[Federal Register Volume 78, Number 168 (Thursday, August 29, 2013)]
[Rules and Regulations]
[Pages 53363-53368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-21065]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 120814336-3739-04]
RINs 0648-BC27, 0648-BC97, and 0648-XC240


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 48, Framework Adjustment 50; 
2013 Sector Operations Plans, Contracts, and Allocation Annual Catch 
Entitlements

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

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SUMMARY: This final rule finalizes interim measures put in place for 
the May 1, 2013, start of the Northeast (NE) multispecies fishing year. 
This action intends to do the following: Finalize interim rule measures 
put in place by Framework Adjustment (FW) 48, FW 50, and in the 2013 
Sector Operations Plan rulemakings; respond to public comments received 
on the interim measures; and notify the public of changes being made to 
Eastern U.S./Canada Area quota monitoring and associated reporting 
requirements.

DATES: Effective September 30, 2013.

ADDRESSES: Copies of Frameworks 48 and 50, Sector Operations Plans, 
associated emergency rules, and other measures, the environmental 
assessments (EAs), its Regulatory Impact Reviews (RIRs), and the Final 
Regulatory Flexibility Act (FRFA) analyses prepared by the Council and 
NMFS are available from John K. Bullard, Regional Administrator, NMFS 
Northeast Regional Office (NERO), 55 Great Republic Drive, Gloucester, 
MA 01930. The FRFA analyses consist of the FRFA, public comments and 
responses, and the summary of impacts and alternatives contained in the 
previously published interim rules. The previously listed documents are 
also accessible via the Internet at: http://www.nero.noaa.gov/sfd/sfdmulti.html.

FOR FURTHER INFORMATION CONTACT: For information on this rule contact 
Michael Ruccio, Fishery Policy Analyst, phone: 978-281-9104.
    To obtain the FW 48, FW 50, or Sector Operations Plans interim 
rules, associated National Environmental Policy Act EAs, FRFA Analyses, 
and RIRs, visit NMFS Northeast Regional Office's Web site at: http://www.nero.noaa.gov/sfd/sfdmulti.html, or send a written request to: 
Sustainable Fisheries Division, NMFS Northeast Regional Office, 55 
Great Republic Drive, Gloucester, MA 01930.

SUPPLEMENTARY INFORMATION:

1. Background

    NMFS published three separate interim rules containing various 
measures for the 2013 NE multispecies fishing year that began May 1, 
2013. These rules implemented measures developed by the New England 
Fishery Management Council (Council) and NMFS associated with FW 48 (78 
FR 26118; May 3, 2013), FW 50 (78 FR 26172; May 3, 2013), and Sector 
Operations Plans (78 FR 25591; May 2, 2013). These rules contain 
substantial background, explanation of the measures, responses to 
public comments received on the associated proposed rules, and 
regulatory text that is not repeated here. Public comment was requested 
on several measures within the interim rules. Specifically,
    For FW 48:

 New status determination criteria for white hake
 Monitoring/attribution system for catches from the Eastern 
U.S./Canada Area

    For FW 50:

 Re-estimation of Southern New England (SNE)/Mid-Atlantic (MA) 
yellowtail flounder catch by scallop vessels
 Unused Annual Catch Entitlement (ACE) carryover accounting for 
FY2014 and beyond.

    For Sector Operations Plans:

 A revised explanation of how at-sea monitoring coverage rates 
are derived
 Revisions to the exemptions from the number of gillnets 
imposed on Day gillnet vessels

    This rule finalizes the interim measures as previously published 
for all but the interim Eastern U.S./Canada Area catch monitoring/
attribution. The next section (section 2) briefly summarizes the final 
measures for those items that are unchanged from the interim rules. 
Section 3 provides information on the final Eastern U.S./Canada Area 
catch monitoring/attribution being implemented through this rule. 
Section 4 describes minor corrections to FW 48 and 50 implementing 
regulatory text being made through this rule.

2. Measures Unchanged From the FW 48, FW 50, and Sector Operations 
Plans Interim Rules

White Hake Status Determination Criteria

    The criteria outlined in the May 3, 2013, FW 48 interim rule are 
implemented as final through this rule. The criteria are outlined in 
Table 1. One comment in support of the interim measures was received.

[[Page 53364]]



                   Table 1--Status Determination Criteria and Numerical Estimates of the Status Determination Criteria for White Hake
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Biomass target      Minimum biomass threshold      Maximum fishing mortality
                                                                                                              threshold
                          Criteria
                              --------------------------------------------------------------------------------------------------------------------------
                                         SSB40MSP                  \1/2\ Btarget                 F40MSP
                              --------------------------------------------------------------------------------------------------------------------------
                                           Biomass target      Minimum biomass threshold      Maximum fishing mortality                           MSY
                                                     (mt)                           (mt)                      threshold                          (mt)
                    Values
                              --------------------------------------------------------------------------------------------------------------------------
                                                   32,400                         16,200                           0.20                         5,630
--------------------------------------------------------------------------------------------------------------------------------------------------------
SSB = spawning stock biomass; MSP = maximum spawning potential; B = ca biomass; F = fishing mortality rate; MSY = maximum sustainable yield.

Scallop Vessel Yellowtail Flounder Catch Re-Estimation

    As part of FW 50, the Council recommended that Southern New England 
(SNE)/Mid-Atlantic (MA) yellowtail flounder be added to the annual re-
estimation process of yellowtail flounder catch in the scallop fishery. 
This re-estimation process was originally adopted and implemented as 
part of FW 47 for GB yellowtail flounder beginning in FY 2012. NMFS 
inadvertently omitted adding the SNE/MA stock to the re-estimation 
process in the FW 50 proposed rule (78 FR 19368; March 29, 2013), so 
this addition was included in the FW 50 interim rule. This rule 
finalizes the addition of SNE/MA yellowtail flounder to the re-
estimation process. No comments were received on this measure.

Unused Sector Annual Catch Entitlement (ACE) Carryover in FY 2014 and 
Beyond

    This rule finalizes the carryover accounting concept as described 
in the FW 50 final rule and outlined in Sec.  648.87(b)(1)(i)(G)(1) 
through (5). Prior to the start of FY 2014 and in subsequent years, 
NMFS will determine the appropriate de minimus amount of unused ACE 
carryover for the fishing year. The determination and rationale for the 
de minimus amount will be provided in subsequent notice-and-comment 
rulemaking prior to the start of the fishing year. In addition, sectors 
may continue to bring forward up to 10 percent of unused ACE to the 
subsequent fishing year. If the total fishery level annual catch limit 
(ACL) is not exceeded, the carried over ACE used will not result in 
accountability measures. If the total fishery level ACL is exceeded, 
the amount of carried over catch used above the fishery level ACL will 
be subject to accountability measure overage payback provisions as 
outlined in Sec.  648.87(b)(1)(iii) Sector.

Accountability Measures

    The interim measures contained substantially more detail than the 
proposed rule, including clarification of components for which the 
public had submitted comments. Because of these changes, we sought 
additional comments at the time the interim measures were implemented. 
No comments were received on the 2014 and beyond carryover interim 
measures.
    The Council has included how to account for unused ACE carryover in 
its list of potential topics being developed as part of FW 51 for FY 
2014 implementation. If the Council develops and recommends an 
acceptable carryover approach that would replace the approach finalized 
by this rule, the public will have opportunity to comment on those 
measures as part of a rulemaking proceeding prior to the start of FY 
2014.
Explanation of At-Sea Monitoring Coverage Rates Derivation
    In response to comments on the explanation outlined in the FY 2013 
Sector Operations Plans proposed rule (78 FR 16220; March 14, 2013), 
NMFS provided a revised summary of the methods used to derive at-sea 
monitoring levels in the interim rule, but did not change the level of 
ASM coverage needed for the sector fishery. NMFS published the 
determination of the at-sea monitoring level as an interim measure so 
the public could consider and comment on the expanded analysis 
justifying the ASM coverage level. No comments were received on the 
revised justification. The description and associated adequacy of the 
at-sea coverage rates that result from the methodology is currently the 
subject of litigation in Oceana v. Blank et. al., 1:13-cv-00770. No 
comments were submitted on the interim measures.
Day Gillnet Vessel Sector Exemption Revisions
    This rule finalizes the seasonal periods that Day gillnet vessels 
are not exempt from the maximum number of gillnets, as outlined in the 
FY 2013 Sector Operations Plans interim rule. These periods, designed 
to reduce the potential interaction of gillnet gear with spawning 
aggregations of Atlantic cod, were developed in response to concerns 
raised on the proposed rule. NMFS had initially proposed to exempt Day 
vessels from the maximum number of gillnets for the entire fishing 
year. Some comments received on the proposed rule raised substantial 
concerns about the impact such an exemption could have on spawning cod. 
NMFS agreed with the concerns raised by the commenters and, as such, 
implemented the interim measures outlined. Comments were sought because 
the interim measures that retained gillnet limits during spawning 
periods differed from the proposed rule, which would have granted the 
exemption year-round. No comments were received on this interim 
measure.

3. Eastern U.S./Canada Area Catch Monitoring/Attribution

    NMFS proposed changes to the Eastern U.S./Canada Area quota 
monitoring/attribution in the FW 48 proposed rule (78 FR 18188; March 
25, 2013). Prior to FY 2013, the regulatory text for the catch 
monitoring/attribution program for Georges Bank (GB) cod and haddock 
required that all GB cod and haddock caught on a trip in which a vessel 
fishes in both the Western and Eastern areas be attributed to the 
Eastern area. In reality, NMFS attributed catch of these stocks to 
areas fished based on its understanding that the Amendment 16 intended 
this result and that the regulatory text inadvertently was left 
unchanged from pre-Amendment 16 measures.
    In commenting on the proposed rule, the Council objected to the 
proposed revision stating it was inconsistent with the intent of 
Amendment 16 to the FMP. Because the proposed change was meant to 
reflect Council intent regarding Amendment 16, NMFS withdrew its 
proposed revision leaving the original

[[Page 53365]]

text in place. This change was noted as an interim measure and 
additional comments sought on it because it varied from the proposed 
rule.
    NMFS received a second comment letter from the Council on the 
interim measure, retracting the first statement of intent, and 
supporting the originally proposed approach. The letter, dated May 9, 
2013, clarified that the original text was inconsistent with the 
Council's intent for the quota monitoring/attribution program for GB 
cod and haddock in the Eastern U.S./Canada area established by 
Amendment 16 to the FMP. NMFS announced on July 10, 2013, that Eastern 
U.S./Canada Area catch monitoring/attribution was being changed from 
the interim method to a system that apportions catch based on area 
fished, consistent with the recommendation of the Council and the 
proposed rule measure. Comments were received on the interim measures 
(see Response to Comments).
    NMFS also intends to propose, through separate rulemaking, that 
vessels declared to fish in the Eastern U.S./Canada Area submit daily 
VMS catch reports. This type of reporting requirement change is within 
the authority granted to the Regional Administrator. More information 
on why NMFS believes daily catch reports would enhance quota 
monitoring/attribution and enforcement will be provided in the upcoming 
proposed rule.

4. Minor Corrections to FW 48 and 50 Final Rules

    The regulatory text in the Framework 48 interim final rule 
contained errors that are corrected through this final rule to 
accurately reflect the intent of Framework 48. The regulatory text of 
Sec.  648.90(a)(5)(i)(D)(2), the accountability measure (AM) for 
Atlantic halibut, in the proposed rule and interim final rule 
incorrectly omitted the prohibition on possession of Atlantic halibut 
when the overall annual catch limit (ACL) is exceeded. This AM was 
implemented by FW 47 and intended to be retained by FW 48 as part of 
the revised AMs for this stock. The preamble of the FW 48 proposed and 
interim final rules accurately reflected the intent of Framework 48. 
This final rule corrects the regulations to make clear that possession 
of Atlantic halibut is prohibited when the AM for this stock is in 
effect.
    The remaining corrections described below were largely editorial. 
In Sec.  648.86(a)(3)(ii)(A)(4) the period that was incorrectly 
inserted after ``NE'' is removed. In Sec.  648.87(b)(1)(ii)(F), excess 
parentheses are removed from footnotes 2 and 3 for the Gulf of Maine 
(GOM) Winter Flounder Stock Area coordinates, and the N. latitude for 
Point 5 in the coordinate table is made a superscript. A cross 
reference to at-sea monitoring requirements in paragraph Sec.  
648.87(b)(5)(iii)(A) is updated. A cross reference to dockside 
monitoring regulations, which were removed by FW 48, is removed from 
Sec.  648.87(c)(2)(i). In Sec.  648.90(a)(4)(iii)(E), the regulations 
regarding a SNE/MA windowpane flounder sub-ACL for the Atlantic sea 
scallop fishery, an incorrect reference to GB yellowtail flounder is 
corrected to SNE/MA windowpane flounder. References to an AM for SNE/MA 
winter flounder is removed from the list of non-allocated stock AMs in 
Sec.  648.90(a)(5)(i)(D), because this stock was allocated by FW 50. 
Although the FW 50 final regulatory text correctly removed the SNE/MA 
winter flounder non-allocated stock AM at Sec.  648.90(a)(5)(i)(D)(4), 
this paragraph had inadvertently been left in the regulations. This 
final rule removes the SNE/MA winter flounder non-allocated stock AM at 
Sec.  648.90(a)(5)(i)(D)(4).

Comments and Responses

    Thirteen comments were received on the interim measures as 
previously described. Six comments, including the Council and the State 
of Maine, supported using the attribution of catch by area fished 
method being finalized by this rule for the Eastern U.S./Canada Area 
catch monitoring/attribution. Four comments supported the interim 
measures for Eastern U.S./Canada Area monitoring/attribution. One 
commenter supported the interim rule white hake status determination 
criteria in addition to commenting on the U.S./Canada Area monitoring/
attribution. Some comments were directed at issues outside the scope of 
the interim measures. Only comments that directly addressed the interim 
measures are addressed. Comments received on the proposed FW 48 and 50 
and Sector Operations Plans rules were responded to in full in the 
respective interim rules for these actions and are not repeated here.
    Comment 1: Four comments supported the interim measures for Eastern 
U.S./Canada Area monitoring/attribution of catch for Georges Bank cod 
and haddock. For clarity, this is the system that attributed all catch 
of cod, haddock, and yellowtail flounder caught on a trip that fishes 
both inside and outside of the Eastern U.S./Canada Area to the U.S./
Canada TACs.
    These comments stated that any system that does not attribute all 
subsequent catch to the Eastern U.S./Canada Area, including that caught 
in other areas after a vessel exits the area, encourages misreporting 
of catch (i.e., Eastern Area fish reported as Western Area). Some of 
the commenters stated that 100 percent observer coverage should be 
required on all Eastern U.S./Canada Area trips; others stated that 
vessels declaring trips to the Eastern U.S./Canada Area should have the 
option to request an observer.
    Response: The regulatory changes to the method for attributing 
catch in the Eastern U.S. Canada are being implemented to clarify the 
Council's intent for the method in Amendment 16 to the Northeast 
Multispecies FMP. Nevertheless, NMFS disagrees that the interim 
measures are necessary for continued quota monitoring/attribution of 
Eastern U.S./Canada Area catches and NMFS is implementing the system 
originally proposed in the FW 48 proposed rule (78 FR 18188). Under 
this system NMFS uses VMS, VTR, and interactive voice recording (IVR) 
data to attribute catches to the areas fished. This system is called 
catch attribution by area fished.
    The system proposed initially was the standard practice in place 
since FY 2010 which, at the time, was based on NMFS' interpretation of 
Council intent in Amendment 16. When the Council provided a strong 
statement of its intent on the proposed rule, NMFS implemented the 
interim measures that attribute all catch to the Eastern U.S./Canada 
Area. As such, it was possible for a vessel's catch from nonadjacent 
areas to be attributed to the Eastern U.S./Canada Area. To some, this 
did not appear to make sense but it was stated as the Council's intent. 
The subsequent clarification revised the Council intent. Moreover, NMFS 
believes that the attribution by area fished method being finalized 
here makes good sense and has strong merit. Under the system being 
finalized here, catch is attributed to the actual areas where fishing 
occurs.
    The commenters supporting the continuation of the interim measures 
raise concerns that use of any other system to monitor catches will 
lead to misreporting. NMFS shares concerns that catch reporting must be 
accurate to ensure effective quota monitoring/attribution. NMFS 
believes that the catch attribution by area fished and VMS catch 
reporting help to accurately track catch against quotas and to dissuade 
misreporting. To better enhance catch monitoring/attribution and 
enforcement, NMFS will be proposing, through separate rulemaking, to 
use Regional Administrator authority to require vessels declared to 
fish in the Eastern U.S./Canada Area to submit daily catch reports 
though VMS.

[[Page 53366]]

    These commenters also expressed a desire for greater at-sea 
monitoring/attribution of trips to the Eastern U.S./Canada Area. NMFS 
is paying to provide monitoring on 22 percent of the FY 2013 sector 
fishing trips. The percent coverage was derived consistent with the 
methodology established by Amendment 16 and as outlined in the 2013 at-
sea coverage level determination analytical summary (http://www.nero.noaa.gov/ro/fso/reports/Sectors/ASM/FY2013_Multispecies_Sector_ASM_Requirements_Summary.pdf) which takes into account all 
provisions of the Magnuson-Stevens Act. Trips to the Eastern U.S./
Canada Area may be randomly selected from the 22 percent available. At 
this time, NMFS has insufficient resources to fully fund and staff 100 
percent at-sea monitoring. Similarly, the ability to request at-sea 
monitoring for trips to the Eastern U.S./Canada Area could bias the 
selection process and result in coverage shortfalls in other areas of 
the fishery. As previously stated, NMFS believes that the combination 
of catch attribution by area fished and the forthcoming proposed rule 
to require daily catch reporting through VMS will be sufficient to 
dissuade misreporting.
    In addition, the Council's Groundfish Plan Development Team (PDT) 
was tasked by the Council to try and ascertain if misreporting was 
occurring and, if so, to what extent. The PDT examined the differences 
between VTR and VMS data, the differences in VTR and observer data, 
catch rates on observed trips, tow start and end locations, annual 
catch entitlement leasing activity, and other data to try and ascertain 
if misreporting has occurred or if vessels selected for observer 
coverage have avoided fishing in the Eastern U.S./Canada Area. The PDT 
concluded in an April 15, 2013, memo to the Council's Groundfish 
Oversight Committee:

    After reviewing the analyses, the PDT concluded that there is 
some evidence that there are differences in fishing behavior between 
the Eastern and Western Georges Bank Areas, and between observed and 
unobserved trips. The analyses do not identify a specific cause, and 
while some of the results may be consistent with the hypothesis that 
misreporting is occurring, others are not. The PDT concluded that 
the analyses were inconclusive in determining if misreporting is 
occurring. It is not possible to quantify how these differences may 
affect catch estimates for Eastern Georges Bank cod.

    The PDT indicated that the incentive to misreport was strong, given 
the low Eastern Georges Bank catch limit and provided several 
recommendations that might help improve reporting compliance. NMFS 
updated the VTR instructions on recording within the last year. This is 
responsive to one of the PDT's recommendations. The upcoming rule 
proposing daily VMS catch reporting is also consistent with PDT 
recommendations to improve reporting compliance.
    In summary, NMFS believes that the catch attribution by area fished 
methodology being implemented by this rule is consistent with Council 
intent in Amendment 16 and is a sound approach that is adequate for 
Eastern U.S./Canada Area quota monitoring/attribution. Random observer 
coverage, VMS, VTR, and IVR information are all used in this 
monitoring/attribution system and, when paired with random observer 
coverage and daily VMS reporting in the future, will sufficiently 
enhance monitoring/attribution and compliance.
    Comment 2: Six comments supported the U.S./Canada Area quota 
monitoring/attribution/attribution methodology as outlined in the FW 48 
proposed rule, apportionment by area fished.
    Response: NMFS agrees with these commenters and has already 
implemented the use of the FW 48 proposed quota monitoring/attribution 
method. This rule codifies the regulatory changes necessary to effect 
this change permanently.

Changes From the Interim Rules

    As previously outlined, this rule finalizes the Eastern U.S./Canada 
Area catch reporting methodology originally proposed for FY 2013: Catch 
attribution by area fished.

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 necessary for the 
conservation and management of the NE multispecies fishery and 
consistent with the Magnuson-Stevens Act, and other applicable law.
    The measures of the FW 50 interim rule were previously determined 
to be significant for purposes of Executive Order (E.O.) 12866. The 
measures of FW 48 were previously determined to not be significant 
under E.O. 12866. The E.O. 12866 criteria did not apply to the Sector 
Operations Plans rule as it contained no implementing regulatory text. 
Finalization of the interim measures through this rule does not modify 
or otherwise change these determinations.
    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.
    Pursuant to the Regulatory Flexibility Act, and prior to the Small 
Business Administration's (SBA) June 20, 2013, final rule, Final 
Regulatory Flexibility Analyses (FRFAs) were prepared for these actions 
when implemented as interim measures, as required by section 604 of the 
Regulatory Flexibility Act, as part of the regulatory impact review. On 
June 20, 2013, the SBA issued a final rule revising the small business 
size standards for several industries effective on July 22, 2013 (78 FR 
37398). The rule increased the size standard for Finfish Fishing from $ 
4.0 to 19.0 million, Shellfish Fishing from $ 4.0 to 5.0 million, and 
Other Marine Fishing from $4.0 to 7.0 million. Id. at 37400 (Table 1).
    The analyses for this action used SBA's former size standards. The 
FRFAs describe the economic impact the interim rules have on small 
entities. NMFS has determined that the new size standards do not affect 
the previously completed FRFAs. Similarly, finalization of the interim 
measures by this rule does not change the previously completed FRFAs. 
Each of the statutory requirements of section 604(b) and (c) were 
addressed and summarized in the Classification sections of the FW 48, 
FW 50, and Sector Operations Plans interim rules. As such, the FRFA 
analyses are not repeated here.
    A small entity compliance guide for the interim measures, as 
required by Section 212 of the Small Business Regulatory Enforcement 
Fairness Act of 1996, was issued on April 30, 2013. This rule 
finalizing the interim measures makes no changes except for all but the 
Eastern U.S./Canada Area quota monitoring/attribution system; 
therefore, NMFS is not re-issuing the previously distributed compliance 
guide. Small entities have been operating under the interim measure 
since May 1, 2013, and this rule changes only the interim Eastern U.S. 
Canada Area quota monitoring/attribution measures, as previously 
described in the preamble of this rule. Redistributing the previously 
issued compliance guide would likely result in confusion. An additional 
small entity compliance guide announcing the changes to the Eastern 
U.S./Canada Area quota monitoring/attribution was issued on July 9, 
2013. These small entity compliance guides were sent to all holders of 
Federal permits issued for the NE multispecies fisheries, as well as 
the scallop and herring fisheries that receive an allocation of some 
groundfish stocks. In addition, copies of this final rule and guides 
(i.e., information bulletins) are

[[Page 53367]]

available from NMFS (see ADDRESSES) and at the following Web site: 
http://www.nero.noaa.gov/.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: August 23, 2013.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, performing the functions and 
duties of the 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.  648.85, revise the introductory text of paragraph 
(a)(3)(ii)(A) to read as follows:


Sec.  648.85  Special management programs.

* * * * *
    (a) * * *
    (3) * * *
    (ii) * * *
    (A) A common pool vessel fishing under a NE multispecies DAS in the 
Eastern U.S./Canada Area may fish both inside and outside of the 
Eastern U.S./Canada Area on the same trip, provided it complies with 
the most restrictive DAS counting requirements specified in Sec.  
648.10(e)(5), trip limits, and reporting requirements for the areas 
fished for the entire trip, and the restrictions specified in 
paragraphs (a)(3)(ii)(A)(1) through (4) of this section. A vessel on a 
sector trip may fish both inside and outside of the Eastern U.S./Canada 
Area on the same trip, provided it complies with the restrictions 
specified in paragraphs (a)(3)(ii)(A)(1) through (3) of this section. 
When a vessel operator elects to fish both inside and outside of the 
Eastern U.S./Canada Area, all cod and haddock caught on that trip will 
be apportioned by area fished, as determined by all available data 
sources, and those portions of the catch taken inside the Eastern U.S./
Canada Area shall count toward the applicable hard TAC specified for 
the U.S./Canada Management Area.
* * * * *

0
3. In Sec.  648.86, revise paragraph (a)(3)(ii)(A)(4) to read as 
follows:


Sec.  648.86  NE Multispecies possession restrictions.

* * * * *
    (a) * * *
    (3) * * *
    (ii) * * *
    (A) * * *
    (4) The haddock incidental catch caps specified are for the NE 
multispecies fishing year (May 1-April 30), which differs from the 
herring fishing year (January 1-December 31). If the haddock incidental 
catch allowance is attained by the herring midwater trawl fishery for 
the GOM or GB, as specified in Sec.  648.85(d), the 2,000-lb (907.2-kg) 
limit on herring possession in the applicable AM Area, as described in 
paragraph (a)(3)(ii)(A)(2) or (3) of this section, shall be in effect 
until the end of the NE multispecies fishing year. For example, the 
2011 haddock incidental catch cap is specified for the period May 1, 
2011-April 30, 2012, and the 2012 haddock catch cap would be specified 
for the period May 1, 2012-April 30, 2013. If the catch of haddock by 
herring midwater trawl vessels reached the 2011 incidental catch cap at 
any time prior to the end of the NE multispecies fishing year (April 
30, 2012), the 2,000-lb (907.2-kg) limit on possession of herring in 
the applicable AM Area would extend through April 30, 2012. Beginning 
May 1, 2012, the 2012 catch cap would go into effect.
* * * * *

0
4. In Sec.  648.87, revise paragraphs (b)(1)(ii)(F) and (b)(5)(iii)(A), 
and the introductory text of paragraph (c)(2)(i), to read as follows:


Sec.  648.87  Sector allocation.

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (F) GOM Winter Flounder Stock Area. The GOM Winter Flounder Stock 
Area, for the purposes of identifying stock areas for trip limits 
specified in Sec.  648.86 and for determining areas applicable to 
sector allocations of GOM winter flounder ACE pursuant to paragraph (b) 
of this section, is the area bounded by straight lines connecting the 
following points in the order stated:

                     GOM Winter Flounder Stock Area
------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
1..............................  (\1\)                70[deg]00'
2..............................  42[deg]20'           70[deg]00'
3..............................  42[deg]20'           67[deg]40'
4..............................  (\2\)                67[deg]40'
5..............................  (\3\)                67[deg]40'
6..............................  43[deg]50'           67[deg]40'
7..............................  43[deg]50'           \4\
8..............................  (\4\)                67[deg]00'
9..............................  (\5\)                67[deg]00'
------------------------------------------------------------------------
(\1\) Intersection of the north-facing coastline of Cape Cod, MA, and
  70[deg]00' W. long.
(\2\) U.S./Canada maritime boundary (southern intersection with
  67[deg]40' N. lat.)
(\3\) U.S./Canada maritime boundary (northern intersection with
  67[deg]40' N. lat.)
(\4\) U.S./Canada maritime boundary.
(\5\) Intersection of the south-facing ME coastline and 67[deg]00' W.
  long.

* * * * *
    (5) * * *
    (iii) * * *
    (A) Vessel requirements. In addition to all other reporting/
recordkeeping requirements specified in this part, to facilitate the 
deployment of at-sea monitors and electronic monitoring equipment 
pursuant to paragraph (b)(1)(v)(B)(1) of this section, the operator of 
a vessel fishing on a sector trip must provide at-sea/electronic 
monitoring service providers with at least the following information: 
The vessel name, permit number, trip ID number in the form of the VTR 
serial number of the first VTR page for that trip or another trip 
identifier specified by NMFS, whether a monkfish DAS will be used, and 
an estimate of the date/time of departure in advance of each trip. The 
timing of such notice shall be sufficient to allow ample time for the 
service provider to determine whether an at-sea monitor or electronic 
monitoring equipment will be deployed on each trip and allow the at-sea 
monitor or electronic monitoring equipment to prepare for the trip and 
get to port, or to be installed on the vessel, respectively. The 
details of the timing, method (e.g., phone, email, etc.), and 
information needed for such pre-trip notifications shall be included as 
part of a sector's yearly operations plan. If a vessel has been 
informed by a service provider that an at-sea monitor or electronic 
monitoring equipment has been assigned to a particular trip pursuant to 
paragraph (b)(5)(iii)(B)(1) of this section, the vessel may not leave 
port to begin that trip until the at-sea monitor has arrived and 
boarded the vessel, or the electronic monitoring equipment has been 
properly installed.
    (c) * * *
    (2) * * *
    (i) Regulations that may not be exempted for sector participants. 
The Regional Administrator may not exempt participants in a sector from 
the following Federal fishing regulations: Specific time and areas 
within the NE multispecies year-round closure areas; permitting 
restrictions (e.g., vessel upgrades, etc.); gear restrictions designed 
to minimize habitat impacts (e.g., roller gear restrictions, etc.); 
reporting requirements; and AMs specified at Sec.  648.90(a)(5)(i)(D). 
For the purposes of this paragraph (c)(2)(i), the DAS reporting 
requirements specified at Sec.  648.82; the SAP-specific reporting

[[Page 53368]]

requirements specified at Sec.  648.85; and the reporting requirements 
associated with a dockside monitoring program are not considered 
reporting requirements, and the Regional Administrator may exempt 
sector participants from these requirements as part of the approval of 
yearly operations plans. For the purpose of this paragraph (c)(2)(i), 
the Regional Administrator may not grant sector participants exemptions 
from the NE multispecies year-round closures areas defined as Essential 
Fish Habitat Closure Areas as defined at Sec.  648.81(h); the 
Fippennies Ledge Area as defined in paragraph (c)(2)(i)(A) of this 
section; Closed Area I and Closed Area II, as defined at Sec.  
648.81(a) and (b), respectively, during the period February 16 through 
April 30; and the Western GOM Closure Area, as defined at Sec.  
648.81(e), where it overlaps with any Sector Rolling Closure Areas, as 
defined at Sec.  648.81(f)(2)(vi). This list may be modified through a 
framework adjustment, as specified in Sec.  648.90.
* * * * *

0
5. In Sec.  648.90, revise paragraph (a)(4)(iii)(E), paragraph 
(a)(5)(i)(D) introductory text, and paragraph (a)(5)(i)(D)(2), and 
remove and reserve paragraph (a)(5)(i)(D)(4) to read as follows:


Sec.  648.90  NE multispecies assessment, framework procedures and 
specifications, and flexible area action system.

* * * * *
    (a) * * *
    (4) * * *
    (iii) * * *
    (E) SNE/MA windowpane flounder catch by the Atlantic sea scallop 
fishery. SNE/MA windowpane flounder catch in the Atlantic sea scallop 
fishery, as defined in subpart D of this part, shall be deducted from 
the ABC/ACL for SNE/MA windowpane flounder pursuant to the restrictions 
specified in subpart D of this part and the process to specify ABCs and 
ACLs, as described in paragraph (a)(4) of this section. The Atlantic 
sea scallop fishery shall be allocated 36 percent of the SNE/MA 
windowpane flounder ABC in fishing year 2013 and each fishing year 
after, pursuant to the process for specifying ABCs and ACLs described 
in this paragraph (a)(4). An ACL based on this ABC shall be determined 
using the process described in paragraph (a)(4)(i) of this section.
* * * * *
    (5) * * *
    (i) * * *
    (D) AMs for both stocks of windowpane flounder, ocean pout, 
Atlantic halibut, and Atlantic wolffish. At the end of each fishing 
year, NMFS shall determine if the overall ACL for northern windowpane 
flounder, southern windowpane flounder, ocean pout, Atlantic halibut, 
or Atlantic wolffish was exceeded. If the overall ACL for any of these 
stocks is exceeded, NMFS shall implement the appropriate AM, as 
specified in this paragraph (a)(5)(i)(D), in a subsequent fishing year, 
consistent with the APA. If reliable information is available, the AM 
shall be implemented in the fishing year immediately following the 
fishing year in which the overage occurred. Otherwise, the AM shall be 
implemented in the second fishing year after the fishing year in which 
the overage occurred. For example, if NMFS determined before the start 
of fishing year 2013 that the overall ACL for northern windowpane 
flounder was exceeded by the groundfish fishery in fishing year 2012, 
the applicable AM would be implemented for fishing year 2013. If NMFS 
determined after the start of fishing year 2013 that the overall ACL 
for northern windowpane flounder was exceeded in fishing year 2012, the 
applicable AM would be implemented for fishing year 2014. If updated 
catch information becomes available subsequent to the implementation of 
an AM that indicates that an ACL was not exceeded, the AM will be 
rescinded, consistent with the Administrative Procedure Act.
* * * * *
    (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 21 percent or more, the 
applicable large 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 
straight 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 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 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) * * *
    (4) [Reserved]
* * * * *
[FR Doc. 2013-21065 Filed 8-28-13; 8:45 am]
BILLING CODE 3510-22-P