[Federal Register Volume 79, Number 221 (Monday, November 17, 2014)]
[Proposed Rules]
[Pages 68396-68404]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27084]
[[Page 68396]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140507412-4914-01]
RIN 0648-BE22
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Groundfish Fishery; Framework Adjustment 52
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: Framework Adjustment 52 to the Northeast Multispecies Fishery
Management Plan proposes two modifications to the windowpane flounder
accountability measures. First, the size of the accountability measure
gear restricted areas could be reduced if NMFS determines that
improvements in windowpane flounder stock health occurred despite the
catch limits being exceeded. Second, the duration of the accountability
measure could be shortened if NMFS determines that an overage of the
catch limit did not occur the previous fishing year. The proposed
measures would allow NMFS to implement accountability measures based on
more current survey and catch data. This proposed action is intended to
increase fishing opportunities for the groundfish fishery while still
preventing overfishing.
DATES: Comments must be received by December 2, 2014.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2014-0079,
by any of the following methods:
Electronic submissions: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0079, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to John K. Bullard, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope,
``Comments on the Proposed Rule for Groundfish Framework Adjustment
52.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous). Attachments to electronic comments will be accepted in
Microsoft Word, Excel, or Adobe PDF file formats only.
Copies of Framework 52, its Regulatory Impact Review (RIR), a draft
of the environmental assessment (EA) prepared for this action, and the
Initial Regulatory Flexibility Analysis (IRFA) prepared by the New
England Fishery Management Council are available from Thomas A. Nies,
Executive Director, New England Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950. The IRFA assesses the impacts of
the proposed measures on small entities, and describes steps taken to
minimize any significant economic impact on these entities. A summary
of the IRFA is included in the Classification section of this proposed
rule. The Framework 52 EA, RIR, and IRFA are also accessible via the
Internet at www.nefmc.org/nemulti/index.html or
www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/index.html.
FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy
Analyst, phone: 978-281-9182.
SUPPLEMENTARY INFORMATION:
Background
Current Windowpane Flounder Accountability Measures
Framework 47 to the Northeast (NE) Multispecies Fishery Management
Plan (FMP) modified the accountability measures (AMs) for non-allocated
stocks to ensure that sector vessels, as well as common pool vessels,
were held accountable for catch overages (77 FR 26104; May 2, 2012).
The current AMs for windowpane flounder are small and/or large year-
round gear-restricted areas (Figure 1). The AMs are triggered when the
total catch of windowpane flounder, in either the Northern or Southern
stock area, exceeds the allowable limit. When these AMs are in effect,
bottom-trawl vessels fishing in these areas are required to use
selective trawl gear that reduces flatfish catch. Approved selective
trawl gears include the haddock separator trawl, the Ruhle trawl, the
rope trawl, and any other gears authorized by the Greater Atlantic
Regional Administrator at the request of the New England Fishery
Management Council. There are no restrictions on longline or gillnet
gear because these gear types rarely catch flatfish.
As currently used, the size of the AM gear-restricted area
implemented following an overage depends on the degree to which the
catch limit is exceeded (Figure 1). The size of the AM area is adjusted
in correlation with the magnitude of the overage or its effects. For
larger overages, a larger area is used. The larger area is intended to
reduce catch of windowpane flounder to help correct for the overage and
thereby also mitigate the effects of the overage on the stock. A
smaller correction is required for smaller overages; therefore, a
smaller AM area is applied. In specific application, the overage first
has to be greater than the management uncertainty buffer (which is
currently 5 percent) for a windowpane flounder AM to be triggered. If
the overage is greater than 5 and up to 20 percent of the overall
annual catch limit, the small AM gear restricted area is triggered. If
the overage is more than 20 percent of the overall annual catch limit,
the large AM gear restricted area is triggered. The AMs for the
groundfish fishery or any other fisheries are triggered only if the
total catch limit for the stock is exceeded and the fishery specific
catch limit is also exceeded. Because scallop vessels have a separate
allocation of southern windowpane flounder, the groundfish southern New
England AM gear restricted area is only triggered when both the
groundfish-specific and total-stock catch limits are exceeded (Figure
2). Because the AMs are meant to restrict catch by common pool and
sector vessels, sectors cannot request an exemption from an AM. More
detailed information on Framework 47, including how windowpane flounder
AMs are implemented, is available at http://www.greateratlantic.fisheries.noaa.gov/nero/regs/frdoc/12/12MulFW47FR.pdf.
The final rule implementing Framework 48 (78 FR 26118, May 3, 2013,
see page 26124) included an allocation of southern windowpane flounder
to the scallop fishery and some other non-groundfish fisheries starting
in fishing year 2013. Allocating this stock to other fisheries will
help ensure that other fisheries are held accountable for their catch
in the future and that an
[[Page 68397]]
overage by one of these fisheries would not negatively impact another.
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Windowpane Flounder Catch Limits Were Exceeded in Fishing Years 2012
and 2013
Table 1 details final catch information for fishing year 2012. The
northern windowpane flounder catch limit was exceeded by 28 percent,
while the southern windowpane flounder catch limit was exceeded by 36
percent. The fishing year 2012 final catch report can be found online
at: http://www.nero.noaa.gov/ro/fso/reports/Groundfish_Catch_Accounting.htm. Although catch from non-groundfish
fisheries contributed to the northern windowpane flounder overage, the
AM applies solely to the groundfish fishery because none of these other
fisheries received a northern windowpane flounder allocation in fishing
year 2012. Because the fishing year 2012 overages (in this case, year
1) were not identified until fishing year 2013 (year 2), the large AM
gear restricted areas in both Southern New England and on Georges Bank
were implemented on May 1, 2014, the beginning of the 2014 fishing year
(year 3).
Table 2 presents preliminary 2013 catch estimates from March 19,
2014. Despite not having catch estimates for the sub-components from
other non-groundfish fisheries, the commercial northern windowpane
flounder catch estimate (227 mt), which we consider to be reliable
data, exceeded the allowable biological catch (151 mt) by 50 percent.
Thus, in addition to the 2014 triggered AM due to overages that
occurred in fishing year 2012, the fishing year 2013 overage also
triggered the same 2014 AM. Table 3 presents final fishing year 2013
catch data for windowpane flounder.
In order for the southern groundfish fishery AM gear restricted
area to be triggered, the overall catch limit has to be exceeded, as
well as groundfish fishery sub-annual catch limit (see Figure 2).
Currently, catch data indicate that the groundfish fishery slightly
exceeded its southern windowpane flounder catch limit, but it remains
unclear if the overall southern windowpane flounder catch limit was
exceeded.
AMs From Framework 47 Result in Severe Economic Impacts
Although we approved the windowpane flounder AMs in Framework 47,
the accompanying environmental assessment estimated the economic costs
from these AMs to be as much as $15 million. The environmental
assessment did not foresee the full scope of the costs combined with
other developments. Following substantial reductions in the 2013 catch
limits for many key groundfish stocks, groundfish vessels have become
increasingly more reliant on some flatfish species, particularly winter
flounder. When the windowpane flounder AMs were developed, Southern New
England/Mid-Atlantic winter flounder was a non-allocated stock, and,
therefore, revenue from winter flounder landings was not included in
the estimated costs. As a
[[Page 68399]]
result, the windowpane flounder AMs we implemented for fishing year
2014 are likely having an even greater economic impact on the fleet
than anticipated in Framework 47 due to the loss of the opportunity to
fish for winter flounder. At the request of some industry members, the
Council agreed to review the windowpane flounder AMs in Framework 52 to
see if they could be modified in a way that still corrects the overage
and mitigates the effects of the overage but also reduces the economic
costs to industry.
Framework 52
Framework 52 would modify the current AMs for southern and northern
windowpane flounder by allowing NMFS to update survey and catch
information to better determine the most appropriate AM in correlation
to the conditions of the stock or whether the applicable catch limits
were exceeded. This action proposes two alternatives that would reduce
the scope of the northern or southern windowpane flounder AM in size or
duration if: (1) The stock is rebuilt and it can be determined that
there were improvements in windowpane flounder stock health; or (2) the
fishery remains within its catch limits the year following an overage.
These alternatives are not mutually exclusive and could be used within
the same fishing year. The proposed measures are intended to help
prevent overfishing and rebuild overfished stocks while reducing
economic impacts, using the best scientific information available.
Reducing the Size of the AM After Analyzing Recent Survey and Catch
Data
The first alternative proposes to reduce the scope of the AM gear
restricted area from large to small if the stock is rebuilt and we can
determine that the windowpane flounder ``biomass criterion'' is greater
than the catch from the most recent fishing year. In this case, the
biomass criterion is defined as the 3-year average of the three most
recent fall scientific surveys multiplied by 75 percent of the
Fmsy from the most recent stock assessment. Meeting or
exceeding the biomass criterion indicates that overfishing was likely
not occurring and that large AM areas could be reduced (i.e., the small
AM is sufficient to correct and mitigate the effects of the overage
because the consequences of the overage on the stock are likely less
than previously assumed). Additional information on the biomass
criterion can be found in Appendix 1 to the Framework 52 environmental
assessment.
This change would incorporate a review of recent survey catch data
and a comparison of the trends in survey catch to the actual commercial
catch to ensure that the correct AM gear restricted area is
implemented. Reviewing additional survey data would allow managers to
better account for uncertainties in the index-based stock assessment
model that is used because it relates any potential overage in catch
back to the biomass and catch trends used in the stock assessment. This
action does not change the actual gear restricted area AMs developed
under Framework 47.
Reducing the Duration of an AM In-Season If a Subsequent Overage Does
Not Occur
As explained above, AMs must be implemented as soon as possible
after an overage is identified to correct the operational issue
causing, or mitigate any biological consequences from, the overage.
Because stock allocations are divided among several different
fisheries, as well as other fishery sub-components that do not actually
receive an allocation (e.g., state-waters fisheries), we need to
include catch by all groups prior to verifying where the catch limit
was exceeded. We do not receive year-end data from the other sub-
component fisheries until late summer.
Once we receive complete catch information in late August/early
September, an AM implemented in year 3 (following an overage in year 1
and an underage in year 2) could be shortened by removing it in season,
consistent with the Administrative Procedure Act. This alternative
would provide an incentive for industry to modify its fishing behavior
in an effort to reduce the duration of an AM in year 3, and remove the
need for continuing an AM. Furthermore, because this option does not
require a pound for pound payback, and because the underage could be
due to a reduction in stock size, the reduced catch expected to result
from the delay in removing an implemented AM in year 3 would provide an
additional buffer against any such remaining management uncertainty.
This alternative is not applicable if, utilizing reliable catch
data (such as observed discards), we determine that the current
season's windowpane flounder catch limit has been exceeded because it
would be inconsistent for us to remove an AM in-season while planning
for an AM the following year.
Changes to Fishing Year 2014 AMs
For northern windowpane flounder, neither of the alternatives would
apply to the fishing year 2014 Georges Bank gear restricted area AM.
This is because the northern windowpane flounder stock is considered
overfished, subject to overfishing, and because catch limits for this
stock were exceeded in fishing years 2012 and 2013 (Tables 1 and 3).
However, the southern windowpane flounder stock is not overfished or
subject to overfishing, is rebuilt, and an initial review shows that
the biomass criterion is greater than the fishing year 2013 catch. This
information indicates that we would be able to reduce the size of the
Southern New England/Mid-Atlantic gear restricted area AM from large to
small. The southern windowpane flounder catch limit was exceeded in
fishing year 2013, so the second alternative criterion is not met and
we would be unable to remove the small AM restricted gear area mid-
season (Table 3).
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Regulatory Correction Under Regional Administrator Authority
To clarify the intent of Framework 47, this rule would change the
regulatory text at 50 CFR 648.90(a)(5)(i)(D)(1), 648.90(a)(5)(i)(D)(2),
and 648.90(a)(5)(i)(D)(3) to explain that a large AM area is
implemented if the overage is greater than 20 percent of the overall
annual catch limit. While reviewing the regulations for windowpane
flounder AMs, we discovered that the regulations detailing the large
and small AMs for windowpane flounder, ocean pout, Atlantic halibut,
and Atlantic wolffish were different than approved in Framework 47. The
current regulations incorrectly state that a small AM is implemented if
an overage is between 5 and 20 percent of the overall annual catch
limit and a large AM is implemented if the overage is 21 percent or
more. This mistakenly leaves a void between 20 and 21 percent. The
Council also stipulated in Framework 48 that any overage greater than
20 percent would require a review of the AM for Atlantic halibut and
Atlantic wolffish. This provision was not part of Framework 47 when AMs
were established for windowpane flounder and ocean pout and is being
removed from Sec. 648.90(a)(5)(i)(D)(1). Lastly, the regulations
currently state that a large AM area is implemented for both Atlantic
halibut and Atlantic wolffish if the overall ACL is exceeded by more
than 20 percent. This is incorrect; there are no large or small AM
areas for Atlantic halibut and Atlantic wolffish, only specific trawl
and fixed gear AMs that are applied when there is an overage greater
than the management uncertainty buffer.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary determination that
this proposed rule is consistent with Framework 52, other provisions of
the Magnuson-Stevens Act, and other applicable law. In making the final
determination, NMFS will consider the data, views, and comments
received during the public comment period.
This proposed rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This proposed rule does not contain policies with Federalism or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
An Initial Regulatory Flexibility Analysis (IRFA) was prepared for
this proposed rule, as required by section 603 of the Regulatory
Flexibility Act, 5 U.S.C. 603. The IRFA includes this section of the
preamble to this rule and analyses contained in Framework 52 and its
accompanying EA/RIR/IRFA. The IRFA describes the economic impact that
this proposed rule would have on small entities, if adopted. A
description of the action, why it is being considered, and the legal
basis for this action are contained in Framework 52, the beginning of
this section (SUPPLEMENTARY INFORMATION) in the preamble, and in the
SUMMARY section of the preamble. A copy of the full analysis is
available from the Council (see ADDRESSES). A summary of the IRFA
follows.
Description and Estimate of the Number of Small Entities To Which the
Proposed Rule Would Apply
A detailed description of the small entities that may be affected
by this action can be found in the Framework 52 Environmental
Assessment in section 8.11.2.4. Small entities include ``small
businesses,'' ``small organizations,'' and ``small governmental
jurisdictions.'' The U.S. Small Business Administration (SBA) has
established size standards for all major industry sectors in the U.S.
including commercial finfish harvesters, commercial shellfish
harvesters, other commercial marine harvesters, for-hire businesses,
marinas, seafood dealers/wholesalers, and seafood processors.
A small business is defined by the SBA as one that is:
Independently owned and operated;
not dominant in its field of operation (including its
affiliates);
has combined annual receipts not in excess of
[cir] $20.5 million for all its affiliated operations worldwide for
commercial finfish harvesting;
[cir] $5.5 million for all its affiliated operations worldwide for
commercial shellfish harvesting; or
[cir] $7.5 million for other marine harvesters, for-hire
businesses, and other related entities; and
has fewer than
[cir] 500 employees in the case of seafood processors; or
[cir] 100 employees in the case of seafood dealers.
A small organization is any not-for-profit enterprise that is
independently owned and operated and is not dominant in its field.
Small governmental jurisdictions are governments of cities, boroughs,
counties, towns, townships, villages, school districts, or special
districts, with population of fewer than 50,000.
This proposed action impacts commercial fish harvesting entities
engaged in the Northeast multispecies limited access fishery. A
description of the specific permits that are likely to be impacted is
included below for informational purposes, followed by a discussion of
the impacted businesses (ownership entities), which can include
multiple vessels and/or permit types. For the purposes of the RFA
analysis, the ownership entities (not the individual vessels) are
considered to be the regulated entities.
Limited Access Groundfish Fishery
The limited access groundfish fisheries are further sub-classified
as those enrolled in the sector allocation program and those in the
common pool. Sector vessels are subject to sector-level stock-specific
allocations that limit catch of allocated groundfish stocks. AMs
include a prohibition on fishing inside designated areas once 100
percent of available sector allocation has been caught, as well as
area-based gear and effort restrictions that are triggered when catch
of non-allocated groundfish stocks exceeds the catch limits. Common
pool vessels are subject to various days-at-sea and trip limits
designed to keep catches below the limits set for vessels enrolled in
this program. In general, sector-enrolled businesses rely more heavily
on sales of groundfish species than common pool-enrolled vessels. All
limited access multispecies permit holders are eligible to participate
in the sector allocation program; however, many permit holders select
to remain in the common pool fishery.
As of May 1, 2014 (beginning of fishing year 2014) there were 1,046
individual limited access multispecies permits. A total of 613 of these
permits were enrolled in the sector program and 433 were enrolled in
the common pool. Of these 1,046 limited access multispecies permits,
767 had landings of any species and 414 had groundfish landings in
fishing year 2013.
Ownership Entities
Individually-permitted vessels may hold permits for several
fisheries, harvesting species of fish that are regulated by several
different fishery management plans, even beyond those impacted by the
proposed action. Furthermore, multiple permitted vessels and/or permits
may be owned by entities affiliated by stock ownership, common
management, identity of interest, contractual relationships or economic
dependency. For the purposes
[[Page 68402]]
of this analysis, ownership entities are defined as those entities with
common ownership personnel as listed on permit application
documentation. Only permits with identical ownership personnel are
categorized as an ownership entity. For example, if five permits have
the same seven personnel listed as co-owners on their application
paperwork, those seven personnel form one ownership entity, covering
those five permits. If one or several of the seven owners also own
additional vessels, with sub-sets of the original seven personnel or
with new co-owners, those ownership arrangements are deemed to be
separate ownership entities for the purpose of this analysis.
Ownership entities are identified on June 1st of each year based on
the list of all permit numbers, for the most recent complete calendar
year, that have applied for any type of Northeast Federal fishing
permit. The current ownership data set is based on calendar year 2013
permits and contains average gross sales associated with those permits
for calendar years 2011 through 2013.
Matching the potentially impacted permits described above (fishing
year 2014) to the calendar year 2013 ownership data results in 868
distinct ownership entities. Of these, 855 are categorized as small and
13 are categorized as large entities per the SBA guidelines.
These totals may mask some diversity among the entities. Many, if
not most, of these ownership entities maintain diversified harvest
portfolios, obtaining gross sales from many fisheries and not dependent
on any one. However, not all are equally diversified. Those that depend
most heavily on sales from harvesting species impacted directly by the
proposed action are most likely to be affected. By defining dependence
as deriving greater than 50 percent of gross sales from sales of
regulated species associated with a specific fishery, we are able to
identify those ownership groups most likely to be impacted by the
proposed regulations. Using this threshold, we find that 114 entities
are groundfish-dependent, all of which are small and all of which are
finfish commercial harvesting businesses. Of the 114 groundfish-
dependent entities, 102 have some level of participation in the sector
program and 12 operate exclusively in the common pool.
Economic Impacts of the Proposed Measures and Alternatives
The proposed action is expected to have generally positive economic
impacts, and we do not expect the action to put small entities at a
competitive disadvantage relative to large entities. Impacts on
profitability from the proposed action are likely to positively affect
both small and large entities in a broadly similar manner.
This IRFA analysis is intended to analyze the impacts of the
alternatives described in section 4.1 of Framework 52 on small
entities. The proposed action alters the criteria for triggering AMs
for windowpane flounder, and may result in either smaller AM gear
restricted areas (i.e., duration or size) in the Southern New England
or Georges Bank gear restricted areas or an increased likelihood that a
triggered AM in either/both areas could be removed in-season once catch
information from the previous year is made available. These provisions
are expected to positively impact profitability of small entities
regulated by this action.
The proposed action is expected to result in either a lower
probability of an AM remaining in place for a given year or a smaller
gear restricted area (i.e., duration or time). In all cases, the
proposed action is expected to have positive economic impacts to small
groundfish-dependent entities relative to the no action alternative. A
more detailed discussion of the expected economic and social impacts
can be found in sections 7.4 and 7.5 of the Framework 52 environmental
assessment.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of the Proposed Rule
The Framework 52 proposed rule is not expected to create any
additional reporting, recordkeeping or other compliance requirements.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: November 6, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
a. In Sec. 648.90, revise paragraphs (a)(5)(i)(D)(1), (a)(5)(i)(D)(2)
and (a)(5)(i)(D)(3), add paragraphs (a)(5)(i)(D)(1)(i) and
(a)(5)(i)(D)(1)(ii), to read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * * * *
(a) * * *
(5) * * *
(i) * * *
(D) * * *
(1) Windowpane flounder and ocean pout--Unless otherwise specified
in paragraphs (a)(5)(i)(D)(1)(i) and (ii) of this section, if NMFS
determines the total catch exceeds the overall ACL for either stock of
windowpane flounder or ocean pout, as described in this paragraph
(a)(5)(i)(D)(1), by any amount greater than the management uncertainty
buffer up to 20 percent greater than the overall ACL, the applicable
small AM area for the stock shall be implemented, as specified in
paragraph (a)(5)(i)(D) of this section consistent with the
Administrative Procedure Act. If the overall ACL is exceeded by more
than 20 percent, the applicable large AM area(s) for the stock shall be
implemented, as specified in paragraph (a)(5)(i)(D) of this section
consistent with the Administrative Procedure Act. The AM areas defined
below are bounded by the following coordinates, connected in the order
listed by rhumb lines, unless otherwise noted. Vessels fishing with
trawl gear in these areas may only use a haddock separator trawl, as
specified in Sec. 648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in
Sec. 648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in
Sec. 648.84(e); or any other gear approved consistent with the process
defined in Sec. 648.85(b)(6). If an overage of the overall ACL for
southern windowpane flounder is as a result of an overage of the sub-
ACL allocated to exempted fisheries pursuant to paragraph
(a)(4)(iii)(F) of this section, the applicable AM area(s) shall be in
effect for any trawl vessel fishing with a codend mesh size of greater
than or equal to 5 inches (12.7 cm) in other, non-specified sub-
components of the fishery, including, but not limited to, exempted
fisheries that occur in Federal waters and fisheries harvesting
exempted species specified in Sec. 648.80(b)(3). If an overage of the
overall ACL for southern windowpane flounder is as a result of an
overage of the sub-ACL allocated to the groundfish fishery pursuant to
paragraph (a)(4)(iii)(H)(2) of this section, the applicable AM area(s)
shall be in effect for any limited access NE multispecies permitted
vessel fishing on a NE multispecies DAS or sector trip. If an overage
of the overall ACL for southern windowpane flounder is as a result of
overages of both the groundfish fishery
[[Page 68403]]
and exempted fishery sub-ACLs, the applicable AM area(s) shall be in
effect for both the groundfish fishery and exempted fisheries. If a
sub-ACL for either stock of windowpane flounder or ocean pout is
allocated to another fishery, consistent with the process specified at
Sec. 648.90(a)(4), and there are AMs for that fishery, the groundfish
fishery AM shall only be implemented if the sub-ACL allocated to the
groundfish fishery is exceeded (i.e., the sector and common pool catch
for a particular stock, including the common pool's share of any
overage of the overall ACL caused by excessive catch by other sub-
components of the fishery pursuant to Sec. 648.90(a)(5) exceeds the
common pool sub-ACL) and the overall ACL is also exceeded.
Northern Windowpane Flounder and Ocean Pout Small AM Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1.............................. 41[deg]10' 67[deg]40'
2.............................. 41[deg]10' 67[deg]20'
3.............................. 41[deg]00' 67[deg]20'
4.............................. 41[deg]00' 67[deg]00'
5.............................. 40[deg]50' 67[deg]00'
6.............................. 40[deg]50' 67[deg]40'
1.............................. 41[deg]10' 67[deg]40'
------------------------------------------------------------------------
Northern Windowpane Flounder and Ocean Pout Large AM Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1.............................. 42[deg]10' 67[deg]40'
2.............................. 42[deg]10' 67[deg]20'
3.............................. 41[deg]00' 67[deg]20'
4.............................. 41[deg]00' 67[deg]00'
5.............................. 40[deg]50' 67[deg]00'
6.............................. 40[deg]50' 67[deg]40'
1.............................. 42[deg]10' 67[deg]40'
------------------------------------------------------------------------
Southern Windowpane Flounder and Ocean Pout Small AM Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1.............................. 41[deg]10' 71[deg]30'
2.............................. 41[deg]10' 71[deg]20'
3.............................. 40[deg]50' 71[deg]20'
4.............................. 40[deg]50' 71[deg]30'
1.............................. 41[deg]10' 71[deg]30'
------------------------------------------------------------------------
Southern Windowpane Flounder and Ocean Pout Small AM Area 1
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1.............................. 41[deg]10' 71[deg]50'
2.............................. 41[deg]10' 71[deg]10'
3.............................. 41[deg]00' 71[deg]10'
4.............................. 41[deg]00' 71[deg]20'
5.............................. 40[deg]50' 71[deg]20'
6.............................. 40[deg]50' 71[deg]50'
1.............................. 41[deg]10' 71[deg]50'
------------------------------------------------------------------------
Southern Windowpane Flounder and Ocean Pout Large AM Area 2
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1.............................. (\1\) 73[deg]30'
2.............................. 40[deg]30' 73[deg]30'
3.............................. 40[deg]30' 73[deg]50'
4.............................. 40[deg]20' 73[deg]50'
5.............................. 40[deg]20' (\2\)
6.............................. (\3\) 73[deg]58.5'
7.............................. (\4\) 73[deg]58.5'
8.............................. 40[deg]32.6' \5\ 73[deg]56.4' \5\
1.............................. (\1\) 73[deg]30'
------------------------------------------------------------------------
\1\ The southernmost coastline of Long Island, NY, at 73[deg]30' W.
longitude.
\2\ The easternmost coastline of NJ at 40[deg]20' N. latitude, then
northward along the NJ coastline to Point 6.
\3\ The northernmost coastline of NJ at 73[deg]58.5' W. longitude.
\4\ The southernmost coastline of Long Island, NY at 73[deg]58.5' W.
longitude.
\5\ The approximate location of the southwest corner of the Rockaway
Peninsula, Queens, NY, then eastward along the southernmost coastline
of Long Island, NY (excluding South Oyster Bay), back to Point 1.
(i) Reducing the size of an AM. If the overall northern or southern
windowpane flounder ACL is exceeded by more than 20 percent and NMFS
determines that: The stock is rebuilt, and the biomass criterion, as
defined by the Council, is greater than the most recent fishing year's
catch, then only the respective small AM may be implemented as
described in paragraph (a)(5)(i)(D)(1) of this section consistent with
the Administrative Procedure Act.
(ii) Reducing the duration of an AM. If the northern or southern
windowpane flounder AM is implemented in the third fishing year
following the year of an overage, as described in paragraph
(a)(5)(i)(D) of this section, and NMFS subsequently determines that the
applicable windowpane flounder ACL was not exceeded by any amount the
year immediately after which the overage occurred (i.e., the second
year), on or after September 1, the AM can be removed once year-end
data are complete. This reduced duration does not apply if NMFS
determines during year 3 that a year 3 overage of the applicable
windowpane flounder ACL has occurred.
(2) Atlantic halibut. If NMFS determines the overall ACL for
Atlantic halibut is exceeded, as described in this paragraph
(a)(5)(i)(D)(2), by any amount greater than the management uncertainty
buffer, the applicable AM areas shall be implemented and any vessel
issued a NE multispecies permit or a limited access monkfish permit and
fishing under the monkfish Category C or D permit provisions, may not
fish for, possess, or land Atlantic halibut for the fishing year in
which the AM is implemented, as specified in paragraph (a)(5)(i)(D) of
this section. If the overall ACL is exceeded by more than 20 percent,
the applicable AM area(s) for the stock shall be implemented, as
specified in paragraph (a)(5)(i)(D) of this section, and the Council
shall revisit the AM in a future action. The AM areas defined below are
bounded by the following coordinates, connected in the order listed by
rhumb lines, unless otherwise noted. Any vessel issued a limited access
NE multispecies permit and fishing with trawl gear in the Atlantic
Halibut Trawl Gear AM Area may only use a haddock separator trawl, as
specified in Sec. 648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in
Sec. 648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in
Sec. 648.84(e); or any other gear approved consistent with the process
defined in Sec. 648.85(b)(6). When in effect, a limited access NE
multispecies permitted vessel with gillnet or longline gear may not
fish or be in the Atlantic Halibut Fixed Gear AM Areas, unless
transiting with its gear stowed in accordance with Sec. 648.23(b), or
such gear was approved consistent with the process defined in Sec.
648.85(b)(6). If a sub-ACL for Atlantic halibut is allocated to another
fishery, consistent with the process specified at Sec. 648.90(a)(4),
and there are AMs for that fishery, the groundfish fishery AM shall
only be implemented if the sub-ACL allocated to the groundfish fishery
is exceeded (i.e., the sector and common pool catch for a particular
stock, including the common pool's share of any overage of the overall
ACL caused by excessive catch by other sub-components of the fishery
pursuant to Sec. 648.90(a)(5) exceeds the common pool sub-ACL) and the
overall ACL is also exceeded.
Atlantic Halibut Trawl Gear AM Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1.............................. 42[deg]00' 69[deg]20'
2.............................. 42[deg]00' 68[deg]20'
3.............................. 41[deg]30' 68[deg]20'
4.............................. 41[deg]30' 69[deg]20'
------------------------------------------------------------------------
[[Page 68404]]
Atlantic Halibut Fixed Gear AM Area 1
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1.............................. 42[deg]30' 70[deg]20'
2.............................. 42[deg]30' 70[deg]15'
3.............................. 42[deg]20' 70[deg]15'
4.............................. 42[deg]20' 70[deg]20'
------------------------------------------------------------------------
Atlantic Halibut Fixed Gear AM Area 2
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1.............................. 43[deg]10' 69[deg]40'
2.............................. 43[deg]10' 69[deg]30'
3.............................. 43[deg]00' 69[deg]30'
4.............................. 43[deg]00' 69[deg]40'
------------------------------------------------------------------------
(3) Atlantic wolffish. If NMFS determines the overall ACL for
Atlantic wolffish is exceeded, as described in this paragraph
(a)(5)(i)(D)(3), by any amount greater than the management uncertainty
buffer, the applicable AM areas shall be implemented, as specified in
paragraph (a)(5)(i)(D) of this section. If the overall ACL is exceeded
by more than 20 percent, the applicable AM area(s) for the stock shall
be implemented, as specified in paragraph (a)(5)(i)(D) of this section,
and the Council shall revisit the AM in a future action. The AM areas
defined below are bounded by the following coordinates, connected in
the order listed by rhumb lines, unless otherwise noted. Any vessel
issued a limited access NE multispecies permit and fishing with trawl
gear in the Atlantic Wolffish Trawl Gear AM Area may only use a haddock
separator trawl, as specified in Sec. 648.85(a)(3)(iii)(A); a Ruhle
trawl, as specified in Sec. 648.85(b)(6)(iv)(J)(3); a rope separator
trawl, as specified in Sec. 648.84(e); or any other gear approved
consistent with the process defined in Sec. 648.85(b)(6). When in
effect, a limited access NE multispecies permitted vessel with gillnet
or longline gear may not fish or be in the Atlantic Wolffish Fixed Gear
AM Areas, unless transiting with its gear stowed in accordance with
Sec. 648.23(b), or such gear was approved consistent with the process
defined in Sec. 648.85(b)(6). If a sub-ACL for Atlantic wolffish is
allocated to another fishery, consistent with the process specified at
Sec. 648.90(a)(4), and AMs are developed for that fishery, the
groundfish fishery AM shall only be implemented if the sub-ACL
allocated to the groundfish fishery is exceeded (i.e., the sector and
common pool catch for a particular stock, including the common pool's
share of any overage of the overall ACL caused by excessive catch by
other sub-components of the fishery pursuant to Sec. 648.90(a)(5)
exceeds the common pool sub-ACL) and the overall ACL is also exceeded.
Atlantic Wolffish Trawl Gear AM Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1.............................. 42[deg]30' 70[deg]30'
2.............................. 42[deg]30' 70[deg]15'
3.............................. 42[deg]15' 70[deg]15'
4.............................. 42[deg]15' 70[deg]10'
5.............................. 42[deg]10' 70[deg]10'
6.............................. 42[deg]10' 70[deg]20'
7.............................. 42[deg]20' 70[deg]20'
8.............................. 42[deg]20' 70[deg]30'
------------------------------------------------------------------------
Atlantic Wolffish Fixed Gear AM Area 1
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1.............................. 41[deg]40' 69[deg]40'
2.............................. 41[deg]40' 69[deg]30'
3.............................. 41[deg]30' 69[deg]30'
4.............................. 41[deg]30' 69[deg]40'
------------------------------------------------------------------------
Atlantic Wolffish Fixed Gear AM Area 2
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1.............................. 42[deg]30' 70[deg]20'
2.............................. 42[deg]30' 70[deg]15'
3.............................. 42[deg]20' 70[deg]15'
4.............................. 42[deg]20' 70[deg]20'
------------------------------------------------------------------------
* * * * *
[FR Doc. 2014-27084 Filed 11-14-14; 8:45 am]
BILLING CODE 3510-22-P