[Federal Register Volume 78, Number 181 (Wednesday, September 18, 2013)]
[Proposed Rules]
[Pages 57341-57347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22737]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 130702583-3583-01]
RIN 0648-BD40


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Annual Catch 
Limits and Accountability Measures

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes regulations to implement an omnibus amendment to 
three of the Mid-Atlantic Fishery Management Council's fishery 
management plans. The omnibus amendment proposes to change the 
accountability measures for the Atlantic mackerel, Atlantic bluefish, 
summer flounder, scup, and black sea bass recreational fisheries. The 
proposed measures are intended to more appropriately address 
accountability in the recreational fisheries.

DATES: Submit comments on or before October 18, 2013.

ADDRESSES: A draft environmental assessment (EA) was prepared for the 
Recreational Accountability Measures Omnibus Amendment that describes 
the proposed action and other considered alternatives, and provides a 
thorough analysis of the impacts of the proposed measures and 
alternatives. Copies of the Recreational AM Omnibus Amendment, 
including the draft EA, are available on request from Dr. Christopher 
M. Moore, Executive Director, Mid-Atlantic Fishery Management Council, 
800 North State Street, Suite 201, Dover, DE 19901. These documents are 
also available online at http://www.mafmc.org.
    You may submit comments on this document, identified NOAA-NMFS-
2013-0108, by any of the following methods:

[[Page 57342]]

     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0108, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Fax: (978) 281-9135, Attn: Comments on Recreational 
Omnibus Amendment, NOAA-NMFS-2013-0108.
     Mail and Hand Delivery: John K. Bullard, Regional 
Administrator, NMFS, Northeast Regional Office, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope: 
``Comments on Recreational Omnibus Amendment.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous). Attachments to electronic comments will be accepted in 
Microsoft Word, Excel, or Adobe PDF file formats only.

FOR FURTHER INFORMATION CONTACT: Moira Kelly, Fishery Policy Analyst, 
(978) 281-9218.

SUPPLEMENTARY INFORMATION:

Background

    In 2011, the Council adopted, and NMFS implemented, an Omnibus 
Annual Catch Limit (ACL) and Accountability Measures (AM) Amendment to 
establish AMs for the commercial and recreational fisheries that catch 
Atlantic mackerel, butterfish, Atlantic bluefish, summer flounder, 
scup, black sea bass, golden tilefish, ocean quahog, and Atlantic 
surfclams. The AMs for the recreational fisheries included in-season 
closure authority for the Regional Administrator when landings were 
known to have reached the recreational harvest limit (RHL), and pound-
for-pound payback of any overage. In 2012, the recreational black sea 
bass fishery significantly exceeded its RHL. The pound-for-pound 
payback requirement would drastically limit the recreational black sea 
bass fishery in fishing year 2014. As a result, the Council decided to 
review the recreational fishery AMs to determine if a different 
approach to recreational accountability would be more appropriate. 
Specifically, the Council wanted to develop AMs that took into account 
the status of the stock and the biological consequences, if any, 
resulting from a recreational sector overage.

Proposed Measures

    These proposed regulations implementing these measures were deemed 
by the Council to be consistent with the amendment, and necessary to 
implement such provisions pursuant to section 303(c) of the Magnuson-
Stevens Act through a letter, dated August 20, 2013, from the Council 
Chairman to the NMFS Regional Administrator.
    1. Annual Catch Target (ACT) process. The Council considered 
modifying the ACT process to either explicitly consider or require a 
reduction from the recreational ACL that would account for the 
uncertainty in recreational catch estimates. However, the Council 
decided, and this rule proposes, no changes to the existing language 
that states that an ACT may be reduced from ACL to account for 
uncertainty, but does not require a reduction or that the Monitoring 
Committee highlight the uncertainty in the recreational estimate. The 
Council determined that the current approach retains the highest degree 
of flexibility in its specifications setting process.
    2. In-Season Closure Authority. This rule proposes to remove the 
in-season closure authority for the affected recreational fisheries. 
The Council considered maintaining the closure authority as it 
currently is (based only on known information), or allowing the 
Regional Administrator to use projections of recreational landings to 
determine if a closure is necessary. The delay in receiving 
recreational landings information, combined with regional differences 
in the recreational fisheries and the resultant disproportional impacts 
of an in-season closure, led the Council to recommend removing this 
authority.
    The Council also considered granting the Regional Administrator the 
ability to modify the recreational management measures (bag limit, 
minimum fish size, or season) during the fishing year, but decided 
against that alternative because it was difficult to implement, 
especially in fisheries operating under conservation equivalency. 
Conservation equivalency allows each state to establish its own 
recreational management measures to achieve its state harvest limit 
partitioned by the Atlantic States Marine Fisheries Commission from the 
coastwide recreational harvest limit, as long as the combined effect of 
all of the states' management measures achieves the same level of 
conservation as would Federal coastwide measures. This configuration of 
regulations makes implementing in-season changes to management measures 
difficult.
    3. Incorporate catch estimate uncertainty in ACL overage 
determination. The Council recommends comparing the 3-year moving 
average of the lower confidence interval of the recreational catch 
estimate to the 3-year moving average of the recreational ACL to 
determine if an overage has occurred. The Council considered 
maintaining the current 3-year average of the catch point estimate for 
the summer flounder, scup, and black sea bass fisheries or using only a 
single year's point estimate compared to a single year's ACL for all 
five recreational fisheries. (Note, Atlantic mackerel and bluefish 
currently use only a single-year comparison.) The Council also 
considered using a multi-year approach that would trigger an AM only if 
more than one overage occurred in a 4-year period.
    NMFS notes that there are concerns regarding the Council's 
recommended approach. The Council's draft document stated that using 
the lower confidence interval is only appropriate if the stock is in a 
``healthy condition.'' The discussion during the Council's June 
meeting, however, did not address this requirement. The Council's 
amendment clarifies that if stock status is unknown, if overfishing is 
occurring, or if the stock is overfished, then the point estimate of 
the recreational catch would be used. In addition, there is concern 
that using the lower confidence interval may not meet the requirement 
in National Standard 2 of the Magnuson-Stevens Act to use the best 
scientific information available. While there is uncertainty in the 
recreational catch estimate and there is a degree of probability that 
the actual catch is lower than the point estimate, there is an equal 
degree of probability that the actual catch is above the point 
estimate. Using the point estimate mitigates the risk of the actual 
catch being significantly above or below the estimate. However, using 
the lower bound of the confidence interval ensures that the actual 
catch would almost always be higher than the value used to determine 
whether an overage occurred.
    Accordingly, NMFS seeks comments on whether it should approve the 
measure that would determine overages in these recreational fisheries 
by using the 3-year moving average of the lower

[[Page 57343]]

confidence interval of the recreational catch estimate, defined by the 
Council as the point estimate less one standard error, for ``healthy'' 
stocks.
    4. Incorporate stock status in AM determination. This rule proposes 
a system of AMs that would result in a payback if: (1) The stock is 
overfished (i.e., the most recent estimate of biomass (B), is below the 
threshold, or B/BMSY < \1/2\), under a rebuilding plan, or 
if stock status is unknown, and the ACL was exceeded; or (2) biomass is 
below the target, but above the threshold (i.e., \1/2\ < B/
BMSY <1), and the acceptable biological catch (ABC) is 
exceeded. Otherwise, adjustments to the management measures would be 
used as an AM. This adjustment would be in addition to any necessary 
adjustments needed to meet that year's new catch limits.
    The Council currently adjusts its management measures to achieve, 
but not exceed, the next year's catch limit based largely on what the 
fishery caught in the current year. If the next year's catch limit is 
higher than this year's catch, then measures may be liberalized. 
Conversely, if the next year's catch limit is lower than this year's 
catch, then measures must be tightened. These adjustments happen 
independently of any catch limit overage. The Council intends for the 
overage to result in a ``performance review,'' such that if an overage 
did occur, an adjustment to the expectation that those measures would 
achieve, but not exceed, the target would be incorporated into the 
coming year's measures determination. This would result in measures 
potentially being less liberal, or tightened more, than they otherwise 
would have been had the overage not occurred.
    The Council also considered different combinations of stock status 
and overage threshold (ABC only, or the overfishing limit (OFL)) to 
determine when, if at all, a payback was necessary.
    5. Scaled payback calculation. The Council recommends that the 
amount of a payback (if determined to be appropriate under 4, 
above) be scaled relative to the biomass. That is, the payback would be 
the product of the difference between the catch and the ACL (i.e., the 
overage amount) and the payback coefficient. The payback coefficient is 
equal to the difference between the most recent estimates of 
BMSY and current biomass, divided by \1/2\ BMSY.
    This would result in a smaller payback the closer the estimated 
biomass is to the target and a larger payback the farther away the 
estimated biomass is from the target. This scaling is intended to 
minimize the economic impacts of a payback for healthy stocks, while 
still accounting for the biological consequences of the overage. This 
scaling would not be used if the stock was overfished (i.e., if B/
BMSY < \1/2\), or if the stock status is unknown. In those 
cases, the payback would be equal to the full amount of the overage. In 
addition, if the stock is above the target (i.e., B/BMSY > 
1), then the payback would be zero.

Classification

    Except for the measure identified as being a concern, NMFS has made 
a preliminary determination that the measures this proposed rule would 
implement are consistent with the Atlantic Mackerel, Squid, and 
Butterfish FMP, the Atlantic Bluefish FMP, the Summer Flounder, Scup, 
and Black Sea Bass FMP, the Magnuson-Stevens Act, and other applicable 
laws. In making the final determination, NMFS will take into account 
the data, views, and comments received during the comment period.
    The Office of Management and Budget has determined that this 
proposed rule is not significant for the purposes of Executive Order 
12866.
    The Chief Council for Regulation of the Department of Commerce 
certified to the Chief Council 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 Council conducted a comprehensive evaluation of the potential 
socioeconomic impacts of the Recreational AM Omnibus Amendment measures 
in conjunction with the environmental assessment analyses. The Council 
concluded, and NMFS agrees, that the formal procedures for addressing 
recreational accountability measures proposed by the Recreational AM 
Omnibus Amendment are administrative, as they are entirely a 
description of process. While the Recreational AM Omnibus Amendment 
provides detailed descriptions of the frameworks for how the AMs will 
function, the action contains no actual application of those AMs for 
any of the Mid-Atlantic recreational fisheries. As a result, there are 
no potential economic impacts to evaluate. Implementation of 
adjustments to catch limits or management measures with measurable 
impacts will occur and be analyzed in future actions. As the measures 
proposed by the Recreational AM Omnibus Amendment are utilized in 
future actions, the specific impacts resulting from the application of 
those measures will be evaluated through the Council's specification 
processes for each FMP.
    The Council-conducted analyses identified 714 unique fishing 
entities in the Northeast Region that would likely be affected by the 
future implementation of the AMs. However, given the administrative 
aspects of the proposed measures, there are neither expected direct 
economic or disproportionate impacts to either small or large regulated 
entities given the aforementioned description of the administrative 
processes proposed by the Recreational AM Omnibus Amendment.
    As a result, an initial regulatory flexibility analysis is not 
required and none has been prepared.
    On June 20, 2013, the Small Business Administration (SBA) issued a 
final rule revising the small business size standards for several 
industries effective 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. Pursuant to the Regulatory Flexibility Act, 
and prior to SBA's June 20, 2013, final rule, a certification was 
developed for this action using SBA's former size standards. Subsequent 
to the June 20, 2013, rule, NMFS has reviewed the certification 
prepared for this action in light of the new size standards. Under the 
former, lower size standards, all entities subject to this action were 
considered small entities, thus they all would continue to be 
considered small under the new standards. NMFS has determined that the 
new size standards do not affect the analyses prepared for this action.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: September 12, 2013.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, performing the 
functions and duties of the Assistant Administrator for Fisheries, 
National Marine Fisheries Service.

    For the reasons stated in the preamble, 50 CFR part 648 is proposed 
to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

    Authority: 16 U.S.C. 1801 et seq.


[[Page 57344]]


0
2. In Sec.  648.24, paragraphs (b)(2) through (b)(5) are revised to 
read as follows:


Sec.  648.24  Fishery closures and accountability measures.

* * * * *
    (b) * * *
    (2) Mackerel commercial landings overage repayment. If the mackerel 
ACL is exceeded and commercial fishery landings are responsible for the 
overage, then landings in excess of the DAH will be deducted from the 
DAH the following year, as a single-year adjustment to the DAH.
    (3) Non-landing AMs. In the event that the ACL is exceeded, and 
that the overage has not been accommodated through the landing-based AM 
described in paragraph (b)(2) of this section, but is attributable to 
the commercial sector, then the exact amount, in pounds, by which the 
commercial ACT was exceeded will be deducted from the following year's 
commercial ACT, as a single-year adjustment.
    (4) Mackerel recreational AMs. If the mackerel ACL is exceeded and 
the recreational fishery landings are responsible for the overage, then 
the following procedure will be followed:
    (i) If biomass is below the threshold, the stock is under 
rebuilding, or biological reference points are unknown. If the most 
recent estimate of biomass is below the BMSY threshold 
(i.e., B/BMSY is less than 0.5), the stock is under a 
rebuilding plan, or the biological reference points (B or 
BMSY) are unknown, and the ACL has been exceeded, then the 
exact amount, in pounds, by which the most recent year's recreational 
catch estimate caused the most recent year's ACL to be exceeded will be 
deducted from the following year's recreational ACT, as a single-year 
adjustment.
    (ii) If biomass is above the threshold, but below the target, and 
the stock is not under rebuilding. If the most recent estimate of 
biomass is above the biomass threshold (B/BMSY is greater 
than 0.5), but below the biomass target (B/BMSY is less than 
1.0), and the stock is not under a rebuilding plan, then the following 
AMs will apply:
    (A) If the ACL has been exceeded. If the ACL has been exceeded, 
then adjustments to the recreational management measures, taking into 
account the performance of the measures and conditions that 
precipitated the overage, will be made in the following fishing year, 
or as soon as possible thereafter, once catch data are available, as a 
single-year adjustment.
    (B) If the ABC has been exceeded. If the ABC has been exceeded, 
then a single-year adjustment to the following year's recreational ACT 
will be made, as described below. In addition, adjustments to the 
recreational management measures, taking into account the performance 
of the measures and conditions that precipitated the overage, will be 
made in the following year.
    (1) Adjustment to ACT. If an adjustment to the following year's ACT 
is required, then the recreational ACT will be reduced by the exact 
amount, in pounds, of the product of the recreational overage, defined 
as the difference between the recreational contribution to the catch 
above the ACL, and the payback coefficient specified in paragraph 
(b)(4)(ii)(B)(2) of this section.
    (2) Payback coefficient. The payback coefficient is the difference 
between the most recent estimates of BMSY and biomass (i.e., 
BMSY - B) divided by one-half of BMSY.
    (iii) If biomass is above BMSY. If the most recent estimate of 
biomass is above BMSY (i.e., B/BMSY is greater 
than 1.0), then adjustments to the recreational management measures, 
taking into account the performance of the measures and conditions that 
precipitated the overage, will be made in the following fishing year, 
or as soon as possible thereafter, once catch data are available, as a 
single-year adjustment.
    (5) Mackerel ACL overage evaluation--(i) If the stock is not 
overfished and overfishing is not occurring. The ACL will be evaluated 
based on the single-year examination of total commercial catch 
(landings and dead discards) plus the 3-year moving average of the 
lower bounds of the confidence intervals, defined for each year as the 
point estimate less one standard error, of the total recreational catch 
estimates (landings and dead discards). Both landings and dead discards 
will be evaluated in determining whether the ACL has been exceeded. 
NMFS shall make determinations about overages and implement any changes 
to the ACL, in accordance with the Administrative Procedure Act, 
through notification in the Federal Register, by May 15 of the fishing 
year in which the deductions will be made.
    (ii) If the stock is overfished or overfishing is occurring. The 
ACL will be evaluated based on the single-year examination of total 
commercial catch (landings and dead discards) plus the 3-year moving 
average of the point estimates of the total recreational catch 
estimates (landings and dead discards). Both landings and dead discards 
will be evaluated in determining whether the ACL has been exceeded. 
NMFS shall make determinations about overages and implement any changes 
to the ACL, in accordance with the Administrative Procedure Act, 
through notification in the Federal Register, by May 15 of the fishing 
year in which the deductions will be made.
* * * * *
0
3. In Sec.  648.103, paragraph (b)(3) is added and paragraphs (c), (d), 
and (e) are revised to read as follows:


Sec.  648.103  Summer flounder accountability measures.

* * * * *
    (b) * * *
    (3) Non-landing accountability measure. In the event that the 
commercial ACL is exceeded and that the overage has not been 
accommodated through the landings-based AM, then the exact amount by 
which the commercial ACL was exceeded, in pounds, will be deducted, as 
soon as possible, from the applicable subsequent single fishing year 
commercial ACL.
    (c) Recreational ACL Evaluation--(1) If the stock is not overfished 
and overfishing is not occurring. The recreational sector ACL will be 
evaluated based on a 3-year moving average comparison of the lower 
bound of the confidence interval of the total recreational catch 
estimate (landings and dead discards), defined as the point estimate 
less one standard error. Both landings and dead discards will be 
evaluated in determining if the 3-year average recreational sector ACL 
has been exceeded.
    (i) The 3-year moving average will be phased in over the first 3 
years, beginning with 2012: The lower bound of the confidence interval 
of the recreational catch estimate from 2012 will be compared to the 
2012 recreational sector ACL; the average of the lower bounds of the 
confidence intervals of the total recreational catch (landings and dead 
discards) estimates from both 2012 and 2013 will be compared to the 
average of the 2012 and 2013 recreational sector ACLs; the average of 
the lower bounds of the confidence interval of the total recreational 
catch (landings and dead discards) estimates from 2012, 2013, and 2014 
will be compared to the average of the 2012, 2013, and 2014 
recreational sector ACLs.
    (ii) For all subsequent years, the preceding 3-year average of the 
lower bounds of the confidence intervals of the total recreational 
catch (landings and dead discards) estimates will be

[[Page 57345]]

compared to the preceding 3-year average of the recreational sector 
ACLs.
    (2) If the stock is overfished or overfishing is occurring. The 
recreational sector ACL will be evaluated based on a 3-year moving 
average comparison of the total recreational catch estimate (landings 
and dead discards). Both landings and dead discards will be evaluated 
in determining if the 3-year average recreational sector ACL has been 
exceeded.
    (d) Recreational AMs. If the recreational ACL is exceeded, then the 
following procedure will be followed:
    (1) If biomass is below the threshold, the stock is under 
rebuilding, or biological reference points are unknown. If the most 
recent estimate of biomass is below the BMSY threshold 
(i.e., B/BMSY is less than 0.5), the stock is under a 
rebuilding plan, or the biological reference points (B or 
BMSY) are unknown, and the recreational ACL has been 
exceeded, then the exact amount, in pounds, by which the most recent 
year's recreational catch estimate exceeded the most recent year's 
recreational ACL will be deducted, in the following fishing year, or as 
soon as possible, thereafter, once catch data are available, from the 
recreational ACT, as a single-year adjustment.
    (2) If biomass is above the threshold, but below the target, and 
the stock is not under rebuilding. If the most recent estimate of 
biomass is above the biomass threshold (B/BMSY is greater 
than 0.5), but below the biomass target (B/BMSY is less than 
1.0), and the stock is not under a rebuilding plan, then the following 
AMs will apply:
    (i) If the Recreational ACL has been exceeded. If the Recreational 
ACL has been exceeded, then adjustments to the recreational management 
measures, taking into account the performance of the measures and 
conditions that precipitated the overage, will be made in the following 
fishing year, or as soon as possible thereafter, once catch data are 
available, as a single-year adjustment.
    (ii) If the ABC has been exceeded. If the ABC has been exceeded, 
then a single-year adjustment to the recreational ACT will be made, in 
the following fishing year, or as soon as possible thereafter, once 
catch data are available, as described in paragraph (d)(2)(ii)(A) of 
this section. In addition, adjustments to the recreational management 
measures, taking into account the performance of the measures and 
conditions that precipitated the overage, will be made in the following 
year.
    (A) Adjustment to Recreational ACT. If an adjustment to the 
following year's Recreational ACT is required, then the ACT will be 
reduced by the exact amount, in pounds, of the product of the overage, 
defined as the difference between the recreational catch and the 
recreational ACL, and the payback coefficient, as specified in 
paragraph (d)(2)(ii)(B) of this section.
    (B) Payback coefficient. The payback coefficient is the difference 
between the most recent estimate of biomass and BMSY (i.e., 
BMSY - B) divided by one-half of BMSY.
    (3) If biomass is above BMSY. If the most recent estimate of 
biomass is above BMSY (i.e., B/BMSY is greater 
than 1.0), then adjustments to the recreational management measures, 
taking into account the performance of the measures and conditions that 
precipitated the overage, will be made in the following fishing year, 
or as soon as possible thereafter, once catch data are available, as a 
single-year adjustment.
    (e) State/Federal disconnect AM. If the total catch, allowable 
landings, commercial quotas, and/or RHL measures adopted by the ASMFC 
Summer Flounder, Scup and Black Sea Bass Management Board and the MAFMC 
differ for a given fishing year, administrative action will be taken as 
soon as possible to revisit the respective recommendations of the two 
groups. The intent of this action shall be to achieve alignment through 
consistent state and Federal measures such that no differential effects 
occur on Federal permit holders.
0
4. In Sec.  648.123, paragraphs (b), (c), and (d) are revised and 
paragraph (e) is added to read as follows:


Sec.  648.123  Scup accountability measures.

* * * * *
    (b) Non-landing accountability measure. In the event that the 
commercial ACL has been exceeded and the overage has not been 
accommodated through the landings-based AM, then the exact amount by 
which the commercial ACL was exceeded, in pounds, will be deducted, as 
soon as possible, from the applicable subsequent single fishing year 
commercial ACL.
    (c) Recreational ACL Evaluation--(1) If the stock is not overfished 
and overfishing is not occurring. The recreational sector ACL will be 
evaluated based on a 3-year moving average comparison of the lower 
bound of the confidence interval of the total recreational catch 
estimate (landings and dead discards), defined as the point estimate 
less one standard error. Both landings and dead discards will be 
evaluated in determining if the 3-year average recreational sector ACL 
has been exceeded.
    (i) The 3-year moving average will be phased in over the first 3 
years, beginning with 2012: The lower bound of the confidence interval 
of the recreational catch estimate from 2012 will be compared to the 
2012 recreational sector ACL; the average of the lower bounds of the 
confidence intervals of the total recreational catch (landings and dead 
discards) estimates from both 2012 and 2013 will be compared to the 
average of the 2012 and 2013 recreational sector ACLs; the average of 
the lower bounds of the confidence intervals of the total recreational 
catch (landings and dead discards) estimates from 2012, 2013, and 2014 
will be compared to the average of the 2012, 2013, and 2014 
recreational sector ACLs.
    (ii) For all subsequent years, the preceding 3-year average of the 
lower bounds of the confidence intervals of the total recreational 
catch (landings and dead discards) estimates will be compared to the 
preceding 3-year average of the recreational sector ACLs.
    (2) If the stock is overfished or overfishing is occurring. The 
recreational sector ACL will be evaluated based on a 3-year moving 
average comparison of the total recreational catch estimate (landings 
and dead discards). Both landings and dead discards will be evaluated 
in determining if the 3-year average recreational sector ACL has been 
exceeded.
    (d) Recreational AMs. If the recreational ACL is exceeded, then the 
following procedure will be followed:
    (1) If biomass is below the threshold, the stock is under 
rebuilding, or biological reference points are unknown. If the most 
recent estimate of biomass is below the BMSY threshold 
(i.e., B/BMSY is less than 0.5), the stock is under a 
rebuilding plan, or the biological reference points (B or 
BMSY) are unknown, and the recreational ACL has been 
exceeded, then the exact amount, in pounds, by which the most recent 
year's recreational catch estimate exceeded the most recent year's 
recreational ACL will be deducted in the following fishing year, or as 
soon as possible, thereafter, once catch data are available, from the 
recreational ACT, as a single-year adjustment.
    (2) If biomass is above the threshold, but below the target, and 
the stock is not under rebuilding. If the most recent estimate of 
biomass is above the biomass threshold (B/BMSY is greater 
than 0.5), but below the biomass target

[[Page 57346]]

(B/BMSY is less than 1.0), and the stock is not under a 
rebuilding plan, then the following AMs will apply:
    (i) If the Recreational ACL has been exceeded. If the Recreational 
ACL has been exceeded, then adjustments to the recreational management 
measures, taking into account the performance of the measures and 
conditions that precipitated the overage, will be made in the following 
fishing year, or as soon as possible thereafter, once catch data are 
available, as a single-year adjustment.
    (ii) If the ABC has been exceeded. If the ABC has been exceeded, 
then a single year adjustment to the recreational ACT will be made, in 
the following fishing year, or as soon as possible thereafter, once 
catch data are available, as described in paragraph (d)(2)(ii)(A) of 
this section. In addition, adjustments to the recreational management 
measures, taking into account the performance of the measures and 
conditions that precipitated the overage, will be made in the following 
year.
    (A) Adjustment to Recreational ACT. If an adjustment to the 
following year's Recreational ACT is required, then the ACT will be 
reduced by the exact amount, in pounds, of the product of the overage, 
defined as the difference between the recreational catch and the 
recreational ACL, and the payback coefficient, as specified in 
paragraph (d)(2)(ii)(B) of this section.
    (B) Payback coefficient. The payback coefficient is the difference 
between the most recent estimate of biomass and BMSY (i.e., 
BMSY - B) divided by one-half of BMSY.
    (3) If biomass is above BMSY. If the most recent estimate of 
biomass is above BMSY (i.e., B/BMSY is greater 
than 1.0), then adjustments to the recreational management measures, 
taking into account the performance of the measures and conditions that 
precipitated the overage, will be made in the following fishing year, 
or as soon as possible thereafter, once catch data are available, as a 
single-year adjustment.
    (e) State/Federal disconnect AM. If the total catch, allowable 
landings, commercial quotas, and/or RHL measures adopted by the ASMFC 
Summer Flounder, Scup and Black Sea Bass Management Board and the MAFMC 
differ for a given fishing year, administrative action will be taken as 
soon as possible to revisit the respective recommendations of the two 
groups. The intent of this action shall be to achieve alignment through 
consistent state and Federal measures such that no differential effects 
occur on Federal permit holders.
0
5. In Sec.  648.143, paragraphs (b), (c), and (d) are revised and 
paragraph (e) is added to read as follows:


Sec.  648.143  Black sea bass Accountability Measures.

* * * * *
    (b) Non-landing accountability measure. In the event that the 
commercial ACL has been exceeded and the overage has not been 
accommodated through the landings-based AM, then the exact amount by 
which the commercial ACL was exceeded, in pounds, will be deducted, as 
soon as possible, from the applicable subsequent single fishing year 
commercial ACL.
    (c) Recreational ACL Evaluation--(1) If the stock is not overfished 
and overfishing is not occurring. The recreational sector ACL will be 
evaluated based on a 3-year moving average comparison of the lower 
bound of the confidence interval of the total recreational catch 
estimate (landings and dead discards), defined as the point estimate 
less one standard error. Both landings and dead discards will be 
evaluated in determining if the 3-year average recreational sector ACL 
has been exceeded.
    (i) The 3-year moving average will be phased in over the first 3 
years, beginning with 2012: The lower bound of the confidence interval 
of the recreational catch estimate from 2012 will be compared to the 
2012 recreational sector ACL; the average of the lower bounds of the 
confidence intervals of the total recreational catch (landings and dead 
discards) estimates from both 2012 and 2013 will be compared to the 
average of the 2012 and 2013 recreational sector ACLs; the average of 
the lower bounds of the confidence intervals of the total recreational 
catch (landings and dead discards) estimates from 2012, 2013, and 2014 
will be compared to the average of the 2012, 2013, and 2014 
recreational sector ACLs.
    (ii) For all subsequent years, the preceding 3-year average of the 
lower bounds of the confidence intervals of the total recreational 
catch (landings and dead discards) estimates will be compared to the 
preceding 3-year average of the recreational sector ACLs.
    (2) If the stock is overfished or overfishing is occurring. The 
recreational sector ACL will be evaluated based on a 3-year moving 
average comparison of the total recreational catch estimate (landings 
and dead discards). Both landings and dead discards will be evaluated 
in determining if the 3-year average recreational sector ACL has been 
exceeded.
    (d) Recreational AMs. If the recreational ACL is exceeded, then the 
following procedure will be followed:
    (1) If biomass is below the threshold, the stock is under 
rebuilding, or biological reference points are unknown. If the most 
recent estimate of biomass is below the BMSY threshold 
(i.e., B/BMSY is less than 0.5), the stock is under a 
rebuilding plan, or the biological reference points (B or 
BMSY) are unknown, and the recreational ACL has been 
exceeded, then the exact amount, in pounds, by which the most recent 
year's recreational catch estimate exceeded the most recent year's 
recreational ACL will be deducted in the following fishing year, or as 
soon as possible thereafter, once catch data are available, from the 
recreational ACT, as a single-year adjustment.
    (2) If biomass is above the threshold, but below the target, and 
the stock is not under rebuilding. If the most recent estimate of 
biomass is above the biomass threshold (B/BMSY is greater 
than 0.5), but below the biomass target (B/BMSY is less than 
1.0), and the stock is not under a rebuilding plan, then the following 
AMs will apply:
    (i) If the Recreational ACL has been exceeded. If the Recreational 
ACL has been exceeded, then adjustments to the recreational management 
measures, taking into account the performance of the measures and 
conditions that precipitated the overage, will be made in the following 
fishing year, or as soon as possible thereafter, once catch data are 
available, as a single-year adjustment.
    (ii) If the ABC has been exceeded. If the ABC has been exceeded, 
then a single-year adjustment to the recreational ACT will be made in 
the following fishing year, or as soon as possible thereafter, once 
catch data are available, as described in paragraph (d)(2)(ii)(A) of 
this section. In addition, adjustments to the recreational management 
measures, taking into account the performance of the measures and 
conditions that precipitated the overage, will be made in the following 
year.
    (A) Adjustment to Recreational ACT. If an adjustment to the 
following year's Recreational ACT is required, then the ACT will be 
reduced by the exact amount, in pounds, of the product of the overage, 
defined as the difference between the recreational catch and the 
recreational ACL, and the payback coefficient, as specified in 
paragraph (d)(2)(ii)(B) of this section.

[[Page 57347]]

    (B) Payback coefficient. The payback coefficient is the difference 
between the most recent estimate of biomass and BMSY (i.e., 
BMSY - B) divided by one-half of BMSY.
    (3) If biomass is above BMSY. If the most recent estimate of 
biomass is above BMSY (i.e., B/BMSY is greater 
than 1.0), then adjustments to the recreational management measures, 
taking into account the performance of the measures and conditions that 
precipitated the overage, will be made in the following fishing year, 
or as soon as possible thereafter, once catch data are available, as a 
single-year adjustment.
    (e) State/Federal disconnect AM. If the total catch, allowable 
landings, commercial quotas, and/or RHL measures adopted by the ASMFC 
Summer Flounder, Scup and Black Sea Bass Management Board and the MAFMC 
differ for a given fishing year, administrative action will be taken as 
soon as possible to revisit the respective recommendations of the two 
groups. The intent of this action shall be to achieve alignment through 
consistent state and Federal measures such that no differential effects 
occur to Federal permit holders.
0
6. In Sec.  648.163, paragraphs (a), (d), and (e) are revised to read 
as follows:


Sec.  648.163  Bluefish Accountability Measures (AMs).

    (a) ACL overage evaluation--(1) If the stock is not overfished and 
overfishing is not occurring. The ACL will be evaluated based on the 
single-year examination of total commercial catch (landings and dead 
discards) plus the 3-year moving average of the lower bounds of the 
confidence intervals, defined for each year as the point estimate less 
one standard error, of the total recreational catch estimates (landings 
and dead discards). Both landings and dead discards will be evaluated 
in determining whether the ACL has been exceeded. NMFS shall make 
determinations about overages and implement any changes to the ACL, in 
accordance with the Administrative Procedure Act, through notification 
in the Federal Register, by May 15 of the fishing year in which the 
deductions will be made.
    (2) If the stock is overfished or overfishing is occurring. The ACL 
will be evaluated based on the single-year examination of total 
commercial catch (landings and dead discards) plus the 3-year moving 
average of the point estimates of the total recreational catch estimate 
(landings and dead discards). Both landings and dead discards will be 
evaluated in determining whether the ACL has been exceeded. NMFS shall 
make determinations about overages and implement any changes to the 
ACL, in accordance with the Administrative Procedure Act, through 
notification in the Federal Register, by May 15 of the fishing year in 
which the deductions will be made.
* * * * *
    (d) Recreational landings AM when the ACL is exceeded and no 
sector-to-sector transfer of allowable landings has occurred. If the 
fishery-level ACL is exceeded and landings from the recreational 
fishery are determined to be the sole cause of the overage, and no 
transfer between the commercial and recreational sector was made for 
the fishing year, as outlined in Sec.  648.162(b)(2), then the 
following procedure will be followed:
    (1) If biomass is below the threshold, the stock is under 
rebuilding, or biological reference points are unknown. If the most 
recent estimate of biomass is below the BMSY threshold 
(i.e., B/BMSY is less than 0.5), the stock is under a 
rebuilding plan, or the biological reference points (B or 
BMSY) are unknown, and the ACL has been exceeded, then the 
exact amount, in pounds, by which the most recent year's recreational 
catch estimate exceeded the most recent year's ACL will be deducted 
from the following year's recreational ACT, or as soon as possible 
thereafter, once catch data are available, as a single-year adjustment.
    (2) If biomass is above the threshold, but below the target, and 
the stock is not under rebuilding. If the most recent estimate of 
biomass is above the biomass threshold (B/BMSY is greater 
than 0.5), but below the biomass target (B/BMSY is less than 
1.0), and the stock is not under a rebuilding plan, then the following 
AMs will apply:
    (i) If the ACL has been exceeded. If the ACL has been exceeded, 
then adjustments to the recreational management measures, taking into 
account the performance of the measures and conditions that 
precipitated the overage, will be made in the following fishing year, 
or as soon as possible thereafter, once catch data are available, as a 
single-year adjustment.
    (ii) If the ABC has been exceeded. If the ABC has been exceeded, 
then a single-year adjustment to the following year's recreational ACT 
will be made in the following fishing year, or as soon as possible 
thereafter, once catch data are available, as described in paragraph 
(d)(2)(ii)(A) of this section. In addition, adjustments to the 
recreational management measures, taking into account the performance 
of the measures and conditions that precipitated the overage, will be 
made in the following year.
    (A) Adjustment to Recreational ACT. If an adjustment to the 
following year's Recreational ACT is required, then the ACT will be 
reduced by the exact amount, in pounds, of the product of the 
recreational overage, defined as the difference between the 
recreational contribution to the catch above the ACL, and the payback 
coefficient, as specified in paragraph (d)(2)(ii)(B) of this section.
    (B) Payback coefficient. The payback coefficient is the difference 
between the most recent estimates of BMSY and biomass (i.e., 
BMSY - B) divided by one-half of BMSY.
    (3) If biomass is above BMSY. If the most recent estimate of 
biomass is above BMSY (i.e., B/BMSY is greater 
than 1.0), then adjustments to the recreational management measures, 
taking into account the performance of the measures and conditions that 
precipitated the overage, will be made in the following fishing year, 
or as soon as possible thereafter, once catch data are available, as a 
single-year adjustment.
    (e) AM for when the ACL is exceeded and a sector-to-sector transfer 
of allowable landings has occurred. If the fishery-level ACL is 
exceeded and landings from the recreational fishery and/or the 
commercial fishery are determined to have caused the overage, and a 
transfer between the commercial and recreational sector has occurred 
for the fishing year, as outlined in Sec.  648.162(b)(2), then the 
amount transferred between the recreational and commercial sectors may 
be reduced by the ACL overage amount (pound-for-pound repayment) in a 
subsequent, single fishing year if the Bluefish Monitoring Committee 
determines that the ACL overage was the result of too liberal a 
landings transfer between the two sectors. If the Bluefish Monitoring 
Committee determines that the ACL overage was not the result of the 
landings transfer, the recreational AMs described in paragraph (d) of 
this section will be implemented.
* * * * *
[FR Doc. 2013-22737 Filed 9-17-13; 8:45 am]
BILLING CODE 3510-22-P