[Federal Register Volume 80, Number 10 (Thursday, January 15, 2015)]
[Rules and Regulations]
[Pages 2021-2028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00417]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 140507412-5014-02]
RIN 0648-BE22
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Groundfish Fishery; Framework Adjustment 52
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS has approved Framework Adjustment 52 to the Northeast
Multispecies Fishery Management Plan. This final rule contains two
modifications to the current windowpane flounder accountability
measures. First, the size of the accountability measure gear-restricted
areas can be reduced if we determine that improvements in windowpane
flounder stock health occurred despite the catch limits being exceeded.
Second, the duration of the accountability measure can be shortened if
we determine that an overage of the catch limit did not occur in the
year following the overage. This action allows us to implement
accountability measures based on more current survey and catch data and
increases fishing opportunities for the groundfish fishery while still
preventing overfishing.
DATES: This final rule is effective on January 14, 2015.
[[Page 2022]]
FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy
Analyst, phone: 978-281-9182.
SUPPLEMENTARY INFORMATION:
Background
The current accountability measures (AMs) for a windowpane flounder
catch overage are small and large year-round gear-restricted areas
(Figure 1). To trigger an AM for windowpane flounder, the overage must
be greater than the management uncertainty buffer, which is currently 5
percent. If the overage is between 5 and 20 percent, the Small AM Area
restriction is triggered. If the overage is more than 20 percent, the
Large AM Area restriction is triggered. The AMs are stock specific.
Accordingly, the AM trigger for northern windowpane flounder is based
on the total northern windowpane flounder catch limit. The Southern New
England AM trigger is based on southern windowpane flounder catch, but
is triggered only when both the groundfish-specific and the total
southern windowpane catch limits are exceeded. This is because southern
windowpane flounder is allocated to scallop fishermen in addition to
the catch limits that govern groundfish fishermen.
When the windowpane flounder AMs are triggered, bottom-trawl
vessels fishing in the applicable Small or Large AM Area are required
to use selective trawl gear, such as the haddock separator or Ruhle
trawl. The windowpane flounder AMs are implemented at the start of a
fishing year after an overage is identified. Neither longline nor
gillnet gear are restricted because these gear types comprise a small
amount of the total catch of these stocks. Sectors cannot request an
exemption from the AMs, because the AMs are meant to apply to all
groundfish fishing activity, common pool and sector vessels alike.
In fishing year 2012, the northern windowpane flounder catch limit
was exceeded by 28 percent and the southern windowpane flounder catch
limit was exceeded by 36 percent. Because both of these overages
exceeded 20 percent, the large gear-restricted areas were triggered as
AMs. Because the overages were not identified until mid-way through
fishing year 2013, the AMs were made effective for the 2014 fishing
year (starting May 1, 2014). The northern windowpane flounder catch
limit was also exceeded in fishing year 2013 and, because we received
this information in fishing year 2013, this triggered the same 2014 AM
that was triggered due to overages in fishing year 2012.
The initial windowpane flounder AMs were approved in Framework 47
(77 FR 26104; May 2, 2012), and the accompanying environmental
assessment for that action estimated the economic costs from these AMs
to be as much as $15 million. Since then, several substantial
reductions in catch limits for many key groundfish stocks have made
many groundfish vessels more reliant on some flatfish species,
particularly winter flounder. Since winter flounder and windowpane
flounder are intermixed, the windowpane flounder AMs are having a
considerable adverse economic impact on the fleet. To mitigate these
impacts, the New England Fishery Management Council developed Framework
52 to modify the current AMs to sufficiently account for an overage of
windowpane flounder while reducing the economic costs to industry
without sacrificing conservation benefits.
Additional information on the windowpane flounder AMs, including
how they were developed and are implemented, can be reviewed online at
www.greateratlantic.fisheries.noaa.gov/nero/regs/frdoc/12/12MulFW47FR.pdf, as well as in the final rule for Framework 47 and the
proposed rule for this action (79 FR 68396; November 17, 2014).
[[Page 2023]]
[GRAPHIC] [TIFF OMITTED] TR15JA15.000
Approved Measures
Framework 52 modifies the current AMs for southern and northern
windowpane flounder by allowing us to update survey and catch
information to better determine the most appropriate AM in correlation
to the conditions of the stock or whether the applicable catch limits
were exceeded. Framework 52 contains two measures that would reduce the
scope of the northern or southern windowpane flounder AM in size or
duration if: (1) The stock is rebuilt and it can be determined that
there were improvements in windowpane flounder stock health; or (2) the
fishery remains within its catch limits the year following an overage.
These measures are not mutually exclusive and can be used within the
same fishing year. This action will help prevent overfishing and
rebuild overfished stocks while reducing economic impacts, using the
best scientific information available.
Reducing the Size of the AM After Analyzing Recent Survey and Catch
Data
AMs are management controls to prevent annual catch limits from
being exceeded and to correct or mitigate catch overages. The first
measure reduces the size of the AM area restriction from large to small
if two criteria are met: (1) The stock is considered rebuilt; and (2)
the ``biomass criterion'' is greater than the fishing year catch.
``Biomass criterion'' is defined as the 3-year average of the catch per
tow from the three most recent fall surveys multiplied by 75 percent of
Fmsy (fishing mortality at maximum sustainable yield) of the
most recent stock assessment. If the biomass criterion is greater than
the fishing year catch, it suggests the Large AM Area is unnecessary
because the impacts of the overage on the stock may not be as
substantial as originally expected. In other words, we can reduce the
AM from the Large to the Small AM Area to mitigate the overage in a way
that takes into account a greater biomass in relation to fishing
effort.
Importantly, this scenario applies to the fishing year 2012
southern windowpane flounder overage and the current southern
windowpane flounder AM, which became effective on May 1, 2014 (see page
I-5 of Appendix 1 of the Framework 52 Environmental Assessment, which
is available online at www.greateratlantic.fisheries.noaa.gov/regs/2014/November/14mulfw52appendixi.pdf). As a result, the southern
windowpane flounder Large AM Area gear-restriction currently in place
in Southern New England is reduced to the Small AM Area for the
remainder of fishing year 2014 (i.e., through April 30, 2015).
Reducing the Duration of an AM In-Season if a Subsequent Overage Does
Not Occur
The second measure is early removal of an AM if we determine that
the
[[Page 2024]]
fishery remained within its total catch limit the year following an
overage. In addition to mitigating biological consequences, AMs should
correct operational issues that cause overages. This measure seeks to
use operational corrections proportional to updated fishing activity.
We do not receive year-end data (from fishing year 1) for the other
sub-component fisheries that catch windowpane flounder until several
months into the next fishing year (year 2). If there is an overage due
to this late data, we implement an AM at the start of the following
fishing year (year 3). With regards to the second criterion, once we
receive complete year 2 catch information in late August/early
September (of year 3), if we identify that there was an underage in
year 2, we would shorten the duration of an AM by removing it in-season
during year 3. Because of the delay in receiving data from the other
sub-components of the fishery, we would not remove the AM before
September 1; therefore, the AM would remain in place for a minimum of 4
months. The shorter duration ensures accountability but also recognizes
the fishery may have corrected the operational issue that caused the
overage in year 1. This criterion does not apply to the current fishing
year 2014 AMs because fishing year 2013 (year 2) catch limits for both
southern and northern windowpane flounder stocks were not
underharvested.
The second measure also stipulates that the AM would not be removed
if we determine there is a subsequent overage in year 3. A second
overage in three years suggests that management measures, including
AMs, should be revisited and modified, or, that whatever changes the
fishery made independently in year 2 to reduce catch were ineffective
in year 3, and that the AM is warranted.
Regulatory Correction Under Regional Administrator Authority
To clarify the intent of Framework 47, this rule changes the
regulatory text at 50 CFR 648.90(a)(5)(i)(D)(1), 648.90(a)(5)(i)(D)(2),
and 648.90(a)(5)(i)(D)(3) to clarify that a large AM area is
implemented if the overage is greater than 20 percent of the overall
annual catch limit. While reviewing the regulations for windowpane
flounder AMs, we discovered that the regulations detailing the large
and small AMs for windowpane flounder, ocean pout, Atlantic halibut,
and Atlantic wolffish were different than approved in Framework 47. The
current regulations incorrectly state that a small AM is implemented if
an overage is between 5 and 20 percent of the overall annual catch
limit, and a large AM is implemented if the overage is 21 percent or
more. This mistakenly leaves a void between 20 and 21 percent. The
Council also stipulated in Framework 48 that any overage greater than
20 percent would require a review of the AM for Atlantic halibut and
Atlantic wolffish. This provision was inadvertently also added to the
AMs established for windowpane flounder and ocean pout. This action
removes this provision from Sec. 648.90(a)(5)(i)(D)(1) to be
consistent with Council intent. Lastly, the regulations currently state
that a large AM area is implemented for both Atlantic halibut and
Atlantic wolffish if the overall ACL is exceeded by more than 20
percent. This is incorrect; there are no large or small AM areas for
Atlantic halibut and Atlantic wolffish, only specific trawl and fixed
gear AMs that are applied when there is an overage greater than the
management uncertainty buffer.
Comments and Responses on Measures Proposed in the Framework 52
Proposed Rule
We received five comments on the Framework 52 proposed rule. Public
comments were submitted by the Associated Fisheries of Maine, Northeast
Seafood Coalition, and two commercial fishermen. Only comments that
were applicable to the proposed measures are responded to below.
Consolidated responses are provided to similar comments on the proposed
measures.
Comment 1: The Associated Fisheries of Maine, Northeast Seafood
Coalition, and two commercial fishermen generally support Framework 52.
Two of the commenters stressed an immediate need for economic relief
from the current AMs.
Response 1: We agree with these comments and are approving
Framework 52. We have worked to expeditiously review and implement
Framework 52 because this action will increase fishing opportunities
for the groundfish fishery while preventing overfishing.
Comment 2: One individual opposes the use of AMs, particularly area
closures and gear restrictions, claiming that such effort controls are
an ``unacceptable setback,'' in a quota-controlled fishery, and that
sector rules and management plans should be utilized to deal with
challenges such as this.
Response 2: Ideally, the fishery would never exceed its catch
limits and AMs would never be implemented. However, AMs are required by
statute to account for overharvesting or to reduce the potential for
future overharvests, and are necessary when the current management
measures are not properly controlling catch. While sectors do not
directly receive an allocation of northern or southern windowpane
flounder, we provide sector managers with current catch data for
allocated and non-allocated groundfish stocks, such as windowpane
flounder. Nothing is preventing sector managers and members from
working together to reduce the groundfish industry's catch of
windowpane flounder and prevent them from exceeding the groundfish
allocation. Sectors could develop a solution to this problem and we
encourage them to do so.
Comment 3: The Northeast Seafood Coalition states that Framework 52
or 53 should have included a sub-allocation of northern windowpane
flounder for the scallop fishery so that groundfish fishermen are
accountable only for their own catch and not a potential overage caused
by scallop vessels. The Coalition argues that any fishery that
contributes a substantial source of fishing mortality should have its
own allocation and AM, otherwise the system is inequitable and attempts
to limit catch become futile. The Coalition has asked NMFS and the
Council to address this issue.
Response 3: The Council considered, but decided not to include, a
separate northern windowpane flounder allocation and AM for scallop
vessels in Framework 53. Recognizing that this is an issue that should
be addressed, the Council has tasked the Groundfish Plan Development
Team to further investigate this and additional windowpane flounder
management issues.
Although we understand the Coalition's concerns, the groundfish
fishery exceeded its own sub-allocation for both northern and southern
windowpane flounder in fishing years 2012 and 2013. In fact, the
groundfish fishery itself exceeded the total catch limit for northern
windowpane flounder in fishing year 2013. So, while allocating some
northern windowpane flounder to the scallop fishery and designing an AM
for the scallop fishery (similar to southern windowpane flounder) may
increase accountability for scallop vessels, the groundfish fishery
would still need to closely monitor and reduce its catch of windowpane
flounder to avoid exceeding its allocation and potentially triggering
an AM.
Comment 4: The Northeast Seafood Coalition argues that windowpane
[[Page 2025]]
flounder AMs are triggered by mistakenly low allocations that are the
result of underestimated stock sizes. The Coalition supports new
assessment methods for low-value, non-commercial stocks such as
windowpane flounder.
Response 4: The first component of Framework 52 is a provision that
allows us to further examine the most recent survey and catch data to
determine whether the stock size could have been underestimated. This
action addresses part of the Coalition's concerns. Furthermore, the
Northeast Fisheries Science Center will conduct a stock assessment
update on windowpane flounder next year.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has determined that the management
measures implemented in this final rule are consistent with the
Northeast Multispecies Fishery Management Plan, the Magnuson-Stevens
Act, and other applicable law.
This final rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This final rule does not contain policies with Federalism or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
The Assistant Administrator for Fisheries finds good cause, under
authority contained in 5 U.S.C. 553(d)(1), to waive the 30-day delayed
effectiveness of this action. Delaying the implementation of this rule
would undermine the purpose of the rule, which is to improve access to
fish stocks without allowing overfishing. Furthermore, any delay would
reduce the economic benefit the rule provides. Accordingly, a delay is
contrary to the public's interest. Moreover, the delay in this instance
is unnecessary because the rule imposes no new requirements on the
affected entities such that they would need time to change their
behavior to comply with the rule. Because there are only 4 months left
in the fishing year, a 30-day delay in implementation of these measures
would substantially reduce the positive economic impacts that are
intended by these measures.
Final Regulatory Flexibility Analysis
Introduction
The Regulatory Flexibility Act (RFA) requires that Federal agencies
analyze the expected impacts of a rule on small business entities,
including consideration of disproportionate and/or significant adverse
economic impacts on small entities that are directly regulated by the
action. As part of the analysis, Federal agencies must also consider
alternatives that minimize impacts on small entities while still
accomplishing the objectives of the rule. The required analysis is used
to inform the agency, as well as the public, of the expected impacts of
the various alternatives included in the rule, and to ensure the agency
considers other alternatives that minimize the expected impacts while
still meeting the goals and objectives of the action, and that are
still consistent with applicable law.
Section 604 of the RFA, 5 U.S.C. 604, requires Federal agencies to
prepare a Final Regulatory Flexibility Analysis (FRFA) for each final
rule. Key elements of the FRFA include a summary of significant issues
raised by public comments, a description of the small entities that
will be affected by the final rule, and a description of the steps the
agency has taken to minimize the significant economic impact on small
entities that includes the reasons for selecting each alternative and
why other alternatives were not adopted. The FRFA prepared for this
final rule includes the summary and responses to comments in this rule,
the analyses contained in Framework 52 and its accompanying
Environmental Assessment/Regulatory Impact Review/Initial Regulatory
Flexibility Analysis (IRFA), the IRFA summary in the proposed rule, as
well as the information provided below.
Summary of Significant Issues Raised in Public Comments
Our responses to all comments received on the proposed rule can be
found in the Comments and Responses section of this preamble. Four of
the comments we received supported the management measures in Framework
52 because they would reduce the economic impacts of the current AMs.
No public comments were received on the IRFA prepared for the proposed
rule. As stated above, we are approving the management measures within
Framework 52 because they mitigate the economic impacts of the AMs
while preventing overfishing.
Description and Estimate of the Number of Small Entities to Which the
Final Rule Would Apply
A detailed description of the small entities that may be affected
by this action can be found in the Framework 52 Environmental
Assessment in section 8.11.2.4. Small entities include ``small
businesses,'' ``small organizations,'' and ``small governmental
jurisdictions.'' The U.S. Small Business Administration (SBA) has
established size standards for all major industry sectors in the U.S.
including commercial finfish harvesters, commercial shellfish
harvesters, other commercial marine harvesters, for-hire businesses,
marinas, seafood dealers/wholesalers, and seafood processors.
A small business is defined by the SBA as one that is:
Independently owned and operated;
Not dominant in its field of operation (including its
affiliates);
Has combined annual receipts not in excess of
[cir] $20.5 million for all its affiliated operations worldwide for
commercial finfish harvesting;
[cir] $5.5 million for all its affiliated operations worldwide for
commercial shellfish harvesting; or
[cir] $7.5 million for other marine harvesters, for-hire
businesses, and other related entities; and
Has fewer than
[cir] 500 employees in the case of seafood processors; or
[cir] 100 employees in the case of seafood dealers.
A small organization is any not-for-profit enterprise that is
independently owned and operated and is not dominant in its field.
Small governmental jurisdictions are governments of cities, boroughs,
counties, towns, townships, villages, school districts, or special
districts, with population of fewer than 50,000.
This action impacts commercial fish harvesting entities engaged in
the Northeast multispecies limited access fishery. A description of the
specific permits that are likely to be impacted is included below for
informational purposes, followed by a discussion of the impacted
businesses (ownership entities), which can include multiple vessels
and/or permit types. For the purposes of the RFA analysis, the
ownership entities (not the individual vessels) are considered to be
the regulated entities.
Limited Access Groundfish Fishery
The limited access groundfish fisheries are further sub-classified
as those enrolled in the sector allocation program and those in the
common pool. Sector vessels are subject to sector-level stock-specific
allocations that limit catch of allocated groundfish stocks. AMs
include a prohibition on fishing inside designated areas once 100
percent of available sector allocation has been caught, as well as
area-based gear and effort restrictions that are triggered when catch
of non-allocated groundfish stocks exceeds the catch limits. Common
pool vessels are subject to
[[Page 2026]]
various days-at-sea and trip limits designed to keep catches below the
limits set for vessels enrolled in this program. In general, sector-
enrolled businesses rely more heavily on sales of groundfish species
than common pool-enrolled vessels. All limited access multispecies
permit holders are eligible to participate in the sector allocation
program; however, many permit holders select to remain in the common
pool fishery.
As of May 1, 2014 (beginning of fishing year 2014), there were
1,046 individual limited access multispecies permits. A total of 613 of
these permits were enrolled in the sector program and 433 were enrolled
in the common pool. Of these 1,046 limited access multispecies permits,
767 had landings of any species and 414 had groundfish landings in
fishing year 2013.
Ownership Entities
Individually-permitted vessels may hold permits for several
fisheries, harvesting species of fish that are regulated by several
different fishery management plans, even beyond those impacted by the
final action. Furthermore, multiple permitted vessels and/or permits
may be owned by entities affiliated by stock ownership, common
management, identity of interest, contractual relationships, or
economic dependency. For the purposes of this analysis, ownership
entities are defined as those entities with common ownership personnel
as listed on permit application documentation. Only permits with
identical ownership personnel are categorized as an ownership entity.
For example, if five permits have the same seven personnel listed as
co-owners on their application paperwork, those seven personnel form
one ownership entity, covering those five permits. If one or several of
the seven owners also own additional vessels, with sub-sets of the
original seven personnel or with new co-owners, those ownership
arrangements are deemed to be separate ownership entities for the
purpose of this analysis.
Ownership entities are identified on June 1st of each year based on
the list of all permit numbers, for the most recent complete calendar
year, that have applied for any type of Northeast Federal fishing
permit. The current ownership data set is based on calendar year 2013
permits and contains average gross sales associated with those permits
for calendar years 2011 through 2013.
Matching the potentially impacted permits described above (fishing
year 2014) to the calendar year 2013 ownership data results in 868
distinct ownership entities. Of these, 855 are categorized as small and
13 are categorized as large entities per the SBA guidelines.
These totals may mask some diversity among the entities. Many, if
not most, of these ownership entities maintain diversified harvest
portfolios; obtaining gross sales from many fisheries and not dependent
on any one. However, not all are equally diversified. Those that depend
most heavily on sales from harvesting species impacted directly by this
action are most likely to be affected. By defining dependence as
deriving greater than 50 percent of gross sales from sales of regulated
species associated with a specific fishery, we are able to identify
those ownership groups most likely to be impacted by the final
regulations. Using this threshold, we find that 114 entities are
groundfish-dependent, all of which are small and all of which are
finfish commercial harvesting businesses. Of the 114 groundfish-
dependent entities, 102 have some level of participation in the sector
program and 12 operate exclusively in the common pool.
Economic Impacts of This Action
This final rule is expected to have generally positive economic
impacts, and we do not expect the action to put small entities at a
competitive disadvantage relative to large entities. Impacts on
profitability from this action are likely to positively affect both
small and large entities in a broadly similar manner.
This FRFA analysis is intended to analyze the impacts on small
entities of the alternatives described in section 4.1 of Framework 52.
This action alters the criteria for triggering AMs for windowpane
flounder, and may result in either smaller AM gear restricted areas
(i.e., duration or size) in the Southern New England or Georges Bank
gear restricted areas or an increased likelihood that a triggered AM in
either/both areas could be removed in-season once catch information
from the previous year is made available. These provisions are expected
to positively impact profitability of small entities regulated by this
action.
This action is expected to result in either a smaller gear
restricted area or a lower probability of an AM remaining in place for
a given year (i.e., duration or time). In all cases, this action is
expected to have positive economic impacts to small groundfish-
dependent entities relative to the no action alternative. A more
detailed discussion of the expected economic and social impacts can be
found in sections 7.4 and 7.5 of the Framework 52 environmental
assessment.
Description of the Projected Reporting, Recordkeeping, and Other
Compliance Requirements of This Action
This action does not create any additional reporting,
recordkeeping, or other compliance requirements.
Small Entity Compliance Guide
Section 212 of the Small Business Regulatory Enforcement Fairness
Act of 1996 states that, for each rule or group of related rules for
which an agency is required to prepare a FRFA, the agency shall publish
one or more guides to assist small entities in complying with the rule,
and shall designate such publications as ``small entity compliance
guides.'' The agency shall explain the actions a small entity is
required to take to comply with a rule or group of rules. As part of
this rulemaking process, we will send a small entity compliance guide
to all Federal permit holders affected by this action. In addition,
copies of this final rule and guide (i.e., information bulletin) are
available from NMFS online at www.nero.noaa.gov/sfd/sfdmulti.html.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: January 8, 2015.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.90, revise paragraphs (a)(5)(i)(D)(1), (2), and (3) to
read as follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * * * *
(a) * * *
(5) * * *
(i) * * *
(D) * * *
(1) Windowpane flounder and ocean pout. Unless otherwise specified
in paragraphs (a)(5)(i)(D)(1)(i) and (ii) of this section, if NMFS
determines the total catch exceeds the overall ACL for either stock of
windowpane flounder or
[[Page 2027]]
ocean pout, as described in this paragraph (a)(5)(i)(D)(1), by any
amount greater than the management uncertainty buffer up to 20 percent
greater than the overall ACL, the applicable small AM area for the
stock shall be implemented, as specified in paragraph (a)(5)(i)(D) of
this section, consistent with the Administrative Procedure Act. If the
overall ACL is exceeded by more than 20 percent, the applicable large
AM area(s) for the stock shall be implemented, as specified in
paragraph (a)(5)(i)(D) of this section, consistent with the
Administrative Procedure Act. The AM areas defined below are bounded by
the following coordinates, connected in the order listed by rhumb
lines, unless otherwise noted. Vessels fishing with trawl gear in these
areas may only use a haddock separator trawl, as specified in Sec.
648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in Sec.
648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in Sec.
648.84(e); or any other gear approved consistent with the process
defined in Sec. 648.85(b)(6). If an overage of the overall ACL for
southern windowpane flounder is as a result of an overage of the sub-
ACL allocated to exempted fisheries pursuant to paragraph
(a)(4)(iii)(F) of this section, the applicable AM area(s) shall be in
effect for any trawl vessel fishing with a codend mesh size of greater
than or equal to 5 inches (12.7 cm) in other, non-specified sub-
components of the fishery, including, but not limited to, exempted
fisheries that occur in Federal waters and fisheries harvesting
exempted species specified in Sec. 648.80(b)(3). If an overage of the
overall ACL for southern windowpane flounder is as a result of an
overage of the sub-ACL allocated to the groundfish fishery pursuant to
paragraph (a)(4)(iii)(H)(2) of this section, the applicable AM area(s)
shall be in effect for any limited access NE multispecies permitted
vessel fishing on a NE multispecies DAS or sector trip. If an overage
of the overall ACL for southern windowpane flounder is as a result of
overages of both the groundfish fishery and exempted fishery sub-ACLs,
the applicable AM area(s) shall be in effect for both the groundfish
fishery and exempted fisheries. If a sub-ACL for either stock of
windowpane flounder or ocean pout is allocated to another fishery,
consistent with the process specified at Sec. 648.90(a)(4), and there
are AMs for that fishery, the groundfish fishery AM shall only be
implemented if the sub-ACL allocated to the groundfish fishery is
exceeded (i.e., the sector and common pool catch for a particular
stock, including the common pool's share of any overage of the overall
ACL caused by excessive catch by other sub-components of the fishery
pursuant to Sec. 648.90(a)(5) exceeds the common pool sub-ACL) and the
overall ACL is also exceeded.
Northern Windowpane Flounder and Ocean Pout Small AM Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1................... 41[deg]10'.............. 67[deg]40'
2................... 41[deg]10'.............. 67[deg]20'
3................... 41[deg]00'.............. 67[deg]20'
4................... 41[deg]00'.............. 67[deg]00'
5................... 40[deg]50'.............. 67[deg]00'
6................... 40[deg]50'.............. 67[deg]40'
1................... 41[deg]10'.............. 67[deg]40'
------------------------------------------------------------------------
Northern Windowpane Flounder and Ocean Pout Large AM Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1................... 42[deg]10'.............. 67[deg]40'
2................... 42[deg]10'.............. 67[deg]20'
3................... 41[deg]00'.............. 67[deg]20'
4................... 41[deg]00'.............. 67[deg]00'
5................... 40[deg]50'.............. 67[deg]00'
6................... 40[deg]50'.............. 67[deg]40'
1................... 42[deg]10'.............. 67[deg]40'
------------------------------------------------------------------------
Southern Windowpane Flounder and Ocean Pout Small AM Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1................... 41[deg]10'.............. 71[deg]30'
2................... 41[deg]10'.............. 71[deg]20'
3................... 40[deg]50'.............. 71[deg]20'
4................... 40[deg]50'.............. 71[deg]30'
1................... 41[deg]10'.............. 71[deg]30'
------------------------------------------------------------------------
Southern Windowpane Flounder and Ocean Pout Small AM Area 1
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1................... 41[deg]10'.............. 71[deg]50'
2................... 41[deg]10'.............. 71[deg]10'
3................... 41[deg]00'.............. 71[deg]10'
4................... 41[deg]00'.............. 71[deg]20'
5................... 40[deg]50'.............. 71[deg]20'
6................... 40[deg]50'.............. 71[deg]50'
1................... 41[deg]10'.............. 71[deg]50'
------------------------------------------------------------------------
Southern Windowpane Flounder and Ocean Pout Large AM Area 2
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1................... (\1\)................... 73[deg]30'
2................... 40[deg]30'.............. 73[deg]30'
3................... 40[deg]30'.............. 73[deg]50'
4................... 40[deg]20'.............. 73[deg]50'
5................... 40[deg]20'.............. (\2\)
6................... (\3\)................... 73[deg]58.5'
7................... (\4\)................... 73[deg]58.5'
8................... 40[deg]32.6' \5\........ 73[deg]56.4' \5\
1................... (\1\)................... 73[deg]30'
------------------------------------------------------------------------
\1\ The southernmost coastline of Long Island, NY, at 73[deg]30' W.
longitude.
\2\ The easternmost coastline of NJ at 40[deg]20' N. latitude, then
northward along the NJ coastline to Point 6.
\3\ The northernmost coastline of NJ at 73[deg]58.5' W. longitude.
\4\ The southernmost coastline of Long Island, NY, at 73[deg]58.5' W.
longitude.
\5\ The approximate location of the southwest corner of the Rockaway
Peninsula, Queens, NY, then eastward along the southernmost coastline
of Long Island, NY (excluding South Oyster Bay), back to Point 1.
(i) Reducing the size of an AM. If the overall northern or southern
windowpane flounder ACL is exceeded by more than 20 percent and NMFS
determines that: The stock is rebuilt, and the biomass criterion, as
defined by the Council, is greater than the most recent fishing year's
catch, then only the respective small AM may be implemented as
described in paragraph (a)(5)(i)(D)(1) of this section, consistent with
the Administrative Procedure Act.
(ii) Reducing the duration of an AM. If the northern or southern
windowpane flounder AM is implemented in the third fishing year
following the year of an overage, as described in paragraph
(a)(5)(i)(D) of this section, and NMFS subsequently determines that the
applicable windowpane flounder ACL was not exceeded by any amount the
year immediately after which the overage occurred (i.e., the second
year), on or after September 1 the AM can be removed once year-end data
are complete. This reduced duration does not apply if NMFS determines
during year 3 that a year 3 overage of the applicable windowpane
flounder ACL has occurred.
(2) Atlantic halibut. If NMFS determines the overall ACL for
Atlantic halibut is exceeded, as described in this paragraph
(a)(5)(i)(D)(2), by any amount greater than the management uncertainty
buffer, the applicable AM areas shall be implemented and any vessel
issued a NE multispecies permit or a limited access monkfish permit and
fishing under the monkfish Category C or D permit provisions, may not
fish for, possess, or land Atlantic halibut for the fishing year in
which the AM is implemented, as specified in paragraph (a)(5)(i)(D) of
this section. If the overall ACL is exceeded by more than 20 percent,
the applicable AM area(s) for the stock shall be implemented, as
[[Page 2028]]
specified in paragraph (a)(5)(i)(D) of this section, and the Council
shall revisit the AM in a future action. The AM areas defined below are
bounded by the following coordinates, connected in the order listed by
rhumb lines, unless otherwise noted. Any vessel issued a limited access
NE multispecies permit and fishing with trawl gear in the Atlantic
Halibut Trawl Gear AM Area may only use a haddock separator trawl, as
specified in Sec. 648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in
Sec. 648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in
Sec. 648.84(e); or any other gear approved consistent with the process
defined in Sec. 648.85(b)(6). When in effect, a limited access NE
multispecies permitted vessel with gillnet or longline gear may not
fish or be in the Atlantic Halibut Fixed Gear AM Areas, unless
transiting with its gear stowed in accordance with Sec. 648.23(b), or
such gear was approved consistent with the process defined in Sec.
648.85(b)(6). If a sub-ACL for Atlantic halibut is allocated to another
fishery, consistent with the process specified at Sec. 648.90(a)(4),
and there are AMs for that fishery, the groundfish fishery AM shall
only be implemented if the sub-ACL allocated to the groundfish fishery
is exceeded (i.e., the sector and common pool catch for a particular
stock, including the common pool's share of any overage of the overall
ACL caused by excessive catch by other sub-components of the fishery
pursuant to Sec. 648.90(a)(5), exceeds the common pool sub-ACL) and
the overall ACL is also exceeded.
Atlantic Halibut Trawl Gear AM Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1................... 42[deg]00'.............. 69[deg]20'
2................... 42[deg]00'.............. 68[deg]20'
3................... 41[deg]30'.............. 68[deg]20'
4................... 41[deg]30'.............. 69[deg]20'
------------------------------------------------------------------------
Atlantic Halibut Fixed Gear AM Area 1
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1................... 42[deg]30'.............. 70[deg]20'
2................... 42[deg]30'.............. 70[deg]15'
3................... 42[deg]20'.............. 70[deg]15'
4................... 42[deg]20'.............. 70[deg]20'
------------------------------------------------------------------------
Atlantic Halibut Fixed Gear AM Area 2
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1................... 43[deg]10'.............. 69[deg]40'
2................... 43[deg]10'.............. 69[deg]30'
3................... 43[deg]00'.............. 69[deg]30'
4................... 43[deg]00'.............. 69[deg]40'
------------------------------------------------------------------------
(3) Atlantic wolffish. If NMFS determines the overall ACL for
Atlantic wolffish is exceeded, as described in this paragraph
(a)(5)(i)(D)(3), by any amount greater than the management uncertainty
buffer, the applicable AM areas shall be implemented, as specified in
paragraph (a)(5)(i)(D) of this section. If the overall ACL is exceeded
by more than 20 percent, the applicable AM area(s) for the stock shall
be implemented, as specified in paragraph (a)(5)(i)(D) of this section,
and the Council shall revisit the AM in a future action. The AM areas
defined below are bounded by the following coordinates, connected in
the order listed by rhumb lines, unless otherwise noted. Any vessel
issued a limited access NE multispecies permit and fishing with trawl
gear in the Atlantic Wolffish Trawl Gear AM Area may only use a haddock
separator trawl, as specified in Sec. 648.85(a)(3)(iii)(A); a Ruhle
trawl, as specified in Sec. 648.85(b)(6)(iv)(J)(3); a rope separator
trawl, as specified in Sec. 648.84(e); or any other gear approved
consistent with the process defined in Sec. 648.85(b)(6). When in
effect, a limited access NE multispecies permitted vessel with gillnet
or longline gear may not fish or be in the Atlantic Wolffish Fixed Gear
AM Areas, unless transiting with its gear stowed in accordance with
Sec. 648.23(b), or such gear was approved consistent with the process
defined in Sec. 648.85(b)(6). If a sub-ACL for Atlantic wolffish is
allocated to another fishery, consistent with the process specified at
Sec. 648.90(a)(4), and AMs are developed for that fishery, the
groundfish fishery AM shall only be implemented if the sub-ACL
allocated to the groundfish fishery is exceeded (i.e., the sector and
common pool catch for a particular stock, including the common pool's
share of any overage of the overall ACL caused by excessive catch by
other sub-components of the fishery pursuant to Sec. 648.90(a)(5),
exceeds the common pool sub-ACL) and the overall ACL is also exceeded.
Atlantic Wolffish Trawl Gear AM Area
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1................... 42[deg]30'.............. 70[deg]30'
2................... 42[deg]30'.............. 70[deg]15'
3................... 42[deg]15'.............. 70[deg]15'
4................... 42[deg]15'.............. 70[deg]10'
5................... 42[deg]10'.............. 70[deg]10'
6................... 42[deg]10'.............. 70[deg]20'
7................... 42[deg]20'.............. 70[deg]20'
8................... 42[deg]20'.............. 70[deg]30'
------------------------------------------------------------------------
Atlantic Wolffish Fixed Gear AM Area 1
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1................... 41[deg]40'.............. 69[deg]40'
2................... 41[deg]40'.............. 69[deg]30'
3................... 41[deg]30'.............. 69[deg]30'
4................... 41[deg]30'.............. 69[deg]40'
------------------------------------------------------------------------
Atlantic Wolffish Fixed Gear AM Area 2
------------------------------------------------------------------------
Point N. Latitude W. Longitude
------------------------------------------------------------------------
1................... 42[deg]30'.............. 70[deg]20'
2................... 42[deg]30'.............. 70[deg]15'
3................... 42[deg]20'.............. 70[deg]15'
4................... 42[deg]20'.............. 70[deg]20'
------------------------------------------------------------------------
* * * * *
[FR Doc. 2015-00417 Filed 1-14-15; 8:45 am]
BILLING CODE 3510-22-P