[Federal Register Volume 82, Number 137 (Wednesday, July 19, 2017)]
[Proposed Rules]
[Pages 33036-33039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15073]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 150309236-7563-01]
RIN 0648-BE65
Fisheries of the Northeastern United States; Mid-Atlantic Fishery
Management Council; Omnibus Acceptable Biological Catch Framework
Adjustment
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This action proposes regulations to implement an Omnibus
Framework Adjustment to the Mid-Atlantic Fishery Management Council
acceptable biological catch setting process. This proposed rule is
necessary to provide the public with an opportunity to review and
comment on the measures recommended by the Mid-Atlantic Council to the
National Marine Fisheries Service for implementation. The intended
effect of these measures would help bring stability to quotas while
accounting for year-to-year changes in stock size projections, and
allow the Mid-Atlantic Council's Fishery Management Plans to
automatically incorporate the best available scientific information
when calculating acceptable biological catches. This action also
proposes to revise regulatory language to clarify the Mid-Atlantic
Council's acceptable biological catch control rule assessment level
designations.
DATES: Comments must be received on or before August 18, 2017.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2017-0056,
by either 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-2017-0056, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to John Bullard, Regional
Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55
Great Republic Drive, Gloucester, MA 01930.
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 publically accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of the Environmental Assessment and other supporting
documents are available from Dr. Christopher M. Moore, Executive
Director, Mid-Atlantic Fishery Management Council, Suite 201, 800 N.
State Street, Dover, DE 19901. The draft Omnibus Framework Adjustment,
as submitted by the Council, is also available via the internet at
http://www.greateratlantic.fisheries.noaa.gov/.
FOR FURTHER INFORMATION CONTACT: Reid Lichwell, Fishery Management
Specialist, (978) 281-9112.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery Management Council (Council) is required
to set annual catch limits (ACLs) that do not exceed the acceptable
biological catch (ABC) recommendation of its Scientific and Statistical
Committee (SSC) to prevent overfishing. ABCs represent an upper limit
for the Council to use when setting catch and landing limits. The 2011
ACL Omnibus Amendment implementing rule (76 FR 60606; September 29,
2011), enacted the Council's risk policy that provides guidance to the
SSC on how much overfishing risk the Council will accept when the SSC
develops ABC recommendations. The policy also outlines risk tolerance
for ensuring stocks under rebuilding plans achieve fishing mortality
objectives.
The Council's risk policy for setting ABCs states that for a
typical species whose stock size is equal to or greater than a biomass
target associated with maximum sustainable yield (BMSY), the
acceptable probability of overfishing is 40 percent, i.e., if the
fishery catches the ABC then there is a 60-percent probability of not
overfishing. If a species is deemed to have an atypical life history,
the Council requires at least a 35-percent probability of overfishing
(i.e., a 65-percent chance of not overfishing), to create a larger
buffer when biomass is at or above BMSY. The SSC determines
whether a stock is typical or atypical each time an ABC is recommended.
When an overfishing probability is available and considered reliable by
the SSC, the applicable tolerance for overfishing risk, as informed by
the Council's risk policy, would be selected to derive the ABC
recommendation.
For both typical and atypical species, the Council has specified
that as stock size biomass or (B) falls below the target
(BMSY), then the probability of overfishing decreases, until
the probability of overfishing hits zero when the stock is at 10
percent of the target (BMSY). For a stock under a rebuilding
plan, the probability of not exceeding the fishing mortality rate (F)
within the specified timeframe must be at least 50 percent, unless this
probability threshold is modified through a stock rebuilding plan.
The fishery management plans (FMPs) managed by the Council all have
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provisions for setting specifications for multiple years (five years
for dogfish and three years for all other species). Moving to multi-
year specifications has not provided the anticipated stability to
quotas over a multi-year period. This is because target fishing
mortality rates are applied to stock size projections that tend to
change from year-to-year, creating varying ABCs within multi-year
quotas. The change to constant multi-year ABCs would help bring
stability to quotas while accounting for year-to-year changes in stock
size projections and prevent overfishing.
Proposed Measures
Overfishing Probability Averaging
The proposed action would, when assessment fishing mortality
reference points are accepted by the SSC, average the probability of
overfishing (or achieving the target fishing mortality for rebuilding
stocks) consistent with the existing risk policy requirements. The
constant, multi-year ABCs that would result must continue to meet the
Council's risk policy goals, with the probability of overfishing not to
exceed 50 percent in any given year. For stocks in a rebuilding plan,
the probability of achieving the rebuilding fishery mortality must meet
the risk policy objectives when constant, multi-year ABCs are
recommended by the SSC.
Under the proposed measures, averaged ABCs could be set at a
constant level for up to five years for spiny dogfish and up to three
years for all other species managed by the Council. As an example, if
the application of the risk policy would result in a 40-percent
probability of overfishing in any given year of setting annual quotas,
the average probability of overfishing resulting from constant multi-
year ABCs cannot exceed 40 percent. For any 3-year period, an average
ABC would result in slightly less chance of overfishing in some years
and slightly more of a chance of overfishing in other years compared to
non-averaged ABCs based on year-to-year projections, but could not, as
outlined in the example, exceed 40 percent in any given year. This
would result in a minimal difference of overfishing likelihood between
the yearly ABCs versus a constant ABC over a 3-year period. As
previously noted, the probability of overfishing could not exceed 50
percent in any given individual year of constant multi-year ABCs.
The SSC may provide both a standard 3-year recommendation as well
as a constant 3-year recommendation based on the average overfishing
probability approach for the Council to consider. The SSC would
continue to review fishery performance each year during multi-year
specifications, regardless of which multi-year approach is used to
determine ABCs. The multi-year averaging of ABCs would not apply to
stocks that do not have a quantitative assessment to derive ABCs and
could not be used for stocks with an assessment that cannot provide
information on the risk of overfishing.
ABC Control Rule Assessment Level Designations
The proposed action would revise some of the regulatory language
describing the Council's ABC control rule assessment level
designations. These revisions were recommended by the Council to
clarify the operation of the Council's ABC control rules, these
revisions are merely clarifications and do not create any regulatory
changes in practice.
Notice of Approved Biological Status Criteria
We are also providing notice of the administrative process the
Council will use for incorporating the best scientific information
available in the development of ABCs for the Atlantic Bluefish, Golden
Tilefish, and Atlantic Mackerel, Squid, and Butterfish FMPs. The best
available science requirements have dictated that accepted assessment
information be utilized by the SSC in setting quotas under National
Standard 2. The Council's SSC will utilize peer-reviewed biological
reference points (overfishing level, biomass thresholds, etc.) and
periodic updates to stock status determination criteria (i.e., biomass
and fishing mortality reference points) to define ABCs, consistent with
the Council's other FMPs and National Standards 1 and 2 of the
Magnuson-Stevens Act. This change in Council operations would improve
management efficiency by automatically incorporating new peer-reviewed
status determination criteria instead of requiring a separate
management action to adopt them within these three FMPs. Because best
available science requirements have dictated that accepted assessment
information be utilized by the SSC in recommending ABCs, this proposed
measure would serve to clarify and simplify the administrative
procedures for doing so. This same process has already been identified
by the Council for their other FMPs.
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 all the Mid-Atlantic Fishery
Management Council's FMPs, provisions of the Magnuson-Stevens Act, and
other applicable law, subject to further consideration after public
comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
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 Small Business Administration defines a small business in the
shellfish, finfish or other marine fishing sectors as a firm that is
independently owned and operated with receipts of less than $11 million
annually (see NMFS final rule revising the small business standard for
commercial fishing, 80 FR 81194, December 29, 2015). The measures
proposed in this action apply to the vessels that hold permits for
Council-managed fisheries because all species have ABCs set by the SSC.
According to permit data at the end of 2014, there were 4,712 vessels
with at least one active Northeast Federal fishing permit, either
commercial or party/charter (some vessels have both commercial and
party/charter permits and most vessels have more than one permit).
This proposed action would make it consistent with the Council's
risk policy for the SSC to specify constant multi-year ABCs for all the
Council's FMPs, provided the average of each year's probability of
overfishing adhere to the appropriate overfishing probability goal.
This change would help bring stability to fishing quotas while
accounting for year-to-year changes in stock size projections and
prevent overfishing. Given the inherent uncertainty involved in
assessments, the differences are not expected to be meaningful from a
biological perspective.
In addition, the proposed action would add regulatory language
clarifying the assessment level designations for the Council's ABC
control rule. These changes to the regulations were recommended by the
Council to merely clarify the ABC control rule and do not change its
function or operation.
This action also provides notice that the Atlantic Bluefish, Golden
Tilefish, and Atlantic Mackerel, Squid, and Butterfish FMPs will
automatically incorporate the best available scientific information in
calculating ABCs. This means the SSC would utilize peer-
[[Page 33038]]
reviewed biological reference points (overfishing level, biomass
thresholds, etc.) and periodic updates to stock status determination
criteria (i.e., biomass and fishing mortality reference points) to
define ABCs, consistent with the Council's other FMPs and National
Standards 1 and 2 of the Magnuson-Stevens Act. Since best available
science requirements have dictated that accepted assessment information
be utilized by the SSC in setting quotas, this measure would serve to
clarify and simplify the administrative procedures for doing so.
These measures are administrative and pertain to how the Council
establishes catch limits. There is no reason to believe small entities
will be negatively affected by the proposed action given the
administrative nature of the changes. The resulting actions to set
catch using these new procedures may have an indirect effect on small
entities; however, catch setting will occur in separate subsequent
actions that will include, as needed, analyses under the Regulatory
Flexibility Act. 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: July 12, 2017.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 50
CFR 648 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. Section 648.20 is revised to read as follows:
Sec. 648.20 Mid-Atlantic Fishery Management Council Acceptable
Biological Catch (ABC) control rules.
The SSC shall review the following criteria, and any additional
relevant information, to assign managed stocks to one of four types of
control rules based on the species' assessments and its treatment of
uncertainty when developing ABC recommendations. The SSC shall review
the ABC control rule assignment for stocks each time an ABC is
recommended. ABCs may be recommended for up to 3 years for all stocks,
with the exception of 5 years for spiny dogfish. The SCC may specify
constant, multi-year ABCs, derived from the average of ABCs (or average
risk of overfishing) if the average probability of overfishing remains
between zero and 40 percent, and does not exceed a 50-percent
probability in any given year. The average ABCs may remain constant for
up to 3 years for all stocks, with the exception of 5 years for spiny
dogfish. The SSC may deviate from the control rule methods and
recommend an ABC that differs from the result of the ABC control rule
application; however, any such deviation must include the following: A
description of why the deviation is warranted; description of the
methods used to derive the alternative ABC; and an explanation of how
the deviation is consistent with National Standard 2. The four types of
ABC control rules are described below.
(a) ABC control rule for a stock with an OFL probability
distribution that is analytically-derived and accepted by the SSC.
(1) The SSC determines that the assessment OFL and the assessment's
treatment of uncertainty are acceptable, based on the following:
(i) All important sources of scientific uncertainty are captured in
the stock assessment model;
(ii) The probability distribution of the OFL is calculated within
the stock assessment and adequately describes the OFL uncertainty;
(iii) The stock assessment model structure and treatment of the
data prior to use in the model includes relevant details of the biology
of the stock, fisheries that exploit the stock, and data collection
methods;
(iv) The stock assessment provides the following estimates: Fishing
mortality rate (F) at MSY or an acceptable proxy maximum fishing
mortality threshold (MFMT) to define OFL, biomass, biological reference
points, stock status, OFL, and the respective uncertainties associated
with each value; and
(v) No substantial retrospective patterns exist in the stock
assessment estimates of fishing mortality, biomass, and recruitment.
(2) An ABC for stocks with an accepted OFL probability distribution
that is analytically-derived will be determined by applying the
acceptable probability of overfishing from the MAFMC's risk policy
found in Sec. 648.21(a) through (d) to the probability distribution of
the OFL.
(b) ABC control rule for a stock with an OFL probability
distribution that is modified by the assessment team and accepted by
the SSC.
(1) The SSC determines the assessment OFL is acceptable and the SSC
accepts the assessment team's modifications to the analytically-derived
OFL probability distribution, based on the following:
(i) Key features of the stock biology, the fisheries that exploit
it, and/or the data collection methods for stock information are
missing from, or poorly estimated in, the stock assessment;
(ii) The stock assessment provides reference points (which may be
proxies), stock status, and uncertainties associated with each;
however, the uncertainty is not fully promulgated through the stock
assessment model and/or some important sources of uncertainty may be
lacking;
(iii) The stock assessment provides estimates of the precision of
biomass, fishing mortality, and reference points;
(iv) The accuracy of the minimum fishing mortality threshold and
projected future biomass is estimated in the stock assessment using ad
hoc methods; and
(v) The modified OFL probability distribution provided by the
assessment team acceptably addresses the uncertainty of the assessment.
(2) An ABC for stocks with an OFL probability distribution that is
modified by the assessment team and accepted by the SSC will be
determined by applying the acceptable probability of overfishing from
the MAFMC's risk policy found in Sec. 648.21(a) through (d) to the
probability distribution of the OFL as modified by the assessment team.
(c) ABC control rule for a stock with an OFL probability
distribution that is modified by the SSC.
(1) The SSC determines the assessment OFL is acceptable but the SSC
derives the appropriate uncertainty for OFL based on meta-analysis and
other considerations. This requires the SSC to determine that the stock
assessment does not contain an estimated probability distribution of
OFL or the OFL probability distribution in the stock assessment is
judged by the SSC to not adequately reflect uncertainty in the OFL
estimate.
(2) An ABC for stocks with an OFL probability distribution that is
modified by the SSC will be determined by either (i) applying the
acceptable probability of overfishing from the MAFMC's risk policy
found in Sec. 648.21(a) through (d) to the SSC-adjusted OFL
probability distribution. The SSC will use default assignments of
uncertainty in the adjusted OFL probability distribution based on
literature review and evaluation of control rule performance; or,
(ii) If the SSC cannot develop an OFL probability distribution, a
default
[[Page 33039]]
control rule of 75 percent of the FMSY value will be applied
to derive ABC.
(d) ABC control rule for when an OFL cannot be specified.
(1) The SSC determines that the OFL cannot be specified given the
available information.
(2) An ABC for stocks with an OFL that cannot be specified will be
determined by using control rules based on biomass and catch history
and application of the MAFMC's risk policy found in Sec. 648.21(a)
through (d).
[FR Doc. 2017-15073 Filed 7-18-17; 8:45 am]
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