[Federal Register Volume 80, Number 45 (Monday, March 9, 2015)]
[Proposed Rules]
[Pages 12380-12393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05386]



[[Page 12380]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 140821699-5191-01]
RIN 0648-XD461


Magnuson-Stevens Act Provisions; Fisheries of the Northeastern 
United States; Northeast Multispecies Fishery; 2015 and 2016 Sector 
Operations Plans and 2015 Contracts and Allocation of Northeast 
Multispecies Annual Catch Entitlements

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

ACTION: Proposed rule; request for comments.

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SUMMARY: We propose to approve 17 sector operations plans and contracts 
for fishing years 2015 and 2016, grant regulatory exemptions for 
fishing years 2015 and 2016, and provide Northeast multispecies annual 
catch entitlements to these sectors for fishing year 2015. We request 
comment on the proposed sector operations plans and contracts; the 
environmental assessment analyzing the impacts of the operations plans; 
and our proposal to grant (in whole or partially) 19 of the 22 
regulatory exemptions requested by the sectors. Approval of sector 
operations plans is necessary to allocate annual catch entitlements to 
the sectors and for the sectors to operate. The Northeast Multispecies 
Fishery Management Plan allows limited access permit holders to form 
sectors, and requires sectors to submit their operations plans and 
contracts to us, NMFS, for approval or disapproval. Approved sectors 
are exempt from certain effort control regulations and receive 
allocation of Northeast multispecies based on its members' fishing 
history.
    This document also announces the target at-sea monitoring coverage 
rate for sector trips for fishing year 2015.

DATES: Written comments must be received on or before March 24, 2015.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2014-0111, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to 
www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2014-0111, click the 
``Comment Now!'' icon, complete the required fields, and enter or 
attach your comments.
     Mail: Submit written comments to Liz Sullivan, 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 publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Management 
Specialist, phone (978) 282-8493, fax (978) 281-9135. To review Federal 
Register documents referenced in this rule, you can visit: http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies.

SUPPLEMENTARY INFORMATION:

Background

    Amendment 13 to the Northeast (NE) Multispecies Fishery Management 
Plan (FMP) (69 FR 22906, April 27, 2004) established a process for 
forming sectors within the NE multispecies (groundfish) fishery, and 
Amendment 16 to the FMP (74 FR 18262, April 9, 2010), followed by 
Framework Adjustment 45 to the FMP (76 FR 23042, April 25, 2011) and 
Framework 48 to the FMP (78 FR 26118; May 3, 2013), expanded and 
revised sector management.
    The FMP defines a sector as ``[a] group of persons (three or more 
persons, none of whom have an ownership interest in the other two 
persons in the sector) holding limited access vessel permits who have 
voluntarily entered into a contract and agree to certain fishing 
restrictions for a specified period of time, and which has been granted 
a TAC(s) [sic] in order to achieve objectives consistent with 
applicable FMP goals and objectives.'' Sectors are self-selecting, 
meaning each sector can choose its members.
    The NE multispecies sector management system allocates a portion of 
the NE multispecies stocks to each sector. These annual sector 
allocations are known as annual catch entitlements (ACE). These 
allocations are a portion of a stock's annual catch limit (ACL) 
available to commercial NE multispecies vessels, based on the 
collective fishing history of a sector's members. Currently, sectors 
may receive allocations of most large-mesh NE multispecies stocks with 
the exception of Atlantic halibut, windowpane flounder, Atlantic 
wolffish, and ocean pout. A sector determines how to harvest its ACEs 
and may decide to consolidate operations to fewer vessels.
    Because sectors elect to receive an allocation under a quota-based 
system, the FMP grants sector vessels several ``universal'' exemptions 
from the FMP's effort controls. These universal exemptions apply to: 
Trip limits on allocated stocks; the Georges Bank (GB) Seasonal Closure 
Area; NE multispecies days-at-sea (DAS) restrictions; the requirement 
to use a 6.5-inch (16.5-cm) mesh codend when fishing with selective 
gear on GB; portions of the Gulf of Maine (GOM) Rolling Closure Areas 
(or as modified by Framework 53); and the at-sea monitoring (ASM) 
coverage rate for sector vessels fishing on a monkfish DAS in the 
Southern New England (SNE) Broad Stock Area (BSA) with extra-large mesh 
gillnets. The FMP prohibits sectors from requesting exemptions from 
permitting restrictions, gear restrictions designed to minimize habitat 
impacts, and reporting requirements.
    We received operations plans and preliminary contracts for fishing 
years 2015 and 2016 from 17 sectors. The operations plans are similar 
to previously approved versions, but propose operations spanning 2 
fishing years, and include additional exemption requests and proposals 
for industry-funded ASM plans. This is the first year that 2-year 
operations plans have been submitted by the sectors, as allowed in the 
Amendment 16 final rule. Two-year sector operations plans will help 
streamline the process for sector managers and reduce administrative 
burdens for both sectors and NMFS. Six sectors that have operated in 
past years did not submit operations plans or contracts. Four of these 
sectors now operate as state-operated permit banks as described below.
    We have made a preliminary determination that the proposed 17 
sector operations plans and contracts, and 19 of the 22 regulatory 
exemptions, in whole or partially, are consistent with the FMP's goals 
and objectives, and meet sector requirements outlined in the 
regulations at Sec.  648.87. We summarize many of the sector 
requirements in this proposed rule and request comments on the proposed 
operations plans, the accompanying environmental assessment (EA), and 
our proposal to wholly or partially grant 19 of the 22 regulatory 
exemptions

[[Page 12381]]

requested by the sectors, but deny the rest. Copies of the operations 
plans and contracts, and the EA, are available at http://www.regulations.gov and from NMFS (see ADDRESSES). One of the 17 
sectors, Northeast Fishery Sector (NEFS) 4, proposes to operate as a 
private lease-only sector.
    The six sectors that chose not to submit operations plans and 
contracts for fishing years 2015 and 2016 are the Tri-State Sector, the 
GB Hook Sector, and four state-operated permit bank sectors as follows: 
The State of Maine Permit Bank Sector, the State of New Hampshire 
Permit Bank Sector, the Commonwealth of Massachusetts Permit Bank 
Sector, and the State of Rhode Island Permit Bank Sector. The final 
rule implementing Amendment 17 to the FMP allows a state-operated 
permit bank to receive an allocation without needing to comply with the 
administrative and procedural requirements for sectors (77 FR 16942, 
March 23, 2012). These permit banks are required to submit a list of 
participating permits to us by a date specified in the permit bank's 
Memorandum of Agreement, typically April 1.

Sector Allocations

    Sectors typically submit membership information to us on December 1 
prior to the start of the fishing year, which begins each year on May 
1. Due to a delay in distributing a letter describing each vessel's 
potential contribution to a sector's quota for fishing year 2015, we 
extended the deadline to join a sector until February 18, 2014. Based 
on sector enrollment trends from the past 5 fishing years, we expect 
sector participation in fishing year 2015 will be similar. Thus, we are 
using fishing year 2014 rosters as a proxy for fishing year 2015 sector 
membership and calculating the fishing year 2015 projected allocations 
in this proposed rule. In addition to the membership delay, all permits 
that change ownership after December 1, 2014, retain the ability to 
join a sector through April 30, 2015. All permits enrolled in a sector, 
and the vessels associated with those permits, have until April 30, 
2015, to withdraw from a sector and fish in the common pool for fishing 
year 2015. For fishing year 2016, we will set similar roster deadlines, 
notify permit holders of the fishing year 2016 deadlines, and allow 
permit holders to change sectors separate from the annual approval 
process. We will publish final sector ACEs and common pool sub-ACL 
totals, based upon final rosters, as soon as possible after the start 
of fishing year 2015, and again after the start of fishing year 2016.
    The allocations proposed in this rule are based on the fishing year 
2015 specifications recommended by the New England Fishery Management 
Council in Framework 53. These allocations are not final, and are 
subject to the approval of Framework 53. We expect a rule proposing the 
Framework 53 management measures to publish in March 2015.
    We calculate the sector's allocation for each stock by summing its 
members' potential sector contributions (PSC) for a stock, as shown in 
Table 1. The information presented in Table 1 is the total percentage 
of each commercial sub-ACL each sector would receive for fishing year 
2015, based on their fishing year 2014 rosters. Tables 2 and 3 show the 
allocations each sector would be allocated for fishing year 2015, based 
on their fishing year 2014 rosters. At the start of the fishing year, 
after sector enrollment is finalized, we provide the final allocations, 
to the nearest pound, to the individual sectors, and we use those final 
allocations to monitor sector catch. While the common pool does not 
receive a specific allocation, the common pool sub-ACLs have been 
included in each of these tables for comparison.
    We do not assign an individual permit separate PSCs for the Eastern 
GB cod or Eastern GB haddock; instead, we assign a permit a PSC for the 
GB cod stock and GB haddock stock. Each sector's GB cod and GB haddock 
allocations are then divided into an Eastern ACE and a Western ACE, 
based on each sector's percentage of the GB cod and GB haddock ACLs. 
For example, if a sector is allocated 4 percent of the GB cod ACL and 6 
percent of the GB haddock ACL, the sector is allocated 4 percent of the 
commercial Eastern U.S./Canada Area GB cod total allowable catch (TAC) 
and 6 percent of the commercial Eastern U.S./Canada Area GB haddock TAC 
as its Eastern GB cod and haddock ACEs. These amounts are then 
subtracted from the sector's overall GB cod and haddock allocations to 
determine its Western GB cod and haddock ACEs. A sector may only 
harvest its Eastern GB cod ACEs in the Eastern U.S./Canada Area. 
However, Framework 51 implemented a mechanism that allows sectors to 
``convert'' their Eastern GB haddock allocation into Western GB haddock 
allocation (79 FR 22421; April 22, 2014) and fish that converted ACE in 
Western GB.
    At the start of fishing year 2015, we will withhold 20 percent of 
each sector's fishing year 2015 allocation until we finalize fishing 
year 2014 catch information. Further, we will allow sectors to transfer 
fishing year 2014 ACE for 2 weeks of the fishing year following the 
completion of year-end catch accounting to reduce or eliminate any 
fishing year 2014 overages. If necessary, we will reduce any sector's 
fishing year 2015 allocation to account for a remaining overage in 
fishing year 2014. We will follow the same process for fishing year 
2016. We will notify the Council and sector managers of this deadline 
in writing and will announce this decision on our Web site at: http://www.greateratlantic.fisheries.noaa.gov/.
BILLING CODE 3510-22-P

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[GRAPHIC] [TIFF OMITTED] TP09MR15.001


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[GRAPHIC] [TIFF OMITTED] TP09MR15.002

BILLING CODE 3510-22-C

Sector Operations Plans and Contracts

    As stated previously, we received 17 sector operations plans and 
contracts by the September 2, 2014, deadline for fishing years 2015 and 
2016. In order to approve a sector's operations plan for fishing years 
2015 and 2016, that sector must have been compliant with reporting 
requirements from all previous years, including the year-end reporting 
requirements found at

[[Page 12385]]

Sec.  648.87(b)(1)(vi)(C). Approved operations plans, provided on our 
Web site as a single document for each sector, not only contain the 
rules under which each sector would fish, but also provide the legal 
contract that binds each member to the sector for the length of the 
sector's operations plan. Each sector's operations plan, and sector 
members, must comply with the regulations governing sectors, found at 
Sec.  648.87. In addition, each sector must conduct fishing activities 
as detailed in its approved operations plan.
    Any permit holder with a limited access NE multispecies permit that 
was valid as of May 1, 2008, is eligible to participate in a sector, 
including an inactive permit currently held in confirmation of permit 
history. If a permit holder officially enrolls a permit in a sector and 
the fishing year begins, then that permit must remain in the sector for 
the entire fishing year, and cannot fish in the NE multispecies fishery 
outside of the sector (i.e., in the common pool) during the fishing 
year. Participating vessels are required to comply with all pertinent 
Federal fishing regulations, except as specifically exempted in the 
letter of authorization (LOA) issued by the Regional Administrator, 
which details any approved exemptions from regulations. If, during a 
fishing year, or between fishing years 2015 and 2016, a sector requests 
an exemption that we have already approved, or proposes a change to 
administrative provisions, we may amend the sector operations plans. 
Should any amendments require modifications to LOAs, we would include 
these changes in updated LOAs and provide these to the appropriate 
sector members.
    As in previous years, we retain the right to revoke exemptions in-
season for the following reasons: If we determine that the exemption 
jeopardizes management measures, objectives, or rebuilding efforts; if 
the exemption results in unforeseen negative impacts on other managed 
fish stocks, habitat, or protected resources; if the exemption causes 
enforcement concerns; if catch from trips utilizing the exemption 
cannot properly be monitored; or if a sector is not meeting certain 
requirements. If it becomes necessary to revoke the exemption, we will 
do so through a process consistent with the Administrative Procedure 
Act.
    Each sector is required to ensure that it does not exceed its ACE 
during the fishing year. Sector vessels are required to retain all 
legal-sized allocated NE multispecies stocks, unless a sector is 
granted an exemption allowing its member vessels to discard legal-sized 
unmarketable fish at sea. Catch (defined as landings and discards) of 
all allocated NE multispecies stocks by a sector's vessels count 
against the sector's allocation. Catch from a sector trip (e.g., not 
fishing under provisions of a NE multispecies exempted fishery or with 
exempted gear) targeting dogfish, monkfish, skate, and lobster (with 
non-trap gear) would be deducted from the sector's ACE because these 
trips use gear capable of catching groundfish. Catch from a trip in an 
exempted fishery does not count against a sector's allocation because 
the catch is assigned to a separate ACL sub-component.
    For fishing years 2010 and 2011, there was no requirement for an 
industry-funded ASM program, and we were able to fund an ASM program 
with a target ASM coverage rate of 30 percent of all trips. In 
addition, we provided 8-percent observer coverage through the Northeast 
Fishery Observer Program (NEFOP), which helps to support the 
Standardized Bycatch Reporting Methodology (SBRM) and stock 
assessments. This resulted in an overall target coverage rate of 38 
percent, between ASM and NEFOP, for fishing years 2010 and 2011. 
Beginning in fishing year 2012, we have conducted an annual analysis to 
determine the total coverage that would be necessary to achieve the 
same level of precision as attained by the 38-percent total coverage 
target used for fishing years 2010 and 2011. Since fishing year 2012, 
industry has been required to pay for their costs of ASM coverage, 
while we continued to fund NEFOP. However, we were able to fund the 
industry's portion of ASM costs and NEFOP coverage in fishing years 
2012 through 2014. Table 4 shows the annual target coverage rates.

                              Table 4--Historic Target Coverage Rate for Monitoring
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                                        Total coverage   ASM coverage rate    NEFOP coverage
            Fishing year                rate (percent)       (percent)        rate (percent)     Funding source
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2010................................                 38                 30                  8               NMFS
2011................................                 38                 30                  8               NMFS
2012................................                 25                 17                  8               NMFS
2013................................                 22                 14                  8               NMFS
2014................................                 26                 18                  8               NMFS
----------------------------------------------------------------------------------------------------------------

    Due to funding changes that would be required by the proposed SBRM 
amendment, we expect that sector vessels will be responsible for paying 
at-sea costs associated with the ASM program before the end of the 2015 
fishing year. Thus, sectors will be responsible for designing, 
implementing, and funding an ASM program in fishing years 2015 and 2016 
that will provide a level of ASM coverage specified by NMFS. Amendment 
16 regulations require NMFS to specify a level of ASM coverage that is 
sufficient to meet the same coefficient of variation (CV) specified in 
the SBRM, and to accurately monitor sector operations. Framework 48 
clarified the level of ASM coverage necessary to meet these goals. 
Regarding meeting the SBRM CV level, Framework 48 determined that it 
should be made at the overall stock level, which is consistent with the 
level NMFS determined was necessary in fishing year 2013. Framework 48 
also amended the goals of the sector monitoring program to include 
achieving an accuracy level sufficient to minimize effects of potential 
monitoring bias.
    Taking the provisions of Framework 48 into account, and 
interpreting the ASM monitoring provision in the context of Magnuson-
Stevens Act requirements and National Standards, we have determined 
that the appropriate level of ASM coverage should be set at the level 
that meets the CV requirement specified in the SBRM and minimizes the 
cost burden to sectors and NMFS to the extent practicable, while still 
providing a reliable estimate of overall catch by sectors needed for 
monitoring ACEs and ACLs. Based on this standard, NMFS has determined 
that the appropriate target coverage rate for fishing year 2015 is 24 
percent. We expect ASM coverage to be 20 percent and NEFOP coverage to 
be 4 percent, covering a total of 24

[[Page 12386]]

percent of all sector trips, with the exception of trips using a few 
specific exemptions, as described later in this rule. We will use 
discards derived from these observed and monitored trips to calculate 
discards for unobserved sector trips. We have published a more detailed 
summary of the supporting information, explanation and justification 
for this decision at: http://www.greateratlantic.fisheries.noaa.gov/ro/fso/reports/Sectors/ASM/FY2015_Multispecies_Sector_ASM_Requirements_Summary.pdf.
    The draft operations plans submitted in September 2014 included 
industry-funded ASM plans for fishing year 2015. Therefore, we are 
proposing to approve the sector's ASM programs as described in their 
operations plans. We gave sectors the option to design their own 
programs in compliance with regulations, or opt for the program that we 
have previously utilized in previous fishing years. ASM programs 
proposed by the sectors are described in detail later in this proposed 
rule. The proposed operations plans each contain an ASM program 
sufficient to ensure ASM coverage for fishing years 2015 and 2016, 
including once sectors assume responsibility for funding their ASM 
program, at the required levels stated in this rule. Given the 
potential for changes in the ASM program funding for sectors, NMFS will 
verify that all approved sectors continue to comply with all ASM 
requirements, including contracting with approved providers in a timely 
fashion.
    We are currently looking at how industry funding of the ASM program 
will affect our data collection systems, especially the PTNS system, 
and have begun working on an implementation plan to help ensure a 
seamless transition when the industry assumes responsibility for at-sea 
costs in 2015. To ensure that the ASM programs continue to provide 
sufficient coverage, the Regional Administrator is authorized to adjust 
operational standards such as vessel selection protocols as needed, 
consistent with the Administrative Procedure Act. We will continue to 
keep the sector managers informed about any changes or updates to the 
situation.
    Our ability to fund our portion of costs for ASM coverage above 
SBRM coverage levels for the entire 2015 and 2016 fishing years is not 
precisely known at this time due to budget uncertainties. Currently, 
funding for our portion of ASM costs will expire before the end of the 
2015 fishing year. If we have insufficient funding available for our 
portion of coverage costs beyond that time, we may need to consider 
other measures, including emergency action, to allow sectors to 
continue fishing while still ensuring that we can adequately monitor 
sector catch for management purposes. We expect this funding issue to 
be resolved before this rule is effective, but are seeking comments on 
possible measures to help adequately monitor catch limits.
    Sectors are required to monitor their allocations and catch, and 
submit weekly catch reports to us. If a sector reaches an ACE threshold 
(specified in the operations plan), the sector must provide sector 
allocation usage reports on a daily basis. Once a sector's allocation 
for a particular stock is caught, that sector is required to cease all 
fishing operations in that stock area until it acquires more ACE. ACE 
may be transferred between sectors, but transfers to or from common 
pool vessels is prohibited. Within 60 days of when we complete year-end 
catch accounting, each sector is required to submit an annual report 
detailing the sector's catch (landings and discards), enforcement 
actions, and pertinent information necessary to evaluate the 
biological, economic, and social impacts of each sector.
    Each sector contract provides procedures to enforce the sector 
operations plan, explains sector monitoring and reporting requirements, 
presents a schedule of penalties for sector plan violations, and 
provides sector managers with the authority to issue stop fishing 
orders to sector members who violate provisions of the operations plan 
and contract. A sector and sector members can be held jointly and 
severally liable for ACE overages, discarding legal-sized fish, and/or 
misreporting catch (landings or discards). Each sector operations plan 
submitted for fishing years 2015 and 2016 states that the sector would 
withhold an initial reserve from the sector's ACE sub-allocation to 
each individual member to prevent the sector from exceeding its ACE. 
Each sector contract details the method for initial ACE sub-allocation 
to sector members. For fishing years 2015 and 2016, each sector has 
proposed that each sector member could harvest an amount of fish equal 
to the amount each individual member's permit contributed to the 
sector.

Requested Fishing Years 2015 and 2016 Exemptions

    Sectors requested 22 exemptions from the NE multispecies 
regulations through their fishing years 2015 and 2016 operations plans. 
We evaluate each exemption to determine whether it allows for effective 
administration of and compliance with the operations plan and sector 
allocation, and that it is consistent with the goals and objectives of 
the FMP. We propose to grant the following for fishing years 2015 and 
2016: 16 exemptions that were previously granted; 1 exemption that was 
previously granted, but has been modified; 1 exemption that we propose 
to partially grant; and 1 new exemption. We propose to deny three 
exemption requests for fishing years 2015 and 2016.
    For fishing year 2014, sectors had requested an exemption that 
would allow access to year-round closed areas. This request may be 
considered in a separate action pending results from an ongoing 
Exempted Fishing Permit (EFP) (see Exemptions That May Be Considered in 
a Separate Action).
    A discussion of all 22 exemption requests appears below; we request 
public comment on the proposed sector operations plans and our proposal 
to grant 19 requested exemptions, in whole or partially, and deny 3 
requested exemptions, as well as the EA prepared for this action.

Exemptions We Propose To Grant (16)

    In fishing year 2014, we exempted sectors from the following 
requirements, all of which have been requested for fishing years 2015 
and 2016, and which we propose to grant again: (1) 120-day block out of 
the fishery required for Day gillnet vessels; (2) 20-day spawning block 
out of the fishery required for all vessels; (3) prohibition on a 
vessel hauling another vessel's gillnet gear; (4) limits on the number 
of gillnets that may be hauled on GB when fishing under a NE 
multispecies/monkfish DAS; (5) limits on the number of hooks that may 
be fished; (6) DAS Leasing Program length and horsepower restrictions; 
(7) prohibition on discarding; (8) daily catch reporting by sector 
managers for sector vessels participating in the Closed Area (CA) I 
Hook Gear Haddock Special Access Program (SAP); (9) prohibition on 
fishing inside and outside of the CA I Hook Gear Haddock SAP while on 
the same trip; (10) prohibition on a vessel hauling another vessel's 
hook gear; (11) the requirement to declare intent to fish in the 
Eastern U.S./Canada SAP and the CA II Yellowtail Flounder/Haddock SAP 
prior to leaving the dock; (12) gear requirements in the Eastern U.S./
Canada Management Area; (13) seasonal restrictions for the Eastern 
U.S./Canada Haddock SAP; (14) seasonal restrictions for the CA II 
Yellowtail Flounder/Haddock SAP; (15) sampling exemption; and (16) 
prohibition on groundfish trips in the Nantucket Lightship Closed Area.

[[Page 12387]]

A detailed description of the previously approved exemptions and 
rationale for their approval can be found in the applicable final rules 
identified in Table 5 below.

      Table 5--Exemptions From Previous Fishing Years Proposed for Approval in Fishing Years 2015 and 2016
----------------------------------------------------------------------------------------------------------------
           Exemptions                         Rulemaking                      Date                Citation
----------------------------------------------------------------------------------------------------------------
1-8, 12........................  Fishing Year 2011 Sector Operations  April 25, 2011......  76 FR 23076
                                  Final Rule.
9-11...........................  Fishing Year 2012 Sector Operations  May 2, 2012.........  77 FR 26129
                                  Final Rule.
13-15..........................  Fishing Year 2013 Sector Operations  May 2, 2013.........  78 FR 25591
                                  Interim Final Rule.
16.............................  Fishing Year 2014 Sector Operations  April 28, 2014......  79 FR 23278
                                  Final Rule.
----------------------------------------------------------------------------------------------------------------
NE Multispecies Federal Register documents can be found at http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/ sustainable/species/multispecies/.

Exemption We Propose To Approve, but Have Modified From 2014(1)

(17) Prohibition on Combining Small Mesh Exempted Fishery and Sector 
Trips
    For fishing year 2014, sectors requested and we granted an 
exemption that would allow vessels to possess and use small-mesh and 
large-mesh trawl gear on a single trip, within portions of the SNE 
regulated mesh areas (RMA). Sectors proposed that vessels using this 
exemption to fish with smaller mesh would fish in two discrete areas 
that have been shown to have minimal amounts of regulated species and 
ocean pout. See the 2014 Sector Final Rule (79 FR 23278; April 28, 
2014) for a complete description of the previously granted exemption.
    For fishing years 2015 and 2016, sectors requested a similar 
exemption, but with a revised northern border of the eastern Small-Mesh 
Exemption Area 2, shifted 15 minutes north. This expansion will allow 
for greater opportunities for sector vessels to target small-mesh 
species. The coordinates and maps for these two areas are shown in 
Figure 1.
[GRAPHIC] [TIFF OMITTED] TP09MR15.003

    Sector Small-Mesh Fishery Exemption Area 1 is bounded by the 
following coordinates connected in the order listed by straight lines, 
except where otherwise noted:

------------------------------------------------------------------------
            Point                N. Latitude      W. Longitude     Note
------------------------------------------------------------------------
A...........................  40[deg]39.2'      73[deg]07.0'
B...........................  40[deg]34.0'      73[deg]07.0'
C...........................  41[deg]03.5'      71[deg]34.0'
D...........................  41[deg]23.0'      71[deg]11.5'
E...........................  41[deg]27.6'      71[deg]11.5'       (\1\)
F...........................  41[deg]18.3'      71[deg]51.5'
G...........................  41[deg]04.3'      71[deg]51.5'       (\2\)
A...........................  40[deg]39.2'      73[deg]07.0'
------------------------------------------------------------------------
\1\ From POINT E to POINT F along the southernmost coastline of Rhode
  Island and crossing all bays and inlets following the COLREGS
  Demarcation Lines defined in 33 CFR part 80.
\2\ From POINT G back to POINT A along the southernmost coastline of
  Long Island, NY, and crossing all bays and inlets following the
  COLREGS Demarcation Lines defined in 33 CFR part 80.

    For fishing years 2015 and 2016, Sector Small-Mesh Fishery 
Exemption Area 2 is bound by the following coordinates connected in the 
order listed by straight lines. Sector vessels cannot fish the small-
mesh portion of their trip using this exemption in the Nantucket 
Lighship Closed Area where the two areas overlap.

------------------------------------------------------------------------
             Point                   N. Latitude         W. Longitude
------------------------------------------------------------------------
H..............................  41[deg]15.0' N       71[deg]20.0' W
I..............................  41[deg]15.0' N       70[deg]00.0' W

[[Page 12388]]

 
J..............................  40[deg]27.0' N       70[deg]00.0' W
K..............................  40[deg]27.0' N       71[deg]20.0' W
H..............................  41[deg]15.0' N       71[deg]20.0' W
------------------------------------------------------------------------

    As was approved in fishing year 2014, one of three trawl gear 
modifications would be required when using small mesh: Drop-chain sweep 
with a minimum of 12 inches (30.48 cm) in length; a large-mesh belly 
panel with a minimum of 32-inch (81.28-cm) mesh size; or an excluder 
grate secured forward of the codend with an outlet hole forward of the 
grate with bar spacing of no more than 1.97 inches (5.00 cm) wide. 
These gear modifications, when fished properly, have been shown to 
reduce the catch of legal and sub-legal groundfish stocks. Requiring 
these modifications is intended to also reduce the incentive for a 
sector vessel to target groundfish with small mesh.
    A vessel using this exemption is required to meet the same NEFOP 
and ASM coverage as standard groundfish trips (i.e., a total of 24 
percent in fishing year 2015). The vessel would be required to declare 
their intent to use small mesh to target non-regulated species by 
submitting a trip start hail through its vessel monitoring system (VMS) 
unit prior to departure, which would be used for monitoring and 
enforcement purposes. Trips declaring this exemption must stow their 
small-mesh gear and use their large-mesh gear first, and once finished 
with the large mesh, would have to submit a Multispecies Catch Report 
via VMS with all catch on board at that time. Once the Catch Report was 
sent, the vessel could then deploy small mesh with the required 
modifications in the specific areas (see map above), outside of the 
Nantucket Lightship Closed Area, at which point, the large mesh could 
not be redeployed. Any legal-sized allocated groundfish stocks caught 
during these small-mesh hauls must be landed and the associated landed 
weight (dealer or vessel trip report (VTR)) would be deducted from the 
sector's ACE.
    As in fishing year 2014, we are concerned about vessels potentially 
catching groundfish, including bycatch of juvenile fish, in the 
requested exemption area with small-mesh nets. The expansion of the 
Small-Mesh Exemption Area 2 by 15 minutes north could increase this 
potential, because more groundfish are found in the expansion area. The 
three gear modifications proposed for this exemption could mitigate 
catch of regulated species when properly installed, but none have been 
shown to completely eliminate the catch of regulated species.
    If approved, we will closely monitor the catch from these exempted 
trips. If it is determined that this exemption is having a negative 
impact on groundfish stocks, we would consider revoking this exemption 
during the fishing year.

Exemption We Propose To Partially Grant, and Partially Deny (1)

(18) Limits on the Number of Gillnets on Day Gillnet Vessels
    The FMP limits the number of gillnets a Day gillnet vessel may fish 
in the groundfish RMAs to prevent an uncontrolled increase in the 
number of nets being fished, thus undermining applicable DAS effort 
controls. The limits are specific to the type of gillnet within each 
RMA: 100 gillnets (of which no more than 50 can be roundfish gillnets) 
in the GOM RMA (Sec.  648.80(a)(3)(iv)); 50 gillnets in the GB RMA 
(Sec.  648.80(a)(4)(iv)); and 75 gillnets in the Mid-Atlantic (MA) RMA 
(Sec.  648.80(b)(2)(iv)). We previously approved this exemption in 
fishing years 2010, 2011, and 2012 to allow sector vessels to fish up 
to 150 nets (any combination of flatfish or roundfish nets) in any RMA 
to provide greater operational flexibility to sector vessels in 
deploying gillnet gear. Sectors argued that the gillnet limits were 
designed to control fishing effort and are no longer necessary because 
a sector's ACE limits overall fishing mortality.
    Previous effort analysis of all sector vessels using gillnet gear 
indicated an increase in gear used in the RMA which could lead to an 
increase in interactions with protected species. While a sector's ACE 
is designed to limit a stock's fishing mortality, fishing effort may 
affect other species. This increased effort could ultimately lead to a 
rise in interactions with protected species; however, we do not expect 
this to be the case, because a take reduction plan has been implemented 
to reduce bycatch in the fisheries affecting these species.
    For fishing year 2013, based on the comments received and the 
concern for spawning GOM cod, we restricted the use of this exemption 
to better protect spawning cod. Therefore, a vessel fishing in the GOM 
RMA was able to use this exemption seasonally, but was restricted to 
the 100-net gillnet limit in blocks 124 and 125 in May, and in blocks 
132 and 133 in June. A vessel fishing in the GB RMA, SNE RMA, MA RMA, 
and the GOM outside of these times and areas did not have this 
additional restriction. We granted this exemption with the same GOM 
seasonal restrictions for fishing year 2014.
    The November 2014 interim action implemented to protect GOM cod (79 
FR 67362; November 13, 2014) revoked this exemption for all of the GOM 
for the remainder of fishing year 2014, given concerns relating to 
mortality of GOM cod caused by continuous fishing by gillnets left in 
the water and the potential to disrupt spawning when cod are caught. 
For these same concerns, we are proposing to partially grant the 
exemption for fishing years 2015 and 2016 when fishing in all RMAs 
except the GOM, and to deny the exemption for the GOM. Therefore, 
vessels fishing in the GOM under the Day boat gillnet category would be 
restricted to no more than 100 nets, only 50 of which may be roundfish 
nets.

New Exemption Proposed (1)

(19) Regulated Mesh Size 6.5-Inch (16.5-cm) or Greater, for Directed 
Redfish Trips
    Minimum mesh size restrictions (Sec.  648.80(a)(3)(i), (a)(4)(i), 
(b)(2)(i), and (c)(2)(i)) were implemented under previous groundfish 
actions to reduce overall mortality on groundfish stocks, change the 
selection pattern of the fishery to target larger fish, improve 
survival of sublegal fish, and allow sublegal fish more opportunity to 
spawn before entering the fishery. Beginning in fishing year 2012, we 
have approved exemptions that allow sector vessels to target redfish, 
the smallest species of regulated groundfish, with a sub-legal size 
mesh codend, ranging from 4.5 inches (11.4 cm) to 6 inches (15.2 cm) 
(see Table 6). In order to use these previous exemptions, sectors have 
been required to meet an 80-percent threshold of redfish catch, 
relative to groundfish catch, and a 5-percent discard threshold of 
total groundfish, including redfish. These thresholds were intended to 
ensure that a vessel using the exemption effectively targets redfish 
and does not target other species with a smaller mesh, and attempts to 
avoid catching sub-legal groundfish. The thresholds were based on 
Component 2 of the REDNET report (Kanwit et al. 2013), which used a 
4.5-inch mesh codend, and observer data for trips conducted in fishing 
year 2012. REDNET is a group that includes the Maine Department of 
Marine Resources, the Massachusetts Division of Marine Fisheries, and 
the University of Massachusetts School for Marine Science and 
Technology joined with other members of the scientific community and 
the industry to develop a research plan to develop a sustainable, 
directed, redfish trawl fishery in the GOM. Each year, we have changed 
the

[[Page 12389]]

exemption at the sectors' request in an attempt to balance the goal of 
increasing use of the exemption while preventing misuse and ensuring it 
is consistent with the FMP's goals and objectives.

                                   Table 6--Redfish Exemptions by Fishing Year
----------------------------------------------------------------------------------------------------------------
            Exemptions                     Rulemaking                   Date                    Citation
----------------------------------------------------------------------------------------------------------------
6.0 inch (15.2 cm) with 100% NMFS- FY 2012 Sector Operations  May 2, 2012.............  77 FR 26129
 funded coverage.                   Final Rule.
4.5 inch (11.4 cm) with 100% NMFS- FY 2012 Redfish Exemption  March 5, 2013...........  78 FR 14226
 funded coverage.                   Final Rule.
4.5 inch (11.4 cm) with 100%       FY 2013 Sector Operations  May 2, 2013.............  78 FR 25591
 Industry-funded coverage.          Interim Final Rule.
6.0 inch (15.2 cm) with standard   FY 2014 Sector Operations  April 28, 2014..........  79 FR 23278
 observer coverage.                 Final Rule.
----------------------------------------------------------------------------------------------------------------
NE Multispecies Federal Register documents can be found at  http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies sustainable/species/multispecies.

    For fishing years 2012 and 2013, the exemption required 100-percent 
monitoring with either an ASM or observer on every trip, primarily 
because of concerns over a greater retention of sub-legal groundfish, 
as well as non-allocated species and bycatch. In fishing year 2012, we 
found that allowing trips that are randomly selected for federally 
funded NEFOP or ASM coverage provided an incentive to take an exemption 
trip when selected for coverage, thereby reducing the number of 
observers/monitors available to cover standard sector trips (i.e., 
trips not utilizing this exemption). If fewer observers/monitors deploy 
on standard sector trips, then the exemption undermines both the 
ability to meet required coverage levels and the reliability of discard 
rates calculated for unobserved standard sector trips. Therefore, in 
fishing year 2013, we required sectors to pay for 100 percent of the 
at-sea cost for a monitor on all redfish exemption trips, which 
resulted in sectors not taking a redfish trip that fishing year.
    For fishing year 2014, we granted an exemption that allowed vessels 
to use a 6-inch (15.2-cm) or larger mesh codend to target redfish when 
fishing in the Redfish Exemption Area. The vessels participating in the 
redfish fishery in fishing year 2014 were subject to the same NEFOP and 
ASM target coverage as standard groundfish trips (26 percent). Vessels 
could fish with the regulated mesh nets (6.5-inch [16.5-cm] codends or 
larger) and with the 6.0-inch (15.2-cm) mesh codends on the same trip; 
however, for all trips (by sector, by month) declaring this exemption, 
we monitored landings for the entire trip to determine if the vessel 
had met the 80-percent redfish catch threshold and the 5-percent 
discard threshold.
    Following approval of the exemption in fishing year 2014, sectors 
indicated that an 80-percent redfish catch threshold, based on REDNET 
data collected using a 4.5-inch (11.4-cm) mesh codend, is not 
appropriate for all mesh sizes (i.e., as mesh size increases, the 
efficiency of catching redfish decreases). Additionally, given the 
average landed value of redfish, they indicated that they do not 
consider it economically viable to have an offload comprised of 80 
percent redfish. Therefore, as of January 2015, few have been taken 
under this exemption, because, according to sectors, they cannot 
effectively or profitably target redfish to meet the 80-percent 
threshold.
    For fishing years 2015 and 2016, we propose granting the sectors' 
request to use a 5.5-inch (14.0-cm) mesh codend when fishing in the 
redfish exemption. A vessel would have the option to fish the first 
portion of a trip with current legal codend mesh size (6.5 inches; 16.5 
cm), and then switch to a codend no smaller than 5.5 inches (14.0 cm) 
for the redfish portion of their trip. Allowing sectors to legally 
target groundfish on the first portion of the trip would provide 
flexibility and would address the sector's concern regarding 
profitability. In addition, the sectors have requested a 50-percent 
catch threshold, which would only apply to the second half of the trip. 
The sectors argue that this threshold is more appropriate for a 5.5-
inch (14.0-cm) codend, as data from Component 3 of the REDNET report 
(Pol and He 2013) indicates that as the codend mesh size increases from 
4.5 inches (11.4 cm) to 5.5 inches (14.0 cm), selectivity decreases, 
making it more difficult for vessels to catch only redfish. However, 
the lower 50-percent threshold would allow greater catch of other 
regulated groundfish species with small mesh, which could result in 
higher discards or targeting of groundfish with small mesh. We are 
proposing to address this by implementing reporting requirements to 
facilitate monitoring and enforcement. If we detect vessels targeting 
non-redfish socks, particularly stocks of concern, the RA retains the 
right to rescind approval of the exemption. We request comment on this 
issue. The 5-percent discard threshold for all groundfish, including 
redfish, would still apply on the redfish portion of observed trips.
    Due to concern for GOM cod, we have modified the redfish exemption 
area (Figure 2) from 2014 (see Figure 2).

[[Page 12390]]

[GRAPHIC] [TIFF OMITTED] TP09MR15.004

    The Redfish Exemption Area would be bounded on the east by the 
U.S.-Canada Maritime Boundary, and bounded on the north, west, and 
south by the following coordinates, connected in the order listed by 
straight lines:

------------------------------------------------------------------------
            Point                  N. Lat.          W. Long.       Note
------------------------------------------------------------------------
A...........................  44[deg]27.25'     67[deg]02.75'
B...........................  44[deg]16.25'     67[deg]30.00'
C...........................  44[deg]04.50'     68[deg]00.00'
D...........................  43[deg]52.25'     68[deg]30.00'
E...........................  43[deg]40.25'     69[deg]00.00'
F...........................  43[deg]28.25'     69[deg]30.00'
G...........................  43[deg]00.00'     69[deg]30.00'
H...........................  43[deg]00.00'     70[deg]00.00'
I...........................  42[deg]00.00'     70[deg]00.00'
J...........................  42[deg]00.00'     (67[deg]00.63')    (\1\)
------------------------------------------------------------------------
\1\ The intersection of 42[deg]00' N. latitude and the U.S.-Canada
  Maritime Boundary, approximate longitude in parentheses.

    We have modified the redfish exemption area to exclude block 138 
for the entire fishing year, and allow only seasonal access to block 
131. Sector vessels would not be allowed to use the redfish exemption 
in block 131 in February and March. We based this decision on the 
closures implemented by the November 2014 interim action taken for the 
protection of cod; areas 138 and 131 were the only areas closed by the 
interim action that overlapped with the fishing year 2014 redfish 
exemption area. These areas are known to have higher levels of GOM cod 
catch and/or spawning activity, and we propose to close them to avoid 
interaction with and bycatch of GOM cod. Additionally, area 138 has 
historically had very little redfish catch; therefore, the exclusion of 
this area should not limit sectors from targeting redfish. The area is 
bounded on the east, north, west, and south by the following 
coordinates, connected by straight lines in the order listed:

 
------------------------------------------------------------------------
             Point                     N. Lat.             W. Long.
------------------------------------------------------------------------
G..............................  43[deg]00.00'        69[deg]30.00'
H..............................  43[deg]00.00'        70[deg]00.00'
K..............................  42[deg]30.00'        70[deg]00.00'
L..............................  42[deg]30.00'        69[deg]30.00'
G..............................  43[deg]00.00'        69[deg]30.00'
------------------------------------------------------------------------

    Vessels must declare their trip in the pre-trip notification system 
(PTNS) under standard requirements, but there are no additional 
monitoring requirements above the target coverage for the groundfish 
fishery. Prior to leaving the dock, any vessel that intends to use the 
redfish exemption on a trip must declare so through the VMS trip start 
hail by checking the box next to ``Redfish Trip'' under sector 
exemptions. This notification must be made if the vessel intends to use 
a 5.5-inch (14.0-cm) codend or larger to target redfish on any portion 
of the trip.
    Any vessel declaring this exemption must submit catch reports via 
VMS each day for the entire trip. For the first portion of the trip, a 
vessel may fish using a 6.0-inch (15.2-cm) mesh codend with selective 
gear in the GB BSA (current mesh flexibility allowed from Council 
exemption est. in 2010) or 6.5-inch (16.5-cm) mesh codend in any BSA, 
including the GOM. Any sub-legal codend must be stowed below deck for 
this entire portion of the trip. Catch thresholds do not apply to this 
portion of the trip.
    When a vessel switches its codend to target redfish, it must first 
transit to the Redfish Exemption Area. Once the vessel is in the 
Redfish Exemption Area, it must declare via VMS that it is switching to 
the 5.5-inch (14.0-cm) mesh codend (or larger) and will be conducting 
the remainder of its fishing activity exclusively in the Redfish 
Exemption Area. The vessel can then retrieve the 5.5-inch (14.0-cm) 
mesh codend from below deck and begin using it. All fishing activity 
for the remainder of the trip must occur in the Redfish Exemption area. 
For this portion of the trip, at least 50 percent of the total 
allocated groundfish kept must be redfish, and on observed trips, no 
more than 5 percent of all groundfish, including redfish, may be 
discarded. These thresholds will be used by NMFS to determine if this 
sector exemption should be revoked. The vessel must also submit a final 
catch report and a Trip End Hail via VMS at the end of the trip to 
facilitate dockside enforcement.
    There are enforcment concerns associated with the additional 
flexibility this exemption provides. Specifically, enforcing different 
mesh size restrictions on different portions of a single fishing trip 
could be challenging at sea, and there is the potential for vessels to 
misreport the mesh size used

[[Page 12391]]

to catch groundfish to avoid having the exemption revoked for exceeding 
the threshold.
    Additionally, we are concerned about vessels catching groundfish, 
including their bycatch of juvenile fish, which could potentially cause 
them to exceed the discard threshold of 5 percent, in the Redfish 
Exemption Area when fishing with codend mesh sized nets smaller than 
the GOM regulated mesh size of 6.5 inches (16.5 cm). The 50-percent 
catch threshold is meant to reflect the likely proportion of redfish 
catch while using a 5.5-inch (14.0-cm) mesh codend, based on the 
results of Component 3 of REDNET. We are concerned, however, that it 
could allow sectors to target groundfish when fishing with a smaller 
codend and could increase discards that would likely go unreported, 
which could undermine the protections of the 5-percent bycatch 
threshold. Therefore, we are specifically seeking comment on this 
exemption, regarding the enforcement concerns, the reporting concerns, 
and the appropriateness of the threshold.
    If the redfish exemption is approved, we intend to monitor use of 
the exemption carefully. For example, should it be determined that 
vessels are not using the exemption when assigned an observer or ASM, 
and only using it when unobserved, we would have concerns about 
monitoring the exemption. Additionally, if a vessel does not submit 
daily catch reports or the required declaration when switching to the 
redfish portion of the trip, we may not be able to adequately monitor 
the exemption. The RA retains authority to rescind approval of this 
exemption, if it is needed. All vessels in a sector may be held jointly 
and severally liable for misreporting by a single vessel in a sector.

Exemptions We Propose To Deny (3)

(20) GOM Sink Gillnet Mesh Exemption in May, and January Through April
    We propose to deny the GOM sink gillnet mesh exemption request due 
to concern for GOM cod. We did not analyze this exemption in the EA 
because no new information was available to change the analyses 
previously published in past EAs.
    The GOM Sink Gillnet Mesh Exemption was approved for fishing years 
2010 through 2012. This exemption allowed sector vessels to use 6-inch 
(15.2-cm) mesh gillnets in the GOM to target GOM haddock seasonally. 
However, due to concerns regarding the stock status of GOM haddock and 
the potential increase in interactions with protected species, the 
exemption was denied for fishing year 2013 (78 FR 25591, May 2, 2013) 
and fishing year 2014.
    On November 12, 2014, at the request of the New England Fishery 
Management Council and in response a stock assessment conducted by the 
Northeast Fisheries Science Center, we published an emergency action 
that increased the GOM haddock ACL for fishing year 2014 (79 FR 67090). 
This action nearly doubled each sector's ACE for GOM haddock. Because 
sectors anticipated that GOM haddock would not be a concern for fishing 
year 2014, they again requested this exemption for fishing years 2015 
and 2016.
    While the stock status of GOM haddock has improved, biomass has not 
increased to the level it was in fishing year 2010, when this exemption 
was first approved. In addition, we are concerned about the effects of 
this exemption on GOM cod. The November 2014 interim action implemented 
to protect GOM cod revoked an exemption that resulted in decreasing the 
amount of gillnet gear in the GOM, given concerns relating to mortality 
of GOM cod caused by continuous fishing by gillnets left in the water 
and the potential to disrupt spawning when cod are caught. We are 
similarly concerned that using nets smaller than the minimum size may 
impact GOM cod mortality. For these same concerns, we are proposing to 
deny the GOM Haddock Sink Gillnet Mesh exemption for fishing years 2015 
and 2016.
(21) Powering Vessel Monitoring Systems (VMS) While at the Dock
    Beginning in fishing year 2011, we approved an exemption from the 
requirement to keep the VMS units powered while tied to the dock or on 
a mooring. In fishing year 2012, the NOAA Office of Law Enforcement 
(OLE) recognized a lack of compliance. The exemption was only 
applicable for vessels that did not otherwise possess Federal fishing 
permits for other FMPs that required a VMS unit, and vessels were 
required to follow certain protocols, such as sending a powerdown code 
before turning off the VMS unit. Misuse of the exemption decreases our 
confidence in our ability to adequately monitor the fishery. During 
fishing year 2013, we worked with sector managers to identify the 
sector members who were out of compliance with the exemption. However, 
in this time, compliance did not improve. Therefore, for fishing years 
2015 and 2016, we propose to not approve this exemption due to lack of 
compliance.
(22) Requirement To Use 6.5-Inch (16.5-cm) Mesh Size or Greater for 
Directed Redfish Trips, as Previously Approved in Fishing Year 2014
    The exemption request to use a 6.0-inch (15.2-cm) mesh codend nets, 
with a threshold of no lower than 80 percent redfish of the total 
groundfish catch on hauls using the redfish exemption, for fishing 
years 2015 and 2016, is identical to the exemption for fishing year 
2014. A second redfish exemption request, described above (exemption 
#19), is proposed for approval. Therefore, we are proposing to deny 
this exemption request.

Exemption That May Be Considered in a Separate Action (1)

Prohibition on Groundfish Trips in Closed Areas I and II
    In fishing year 2013, we disapproved an exemption that would have 
allowed sector vessels restricted access to portions of CAs I and II, 
provided each trip carried an industry-funded ASM. When we proposed 
allowing sector access to these areas, we announced that we did not 
have funding to pay for monitoring the additional trips for exemptions 
requiring a 100-percent coverage level. Industry members indicated that 
it was too expensive to participate in the exemption, given the 
requirement to pay for a monitor on every trip. This, in combination 
with extensive comment opposing access to these areas to protect 
depleted stocks and our concern about the impacts on depleted stocks 
such as GB cod and GB yellowtail flounder, resulted in disapproval. For 
a detailed description of the exemption request and justifications for 
disapproval, see the final rule (78 FR 41772, December 16, 2013).
    For fishing year 2014, we remained unable to fund monitoring costs 
for exemptions requiring a 100-percent coverage level. In addition, we 
had some concerns about funding and administering the shore-side 
portion of any monitoring program for an exemption that requires 
additional ASM, such as the exemption to access CAs I and II. However, 
we authorized two EFPs to gather catch data from CAs I and II, one in 
coordination with the Northeast Fisheries Science Center, the other 
with members of the industry. Results from these EFPs could better 
inform us, the industry, and the public, regarding the economic 
efficacy of accessing these CAs, while providing information specific 
to bycatch of depleted stocks. Trips taken under these EFPs are 
attempting to address the following questions: (1) Could enough

[[Page 12392]]

fish be caught to adequately offset the industry's additional expense 
of having an ASM on board, and (2) could catch of groundfish stocks of 
concern be addressed?
    The two authorized EFPs have allowed access to participating 
vessels into the same portions of CAs I and II that were originally 
proposed for access to sectors. Vessels using the EFPs are required to 
use specialized trawl gear to reduce impacts on flounder species, are 
restricted seasonally to avoid spawning fish, and must adhere to an 
agreement between the lobster and groundfish fishery in CA II to avoid 
gear conflicts. One of the two approved EFPs is still ongoing. Upon 
review of the EFP results, we will consider potential access to these 
areas through a separate action.

2014 Interim Cod Action

    On November 13, 2014, at the request of the New England Fishery 
Management Council and in response a stock assessment conducted by the 
Northeast Fisheries Science Center, we published an interim action 
implemented to protect GOM cod. In this action, one fishing year 2014 
exemption (limits on the number of gillnets on Day gillnet vessels, 
exemption #18) was revoked when fishing in the GOM because of its 
potential to affect GOM cod; the exemption as it applied in GB, SNE, 
and MA remains in place. As described above, we are proposing to not 
grant the exemption for the limits on gillnets for Day gillnet vessels 
in the GOM, but grant it in the other RMAs. Additionally, we have 
proposed to modify the previously approved redfish exemption area (as 
described in exemption #19) due to concern for GOM cod. There are 
several other exemptions proposed in the GOM that also could 
potentially affect GOM cod. These exemptions include:
    (1) 120-day block out of the fishery required for Day gillnet 
vessels;
    (2) 20-day spawning block out of the fishery required for all 
vessels;
    (3) Prohibition on a vessel hauling another vessel's gillnet gear;
    (5) Limits on the number of hooks that may be fished; and
    (10) Prohibition on a vessel hauling another vessel's hook gear.
    While we request comment on all exemptions in fishing years 2015 
and 2016, we specifically request the public to comment on exemptions 
in the GOM that could affect the GOM cod stock and its ability to 
rebuild.

Additional Sector Provisions

Inshore GOM Restrictions

    Several sectors have proposed a provision to limit and more 
accurately document a vessel's behavior when fishing in what they 
consider the inshore portion of the GOM BSA, or the area to the west of 
70[deg] 15' W. long. A vessel that is carrying an observer or ASM would 
remain free to fish without restriction. As proposed under the Inshore 
GOM Restriction provision, if a vessel is not carrying an observer or 
ASM and fishes any part of its trip in the GOM west of 70[deg] 15' W. 
long., the vessel would be prohibited from fishing outside of the GOM 
BSA. Also, if a vessel is not carrying an observer or ASM and fishes 
any part of its trip outside the GOM BSA, this provision would prohibit 
a vessel from fishing west of 70[deg] 15' W. long. in the GOM BSA. The 
sectors' proposal includes a requirement for a vessel to declare 
whether or not it intends to fish in the inshore GOM area through the 
trip start hail. We are providing sector managers with the ability to 
monitor this provision through the Sector Information Management Module 
(SIMM), a Web site where we currently provide roster, trip, discard, 
and observer information to sector managers. If approved, final 
declaration requirements would be included in each vessel's LOA. We 
propose to allow a sector to use a federally funded NEFOP observer or 
ASM on these trips because we do not believe it will create bias in 
coverage or discard estimates, as fishing behavior is not expected to 
change as a result of this provision.

Prohibition on a Vessel Hauling Another Vessel's Trap Gear To Target 
Groundfish

    Several sectors have proposed a provision to allow a vessel to haul 
another vessel's fish trap gear, similar to the current exemptions that 
allow a vessel to haul another vessel's gillnet gear, or hook gear. 
These exemptions have generally been referred to as ``community'' gear 
exemptions. Regulations at Sec.  648.84(a) require a vessel to mark all 
bottom-tending fixed gear, which would include fish trap gear used to 
target groundfish. To facilitate enforcement of that regulation, we 
propose requiring that any community fish trap gear be tagged by each 
vessel that plans on hauling the gear, similar to how this provision 
was implemented in fishing year 2014. This would allow one vessel to 
deploy the trap gear and another vessel to haul the trap gear, provided 
both vessels tag the gear prior to deployment. This requirement would 
be captured in the sector's operations plan to provide the opportunity 
for the sector to monitor the use of this provision and ensure that the 
OLE and the U.S. Coast Guard can enforce the provision.

At-Sea Monitoring Proposals

    For fishing years 2015 and 2016, each sector is required to develop 
and fund an ASM program that must be reviewed and approved by NMFS. In 
the event that a proposed ASM program could not be approved, all 
sectors were asked to include an option to use the current NMFS-
designed ASM program as a back-up. Sustainable Harvest Sectors 1 and 3, 
GB Cod Fixed Gear Sector, Northeast Coastal Communities Sector, and 
Maine Coast Community Sector have proposed to use the ASM program that 
we developed and used for fishing years 2010-2014. We propose this 
program for these sectors because we believe the existing program to be 
consistent with goals and objectives of monitoring, and with regulatory 
requirements. As requested, the remaining 12 sectors stated that they 
would use the NMFS-designed ASM program in the event that we did not 
approve their individual ASM program for fishing years 2015 and 2016. 
NEFS 4 has not included provisions for an ASM program because the 
sector operates as a private permit bank and explicitly prohibits 
fishing.
    We propose to approve the ASM programs proposed by the NEFS 1-13 
(excluding NEFS 4). These programs state that they will: Contract with 
a NMFS-approved ASM provider; meet the specified coverage level; and 
utilize the PTNS for random selection of monitored trips and 
notification to providers. In addition, these proposed ASM programs 
detail protocols for waivers, incident reporting, and safety 
requirements. We believe that the proposed programs are consistent with 
goals and objectives of monitoring, and with regulatory requirements.
    Although the current regulations require a sector to fund its costs 
for its ASM program beginning in fishing year 2013, we funded 
industry's ASM costs in fishing years 2013 and 2014. It is unclear if 
the Agency will have money to fund industry's ASM costs, in whole or in 
part, for fishing year 2015. Additional information on funding and 
implementation of ASM for fishing year 2015 will be provided at a 
future date.

Sector EA

    To comply with NEPA, a Programmatic EA was prepared encompassing 
all 17 operations plans, analyzing the impacts expected from the

[[Page 12393]]

continued operation of the sectors over the next six years. The sector 
EA is tiered from the Environmental Impact Statement (EIS) prepared for 
Amendment 16. The EA examines the biological, economic, and social 
impacts unique to each sector's proposed operations, including 
requested exemptions, and provides a cumulative effect analysis that 
addresses the combined impact of the direct and indirect effects of 
approving all proposed sector operations plans. The summary findings of 
the EA conclude that each sector would produce similar effects that 
have non-significant impacts. Visit http://www.regulations.gov to view 
the EA prepared for the 17 sectors that this rule proposes to approve.
    We decided to do a programmatic assessment beginning in fishing 
year 2015 because the past four years of sector operations have been 
relatively homogeneous, and the EA covering the management regime has 
changed little since inception of the program. We believe future sector 
operations would likely operate similarly, and the impacts associated 
with their activities would also likely be similar in nature to past 
years. However, we understand that it is impossible to fully anticipate 
the future, and that new requests for sector exemptions may arise that 
could have impacts outside the scope of this programmatic document. In 
this case, a supplementary EA may be necessary to analyze future sector 
operations.

Classification

    The Administrative Procedure Act (5 U.S.C. 553) requires advance 
notice of rulemaking and opportunity for public comment. The Council 
required additional time to develop measures to address GOM cod as part 
of Framework 53, which delayed our ability to present this to the 
public. We are therefore providing a 15-day comment period for this 
rule. A longer comment period would be impracticable and contrary to 
the public interest because we must publish a final rule prior to the 
start of fishing year 2015 on May 1, 2015, to enable sectors to fish at 
the start of the fishing year. A vessel enrolled in a sector may not 
fish in fishing year 2015 unless its operations plan is approved. If 
the final rule is not published prior to May 1, the permits enrolled in 
sectors must either stop fishing until their operations plan is 
approved or elect to fish in the common pool for the entirety of 
fishing year 2015. Both of these options would have very negative 
impacts for the permits enrolled in the sectors. Delaying the 
implementation beyond May 1, 2015, would result in an unnecessary 
economic loss to the sector members because vessels would be prevented 
from fishing in a month when sector vessels landed approximately 10 
percent of several allocations, including GB cod east and GB winter 
flounder. Finally, without a seamless transition between fishing years 
2014 and 2015, a delay would require sector vessels to remove gear that 
complies with an exemption, and redeploy the gear once the final rule 
is effective. Talking these additional trips would require additional 
fuel and staffing when catch may not be landed.
    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator has determined that this proposed rule is 
consistent with the NE Multispecies FMP, other provisions of the 
Magnuson-Stevens Act, and other applicable law, subject to further 
consideration after public comment.
    This proposed action is exempt from the procedures of Executive 
Order 12866 because this action contains no implementing regulations.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration (SBA) that this proposed rule, if adopted, would not 
have a significant economic impact on a substantial number of small 
entities.
    As outlined in the preamble to this proposed rule, the purpose of 
this action is the implementation of fishing years 2015 and 2016 sector 
operations plans and associated regulatory exemptions. In an effort to 
rebuild the NE multispecies complex, other actions have reduced the 
allocations of several stocks managed by the NE Multispecies FMP, and 
the economic impacts of those allocations have been analyzed in 
accordance with their respective actions. This action, if finalized, 
would provide flexible fisheries management options to reduce the 
potential social and economic hardships resulting from those allocation 
reductions.
    The regulated entities most likely to be affected by the proposed 
action are the 102 groundfish-dependent ownership entities that own 
permits currently enrolled in sectors, all of which are considered 
small under the SBA's definition of a small finfishing business.
    Under the proposed rule, sector operations plans for fishing years 
2015 and 2016 would be approved, allowing sector participants to use 
the universal sector exemptions granted under Amendment 16. In addition 
to the universal sector exemptions granted under the approval of 
individual sector operations plans, sector participants have requested 
relaxation of 22 other gear, area, administrative, and seasonal 
restrictions. This rule proposes to grant 19 of the 22 requested 
exemptions. Because all of the regulated entities are considered small 
businesses per the SBA guidelines, there are no disproportionate 
impacts for participating in sectors and using the universal exemptions 
and additional exemptions requested by individual sectors.
    All of the requested sector-specific exemptions in this proposed 
rule are expected to have a positive economic impact on participants, 
as they further increase the flexibility of fishermen to land their 
allocation at their discretion. By choosing when and how to land their 
allocations, sector participants have the potential to reduce marginal 
costs, increase revenues, and ultimately increase profitability. Again, 
it is expected that fishermen will only use sector-specific exemptions 
that they believe will maximize utility, and that long-term stock 
impacts from the collective exemptions will be minimal and will be 
outweighed by benefits from operational flexibility.
    This rule would not impose significant negative economic impacts on 
any of the sector participants. No small entities would be placed at a 
competitive disadvantage to large entities, and the regulations would 
not reduce the profit for any small entities. Therefore, this rule 
would not have a significant impact on a substantial number of small 
entities. As a result, an Initial Regulatory Flexibility Analysis is 
not required and none has been prepared.

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

    Dated: March 3, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 2015-05386 Filed 3-6-15; 8:45 am]
 BILLING CODE 3510-22-P