * .............
CC/GOM Yellowtail
Flounder * .............
American Plaice * ....
Witch Flounder * ......
GB Winter Flounder
GOM Winter Flounder ........................
SNE/MA Winter
Flounder ...............
Redfish ....................
White Hake * ............
Pollock * ...................
N Windowpane
Flounder ...............
S Windowpane
Flounder ...............
Ocean Pout .............
Atlantic Halibut ........
Atlantic Wolffish .......
Total ACL
Groundfish
sub-ACL
Sector
sub-ACL
Common
pool
sub-ACL
Recreational
sub-ACL
Midwater
trawl
fishery
Scallop
fishery
Smallmesh
fisheries
State waters
sub-component
Other
sub-component
A to H
A+B+C
A
B
C
D
E
F
G
H
..................
..................
..................
..................
....................
....................
....................
....................
..............
..............
..............
..............
................
................
................
................
........................
........................
........................
........................
................
................
................
................
................
................
................
................
..................
..................
..................
..................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..........................
..................
....................
..............
................
........................
................
................
..................
..........................
..........................
..................
....................
..............
................
........................
................
................
..................
..........................
..........................
..................
..................
..................
591
....................
....................
....................
563
..............
..............
..............
517
................
................
................
47
........................
........................
........................
........................
................
................
................
................
................
................
................
................
..................
..................
..................
..................
..........................
..........................
..........................
0
..........................
..........................
..........................
27
482
281
267
14
........................
................
................
..................
194
7.5
441
9,469
..................
..................
288
9,469
....................
....................
247
9,332
..............
..............
41
136
................
................
........................
........................
........................
........................
................
................
................
................
................
................
................
................
..................
..................
..................
..................
21
0
..........................
..........................
132
0
..........................
..........................
150
108
na
108
........................
................
31
..................
0.8
10
371
83
97
86
43
50
73
86
na
na
na
na
43
50
73
86
........................
........................
........................
........................
................
................
................
................
129
................
................
................
..................
..................
..................
..................
23
0
20
0
177
33
3.5
0
na: Not allocated to sectors.
* These stocks only have an allocation for fishing years 2021–2022, previously approved in Framework 59.
** Framework 61 proposes allocations for GB yellowtail flounder for fishing years 2021 and 2022 only.
khammond on DSKJM1Z7X2PROD with PROPOSALS
TABLE 9—PROPOSED FISHING YEARS 2021–2023 COMMON POOL TRIMESTER TACS
[mt, live weight]
2021
2022
2023
Stock
Trimester 1
Trimester 2
Trimester 3
Trimester 1
Trimester 2
Trimester 3
Trimester 1
Trimester 2
Trimester 3
13.4
4.0
682.0
69.6
1.0
0.8
16.3
2.7
833.5
67.1
1.5
1.0
18.2
1.5
1010.4
121.2
2.6
1.8
13.4
4.0
669.8
47.8
1.0
0.8
16.3
2.7
818.6
46.0
1.5
1.0
18.2
1.5
992.3
83.2
2.6
1.8
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
....................
GB Cod ....................................
GOM Cod .................................
GB Haddock ............................
GOM Haddock .........................
GB Yellowtail Flounder ............
SNE/MA Yellowtail Flounder ...
VerDate Sep<11>2014
16:34 Jun 23, 2021
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules
TABLE 9—PROPOSED FISHING YEARS 2021–2023 COMMON POOL TRIMESTER TACS—Continued
[mt, live weight]
2021
2022
2023
Stock
Trimester 1
Trimester 2
Trimester 3
Trimester 1
Trimester 2
Trimester 3
Trimester 1
Trimester 2
Trimester 3
23.6
66.8
24.3
3.7
5.1
34.8
9.5
54.1
10.8
7.2
8.8
11.2
5.3
43.2
7.8
67.6
7.0
16.3
11.0
31.7
3.5
61.3
7.8
71.5
23.6
65.5
24.3
3.7
5.1
34.4
9.5
41.2
10.8
7.1
8.8
11.2
5.3
42.7
7.8
51.5
7.0
15.9
11.0
31.7
3.5
60.6
7.8
54.5
....................
....................
....................
3.7
5.1
34.1
....................
....................
....................
....................
....................
11.2
5.3
42.3
....................
....................
....................
....................
....................
31.7
3.5
60.0
....................
....................
CC/GOM Yellowtail Flounder ..
American Plaice .......................
Witch Flounder .........................
GB Winter Flounder .................
GOM Winter Flounder .............
Redfish .....................................
White Hake ..............................
Pollock .....................................
TABLE 10—PROPOSED COMMON POOL INCIDENTAL CATCH TACS FOR THE 2021–2023 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 ..............................................................................
2020
2021
1.68
1
2
1
5
5
1
0.81
0.08
0.10
0.41
4.51
2.21
0.41
2022
0.81
0.08
0.10
0.41
4.43
2.21
0.41
........................
........................
........................
........................
........................
........................
0.41
TABLE 11—PERCENTAGE OF INCIDENTAL CATCH TACS DISTRIBUTED TO EACH SPECIAL MANAGEMENT PROGRAM
Eastern
U.S./CA
haddock SAP
(percent)
Regular B
DAS program
(percent)
Stock
GB Cod ....................................................................................................................................................................
GOM Cod .................................................................................................................................................................
GB Yellowtail Flounder ............................................................................................................................................
CC/GOM Yellowtail Flounder ..................................................................................................................................
American Plaice .......................................................................................................................................................
Witch Flounder .........................................................................................................................................................
SNE/MA Winter Flounder ........................................................................................................................................
60
100
50
100
100
100
100
40
n/a
50
n/a
n/a
n/a
n/a
TABLE 12—PROPOSED FISHING YEARS 2021–2023 INCIDENTAL CATCH TACS FOR EACH SPECIAL MANAGEMENT
PROGRAM
[mt, live weight]
Regular B DAS program
Eastern U.S./Canada haddock SAP
Stock
2021
GB Cod ............................................................................
GOM Cod .........................................................................
GB Yellowtail Flounder ....................................................
CC/GOM Yellowtail Flounder ...........................................
American Plaice ...............................................................
Witch Flounder .................................................................
SNE/MA Winter Flounder ................................................
2022
0.48
0.08
0.05
0.41
4.51
2.21
0.41
2023
0.48
0.08
0.05
0.41
4.43
2.21
0.41
2021
....................
....................
....................
....................
....................
....................
0.41
2022
0.32
n/a
0.05
n/a
n/a
n/a
n/a
2023
0.32
n/a
0.05
n/a
n/a
n/a
n/a
....................
n/a
....................
n/a
n/a
n/a
n/a
khammond on DSKJM1Z7X2PROD with PROPOSALS
TABLE 13—PROPOSED FISHING YEARS 2021–2023 REGULAR B DAS PROGRAM QUARTERLY INCIDENTAL CATCH TACS
[mt, live weight]
2021
Stock
2023
1st
Quarter
(13
percent)
2nd
Quarter
(29
percent)
3rd
Quarter
(29
percent)
4th
Quarter
(29
percent)
1st
Quarter
(13
percent)
2nd
Quarter
(29
percent)
3rd
Quarter
(29
percent)
4th
Quarter
(29
percent)
1st
Quarter
(13
percent)
2nd
Quarter
(29
percent)
3rd
Quarter
(29
percent)
4th
Quarter
(29
percent)
0.06
0.01
0.007
0.14
0.02
0.015
0.14
0.02
0.015
0.14
0.02
0.015
0.06
0.01
0.01
0.14
0.02
0.01
0.14
0.02
0.01
0.14
0.02
0.01
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
..............
GB Cod ....................................
GOM Cod .................................
GB Yellowtail Flounder ............
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TABLE 13—PROPOSED FISHING YEARS 2021–2023 REGULAR B DAS PROGRAM QUARTERLY INCIDENTAL CATCH TACS—
Continued
[mt, live weight]
2021
Stock
2nd
Quarter
(29
percent)
3rd
Quarter
(29
percent)
4th
Quarter
(29
percent)
1st
Quarter
(13
percent)
2nd
Quarter
(29
percent)
3rd
Quarter
(29
percent)
4th
Quarter
(29
percent)
1st
Quarter
(13
percent)
2nd
Quarter
(29
percent)
3rd
Quarter
(29
percent)
4th
Quarter
(29
percent)
0.05
0.59
0.29
0.05
0.12
1.31
0.64
0.12
0.12
1.31
0.64
0.12
0.12
1.31
0.64
0.12
0.05
0.58
0.29
0.05
0.12
1.28
0.64
0.12
0.12
1.28
0.64
0.12
0.12
1.28
0.64
0.12
..............
..............
..............
0.05
..............
..............
..............
0.12
..............
..............
..............
0.12
..............
..............
..............
0.12
6. Universal Sector Exemption for
Acadian Redfish (Redfish)
Proposed Universal Sector Exemption
for Redfish
This rule proposes to approve and
implement a new universal sector
exemption that would allow sector
vessels to target redfish within a defined
area using a 5.5-inch (14.0- centimeters
(cm)) mesh codend. Redfish is a healthy
stock that sectors already harvest under
a sector exemption that is evaluated and
approved as part of the sector operations
plan process annually or biennially. The
redfish exemption was most recently
approved in the 2021–2022 sector final
rule (86 FR 22898; April 30, 2021),
under the Regional Administrator’s
authority (50 CFR 648.87(c)(2)). As part
of this rule, which proposes to approve
a new universal sector exemption for
redfish, we would also eliminate the
current sector exemption for redfish.
This will prevent conflict and confusion
between two very similar exemptions,
and is consistent with the Council’s
intent to replace the current redfish
sector exemption with a new universal
redfish exemption for sectors.
Since fishing year 2012, we have
approved annual exemptions that allow
sector vessels to target redfish with a
sub-legal size mesh codend, ranging
from 4.5 inches (11.4 cm) to 6 inches
(15.2 cm), with different versions of the
exemptions requiring different levels of
monitoring, different catch thresholds,
and different areas where vessels are
allowed to use the exemption.
Currently, the exemption allows vessels
to fish with a 5.5-inch (14.0-cm) codend,
with standard at-sea or electronic
khammond on DSKJM1Z7X2PROD with PROPOSALS
2023
1st
Quarter
(13
percent)
CC/GOM Yellowtail Flounder ..
American Plaice .......................
Witch Flounder .........................
SNE/MA Winter Flounder ........
VerDate Sep<11>2014
2022
16:34 Jun 23, 2021
Jkt 253001
monitoring coverage, in a defined
redfish exemption area (Figure 1).
Sectors must also meet a 50-percent or
greater redfish catch threshold and a
less than 5-percent groundfish discards
threshold, each on a monthly basis. This
exemption is monitored and approved
as part of the standard sector operations
plan annual or biennial approval
process, which considers the objectives
of the FMP in approving and
disapproving exemption requests.
The proposed universal exemption
would expand the current redfish
exemption area (Figure 2), create two
seasonal closures of the redfish
exemption area, add a 55-percent or
greater annual redfish catch threshold,
modify the existing monthly catch and
discard thresholds, and create
provisions that require sectors to be
placed in probationary status and/or
have their vessels prohibited from using
the universal exemption if catch or
discard thresholds are not met. The
reporting and monitoring requirements
of the universal exemption would
remain the same as the annually
approved redfish exemption, however,
those requirements would be codified in
regulation rather than detailed in sector
operations plans. The Council put
forward a universal redfish exemption,
instead of an annual sector exemption,
in order to increase stability for fishery
participants and to improve Council
oversight of the redfish fishery.
If approved, the redfish exemption
would be added to the list of universal
sector exemptions. Additionally, a
sector redfish exemption program,
corresponding to the universal
exemption, would be described in
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regulations, defining terms of the
program, including vessel eligibility,
area, gear, monitoring thresholds, and
other administrative elements of the
exemption program. Under the program,
eligibility would be limited to sector
vessels that hold Northeast multispecies
permits permitting the use of 6.5-inch
(16.5-cm) inch codends under existing
regulations. The defined Redfish
Exemption Area would encompass
much of the offshore portion of the Gulf
of Maine regulated mesh area south of
43 degrees 20 minutes North latitude,
and portions of the Georges Bank
regulated mesh area north of 42 degrees
North latitude (Figure 2). There would
be two seasonal closures of the Redfish
Exemption Area: The Redfish
Exemption Area Cod Closure and the
Redfish Exemption Area Seasonal
Closure II. The Redfish Exemption Area
Cod Closure, which aligns with block
131, would be closed to redfish
exemption fishing for the months of
February and March to avoid catch of
Gulf of Maine cod (Figure 2). The
Redfish Exemption Area Seasonal
Closure II, which includes the United
States portion of statistical area 464,
would be closed to redfish exemption
fishing from September 1 through
December 31 to reduce catch of nonredfish stocks (Figure 2). Vessels fishing
under the proposed universal
exemption would continue to be
prohibited from fishing in groundfish
closure areas, habitat management areas,
or any other areas that prohibit fishing
with trawl gear that fall within the
bounds of the Redfish Exemption Area.
BILLING CODE 3510–22–P
E:\FR\FM\24JNP1.SGM
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules
10.·w
71"W
61\"IIV
69"W
Reiiised RedfrS.h Exemption Are8'
dfl&hCrosectkea
tetn U.S./C~da·Area
twrrU.SJCanada Area
nUSICanada Haddcick SAP'J\r
1···0
·o,.
+
·.
·.•,.
l
l
·+
I
•
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EP24JN21.004</GPH>
khammond on DSKJM1Z7X2PROD with PROPOSALS
Figure 1 - Fishing Year 2020 Redfish Exemption Area
Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules
33201
Legend
c:::J Redfish ExemptionArea
D
-
- - 50 fathom Bathymetry
Redfish ExemplionArea Cod Closure
Statistical Areas
[!iilJ Redfish Exemption Area Seasona~ Closu:te rt I>:=::::! Groundfish Closure Areas
1111 Habitat Management Areas
~ Eastern U.S./Ganada Management Area
~ Western U.S./Canada Managemen!Area
- - Exclusive Economic Zone (E.EZ) (200 nmi)
khammond on DSKJM1Z7X2PROD with PROPOSALS
BILLING CODE 3510–22–C
Vessels planning to fish under the
provisions of the proposed exemption
program would be required to declare
their intent to fish under the exemption
prior to leaving the dock. Vessels would
also be required to submit pre-trip
notifications for observer coverage
selection, and to carry observers or atsea monitors if selected for coverage, or
to use electronic monitoring consistent
with monitoring regulations. Vessels
declaring into the program would be
required to submit daily catch reports
even if they do not use the exemption.
Vessels would be allowed to fish for
groundfish as they normally would on
the first part of their groundfish trip,
inside or out of the Redfish Exemption
Area. Prior to fishing with a smaller
mesh codend under the universal
exemption, vessels would be required to
notify NMFS that they are switching to
small mesh; this notification indicates
that the vessel is now on the redfish
portion of its trip. Vessels would be
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prohibited from fishing outside the
Redfish Exemption Area when on the
redfish exemption portion of their trip,
and all activity during this portion of
the trip, regardless of mesh size, would
contribute to catch and discard
thresholds. Vessels that do not submit
this notification, daily catch reports, or
declare into the exemption program
would be prohibited from participating
in the exemption for that trip. On the
redfish portion of their trips, vessels
would be allowed to use a codend with
mesh of 5.5 inches (14.0 cm) or larger,
square or diamond. Codends with mesh
smaller than would otherwise be
permitted by regulation would be
required to be stowed during transit to
and from the Redfish Exemption Area,
and when not in use. Vessels would also
be required to stow any non-trawl gear
for the duration of a trip where the
vessel has declared its intent to fish
under the redfish exemption.
The proposed universal redfish
exemption would require sectors to
PO 00000
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meet several catch and discard
thresholds to encourage responsible use
of the exemption by sector vessels to
harvest redfish. The thresholds include
a monthly landings threshold of 50percent or greater redfish among
landings of allocated groundfish, a
monthly discard threshold of 5-percent
or less discards of all groundfish from
total observed catch, and an annual
landings threshold of 55-percent or
greater redfish among landings of
allocated groundfish. All thresholds
would be for the exemption portion of
trips by the vessels in each sector. If the
vessels in a sector fail to meet the
monthly landings or discard thresholds
for four or more months or three
consecutive months in a fishing year,
the Regional Administrator would be
required to prohibit vessels in that
sector from fishing under the exemption
for the remainder of the fishing year.
Additionally, the Regional
Administrator would be required to
place the sector in a probationary status
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Figure 2-Proposed Universal Redfish Exemption Area
33202
Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS
for the following fishing year. Similarly,
if the vessels in a sector failed to meet
the annual landings threshold in a given
fishing year, the Regional Administrator
would be required to place the sector in
a probationary status the following
fishing year. If a sector is under
probationary status and fails to meet
either the monthly landings or discard
thresholds for four or more months or
three consecutive months, the Regional
Administrator would be required to
prohibit vessels in that sector from
fishing under the redfish exemption for
the remainder of that fishing year, and
the following fishing year. If the vessels
in a sector under probationary status fail
to meet the annual catch threshold, then
the Regional Administrator would be
required to prohibit vessels in that
sector from fishing under the exemption
for the following fishing year. NMFS
would monitor the thresholds, notify
sectors if they fail to meet the
thresholds, and make necessary changes
to sector operations plans and letters of
authorization to implement
probationary status or prohibitions on
exemption fishing as needed.
The Council would review the
universal redfish exemption after the
next peer-reviewed stock assessment is
completed for the redfish stock. The
review would consider the Council’s
goals and objectives for the exemption
including: To achieve optimum yield of
redfish, to allow the use of efficient
mesh codend to harvest redfish, to
increase redfish harvest while reducing
bycatch of other stocks, to allow
operational flexibility for vessels
targeting redfish, and to exclude areas
from the exemption which provide little
opportunity to efficiently target redfish
or achieve performance thresholds.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has made a
preliminary determination that this
proposed rule is consistent with
Framework 61, other provisions of the
Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment. In
making the final determination, we will
consider the data, views, and comments
received during the public comment
period.
This proposed rule has been
determined to be not significant for
purposes of Executive Order (E.O.)
12866.
This proposed rule does not contain
policies with federalism or takings
implications as those terms are defined
in E.O. 13132 and E.O. 12630,
respectively.
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The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration that this
proposed rule, if adopted, would not
have a significant economic impact on
a substantial number of small entities.
The factual determination for this
determination is as follows.
Periodic framework adjustments are
used to revise the Northeast
Multispecies FMP in response to new
scientific information to support catch
limits that prevent overfishing and other
adjustments to improve management
measures included in the FMP.
Framework 61 proposes to revise
groundfish fishery specifications for
fishing years 2021–2023 (May 1, 2021,
through April 30, 2024) for nine
groundfish stocks. Specifications for
shared U.S./Canada groundfish stocks
would also be updated for the 2021
fishing year. The recreational
groundfish, Atlantic sea scallop, smallmesh multispecies, Atlantic herring,
and large-mesh non-groundfish fisheries
would be affected by the setting of
specifications and sub-allocations of
various groundfish stocks including:
GOM cod and GOM haddock for the
recreational groundfish fishery, four
flatfish stocks (GB yellowtail flounder,
SNE/MA yellowtail flounder, northern
windowpane flounder, and southern
windowpane founder) for the Atlantic
sea scallop fishery, GB yellowtail
flounder for the small-mesh groundfish
fishery, and GOM and GB haddock for
the Atlantic herring midwater trawl
fishery. Framework 61 would also revise
SDCs for GB winter flounder and SNE/
MA winter flounder as well as revise the
stock rebuilding strategy for white hake.
Lastly, Framework 61 would implement
a universal sector exemption to allow
sectors to target redfish with 5.5-inch
(14.0-cm) mesh codend in a specified
exemption area.
The Regulatory Flexibility Act (RFA)
requires Federal agencies to consider
disproportionality and profitability to
determine the significance of regulatory
impacts. For RFA purposes only, NMFS
has established a small business size
standard for businesses, including their
affiliates, whose primary industry is
commercial fishing (see 50 CFR 200.2).
A business primarily engaged in
commercial fishing (NAICS code 11411)
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates), and has
combined annual receipts not in excess
of $11 million for all its affiliated
operations worldwide. The
determination as to whether the entity
is large or small is based on the average
PO 00000
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Fmt 4702
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annual revenue for the three years from
2017 through 2019. The Small Business
Administration (SBA) has established
size standards for all other major
industry sectors in the U.S., including
for-hire fishing (NAICS code 487210).
These entities are classified as small
businesses if combined annual receipts
are not in excess of $8.0 million for all
its affiliated operations. As with
commercial fishing businesses, the
annual average of the three most recent
years (2017–2019) is utilized in
determining annual receipts for
businesses primarily engaged in for-hire
fishing.
As of June 1, 2020, NMFS had issued
762 commercial limited-access
groundfish permits associated with
vessels (including those in confirmation
of permit history, CPH), 584 party/
charter groundfish permits, 706 limited
access and general category Atlantic sea
scallop permits, 693 small-mesh
multispecies permits, 81 Atlantic
herring permits, and 810 large-mesh
non-groundfish permits (limited access
summer flounder and scup permits).
Therefore, this action potentially
regulates 3,636 permits. When
accounting for overlaps between
fisheries, this number falls to 2,102
permitted vessels. Each vessel may be
individually owned or part of a larger
corporate ownership structure, and for
RFA purposes, it is the ownership entity
that is ultimately regulated by the
proposed action. Ownership entities are
identified on June 1st of each year based
on the list of all permit numbers, for the
most recent complete calendar year, that
have applied for any type of Northeast
Federal fishing permit. The current
ownership data set is based on calendar
year 2019 permits and contains gross
sales associated with those permits for
calendar years 2017 through 2019.
Based on the ownership data, 1,637
distinct business entities hold at least
one permit that the proposed action
potentially regulates. All 1,637 business
entities identified could be directly
regulated by this proposed action. Of
these 1,637 entities, 1,000 are
commercial fishing entities, 293 are forhire entities, and 344 did not have
revenues (were inactive in 2019). Of the
1,000 commercial fishing entities, 990
are categorized as small entities and 10
are categorized as large entities, per the
NMFS guidelines. All 293 for-hire
entities are categorized as small
businesses.
The Framework 61 measures would
enhance the operational flexibility of
fishermen and increase profits overall.
The measures proposed in Framework
61 are estimated to generate $44.9–$45.3
million in sector revenue from the catch
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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules
of Multispecies groundfish, $62.7–$63.5
million in total revenue from all fish
caught on sector groundfish trips, and
$46.4–$47.1 million in operating profit
from sector groundfish trips during
fishing year 2021. Under No Action,
estimated sector revenue from the catch
of Multispecies groundfish is $11.4
million, revenue from all fish caught on
sector groundfish trips is $16.0 million,
and operating profit from sector
groundfish trips is $11.8 million. Small
entities engaged in the commercial
sector groundfish fishery will therefore
be positively impacted by the proposed
action, relative to No Action. Small
entities engaged in common pool
groundfish fishing are also expected to
be positively impacted by the proposed
action. Other commercial fisheries
which have sub-ACLs for groundfish
stocks (Atlantic sea scallop, Atlantic
herring, small-mesh multispecies, largemesh non-groundfish), are not expected
to be negatively impacted by the
proposed action, if catch follows recent
performance in these fisheries. The
details of these economic analyses are
included in Framework 58 (see
ADDRESSES).
This action is not expected to have a
significant economic impact on a
substantial number of small entities.
The effects on the regulated small
entities identified in this analysis are
expected to be positive relative to the no
action alternative, which would result
in lower revenues and profits than the
proposed action. These measures would
enhance the operational flexibility of
groundfish fishermen, and increase
profits. Under the proposed action,
small entities would not be placed at a
competitive disadvantage relative to
large entities, and the regulations would
not reduce the profits for any small
entities relative to taking no action. As
a result, an initial regulatory flexibility
analysis is not required and none has
been prepared.
Fisheries, Fishing, Recordkeeping,
and reporting requirements.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Dated: June 21, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
1. The authority citation for part 648
continues to read as follows:
■
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16:34 Jun 23, 2021
Jkt 253001
2. In § 648.14, add paragraph (k)(21) to
read as follows:
§ 648.14
Prohibitions.
*
*
*
*
*
(k) * * *
(21) Universal sector exemption
programs—(i) Redfish Exemption
Program. (A) While fishing under the
provisions of the Redfish Exemption
Program, it is unlawful for any person
to:
(1) Fish with a codend of mesh
smaller than 5.5-inch (14.0-cm)
diamond or square,
(2) Fish outside of the Redfish
Exemption Area specified in
§ 648.85(e)(1)(ii),
(3) Fish in the Redfish Exemption
Area Cod Closure specified in
§ 648.85(e)(1)(ii)(A) during the closure
period,
(4) Fish in the Redfish Exemption
Area Seasonal Closure II specified in
§ 648.85(e)(1)(ii)(B) during the closure
period,
(5) Fail to comply with the
declaration requirements of the Redfish
Exemption Program specified in
§ 648.85(e)(1)(iv),
(6) Fail to comply with the reporting
requirements of the Redfish Exemption
Program specified in § 648.85(e)(1)(v), or
(7) Fail to comply with the gear
requirements of the Redfish Exemption
Program specified in § 648.85(e)(1)(vii),
or fish with any gear other than trawl.
(B) It is unlawful for any person to
fish under the provisions of the Redfish
Exemption Program when prohibited
from doing so by the Regional
Administrator under
§ 648.85(e)(1)(viii)(C), or when ineligible
or prohibited for any other reason.
(ii) [Reserved]
*
*
*
*
*
■ 3. In § 648.85, add paragraph (e) to
read as follows:
§ 648.85
Special management programs.
*
List of Subjects in 50 CFR Part 648
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
Authority: 16 U.S.C. 1801 et seq.
■
*
*
*
*
(e) Universal exemption programs for
sector vessels—(1) Redfish Exemption
Program—(i) Eligibility. Any vessel
enrolled in a NMFS approved Northeast
multispecies sector and issued a limited
access Northeast multispecies permit
that allows the use of trawl gear
consistent with paragraph (e)(1)(vii) of
this section may fish in compliance
with the provisions of the Redfish
Exemption Program described in
paragraphs (e)(1)(ii) through (viii) of this
section, except those vessels enrolled in
a sector whose members have been
prohibited from doing so by the
Regional Administrator under paragraph
(e)(1)(viii)(C) of this section, or those
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Fmt 4702
Sfmt 4702
vessels ineligible or prohibited for any
other reason. Letters of authorization
issued pursuant to § 648.87(c)(2) shall
authorize or prohibit participation in
the program by sector vessels consistent
with paragraph (e)(1)(viii)(C) of this
section.
(ii) Redfish Exemption Area. The
Redfish Exemption Area is the area
defined by straight lines connecting the
following points in the order stated (a
chart depicting this area is available
from the Regional Administrator upon
request):
TABLE 14 TO PARAGRAPH (e)(1)(ii)
Point
N Lat.
A ...........................
B ...........................
C ...........................
D ...........................
E ...........................
F ............................
G ...........................
H ...........................
I .............................
J ............................
A ...........................
43°00′ ......
43°00′ ......
43°20′ ......
43°20′ ......
42°53.24′
42°20′ ......
42°20′ ......
42°20′ ......
42°00′ ......
42°20′ ......
43°00′ ......
1 US
EEZ
67°35.07′.
2 US
EEZ
67°18.17′.
W Long.
69°55′
69°30′
69°30′
(1)
67°44.55′
(2)
67°40′
67°40′
69°37′
69°55′
69°55′
longitude,
approximately
longitude,
approximately
(A) Redfish Exemption Area Cod
Closure. No vessel may participate in
the Redfish Exemption Program inside
the Redfish Exemption Area Cod
Closure from February 1 through March
31 of each year. The Redfish Exemption
Area Cod Closure is the area defined by
straight lines connecting the following
points in the order stated:
TABLE 15 TO PARAGRAPH (e)(1)(ii)(A)
Point
A
B
K
L
A
...........................
...........................
...........................
............................
...........................
N Lat.
43°00′
43°00′
42°30′
42°30′
43°00′
......
......
......
......
......
W Long.
69°55′
69°30′
69°30′
69°55′
69°55′
(B) Redfish Exemption Area Seasonal
Closure II. No vessel may participate in
the Redfish Exemption Program inside
the Redfish Exemption Area Seasonal
Closure II from September 1 through
December 31 of each year. The Redfish
Exemption Area Seasonal Closure II is
the area defined by straight lines
connecting the following points in the
order stated:
TABLE 16 TO PARAGRAPH (e)(1)(ii)(B)
Point
N Lat.
M ...........................
F ............................
42°47.17′
42°20′ ......
E:\FR\FM\24JNP1.SGM
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W Long.
67°40′
(1)
33204
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TABLE 16 TO PARAGRAPH
(e)(1)(ii)(B)—Continued
Point
N Lat.
G ...........................
M ...........................
42°20′ ......
42°47.17′
khammond on DSKJM1Z7X2PROD with PROPOSALS
1 US
EEZ
67°18.17′.
longitude,
W Long.
67°40′
67°40′
approximately
(C) No vessel may participate in the
Redfish Exemption Program in any areas
that are otherwise closed to fishing for
Northeast multispecies or fishing with
trawl gear, including but not limited to
year-round closed areas, seasonal closed
areas, or habitat closures.
(iii) Season. An eligible vessel as
described in paragraph (e)(1)(i) of this
section may participate in the Redfish
Exemption Program from May 1 through
April 30 of each year as authorized in
the vessel’s letter of authorization
issued pursuant to § 648.87(c)(2), unless
otherwise prohibited in the letter of
authorization under paragraph
(e)(1)(viii)(C) of this section.
(iv) Declaration. To participate in the
Redfish Exemption Program on a sector
trip, an eligible vessel must declare its
intent to do so through the VMS prior
to leaving the dock, in accordance with
instructions provided by the Regional
Administrator.
(A) Pre-trip notification. For the
purposes of selecting vessels for
observer deployment or electronic
monitoring, a vessel participating in the
Redfish Exemption Program must
comply with all pre-trip notification
requirements at § 648.11(l).
(B) [Reserved]
(v) Reporting—(A) Daily catch
reporting. The owner or operator of a
vessel that has declared into the Redfish
Exemption Program as required in
paragraph (e)(1)(iv) of this section must
submit catch reports via VMS, for each
day of the fishing trip. Vessels subject
to the daily reporting requirement must
report daily for the entire fishing trip,
including any portion fished outside of
the Redfish Exemption Area. The
reports must be submitted in 24-hr
intervals for each day, beginning at 0000
hr and ending at 2359 hr, and must be
submitted by 0900 hr of the following
day, or as instructed by the Regional
Administrator. The reports must include
at least the following information:
(1) VTR serial number or other
universal ID specified by the Regional
Administrator;
(2) Date fish were caught and
statistical area in which fish were
caught; and
(3) Total pounds of each regulated
Northeast multispecies and ocean pout
kept (in pounds, live weight) as well as
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the total pounds of other kept catch (in
pounds, live weight) in each statistical
area, as instructed by the Regional
Administrator.
(B) Redfish exemption fishing
notification. Before switching to a
smaller mesh codend allowed under the
Redfish Exemption Program, the owner
or operator of a vessel must submit a
redfish exemption fishing notification.
This notification is provided with an
additional catch report submitted via
VMS, reporting all catch on board and
indicating that the vessel is switching to
a smaller mesh codend. This
notification indicates that the vessel is
now fishing under the provisions of the
Redfish Exemption Program. Vessels
that fail to declare into the Redfish
Exemption Program as required in
paragraph (e)(1)(iv) of this section may
not fish under the Redfish Exemption
Program even if this notification is sent.
The notification must include at least
the following information:
(1) VTR serial number or other
universal ID specified by the Regional
Administrator;
(2) Date fish were caught and
statistical area in which fish were
caught;
(3) Total pounds of each regulated
Northeast multispecies and ocean pout
kept (in pounds, live weight) as well as
the total pounds of other kept catch (in
pounds, live weight) in each statistical
area, as instructed by the Regional
Administrator; and
(4) Indication that the vessel is now
switching to a smaller mesh codend.
(vi) Area fished. (A) A vessel that has
declared its intent to fish under the
Redfish Exemption Program consistent
with paragraph (e)(1)(iv) of this section
may conduct the first part of its trip
outside the provisions of the Redfish
Exemption Program, subject to all other
Northeast multispecies regulations
including codend mesh size, prior to
sending a redfish exemption fishing
notification as described in paragraph
(e)(1)(v)(B) of this section.
(B) Once a vessel has sent a redfish
exemption fishing notification as
described in paragraph (e)(1)(v)(B) of
this section, the vessel is prohibited
from fishing outside of the Redfish
Exemption Area for the remainder of its
trip.
(vii) Gear requirements. Vessels may
only use trawl gear when declared into
and fishing in the Redfish Exemption
Program. Vessels may fish in the
Redfish Exemption Program with any
trawl gear, including, but not limited to,
otter trawl, haddock separator trawl,
flounder trawl, or Ruhle trawl.
(A) Minimum codend mesh size. The
minimum codend mesh size for vessels
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Fmt 4702
Sfmt 4702
fishing in the Redfish Exemption
Program is 5.5-inch square or diamond
mesh. All other trawl net restrictions
listed in § 648.80(a)(3)(i) and (a)(4)(i),
including minimum mesh sizes for the
net body and extensions, still apply.
(B) Gear stowage. Codends with mesh
smaller than otherwise permitted by
regulation at § 648.80(a)(3)(i) and
(a)(4)(i), or § 648.87(c)(2)(ii)(D), must be
stowed during transit to and from the
Redfish Exemption Area, and when not
in use under the Redfish Exemption
Program. Any non-trawl fishing gear
must be stowed for the duration of any
trip for which a vessel declared its
intent to fish under the Redfish
Exemption Program consistent with
paragraph (e)(1)(iv) of this section.
Stowed gear must be not available for
immediate use consistent with
definitions in § 648.2
(viii) Catch Thresholds—(A) Monthly
Performance Thresholds. (1) Monthly
Redfish Landings Threshold—Monthly
redfish landings by a sector whose
member vessels fish under the
provisions of the Redfish Exemption
Program may not be less than 50 percent
of all the allocated Northeast
multispecies stocks landed each month
while fishing under the provisions of
the Redfish Exemption Program.
(2) Monthly Discards Threshold—
Monthly observed discards of regulated
Northeast multispecies and ocean pout
by a sector whose member vessels fish
under the provisions of the Redfish
Exemption Program may not exceed 5
percent of total observed kept catch, for
those portions of trips fished each
month under the provisions of the
Redfish Exemption Program.
(B) Annual Performance Thresholds.
(1) Annual Redfish Landings
Threshold—Annual fishing year redfish
landings by a sector whose member
vessels fish under the provisions of the
Redfish Exemption Program may be no
less than 55 percent of all the allocated
Northeast multispecies stocks landed
while fishing under the provisions of
the Redfish Exemption Program.
(C) Administration of Thresholds. (1)
If a sector fails to meet the monthly
redfish landings threshold or the
monthly discards threshold described in
paragraphs (e)(1)(viii)(A)(1) and (2) of
this section for four or more months
total, or three or more consecutive
months, in a fishing year, the Regional
Administrator shall prohibit all vessels
in that sector from fishing under the
provisions of the Redfish Exemption
Program for the remainder of the fishing
year, and place the sector and its vessels
in a probationary status for one fishing
year beginning the following fishing
year.
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(2) If a sector fails to meet the annual
redfish landings threshold described in
paragraph (e)(1)(viii)(B)(1) of this
section in a fishing year, the Regional
Administrator shall place the sector and
its vessels in a probationary status for
one fishing year beginning the following
fishing year.
(3) While in probationary status as
described in paragraph (e)(1)(viii)(C)(1)
or (2) of this section, if the sector fails
to meet the monthly redfish landings
threshold or the monthly discards
threshold described in paragraphs
(e)(1)(viii)(A)(1) and (2) of this section
for four or more months total, or three
or more consecutive months, in that
fishing year, the Regional Administrator
shall prohibit all vessels in that sector
from fishing under the provisions of the
Redfish Exemption Program for the
remainder of the fishing year and the
following fishing year.
(4) If a sector fails to meet the annual
redfish landings threshold in
(e)(1)(viii)(B)(1) of this section for any
fishing year during which the sector is
in a probationary status as described in
paragraph (e)(1)(viii)(C)(1) or (2) of this
section, the Regional Administrator
shall prohibit all vessels in that sector
from fishing under the provisions of the
Redfish Exemption Program for the
following fishing year.
(5) The Regional Administrator may
determine a sector has failed to meet
required monthly or annual thresholds
described in paragraphs (e)(1)(viii)(A)
and (B) of this section using available
information including, but not limited
to, vessel declarations and notifications,
vessel trip reports, dealer reports, and
observer and electronic monitoring
records.
(6) The Regional Administrator shall
notify a sector of a failure to meet the
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required monthly or annual thresholds
and the sector’s vessels prohibition or
probation status consistent with the
provisions in paragraphs
(e)(1)(viii)(C)(1) through (5) of this
section. The Regional Administrator
shall also make administrative
amendments to the approved sector
operations plan and issue sector vessel
letters of authorization consistent with
the provisions in paragraphs
(e)(1)(viii)(C)(1) through (5) of this
section. These administrative
amendments may be made during a
fishing year or during the sector
operations plan and sector contract
approval process.
(7) A sector may request in writing
that the Regional Administrator review
and reverse a determination made under
the provisions of this section within 30
days of the date of the Regional
Administrator’s determination. Any
such request must be based on
information showing the sector
complied with the required thresholds,
including, but not limited to, landing,
discard, observer or electronic
monitoring records. The Regional
Administrator will review and maintain
or reverse the determination and notify
the sector of this decision in writing.
Any determination resulting from a
review conducted under this provision
is final and may not be reviewed
further.
(ix) Program review. The Council will
review the Redfish Exemption Program
after the first peer-reviewed redfish
stock assessment following
implementation of the program. The
Council will prepare a report, which
may include, but is not limited to, an
evaluation of threshold performance,
vessel-level performance, bycatch of
non-redfish stocks, and changes in catch
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33205
selectivity, and will consider the goals
and objectives of the Redfish Exemption
Program and the FMP, The Council may
decide, as needed, to conduct additional
reviews following the review outlined
in this section.
(2) [Reserved]
*
*
*
*
*
■ 4. Amend § 648.87 by revising
paragraphs (c)(2)(ii)(B) through (D) and
adding paragraph (c)(2)(ii)(E) to read as
follows:
§ 648.87
Sector allocation.
*
*
*
*
*
(c) * * *
(2) * * *
(ii) * * *
(B) The GOM Cod Protection Closures
IV and V specified in § 648.81(d)(4)(iv)
and (v);
(C) NE multispecies DAS restrictions
other than those required to comply
with effort controls in other fisheries, as
specified in §§ 648.92 and 648.322;
(D) The minimum codend mesh size
restrictions for trawl gear specified in
§ 648.80(a)(4)(i) when using a haddock
separator trawl defined in
§ 648.85(a)(3)(iii) or the Ruhle trawl
defined in § 648.85(b)(6)(iv)(J)(3) within
the GB RMA, as defined in
§ 648.80(a)(2), provided sector vessels
use a codend with 6-inch (15.2-cm)
minimum mesh; and
(E) The minimum codend mesh size
restrictions for trawl gear specified in
§ 648.80(a)(3)(i) or (a)(4)(i) when fishing
in compliance with the provisions of the
Redfish Exemption Program defined in
§ 648.85(e)(1).
*
*
*
*
*
[FR Doc. 2021–13410 Filed 6–23–21; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Proposed Rules]
[Pages 33191-33205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13410]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 210617-0133]
RIN 0648-BK24
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 61
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action proposes to approve and implement Framework
Adjustment 61 to the Northeast Multispecies Fishery Management Plan.
This rule would revise the status determination criteria for Georges
Bank and Southern New England-Mid Atlantic winter flounder, implement a
revised rebuilding plan for white hake, set or adjust catch limits for
17 of the 20 multispecies (groundfish) stocks, and implement a
universal exemption for sectors to target Acadian redfish. This action
is necessary to respond to updated scientific information and to
achieve the goals and objectives of the fishery management plan. The
proposed measures are intended to help prevent overfishing, rebuild
overfished stocks, achieve optimum yield, and ensure that management
measures are based on the best scientific information available.
DATES: Comments must be received by July 9, 2021.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2021-0061
by the following method:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov
and enter NOAA-NMFS-2021-0061 in the Search box. Click on the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by us. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. We will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of Framework Adjustment 61, including the draft
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: Liz Sullivan, Fishery Policy Analyst,
phone: 978-282-8493; email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Summary of Proposed Measures
2. Status Determination Criteria
3. Rebuilding Plan for White Hake
4. Fishing Year 2021 Shared U.S./Canada Quotas
5. Catch Limits for Fishing Years 2021-2023
6. Universal Sector Exemption for Acadian Redfish (redfish)
1. Summary of Proposed Measures
This action would implement the management measures in Framework
Adjustment 61 to the Northeast Multispecies Fishery Management Plan
(FMP). The New England Fishery Management Council reviewed the proposed
regulations and deemed them consistent with, and necessary to
implement, Framework 61 in a June 10, 2021, letter from Council
Chairman Dr. John Quinn to Regional Administrator Michael Pentony.
Under the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), we are required to publish proposed rules for
comment after determining whether they are consistent
[[Page 33192]]
with applicable law. The Magnuson-Stevens Act allows us to approve,
partially approve, or disapprove measures that the Council proposes
based only on whether the measures are consistent with the fishery
management plan, plan amendment, the Magnuson-Stevens Act and its
National Standards, and other applicable law. Otherwise, we must defer
to the Council's policy choices. We are seeking comments on the
Council's proposed measures in Framework 61. Through Framework 61, the
Council proposes to:
Revise the status determination criteria (SDC) for Georges
Bank (GB) and Southern New England/Mid-Atlantic (SNE/MA) winter
flounder and provide the numeric estimates of the SDCs for these
stocks, based on the peer review recommendations;
Implement a revised rebuilding plan for white hake;
Set fishing year 2021 shared U.S./Canada quotas for GB
yellowtail flounder and eastern GB cod and haddock;
Set 2021-2023 specifications, including catch limits, for
nine groundfish stocks and adjust 2021-2022 allocations for seven other
groundfish stocks; and
Implement a universal exemption for sectors to target
redfish.
2. Status Determination Criteria
The Northeast Fishery Science Center conducted management track
stock assessment updates in 2020 for nine groundfish stocks. This
action proposes to revise SDCs for GB and SNE/MA winter flounder, and
provide updated numerical estimates of these criteria, in order to
incorporate the results of the 2020 stock assessments and based on the
peer review recommendations from the 2020 stock assessments. Table 1
provides the proposed revisions to the SDCs for GB and SNE/MA winter
flounder, and Table 2 provides the resulting numerical estimates of the
SDCs.
For GB winter flounder, the assessment and the peer review
recommended changing the current maximum sustainable yield (MSY)
biological reference points (calculated from the stock-recruitment
relationship) to proxy-based biological reference points (F-40 percent,
SSB-40 percent) as recommended by the panel review in the 2019
assessment. Similarly, for SNE/MA winter flounder, the assessment and
the peer review recommended changing the MSY biological reference
points calculated in previous assessments (based on the stock-
recruitment relationship) to proxy-based biological reference points
(F-40 percent, SSB-40 percent), due to the Council's Scientific and
Statistical Committee's (SSC) concerns with recent recruitment being
estimated below predicted values from the stock recruitment
relationship, and from recommendations by the 2018 peer review panel in
considering an F-40 proxy. This addressed a concern that the estimate
of FMSY from the stock recruitment relationship could be too
high relative to the estimate of F-40 percent. A stock assessment model
change in the assumption for the estimated fishery selectivity pattern
(i.e., assumptions of ages that are subject to fishing) also
contributed to a change in the numeric estimates of the SDCs for SNE/MA
winter flounder. The assumption on selectivity in the stock assessment
model changed from a dome-shaped fishery selectivity pattern (i.e., a
pattern that assumes that the largest or oldest members of a
demographic group are not fully vulnerable to fishing) to a flat-topped
fishery selectivity pattern (i.e., a pattern in which the older age
groups are fully vulnerable and susceptible to fishing). Fishing
mortality rates and their corresponding overfishing rates
(FMSY) are not comparable across models when large changes
in the selectivity pattern have occurred.
Table 1--Proposed Status Determination Criteria
----------------------------------------------------------------------------------------------------------------
Biomass target
Stock (SSBMSY or proxy) Minimum biomass Maximum fishing mortality
threshold threshold (FMSY or proxy)
----------------------------------------------------------------------------------------------------------------
GB Winter Flounder:
Current SDC................. SSBMSY............ \1/2\ Btarget.......... FMSY
Proposed SDC................ SSBMSY: SSB/R (40 \1/2\ Btarget.......... F-40 percent of MSPP
percent MSP).
SNE/MA Winter Flounder:
Current SDC................. SSBMSY............ \1/2\ Btarget.......... FMSY
Proposed SDC................ SSBMSY: SSB/R (40 \1/2\ Btarget.......... F-40 percent of MSP
percent MSP).
----------------------------------------------------------------------------------------------------------------
SSB = spawning stock biomass; MSY = maximum sustainable yield; Btarget = target biomass; F = fishing mortality;
SSB/R = spawning stock biomass per recruit; MSP = maximum spawning potential.
Table 2--Numerical Estimates of Status Determination Criteria
----------------------------------------------------------------------------------------------------------------
BMSY or proxy (mt)
Stock Model/approach FMSY or proxy MSY (mt)
----------------------------------------------------------------------------------------------------------------
GB Winter Flounder:
Using current SDC........... VPA............... 7,394............. 0.358............. 2,612
Using proposed SDC.......... VPA............... 7,267............. 0.358............. 2,573
SNE/MA Winter Flounder:
Using current SDC........... ASAP.............. 31,567............ 0.260............. 9,102
Using proposed SDC.......... ASAP.............. 12,322............ 0.284............. 3,906
----------------------------------------------------------------------------------------------------------------
3. Rebuilding Plan for White Hake
Framework 61 would revise the rebuilding plan for white hake. The
current rebuilding plan for white hake, as implemented by Amendment 13,
ended in 2014. In 2015, the stock assessment update indicated that the
stock was making adequate rebuilding progress, and in 2017, the
Regional Administrator advised the Council to continue to set catch
limits to maintain fishing mortality (F) at 75 percent of F at maximum
sustainable yield until the stock was rebuilt. However, the 2019 stock
assessment update indicated that the spawning stock biomass of white
hake dropped to 49.9 percent of BMSY, and while this was
only 23 mt below the threshold, the stock had become overfished. On
March 5, 2020, the
[[Page 33193]]
Regional Administrator notified the Council of the overfished status
and that, given that the rebuilding plan's target date had passed, a
new rebuilding plan was required. The deadline to implement a
rebuilding plan is March 5, 2022.
The Magnuson-Stevens Act requires that overfished stocks be rebuilt
as quickly as possible, not to exceed 10 years when biologically
possible, accounting for the status and biology of the stocks, the
needs of fishing communities, and the interaction of the overfished
stock within the marine ecosystem. Rebuilding plans must have at least
a 50-percent probability of success. Selection of a rebuilding plan
with a higher probability of success is one way of addressing
uncertainty, but this does not affect the standard used in the future
to determine whether a stock is rebuilt. The minimum rebuilding time
(Tmin) is the amount of time a stock is expected to take to
rebuild to the biomass (B) associated with maximum sustainable yield
(MSY) in the absence of any fishing mortality (F). The actual timeline
set with a rebuilding plan (Ttarget) may be greater than
Tmin, but cannot exceed the maximum rebuilding time
(Tmax). Tmax is 10 years if Tmin is
less than 10 years. In situations where Tmin exceeds 10
years, Tmax establishes a maximum time for rebuilding that
is linked to the biology of the stock.
The white hake rebuilding program proposed in this action would
rebuild the stock within 10 years, or by 2031, which is the maximum
time period allowed by the Magnuson-Stevens Act. While projections
suggest the stock could rebuild in 4 years at an F of zero, this does
not account for the white hake's stock status, the needs of fishing
communities, or the interaction of white hake with other multispecies
in the groundfish fishery. Additional factors regarding biology and
fishery needs were considered by the Council in setting
Ttarget = Tmax. First, recent recruitment
estimates for this stock have been below average, and recruitment may
not increase suddenly to the average values, which make the
Tmin projections (4 years at F = 0) likely to be overly
optimistic. Long-term projections for many groundfish stocks have
tended to be overly optimistic, such that future levels of biomass are
overestimated and fishing mortality is underestimated. Additionally,
recent commercial utilization of the white hake annual catch limit
(ACL) is high, indicating that the stock is an important component of
the fishing industry; a longer rebuilding period considers the needs of
the fishing communities as much as practicable. The proposed rebuilding
plan for white hake would set Frebuild at 70 percent of
FMSY with an 87-percent probability of achieving
BMSY.
4. Fishing Year 2021 Shared U.S./Canada Quotas
Management of Transboundary Georges Bank Stocks
Eastern GB cod, eastern GB haddock, and GB yellowtail flounder are
jointly managed with Canada under the United States/Canada Resource
Sharing Understanding. The Transboundary Management Guidance Committee
(TMGC) is a government-industry committee made up of representatives
from the United States and Canada. For historical information about the
TMGC see: https://www.bio.gc.ca/info/intercol/tmgc-cogst/index-en.php.
Each year, the TMGC recommends a shared quota for each stock based on
the most recent stock information and the TMGC's harvest strategy. The
TMGC's harvest strategy for setting catch levels is to maintain a low
to neutral risk (less than 50 percent) of exceeding the fishing
mortality limit for each stock. The harvest strategy also specifies
that when stock conditions are poor, fishing mortality should be
further reduced to promote stock rebuilding. The shared quotas are
allocated between the United States and Canada based on a formula that
considers historical catch (10-percent weighting) and the current
resource distribution (90-percent weighting).
For GB yellowtail flounder, the Council's Scientific and
Statistical Committee (SSC) also recommends an acceptable biological
catch (ABC) for the stock. The ABC is typically used to inform the U.S.
TMGC's discussions with Canada for the annual shared quota. Although
the stock is jointly managed with Canada, and the TMGC recommends
annual shared quotas, the Council may not set catch limits that would
exceed the SSC's recommendation. The SSC does not recommend ABCs for
eastern GB cod and haddock because they are management units of the
total GB cod and haddock stocks. The SSC recommends overall ABCs for
the total GB cod and haddock stocks. The shared U.S./Canada quota for
eastern GB cod and haddock is included in these overall ABCs, and must
be consistent with the SSC's recommendation for the total GB stocks.
2021 U.S./Canada Quotas
The Transboundary Resources Assessment Committee conducted
assessments for the three transboundary stocks in July 2020, and
detailed summaries of these assessments can be found at: https://www.nefsc.noaa.gov/assessments/trac/. The TMGC met in September 2020 to
recommend shared quotas for 2021 based on the updated assessments, and
the Council adopted the TMGC's recommendations in Framework 61. The
proposed 2021 shared U.S./Canada quotas, and each country's allocation,
are listed in Table 3.
Table 3--Proposed 2021 Fishing Year U.S./Canada Quotas (mt, live weight) and Percent of Quota Allocated to Each
Country
----------------------------------------------------------------------------------------------------------------
Quota Eastern GB cod Eastern GB haddock GB yellowtail flounder
----------------------------------------------------------------------------------------------------------------
Total Shared Quota................... 635.................... 14,100................. 125.
U.S. Quota........................... 190.5 (30 percent)..... 6,486 (46 percent)..... 80 64 percent).
Canadian Quota....................... 444.5 (70 percent)..... 7,614 (54 percent)..... 45 (36 percent).
----------------------------------------------------------------------------------------------------------------
The proposed 2021 U.S. quota for eastern GB cod would represent a
1.1-percent increase compared to 2020; the proposed 2021 U.S. quota for
eastern GB haddock and GB yellowtail flounder would represent 60-
percent and 33-percent decreases, respectively, compared to 2020. The
quota increase for eastern GB cod is due to a slight increase (1
percent) in the portion of the shared quota that is allocated to the
United States, despite a small decrease in the total shared quota. The
decreases for eastern GB haddock and GB yellowtail flounder are both
due to a decrease in total shared quota and the portion of the shared
quota that is allocated to the United States. For a more detailed
discussion of the TMGC's 2021 catch advice, see the TMGC's guidance
document that will be posted
[[Page 33194]]
at: https://www.greateratlantic.fisheries.noaa.gov/. The 2021 U.S.
quotas for eastern GB cod, eastern GB haddock, and GB yellowtail that
are proposed in Framework Adjustment 61, if approved, will replace the
2021 quotas previously specified for these stocks (86 FR 22898; April
30, 2021). This is discussed further in Section 5, Catch Limits for the
2021-2023 Fishing Years.
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
2020 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 2021 fishing year in a future management action, as close to
May 1, 2021, as possible. If any fishery that is allocated a portion of
the U.S. quota exceeds its allocation and causes an overage of the
overall U.S. quota, the overage reduction would be applied only 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.
5. Catch Limits for Fishing Years 2021-2023
Summary of the Proposed Catch Limits
Tables 4 through 13 show the proposed catch limits for the 2021-
2023 fishing years. A brief summary of how these catch limits were
developed is provided below. More details on the proposed catch limits
for each groundfish stock can be found in Appendix II (Calculation of
Northeast Multispecies Annual Catch Limits, FY 2021-FY 2023) to the
Framework 61 Environmental Assessment (see ADDRESSES for information on
how to get this document).
Through Framework 61, the Council proposes to adopt catch limits
for nine groundfish stocks for the 2021-2023 fishing years based on
stock assessments completed in 2020, and fishing year 2021-2022
specifications for GB yellowtail flounder. Framework 59 (85 FR 45794;
July 30, 2020) previously set 2021-2022 quotas for the 10 groundfish
stocks not assessed in 2020, based on assessments conducted in 2019.
This action would include minor adjustments for seven of these stocks
for fishing years 2021-2022. Table 4 provides an overview of which
catch limits, if any, would change, as proposed in Framework 61, as
well as when the stock was most recently assessed. Table 5 provides the
percent change in the 2021 catch limit compared to the 2020 fishing
year.
Because Framework 61 is not in place in time for the May 1 start to
the fishing year, the fishing year 2021 quotas previously set by
Framework 59 are in effect from May 1, 2021, through April 30, 2022,
unless and until replaced by the quotas proposed in this action.
However, Framework 59 did not set 2021 quotas for GOM winter flounder,
SNE/MA winter flounder, redfish, ocean pout, Atlantic wolffish, and the
eastern portion of the GB cod and haddock stocks. A default quota for
these stocks required by current regulations will be in effect from May
1, 2021, through July 31, 2021, unless and until replaced by the quotas
proposed in Framework 61 (see 86 FR 22898; April 30, 2021 for more
information).
Table 4--Changes to Catch Limits, as Proposed in Framework 61
------------------------------------------------------------------------
Most recent Proposed change in
Stock assessment Framework 61
------------------------------------------------------------------------
GB Cod......................... 2019 New 2021-2022 U.S. ABC.
Adjust sub-
components.*
GOM Cod........................ 2019 Adjust sub-components.*
GB Haddock..................... 2019 New 2021-2022 U.S. ABC.
GOM Haddock.................... 2019 No change: 2021-2022
catch limits set by
Framework 59.
GB Yellowtail Flounder......... 2020 New 2021-2022 ABC.
SNE/MA Yellowtail Flounder..... 2019 Adjust sub-components.*
CC/GOM Yellowtail Flounder..... 2019 Adjust sub-components.*
American Plaice................ 2019 No change: 2021-2022
catch limits set by
Framework 59.
Witch Flounder................. 2019 Adjust sub-components.*
GB Winter Flounder............. 2020 New 2021-2023 ABC.
GOM Winter Flounder............ 2020 New 2021-2023 ABC.
SNE/MA Winter Flounder......... 2020 New 2021-2023 ABC.
Redfish........................ 2020 New 2021-2023 ABC.
White Hake..................... 2019 Adjust sub-components.*
Pollock........................ 2019 No change: 2021-2022
catch limits set by
Framework 59.
N Windowpane Flounder.......... 2020 New 2021-2023 ABC.
S Windowpane Flounder.......... 2020 New 2021-2023 ABC.
Ocean Pout..................... 2020 New 2021-2023 ABC.
Atlantic Halibut............... 2020 New 2021-2023 ABC.
Atlantic Wolffish.............. 2020 New 2021-2023 ABC.
------------------------------------------------------------------------
N = Northern; S = Southern; * Adjustments to sub-components to the ACL
result in an adjustment to the sub-ACLs for fisheries, including
groundfish, as described in the Annual Catch Limits section below.
Table 5--Proposed Fishing Years 2021-2023 Overfishing Limits and Acceptable Biological Catches
[mt, live weight]
----------------------------------------------------------------------------------------------------------------
2021 Percent 2022 2023
Stock ----------------------- change from --------------------------------------------
OFL U.S. ABC 2020 OFL U.S. ABC OFL U.S. ABC
----------------------------------------------------------------------------------------------------------------
GB Cod........................ UNK 1,308 1 UNK 1,308 ......... .........
GOM Cod....................... 929 552 0 1,150 552 ......... .........
GB Haddock.................... 116,883 82,723 -37 114,925 81,242 ......... .........
GOM Haddock................... 21,521 16,794 -15 14,834 11,526 ......... .........
GB Yellowtail Flounder........ UNK 80 -33 UNK 80 ......... .........
[[Page 33195]]
SNE/MA Yellowtail Flounder.... 71 22 0 184 22 ......... .........
CC/GOM Yellowtail Flounder.... 1,076 823 0 1,116 823 ......... .........
American Plaice............... 3,740 2,881 -9 3,687 2,825 ......... .........
Witch Flounder................ UNK 1,483 0 UNK 1,483 ......... .........
GB Winter Flounder............ 865 608 8 974 608 1,431 608
GOM Winter Flounder*.......... 662 497 11 662 497 662 497
SNE/MA Winter Flounder*....... 1,438 456 -37 1,438 456 1,438 456
Redfish*...................... 13,519 10,186 -15 13,354 10,062 13,229 9,967
White Hake.................... 2,906 2,147 0 2,986 2,147 ......... .........
Pollock....................... 28,475 22,062 -20 21,744 16,812 ......... .........
N Windowpane Flounder......... UNK 160 171 UNK 160 UNK 160
S Windowpane Flounder......... 513 384 -10 513 384 513 384
Ocean Pout*................... 125 87 -31 125 87 125 87
Atlantic Halibut.............. UNK 101 -5 UNK 101 UNK 101
Atlantic Wolffish*............ 122 92 2 122 92 122 92
----------------------------------------------------------------------------------------------------------------
UNK = Unknown.
Note: An empty cell indicates no OFL/ABC is adopted for that year. These catch limits would be set in a future
action.
Overfishing Limits and Acceptable Biological Catches
The overfishing limit (OFL) is calculated to set the maximum amount
of fish that can be caught in a year, without constituting overfishing.
The ABC is typically set lower than the OFL to account for scientific
uncertainty. For GB cod, GB haddock, and GB yellowtail flounder, the
total ABC is reduced by the amount of the Canadian quota (see Table 3
for the Canadian and U.S. shares of these stocks). Although the TMGC
recommendations were only for fishing year 2021, the portion of the
shared quota allocated to Canada in fishing year 2021 was used to
project U.S. ABCs for GB yellowtail for 2022 and for GB cod and haddock
for 2022 and 2023. This avoids artificially inflating the U.S. ABC up
to the total ABC for the 2022 and 2023 fishing years. The TMGC will
make new recommendations for 2022, which would replace any quotas for
these stocks set in this action. Additionally, although GB winter
flounder, white hake, and Atlantic halibut are not jointly managed with
Canada, there is some Canadian catch of these stocks. Because the total
ABC must account for all sources of fishing mortality, expected
Canadian catch of GB winter flounder (26 mt), white hake (39 mt), and
Atlantic halibut (49 mt) is deducted from the total ABC. The U.S. ABC
is the amount available to the U.S. fishery after accounting for
Canadian catch (see Table 5). For stocks without Canadian catch, the
U.S. ABC is equal to the total ABC.
The OFLs are currently unknown for GB cod, GB yellowtail flounder,
witch flounder, and Atlantic halibut. For 2021, the SSC recommended
maintaining the unknown OFL for GB yellowtail flounder and Atlantic
halibut, as well as setting the OFL for northern windowpane flounder as
unknown. The OFLs for GB cod and witch flounder were set by Framework
59. Empirical stock assessments are used for these five stocks, and
these assessments can no longer provide quantitative estimates of the
status determination criteria, nor were appropriate proxies for stock
status determination able to be developed. In the temporary absence of
an OFL, in this and previous actions, we have considered recent catch
data and estimated trends in stock biomass as an indication that the
catch limits derived from ABCs are sufficiently managing fishing
mortality at a rate that is preventing overfishing. For GB yellowtail
flounder, the SSC noted that the fishery does not appear to be the main
driver limiting stock recovery. However, the continued low stock
biomass and poor recruitment for this stock warrant the maintenance of
low catch levels. The 2020 assessment for northern windowpane used an
empirical method to estimate swept-area biomass and annual relative
exploitation rates, and generally showed a lack of decline over the
past decade and a declining relative exploitation rate. There are
indications that abundance of Atlantic halibut has increased
significantly over the last decade, and although the SSC noted that
catch is increasing, it supported the continued use of the method used
to provide catch advice since 2018. Based on these considerations, we
have preliminarily determined that these ABCs are a sufficient limit
for preventing overfishing and are consistent with the National
Standards. This action does not propose any changes to the status
determination criteria for these stocks.
Annual Catch Limits
Development of Annual Catch Limits
The U.S. ABC for each stock is divided among the various fishery
components to account for all sources of fishing mortality. An estimate
of catch expected from state waters and the other sub-component (e.g.,
non-groundfish fisheries or some recreational groundfish fisheries) is
deducted from the U.S. ABC. The remaining portion of the U.S. ABC is
distributed to the fishery components that receive an allocation for
the stock. Components of the fishery that receive an allocation have a
sub-ACL set by reducing their portion of the ABC to account for
management uncertainty and are subject to AMs if they exceed their
respective catch limit during the fishing year. For GOM cod and haddock
only, the U.S. ABC is first divided between the commercial and
recreational fisheries, before being further divided into sub-component
and sub-ACLs. This process is described fully in Appendix II of the
Framework 61 Environmental Assessment.
Sector and Common Pool Allocations
For stocks allocated to sectors, the commercial groundfish sub-ACL
is further divided into the non-sector (common pool) sub-ACL and the
sector sub-ACL, based on the total vessel enrollment in sectors and the
[[Page 33196]]
cumulative potential sector contributions (PSC) associated with those
sectors. The sector and common pool sub-ACLs proposed in this action
are based on final fishing year 2021 sector rosters. All permits
enrolled in a sector, and the vessels associated with those permits,
had until April 30, 2021, to withdraw from a sector and fish in the
common pool for the 2021 fishing year. In addition to the enrollment
delay, all permits that changed ownership after the roster deadline
were able to join a sector (or change sector) through April 30, 2021.
Common Pool Total Allowable Catches
The common pool sub-ACL for each allocated stock (except for SNE/MA
winter flounder) is further divided into trimester TACs. Table 9
summarizes the common pool trimester TACs proposed in this action.
Incidental catch TACs are also specified for certain stocks of
concern (i.e., stocks that are overfished or subject to overfishing)
for common pool vessels fishing in the special management programs
(i.e., special access programs (SAP) and the Regular B Days-at-Sea
(DAS) Program), in order to limit the catch of these stocks under each
program. Tables 10 through 13 summarize the proposed Incidental Catch
TACs for each stock and the distribution of these TACs to each special
management program.
Default Catch Limits for Future Fishing Years
Framework 53 established a mechanism for setting default catch
limits in the event a future management action is delayed. If final
catch limits have not been implemented by the start of a fishing year
on May 1, then default catch limits are set at 35 percent of the
previous year's catch limit. The default catch limits are effective
until July 31 of that fishing year, or when replaced by new catch
limits, whichever happens first. If the default value is higher than
the Council's recommended catch limit for the upcoming fishing year,
the default catch limits will be equal to the Council's recommended
catch limits for the applicable stocks for the upcoming fishing year.
Because most groundfish vessels are not able to fish if final catch
limits have not been implemented, this measure was established to allow
fishing to continue for a short-interim period to minimize disruption
to the groundfish fishery. Additional description of the default catch
limit mechanism is provided in the preamble to the Framework 53 final
rule (80 FR 25110; May 1, 2015).
Table 6--Proposed Catch Limits for the 2021 Fishing Year
[mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Common Midwater Small-
Stock Total ACL Groundfish Sector pool sub- Recreational trawl Scallop mesh State waters Other sub-
sub-ACL sub-ACL ACL sub-ACL fishery fishery fisheries sub-component component
A to H A+B+C A B C D E F G H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................................................ 1,250 1,093 1,045 48 .............. ......... ......... .......... 20 137
GOM Cod....................................................... 523 463 262 8.2 193 ......... ......... .......... 48 12
GB Haddock.................................................... 78,574 76,622 74,096 2,526 .............. 1,539 ......... .......... 0 414
GOM Haddock................................................... 15,843 15,575 10,023 258 5,295 156 ......... .......... 56 56
GB Yellowtail Flounder........................................ 78 64 59 5.1 .............. ......... 12 1.5 0.0 0.0
SNE/MA Yellowtail Flounder.................................... 21 16 12 3.6 .............. ......... 2.0 .......... 0.2 3.3
CC/GOM Yellowtail Flounder.................................... 787 692 651 41 .............. ......... ......... .......... 58 37
American Plaice............................................... 2,740 2,682 2,592 90 .............. ......... ......... .......... 29 29
Witch Flounder................................................ 1,414 1,317 1,273 44 .............. ......... ......... .......... 44 52
GB Winter Flounder............................................ 591 563 517 47 .............. ......... ......... .......... 0 27
GOM Winter Flounder........................................... 482 281 267 14 .............. ......... ......... .......... 194 7.5
SNE/MA Winter Flounder........................................ 441 288 247 41 .............. ......... ......... .......... 21 132
Redfish....................................................... 9,677 9,677 9,537 139 .............. ......... ......... .......... 0 0
White Hake.................................................... 2,041 2,019 1,994 25 .............. ......... ......... .......... 11 11
Pollock....................................................... 21,086 18,549 18,355 193 .............. ......... ......... .......... 1,434 1,103
N Windowpane Flounder......................................... 150 108 na 108 .............. ......... 31 .......... 0.8 10
S Windowpane Flounder......................................... 371 43 na 43 .............. ......... 129 .......... 23 177
Ocean Pout.................................................... 83 50 na 50 .............. ......... ......... .......... 0 33
Atlantic Halibut.............................................. 97 73 na 73 .............. ......... ......... .......... 20 3.5
Atlantic Wolffish............................................. 86 86 na 86 .............. ......... ......... .......... 0 0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: Not allocated to sectors.
Table 7--Proposed Catch Limits for the 2022 Fishing Year
[mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Common Midwater Small-
Stock Total ACL Groundfish Sector pool sub- Recreational trawl Scallop mesh State waters Other sub-
sub-ACL sub-ACL ACL sub-ACL fishery fishery fisheries sub-component component
A to H A+B+C A B C D E F G H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................................................ 1,250 1,093 1,045 48 .............. ......... ......... .......... 20 137
GOM Cod....................................................... 523 463 262 8.2 193 ......... ......... .......... 48 12
GB Haddock.................................................... 77,168 75,250 72,770 2,481 .............. 1,511 ......... .......... 0 406
GOM Haddock................................................... 10,873 10,690 6,879 177 3,634 107 ......... .......... 38 38
GB Yellowtail Flounder........................................ 78 64 59 5.1 .............. ......... 12 1.5 0 0
SNE/MA Yellowtail Flounder.................................... 21 16 12 3.6 .............. ......... 2.0 .......... 0.2 3.3
[[Page 33197]]
CC/GOM Yellowtail Flounder.................................... 787 692 651 41 .............. ......... ......... .......... 58 37
American Plaice............................................... 2,687 2,630 2,542 89 .............. ......... ......... .......... 28 28
Witch Flounder................................................ 1,414 1,317 1,273 44 .............. ......... ......... .......... 44 52
GB Winter Flounder............................................ 591 563 517 47 .............. ......... ......... .......... 0 27
GOM Winter Flounder........................................... 482 281 267 14 .............. ......... ......... .......... 194 7.5
SNE/MA Winter Flounder........................................ 441 288 247 41 .............. ......... ......... .......... 21 132
Redfish....................................................... 9,559 9,559 9,421 138 .............. ......... ......... .......... 0 0
White Hake.................................................... 2,041 2,019 1,994 25 .............. ......... ......... .......... 11 11
Pollock....................................................... 16,068 14,135 13,988 147 .............. ......... ......... .......... 1,093 841
N. Windowpane Flounder........................................ 150 108 na 108 .............. ......... 31 .......... 0.8 10
S. Windowpane Flounder........................................ 371 43 na 43 .............. ......... 129 .......... 23 177
Ocean Pout.................................................... 83 50 na 50 .............. ......... ......... .......... 0 33
Atlantic Halibut.............................................. 97 73 na 73 .............. ......... ......... .......... 20 3.5
Atlantic Wolffish............................................. 86 86 na 86 .............. ......... ......... .......... 0 0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Na: not allocated to sectors.
Table 8--Proposed Catch Limits for the 2023 Fishing Year
[mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Common Midwater Small-
Stock Total ACL Groundfish Sector pool sub- Recreational trawl Scallop mesh State waters Other sub-
sub-ACL sub-ACL ACL sub-ACL fishery fishery fisheries sub-component component
A to H A+B+C A B C D E F G H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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............................................ 591 563 517 47 .............. ......... ......... .......... 0 27
GOM Winter Flounder........................................... 482 281 267 14 .............. ......... ......... .......... 194 7.5
SNE/MA Winter Flounder........................................ 441 288 247 41 .............. ......... ......... .......... 21 132
Redfish....................................................... 9,469 9,469 9,332 136 .............. ......... ......... .......... 0 0
White Hake *.................................................. .......... ........... ........ ......... .............. ......... ......... .......... ............... ...............
Pollock *..................................................... .......... ........... ........ ......... .............. ......... ......... .......... ............... ...............
N Windowpane Flounder......................................... 150 108 na 108 .............. ......... 31 .......... 0.8 10
S Windowpane Flounder......................................... 371 43 na 43 .............. ......... 129 .......... 23 177
Ocean Pout.................................................... 83 50 na 50 .............. ......... ......... .......... 0 33
Atlantic Halibut.............................................. 97 73 na 73 .............. ......... ......... .......... 20 3.5
Atlantic Wolffish............................................. 86 86 na 86 .............. ......... ......... .......... 0 0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: Not allocated to sectors.
* These stocks only have an allocation for fishing years 2021-2022, previously approved in Framework 59.
** Framework 61 proposes allocations for GB yellowtail flounder for fishing years 2021 and 2022 only.
Table 9--Proposed Fishing Years 2021-2023 Common Pool Trimester TACs
[mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2021 2022 2023
Stock ----------------------------------------------------------------------------------------------------------------------
Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................... 13.4 16.3 18.2 13.4 16.3 18.2 ........... ........... ...........
GOM Cod.......................... 4.0 2.7 1.5 4.0 2.7 1.5 ........... ........... ...........
GB Haddock....................... 682.0 833.5 1010.4 669.8 818.6 992.3 ........... ........... ...........
GOM Haddock...................... 69.6 67.1 121.2 47.8 46.0 83.2 ........... ........... ...........
GB Yellowtail Flounder........... 1.0 1.5 2.6 1.0 1.5 2.6 ........... ........... ...........
SNE/MA Yellowtail Flounder....... 0.8 1.0 1.8 0.8 1.0 1.8 ........... ........... ...........
[[Page 33198]]
CC/GOM Yellowtail Flounder....... 23.6 10.8 7.0 23.6 10.8 7.0 ........... ........... ...........
American Plaice.................. 66.8 7.2 16.3 65.5 7.1 15.9 ........... ........... ...........
Witch Flounder................... 24.3 8.8 11.0 24.3 8.8 11.0 ........... ........... ...........
GB Winter Flounder............... 3.7 11.2 31.7 3.7 11.2 31.7 3.7 11.2 31.7
GOM Winter Flounder.............. 5.1 5.3 3.5 5.1 5.3 3.5 5.1 5.3 3.5
Redfish.......................... 34.8 43.2 61.3 34.4 42.7 60.6 34.1 42.3 60.0
White Hake....................... 9.5 7.8 7.8 9.5 7.8 7.8 ........... ........... ...........
Pollock.......................... 54.1 67.6 71.5 41.2 51.5 54.5 ........... ........... ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 10--Proposed Common Pool Incidental Catch TACs for the 2021-2023 Fishing Years
[mt, live weight]
----------------------------------------------------------------------------------------------------------------
Percentage of
Stock common pool sub- 2020 2021 2022
ACL
----------------------------------------------------------------------------------------------------------------
GB Cod......................................... 1.68 0.81 0.81 ..............
GOM Cod........................................ 1 0.08 0.08 ..............
GB Yellowtail Flounder......................... 2 0.10 0.10 ..............
CC/GOM Yellowtail Flounder..................... 1 0.41 0.41 ..............
American Plaice................................ 5 4.51 4.43 ..............
Witch Flounder................................. 5 2.21 2.21 ..............
SNE/MA Winter Flounder......................... 1 0.41 0.41 0.41
----------------------------------------------------------------------------------------------------------------
Table 11--Percentage of Incidental Catch TACs Distributed to Each
Special Management Program
------------------------------------------------------------------------
Regular B DAS Eastern U.S./
Stock program CA haddock
(percent) SAP (percent)
------------------------------------------------------------------------
GB Cod.................................. 60 40
GOM Cod................................. 100 n/a
GB Yellowtail Flounder.................. 50 50
CC/GOM Yellowtail Flounder.............. 100 n/a
American Plaice......................... 100 n/a
Witch Flounder.......................... 100 n/a
SNE/MA Winter Flounder.................. 100 n/a
------------------------------------------------------------------------
Table 12--Proposed Fishing Years 2021-2023 Incidental Catch TACs for Each Special Management Program
[mt, live weight]
----------------------------------------------------------------------------------------------------------------
Regular B DAS program Eastern U.S./Canada haddock SAP
Stock -----------------------------------------------------------------------------
2021 2022 2023 2021 2022 2023
----------------------------------------------------------------------------------------------------------------
GB Cod............................ 0.48 0.48 ........... 0.32 0.32 ...........
GOM Cod........................... 0.08 0.08 ........... n/a n/a n/a
GB Yellowtail Flounder............ 0.05 0.05 ........... 0.05 0.05 ...........
CC/GOM Yellowtail Flounder........ 0.41 0.41 ........... n/a n/a n/a
American Plaice................... 4.51 4.43 ........... n/a n/a n/a
Witch Flounder.................... 2.21 2.21 ........... n/a n/a n/a
SNE/MA Winter Flounder............ 0.41 0.41 0.41 n/a n/a n/a
----------------------------------------------------------------------------------------------------------------
Table 13--Proposed Fishing Years 2021-2023 Regular B DAS Program Quarterly Incidental Catch TACs
[mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
2021 2022 2023
-------------------------------------------------------------------------------------------------------------------------
1st 2nd 3rd 4th 1st 2nd 3rd 4th 1st 2nd 3rd 4th
Stock Quarter Quarter Quarter Quarter Quarter Quarter Quarter Quarter Quarter Quarter Quarter Quarter
(13 (29 (29 (29 (13 (29 (29 (29 (13 (29 (29 (29
percent) percent) percent) percent) percent) percent) percent) percent) percent) percent) percent) percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................ 0.06 0.14 0.14 0.14 0.06 0.14 0.14 0.14 ........ ........ ........ ........
GOM Cod....................... 0.01 0.02 0.02 0.02 0.01 0.02 0.02 0.02 ........ ........ ........ ........
GB Yellowtail Flounder........ 0.007 0.015 0.015 0.015 0.01 0.01 0.01 0.01 ........ ........ ........ ........
[[Page 33199]]
CC/GOM Yellowtail Flounder.... 0.05 0.12 0.12 0.12 0.05 0.12 0.12 0.12 ........ ........ ........ ........
American Plaice............... 0.59 1.31 1.31 1.31 0.58 1.28 1.28 1.28 ........ ........ ........ ........
Witch Flounder................ 0.29 0.64 0.64 0.64 0.29 0.64 0.64 0.64 ........ ........ ........ ........
SNE/MA Winter Flounder........ 0.05 0.12 0.12 0.12 0.05 0.12 0.12 0.12 0.05 0.12 0.12 0.12
--------------------------------------------------------------------------------------------------------------------------------------------------------
6. Universal Sector Exemption for Acadian Redfish (Redfish)
Proposed Universal Sector Exemption for Redfish
This rule proposes to approve and implement a new universal sector
exemption that would allow sector vessels to target redfish within a
defined area using a 5.5-inch (14.0- centimeters (cm)) mesh codend.
Redfish is a healthy stock that sectors already harvest under a sector
exemption that is evaluated and approved as part of the sector
operations plan process annually or biennially. The redfish exemption
was most recently approved in the 2021-2022 sector final rule (86 FR
22898; April 30, 2021), under the Regional Administrator's authority
(50 CFR 648.87(c)(2)). As part of this rule, which proposes to approve
a new universal sector exemption for redfish, we would also eliminate
the current sector exemption for redfish. This will prevent conflict
and confusion between two very similar exemptions, and is consistent
with the Council's intent to replace the current redfish sector
exemption with a new universal redfish exemption for sectors.
Since fishing year 2012, we have approved annual exemptions that
allow sector vessels to target redfish with a sub-legal size mesh
codend, ranging from 4.5 inches (11.4 cm) to 6 inches (15.2 cm), with
different versions of the exemptions requiring different levels of
monitoring, different catch thresholds, and different areas where
vessels are allowed to use the exemption. Currently, the exemption
allows vessels to fish with a 5.5-inch (14.0-cm) codend, with standard
at-sea or electronic monitoring coverage, in a defined redfish
exemption area (Figure 1). Sectors must also meet a 50-percent or
greater redfish catch threshold and a less than 5-percent groundfish
discards threshold, each on a monthly basis. This exemption is
monitored and approved as part of the standard sector operations plan
annual or biennial approval process, which considers the objectives of
the FMP in approving and disapproving exemption requests.
The proposed universal exemption would expand the current redfish
exemption area (Figure 2), create two seasonal closures of the redfish
exemption area, add a 55-percent or greater annual redfish catch
threshold, modify the existing monthly catch and discard thresholds,
and create provisions that require sectors to be placed in probationary
status and/or have their vessels prohibited from using the universal
exemption if catch or discard thresholds are not met. The reporting and
monitoring requirements of the universal exemption would remain the
same as the annually approved redfish exemption, however, those
requirements would be codified in regulation rather than detailed in
sector operations plans. The Council put forward a universal redfish
exemption, instead of an annual sector exemption, in order to increase
stability for fishery participants and to improve Council oversight of
the redfish fishery.
If approved, the redfish exemption would be added to the list of
universal sector exemptions. Additionally, a sector redfish exemption
program, corresponding to the universal exemption, would be described
in regulations, defining terms of the program, including vessel
eligibility, area, gear, monitoring thresholds, and other
administrative elements of the exemption program. Under the program,
eligibility would be limited to sector vessels that hold Northeast
multispecies permits permitting the use of 6.5-inch (16.5-cm) inch
codends under existing regulations. The defined Redfish Exemption Area
would encompass much of the offshore portion of the Gulf of Maine
regulated mesh area south of 43 degrees 20 minutes North latitude, and
portions of the Georges Bank regulated mesh area north of 42 degrees
North latitude (Figure 2). There would be two seasonal closures of the
Redfish Exemption Area: The Redfish Exemption Area Cod Closure and the
Redfish Exemption Area Seasonal Closure II. The Redfish Exemption Area
Cod Closure, which aligns with block 131, would be closed to redfish
exemption fishing for the months of February and March to avoid catch
of Gulf of Maine cod (Figure 2). The Redfish Exemption Area Seasonal
Closure II, which includes the United States portion of statistical
area 464, would be closed to redfish exemption fishing from September 1
through December 31 to reduce catch of non-redfish stocks (Figure 2).
Vessels fishing under the proposed universal exemption would continue
to be prohibited from fishing in groundfish closure areas, habitat
management areas, or any other areas that prohibit fishing with trawl
gear that fall within the bounds of the Redfish Exemption Area.
BILLING CODE 3510-22-P
[[Page 33200]]
[GRAPHIC] [TIFF OMITTED] TP24JN21.004
[[Page 33201]]
[GRAPHIC] [TIFF OMITTED] TP24JN21.005
BILLING CODE 3510-22-C
Vessels planning to fish under the provisions of the proposed
exemption program would be required to declare their intent to fish
under the exemption prior to leaving the dock. Vessels would also be
required to submit pre-trip notifications for observer coverage
selection, and to carry observers or at-sea monitors if selected for
coverage, or to use electronic monitoring consistent with monitoring
regulations. Vessels declaring into the program would be required to
submit daily catch reports even if they do not use the exemption.
Vessels would be allowed to fish for groundfish as they normally would
on the first part of their groundfish trip, inside or out of the
Redfish Exemption Area. Prior to fishing with a smaller mesh codend
under the universal exemption, vessels would be required to notify NMFS
that they are switching to small mesh; this notification indicates that
the vessel is now on the redfish portion of its trip. Vessels would be
prohibited from fishing outside the Redfish Exemption Area when on the
redfish exemption portion of their trip, and all activity during this
portion of the trip, regardless of mesh size, would contribute to catch
and discard thresholds. Vessels that do not submit this notification,
daily catch reports, or declare into the exemption program would be
prohibited from participating in the exemption for that trip. On the
redfish portion of their trips, vessels would be allowed to use a
codend with mesh of 5.5 inches (14.0 cm) or larger, square or diamond.
Codends with mesh smaller than would otherwise be permitted by
regulation would be required to be stowed during transit to and from
the Redfish Exemption Area, and when not in use. Vessels would also be
required to stow any non-trawl gear for the duration of a trip where
the vessel has declared its intent to fish under the redfish exemption.
The proposed universal redfish exemption would require sectors to
meet several catch and discard thresholds to encourage responsible use
of the exemption by sector vessels to harvest redfish. The thresholds
include a monthly landings threshold of 50-percent or greater redfish
among landings of allocated groundfish, a monthly discard threshold of
5-percent or less discards of all groundfish from total observed catch,
and an annual landings threshold of 55-percent or greater redfish among
landings of allocated groundfish. All thresholds would be for the
exemption portion of trips by the vessels in each sector. If the
vessels in a sector fail to meet the monthly landings or discard
thresholds for four or more months or three consecutive months in a
fishing year, the Regional Administrator would be required to prohibit
vessels in that sector from fishing under the exemption for the
remainder of the fishing year. Additionally, the Regional Administrator
would be required to place the sector in a probationary status
[[Page 33202]]
for the following fishing year. Similarly, if the vessels in a sector
failed to meet the annual landings threshold in a given fishing year,
the Regional Administrator would be required to place the sector in a
probationary status the following fishing year. If a sector is under
probationary status and fails to meet either the monthly landings or
discard thresholds for four or more months or three consecutive months,
the Regional Administrator would be required to prohibit vessels in
that sector from fishing under the redfish exemption for the remainder
of that fishing year, and the following fishing year. If the vessels in
a sector under probationary status fail to meet the annual catch
threshold, then the Regional Administrator would be required to
prohibit vessels in that sector from fishing under the exemption for
the following fishing year. NMFS would monitor the thresholds, notify
sectors if they fail to meet the thresholds, and make necessary changes
to sector operations plans and letters of authorization to implement
probationary status or prohibitions on exemption fishing as needed.
The Council would review the universal redfish exemption after the
next peer-reviewed stock assessment is completed for the redfish stock.
The review would consider the Council's goals and objectives for the
exemption including: To achieve optimum yield of redfish, to allow the
use of efficient mesh codend to harvest redfish, to increase redfish
harvest while reducing bycatch of other stocks, to allow operational
flexibility for vessels targeting redfish, and to exclude areas from
the exemption which provide little opportunity to efficiently target
redfish or achieve performance thresholds.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary determination that
this proposed rule is consistent with Framework 61, other provisions of
the Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment. In making the final determination,
we will consider the data, views, and comments received during the
public comment period.
This proposed rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This proposed rule does not contain policies with federalism or
takings implications as those terms are defined in E.O. 13132 and E.O.
12630, respectively.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual determination for this determination is as follows.
Periodic framework adjustments are used to revise the Northeast
Multispecies FMP in response to new scientific information to support
catch limits that prevent overfishing and other adjustments to improve
management measures included in the FMP. Framework 61 proposes to
revise groundfish fishery specifications for fishing years 2021-2023
(May 1, 2021, through April 30, 2024) for nine groundfish stocks.
Specifications for shared U.S./Canada groundfish stocks would also be
updated for the 2021 fishing year. The recreational groundfish,
Atlantic sea scallop, small-mesh multispecies, Atlantic herring, and
large-mesh non-groundfish fisheries would be affected by the setting of
specifications and sub-allocations of various groundfish stocks
including: GOM cod and GOM haddock for the recreational groundfish
fishery, four flatfish stocks (GB yellowtail flounder, SNE/MA
yellowtail flounder, northern windowpane flounder, and southern
windowpane founder) for the Atlantic sea scallop fishery, GB yellowtail
flounder for the small-mesh groundfish fishery, and GOM and GB haddock
for the Atlantic herring midwater trawl fishery. Framework 61 would
also revise SDCs for GB winter flounder and SNE/MA winter flounder as
well as revise the stock rebuilding strategy for white hake. Lastly,
Framework 61 would implement a universal sector exemption to allow
sectors to target redfish with 5.5-inch (14.0-cm) mesh codend in a
specified exemption area.
The Regulatory Flexibility Act (RFA) requires Federal agencies to
consider disproportionality and profitability to determine the
significance of regulatory impacts. For RFA purposes only, NMFS has
established a small business size standard for businesses, including
their affiliates, whose primary industry is commercial fishing (see 50
CFR 200.2). A business primarily engaged in commercial fishing (NAICS
code 11411) is classified as a small business if it is independently
owned and operated, is not dominant in its field of operation
(including its affiliates), and has combined annual receipts not in
excess of $11 million for all its affiliated operations worldwide. The
determination as to whether the entity is large or small is based on
the average annual revenue for the three years from 2017 through 2019.
The Small Business Administration (SBA) has established size standards
for all other major industry sectors in the U.S., including for-hire
fishing (NAICS code 487210). These entities are classified as small
businesses if combined annual receipts are not in excess of $8.0
million for all its affiliated operations. As with commercial fishing
businesses, the annual average of the three most recent years (2017-
2019) is utilized in determining annual receipts for businesses
primarily engaged in for-hire fishing.
As of June 1, 2020, NMFS had issued 762 commercial limited-access
groundfish permits associated with vessels (including those in
confirmation of permit history, CPH), 584 party/charter groundfish
permits, 706 limited access and general category Atlantic sea scallop
permits, 693 small-mesh multispecies permits, 81 Atlantic herring
permits, and 810 large-mesh non-groundfish permits (limited access
summer flounder and scup permits). Therefore, this action potentially
regulates 3,636 permits. When accounting for overlaps between
fisheries, this number falls to 2,102 permitted vessels. Each vessel
may be individually owned or part of a larger corporate ownership
structure, and for RFA purposes, it is the ownership entity that is
ultimately regulated by the proposed action. Ownership entities are
identified on June 1st of each year based on the list of all permit
numbers, for the most recent complete calendar year, that have applied
for any type of Northeast Federal fishing permit. The current ownership
data set is based on calendar year 2019 permits and contains gross
sales associated with those permits for calendar years 2017 through
2019.
Based on the ownership data, 1,637 distinct business entities hold
at least one permit that the proposed action potentially regulates. All
1,637 business entities identified could be directly regulated by this
proposed action. Of these 1,637 entities, 1,000 are commercial fishing
entities, 293 are for-hire entities, and 344 did not have revenues
(were inactive in 2019). Of the 1,000 commercial fishing entities, 990
are categorized as small entities and 10 are categorized as large
entities, per the NMFS guidelines. All 293 for-hire entities are
categorized as small businesses.
The Framework 61 measures would enhance the operational flexibility
of fishermen and increase profits overall. The measures proposed in
Framework 61 are estimated to generate $44.9-$45.3 million in sector
revenue from the catch
[[Page 33203]]
of Multispecies groundfish, $62.7-$63.5 million in total revenue from
all fish caught on sector groundfish trips, and $46.4-$47.1 million in
operating profit from sector groundfish trips during fishing year 2021.
Under No Action, estimated sector revenue from the catch of
Multispecies groundfish is $11.4 million, revenue from all fish caught
on sector groundfish trips is $16.0 million, and operating profit from
sector groundfish trips is $11.8 million. Small entities engaged in the
commercial sector groundfish fishery will therefore be positively
impacted by the proposed action, relative to No Action. Small entities
engaged in common pool groundfish fishing are also expected to be
positively impacted by the proposed action. Other commercial fisheries
which have sub-ACLs for groundfish stocks (Atlantic sea scallop,
Atlantic herring, small-mesh multispecies, large-mesh non-groundfish),
are not expected to be negatively impacted by the proposed action, if
catch follows recent performance in these fisheries. The details of
these economic analyses are included in Framework 58 (see ADDRESSES).
This action is not expected to have a significant economic impact
on a substantial number of small entities. The effects on the regulated
small entities identified in this analysis are expected to be positive
relative to the no action alternative, which would result in lower
revenues and profits than the proposed action. These measures would
enhance the operational flexibility of groundfish fishermen, and
increase profits. Under the proposed action, small entities would not
be placed at a competitive disadvantage relative to large entities, and
the regulations would not reduce the profits for any small entities
relative to taking no action. As a result, an initial regulatory
flexibility analysis is not required and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping, and reporting requirements.
Dated: June 21, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.14, add paragraph (k)(21) to read as follows:
Sec. 648.14 Prohibitions.
* * * * *
(k) * * *
(21) Universal sector exemption programs--(i) Redfish Exemption
Program. (A) While fishing under the provisions of the Redfish
Exemption Program, it is unlawful for any person to:
(1) Fish with a codend of mesh smaller than 5.5-inch (14.0-cm)
diamond or square,
(2) Fish outside of the Redfish Exemption Area specified in Sec.
648.85(e)(1)(ii),
(3) Fish in the Redfish Exemption Area Cod Closure specified in
Sec. 648.85(e)(1)(ii)(A) during the closure period,
(4) Fish in the Redfish Exemption Area Seasonal Closure II
specified in Sec. 648.85(e)(1)(ii)(B) during the closure period,
(5) Fail to comply with the declaration requirements of the Redfish
Exemption Program specified in Sec. 648.85(e)(1)(iv),
(6) Fail to comply with the reporting requirements of the Redfish
Exemption Program specified in Sec. 648.85(e)(1)(v), or
(7) Fail to comply with the gear requirements of the Redfish
Exemption Program specified in Sec. 648.85(e)(1)(vii), or fish with
any gear other than trawl.
(B) It is unlawful for any person to fish under the provisions of
the Redfish Exemption Program when prohibited from doing so by the
Regional Administrator under Sec. 648.85(e)(1)(viii)(C), or when
ineligible or prohibited for any other reason.
(ii) [Reserved]
* * * * *
0
3. In Sec. 648.85, add paragraph (e) to read as follows:
Sec. 648.85 Special management programs.
* * * * *
(e) Universal exemption programs for sector vessels--(1) Redfish
Exemption Program--(i) Eligibility. Any vessel enrolled in a NMFS
approved Northeast multispecies sector and issued a limited access
Northeast multispecies permit that allows the use of trawl gear
consistent with paragraph (e)(1)(vii) of this section may fish in
compliance with the provisions of the Redfish Exemption Program
described in paragraphs (e)(1)(ii) through (viii) of this section,
except those vessels enrolled in a sector whose members have been
prohibited from doing so by the Regional Administrator under paragraph
(e)(1)(viii)(C) of this section, or those vessels ineligible or
prohibited for any other reason. Letters of authorization issued
pursuant to Sec. 648.87(c)(2) shall authorize or prohibit
participation in the program by sector vessels consistent with
paragraph (e)(1)(viii)(C) of this section.
(ii) Redfish Exemption Area. The Redfish Exemption Area is the area
defined by straight lines connecting the following points in the order
stated (a chart depicting this area is available from the Regional
Administrator upon request):
Table 14 to Paragraph (e)(1)(ii)
------------------------------------------------------------------------
Point N Lat. W Long.
------------------------------------------------------------------------
A................................ 43[deg]00'........ 69[deg]55'
B................................ 43[deg]00'........ 69[deg]30'
C................................ 43[deg]20'........ 69[deg]30'
D................................ 43[deg]20'........ (\1\)
E................................ 42[deg]53.24'..... 67[deg]44.55'
F................................ 42[deg]20'........ (\2\)
G................................ 42[deg]20'........ 67[deg]40'
H................................ 42[deg]20'........ 67[deg]40'
I................................ 42[deg]00'........ 69[deg]37'
J................................ 42[deg]20'........ 69[deg]55'
A................................ 43[deg]00'........ 69[deg]55'
------------------------------------------------------------------------
\1\ US EEZ longitude, approximately 67[deg]35.07'.
\2\ US EEZ longitude, approximately 67[deg]18.17'.
(A) Redfish Exemption Area Cod Closure. No vessel may participate
in the Redfish Exemption Program inside the Redfish Exemption Area Cod
Closure from February 1 through March 31 of each year. The Redfish
Exemption Area Cod Closure is the area defined by straight lines
connecting the following points in the order stated:
Table 15 to Paragraph (e)(1)(ii)(A)
------------------------------------------------------------------------
Point N Lat. W Long.
------------------------------------------------------------------------
A................................ 43[deg]00'........ 69[deg]55'
B................................ 43[deg]00'........ 69[deg]30'
K................................ 42[deg]30'........ 69[deg]30'
L................................ 42[deg]30'........ 69[deg]55'
A................................ 43[deg]00'........ 69[deg]55'
------------------------------------------------------------------------
(B) Redfish Exemption Area Seasonal Closure II. No vessel may
participate in the Redfish Exemption Program inside the Redfish
Exemption Area Seasonal Closure II from September 1 through December 31
of each year. The Redfish Exemption Area Seasonal Closure II is the
area defined by straight lines connecting the following points in the
order stated:
Table 16 to Paragraph (e)(1)(ii)(B)
------------------------------------------------------------------------
Point N Lat. W Long.
------------------------------------------------------------------------
M................................ 42[deg]47.17'..... 67[deg]40'
F................................ 42[deg]20'........ (\1\)
[[Page 33204]]
G................................ 42[deg]20'........ 67[deg]40'
M................................ 42[deg]47.17'..... 67[deg]40'
------------------------------------------------------------------------
\1\ US EEZ longitude, approximately 67[deg]18.17'.
(C) No vessel may participate in the Redfish Exemption Program in
any areas that are otherwise closed to fishing for Northeast
multispecies or fishing with trawl gear, including but not limited to
year-round closed areas, seasonal closed areas, or habitat closures.
(iii) Season. An eligible vessel as described in paragraph
(e)(1)(i) of this section may participate in the Redfish Exemption
Program from May 1 through April 30 of each year as authorized in the
vessel's letter of authorization issued pursuant to Sec. 648.87(c)(2),
unless otherwise prohibited in the letter of authorization under
paragraph (e)(1)(viii)(C) of this section.
(iv) Declaration. To participate in the Redfish Exemption Program
on a sector trip, an eligible vessel must declare its intent to do so
through the VMS prior to leaving the dock, in accordance with
instructions provided by the Regional Administrator.
(A) Pre-trip notification. For the purposes of selecting vessels
for observer deployment or electronic monitoring, a vessel
participating in the Redfish Exemption Program must comply with all
pre-trip notification requirements at Sec. 648.11(l).
(B) [Reserved]
(v) Reporting--(A) Daily catch reporting. The owner or operator of
a vessel that has declared into the Redfish Exemption Program as
required in paragraph (e)(1)(iv) of this section must submit catch
reports via VMS, for each day of the fishing trip. Vessels subject to
the daily reporting requirement must report daily for the entire
fishing trip, including any portion fished outside of the Redfish
Exemption Area. The reports must be submitted in 24-hr intervals for
each day, beginning at 0000 hr and ending at 2359 hr, and must be
submitted by 0900 hr of the following day, or as instructed by the
Regional Administrator. The reports must include at least the following
information:
(1) VTR serial number or other universal ID specified by the
Regional Administrator;
(2) Date fish were caught and statistical area in which fish were
caught; and
(3) Total pounds of each regulated Northeast multispecies and ocean
pout kept (in pounds, live weight) as well as the total pounds of other
kept catch (in pounds, live weight) in each statistical area, as
instructed by the Regional Administrator.
(B) Redfish exemption fishing notification. Before switching to a
smaller mesh codend allowed under the Redfish Exemption Program, the
owner or operator of a vessel must submit a redfish exemption fishing
notification. This notification is provided with an additional catch
report submitted via VMS, reporting all catch on board and indicating
that the vessel is switching to a smaller mesh codend. This
notification indicates that the vessel is now fishing under the
provisions of the Redfish Exemption Program. Vessels that fail to
declare into the Redfish Exemption Program as required in paragraph
(e)(1)(iv) of this section may not fish under the Redfish Exemption
Program even if this notification is sent. The notification must
include at least the following information:
(1) VTR serial number or other universal ID specified by the
Regional Administrator;
(2) Date fish were caught and statistical area in which fish were
caught;
(3) Total pounds of each regulated Northeast multispecies and ocean
pout kept (in pounds, live weight) as well as the total pounds of other
kept catch (in pounds, live weight) in each statistical area, as
instructed by the Regional Administrator; and
(4) Indication that the vessel is now switching to a smaller mesh
codend.
(vi) Area fished. (A) A vessel that has declared its intent to fish
under the Redfish Exemption Program consistent with paragraph
(e)(1)(iv) of this section may conduct the first part of its trip
outside the provisions of the Redfish Exemption Program, subject to all
other Northeast multispecies regulations including codend mesh size,
prior to sending a redfish exemption fishing notification as described
in paragraph (e)(1)(v)(B) of this section.
(B) Once a vessel has sent a redfish exemption fishing notification
as described in paragraph (e)(1)(v)(B) of this section, the vessel is
prohibited from fishing outside of the Redfish Exemption Area for the
remainder of its trip.
(vii) Gear requirements. Vessels may only use trawl gear when
declared into and fishing in the Redfish Exemption Program. Vessels may
fish in the Redfish Exemption Program with any trawl gear, including,
but not limited to, otter trawl, haddock separator trawl, flounder
trawl, or Ruhle trawl.
(A) Minimum codend mesh size. The minimum codend mesh size for
vessels fishing in the Redfish Exemption Program is 5.5-inch square or
diamond mesh. All other trawl net restrictions listed in Sec.
648.80(a)(3)(i) and (a)(4)(i), including minimum mesh sizes for the net
body and extensions, still apply.
(B) Gear stowage. Codends with mesh smaller than otherwise
permitted by regulation at Sec. 648.80(a)(3)(i) and (a)(4)(i), or
Sec. 648.87(c)(2)(ii)(D), must be stowed during transit to and from
the Redfish Exemption Area, and when not in use under the Redfish
Exemption Program. Any non-trawl fishing gear must be stowed for the
duration of any trip for which a vessel declared its intent to fish
under the Redfish Exemption Program consistent with paragraph
(e)(1)(iv) of this section. Stowed gear must be not available for
immediate use consistent with definitions in Sec. 648.2
(viii) Catch Thresholds--(A) Monthly Performance Thresholds. (1)
Monthly Redfish Landings Threshold--Monthly redfish landings by a
sector whose member vessels fish under the provisions of the Redfish
Exemption Program may not be less than 50 percent of all the allocated
Northeast multispecies stocks landed each month while fishing under the
provisions of the Redfish Exemption Program.
(2) Monthly Discards Threshold--Monthly observed discards of
regulated Northeast multispecies and ocean pout by a sector whose
member vessels fish under the provisions of the Redfish Exemption
Program may not exceed 5 percent of total observed kept catch, for
those portions of trips fished each month under the provisions of the
Redfish Exemption Program.
(B) Annual Performance Thresholds. (1) Annual Redfish Landings
Threshold--Annual fishing year redfish landings by a sector whose
member vessels fish under the provisions of the Redfish Exemption
Program may be no less than 55 percent of all the allocated Northeast
multispecies stocks landed while fishing under the provisions of the
Redfish Exemption Program.
(C) Administration of Thresholds. (1) If a sector fails to meet the
monthly redfish landings threshold or the monthly discards threshold
described in paragraphs (e)(1)(viii)(A)(1) and (2) of this section for
four or more months total, or three or more consecutive months, in a
fishing year, the Regional Administrator shall prohibit all vessels in
that sector from fishing under the provisions of the Redfish Exemption
Program for the remainder of the fishing year, and place the sector and
its vessels in a probationary status for one fishing year beginning the
following fishing year.
[[Page 33205]]
(2) If a sector fails to meet the annual redfish landings threshold
described in paragraph (e)(1)(viii)(B)(1) of this section in a fishing
year, the Regional Administrator shall place the sector and its vessels
in a probationary status for one fishing year beginning the following
fishing year.
(3) While in probationary status as described in paragraph
(e)(1)(viii)(C)(1) or (2) of this section, if the sector fails to meet
the monthly redfish landings threshold or the monthly discards
threshold described in paragraphs (e)(1)(viii)(A)(1) and (2) of this
section for four or more months total, or three or more consecutive
months, in that fishing year, the Regional Administrator shall prohibit
all vessels in that sector from fishing under the provisions of the
Redfish Exemption Program for the remainder of the fishing year and the
following fishing year.
(4) If a sector fails to meet the annual redfish landings threshold
in (e)(1)(viii)(B)(1) of this section for any fishing year during which
the sector is in a probationary status as described in paragraph
(e)(1)(viii)(C)(1) or (2) of this section, the Regional Administrator
shall prohibit all vessels in that sector from fishing under the
provisions of the Redfish Exemption Program for the following fishing
year.
(5) The Regional Administrator may determine a sector has failed to
meet required monthly or annual thresholds described in paragraphs
(e)(1)(viii)(A) and (B) of this section using available information
including, but not limited to, vessel declarations and notifications,
vessel trip reports, dealer reports, and observer and electronic
monitoring records.
(6) The Regional Administrator shall notify a sector of a failure
to meet the required monthly or annual thresholds and the sector's
vessels prohibition or probation status consistent with the provisions
in paragraphs (e)(1)(viii)(C)(1) through (5) of this section. The
Regional Administrator shall also make administrative amendments to the
approved sector operations plan and issue sector vessel letters of
authorization consistent with the provisions in paragraphs
(e)(1)(viii)(C)(1) through (5) of this section. These administrative
amendments may be made during a fishing year or during the sector
operations plan and sector contract approval process.
(7) A sector may request in writing that the Regional Administrator
review and reverse a determination made under the provisions of this
section within 30 days of the date of the Regional Administrator's
determination. Any such request must be based on information showing
the sector complied with the required thresholds, including, but not
limited to, landing, discard, observer or electronic monitoring
records. The Regional Administrator will review and maintain or reverse
the determination and notify the sector of this decision in writing.
Any determination resulting from a review conducted under this
provision is final and may not be reviewed further.
(ix) Program review. The Council will review the Redfish Exemption
Program after the first peer-reviewed redfish stock assessment
following implementation of the program. The Council will prepare a
report, which may include, but is not limited to, an evaluation of
threshold performance, vessel-level performance, bycatch of non-redfish
stocks, and changes in catch selectivity, and will consider the goals
and objectives of the Redfish Exemption Program and the FMP, The
Council may decide, as needed, to conduct additional reviews following
the review outlined in this section.
(2) [Reserved]
* * * * *
0
4. Amend Sec. 648.87 by revising paragraphs (c)(2)(ii)(B) through (D)
and adding paragraph (c)(2)(ii)(E) to read as follows:
Sec. 648.87 Sector allocation.
* * * * *
(c) * * *
(2) * * *
(ii) * * *
(B) The GOM Cod Protection Closures IV and V specified in Sec.
648.81(d)(4)(iv) and (v);
(C) NE multispecies DAS restrictions other than those required to
comply with effort controls in other fisheries, as specified in
Sec. Sec. 648.92 and 648.322;
(D) The minimum codend mesh size restrictions for trawl gear
specified in Sec. 648.80(a)(4)(i) when using a haddock separator trawl
defined in Sec. 648.85(a)(3)(iii) or the Ruhle trawl defined in Sec.
648.85(b)(6)(iv)(J)(3) within the GB RMA, as defined in Sec.
648.80(a)(2), provided sector vessels use a codend with 6-inch (15.2-
cm) minimum mesh; and
(E) The minimum codend mesh size restrictions for trawl gear
specified in Sec. 648.80(a)(3)(i) or (a)(4)(i) when fishing in
compliance with the provisions of the Redfish Exemption Program defined
in Sec. 648.85(e)(1).
* * * * *
[FR Doc. 2021-13410 Filed 6-23-21; 8:45 am]
BILLING CODE 3510-22-P
