[Federal Register Volume 82, Number 119 (Thursday, June 22, 2017)]
[Proposed Rules]
[Pages 28447-28467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13050]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170104014-7014-01]
RIN 0648-BG53


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Groundfish Fishery; Framework Adjustment 56

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

ACTION: Proposed rule; request for comments.

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SUMMARY: This action proposes approval of, and regulations to 
implement, Framework Adjustment 56 to the Northeast Multispecies 
Fishery Management Plan. This rule would set catch limits for four of 
the 20 groundfish stocks, adjust several allocations and accountability 
measures (AMs) for groundfish catch in non-groundfish fisheries, and 
make other administrative changes to groundfish management measures. 
This action is necessary to respond to updated scientific information 
and achieve the goals and objectives of the Fishery Management Plan. 
The proposed measures are intended to help prevent overfishing, rebuild 
overfished stocks, achieve optimum yield, and ensure that management 
measures are based on the best scientific information available.

DATES: Comments must be received by July 7, 2017.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2017-0021, 
by either of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0021; Click the ``Comment Now!'' icon 
and complete the required fields; and enter or attach your comments.
     Mail: Submit written comments to John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on the Proposed Rule for Groundfish Framework Adjustment 
56.''
    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. All comments we receive 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. We will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Copies of Framework Adjustment 56, including the draft 
Environmental Assessment, the Regulatory Impact Review, and the Initial 
Regulatory Flexibility Analysis prepared by the New England Fishery 
Management Council (NEFMC) in support of this action are available from 
Thomas A. Nies, Executive Director, New England Fishery Management 
Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The supporting 
documents are also accessible via the Internet at: http://www.nefmc.org/management-plans/northeast-multispecies or http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies.

[[Page 28448]]


FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, 
phone: 978-281-9195; email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

1. Summary of Proposed Measures
2. Status Determination Criteria for Witch Flounder
3. Fishing Year 2017 Shared U.S./Canada Quotas
4. Catch Limits
5. Allocation of Northern Windowpane Flounder for the Scallop 
Fishery
6. Revised Threshold for Scallop Accountability Measures
7. Increase to Georges Bank Haddock Catch Limit for the Midwater 
Trawl Fishery
8. Sector Measures for Fishing Year 2017
9. Fishing Year 2017 Annual Measures Under Regional Administrator 
Authority
10. Fishing Year 2017 Northern and Southern Windowpane Flounder 
Accountability Measures
11. Regulatory Corrections Under Regional Administrator Authority

1. Summary of Proposed Measures

    This action would implement the management measures in Framework 
Adjustment 56 to the Northeast Multispecies Fishery Management Plan 
(FMP). The Council deemed the proposed regulations consistent with, and 
necessary to implement, Framework 56 in an April 13, 2017, letter from 
Council Chairman John F. Quinn to Regional Administrator John Bullard. 
Under the Magnuson-Stevens Fishery Conservation and Management Act 
(Magnuson-Stevens Act), we are required to publish proposed rules for 
comment after preliminarily determining whether they are consistent 
with applicable law. The Magnuson-Stevens Act permits us to approve, 
partially approve, or disapprove measures proposed by the Council based 
on whether the measures are consistent with the fishery management 
plan, plan amendment, the Magnuson-Stevens Act and its National 
Standards, and other applicable law. Otherwise, we must defer to the 
Council's policy choices. Some regulations authorize the Regional 
Administrator to make determinations or implement specifications using 
procedures consistent with the Administrative Procedure Act. The 
Magnuson-Stevens Act also authorizes the Regional Administrator to put 
in place regulations that are necessary to ensure the proper 
administration of FMP goals and objectives. We are seeking comment on 
the Council's proposed measures in Framework 56 and whether they are 
consistent with the Magnuson-Stevens Act and its National Standards, 
and other applicable law. Through Framework 56, the Council proposes 
to:
     Set 2017 specifications for three shared U.S./Canada 
stocks (Eastern Georges Bank (GB) cod, Eastern GB haddock, and GB 
yellowtail flounder);
     Set 2017-2019 specifications for witch flounder;
     Establish an allocation of northern windowpane flounder 
for the scallop fishery;
     Revise catch thresholds for implementing the scallop 
fishery's accountability measures for GB yellowtail flounder and 
northern windowpane flounder; and
     Increase the GB haddock allocation for the midwater trawl 
fishery.
    This action also proposes a number of other measures that are not 
part of Framework 56, but that may be considered and implemented under 
our authority specified in the FMP. We are proposing these measures in 
conjunction with the Framework 56 proposed measures for expediency 
purposes, and because these measures are related to the catch limits 
proposed as part of Framework 56. The additional measures proposed in 
this action are listed below.
     Management measures necessary to implement sector 
operations plans--This action proposes annual catch entitlements for 19 
sectors for fishing year 2017 based on final fishing year 2017 sector 
rosters.
     Management measures for the common pool fishery--This 
action proposes to adjust the fishing year 2017 trip limit for witch 
flounder for the common pool fishery, related to the proposed change to 
the witch flounder specifications in this action.
     2017 Accountability measures for windowpane flounder--This 
action describes accountability measures for northern and southern 
windowpane flounder that are implemented due to overages of fishing 
year 2015 catch limits for both stocks. We informed the New England 
Council of these accountability measures at its September 2016 meeting, 
and in our September 27, 2016, letter to New England Council Executive 
Director Thomas Nies, and in our October 7, 2016, letter to Mid-
Atlantic Council Executive Director Chris Moore. Given the potential 
negative economic impact of these measures this year, we are seeking 
public comment on these type of measures in similar circumstances for 
the future through this proposed rule.

2. Status Determination Criteria for Witch Flounder

    The Northeast Fisheries Science Center conducted a witch flounder 
benchmark assessment in 2016. The final report for the benchmark 
assessment is available on the NEFSC Web site: http://www.nefsc.noaa.gov/publications/crd/crd1703/. The assessment peer 
review panel rejected the 2016 benchmark assessment model for witch 
flounder. An important source of uncertainty for this assessment is a 
major retrospective pattern, which causes the model to underestimate 
fishing mortality and overestimate stock biomass and recruitment. The 
assessment was unable to identify the cause of the retrospective 
pattern. The model had other diagnostic issues in addition to the 
retrospective pattern that indicated the model was a poor fit to the 
underlying data. There was also an inconsistency between model-based 
catchability estimates for the Northeast Fishery Science Center trawl 
surveys and a recent gear catchability experiment. Biomass estimates 
from the catchability experiment were about four times higher than the 
biomass estimates from the model at the end of the time series.
    As part of the review process, the peer review panel evaluated the 
previous witch flounder benchmark assessment, originally conducted in 
2008 and updated in 2012 and 2015. The 2008 benchmark assessment and 
its updates all supported determinations that the witch flounder stock 
was overfished, and that overfishing was occurring. The 2016 peer 
review panel updated the 2008 benchmark as part of its review, and 
ultimately rejected the update because it showed a large, unexplained 
retrospective patterns similar to the 2016 benchmark assessment model. 
The panel recommended that none of these assessments should be used as 
a basis for determining witch flounder stock status.
    Given the lack of an assessment model, the peer review panel 
examined an alternative approach that used swept-area biomass estimates 
to generate catch advice. The panel did not have sufficient time to use 
this approach to fully develop alternative status determination 
criteria. However, the panel provided recommendations to prevent 
overfishing. The panel also concluded that stock biomass is at 
historical low levels based on relative biomass estimates from the 
alternative approach. In addition, the fishery landings and survey 
catch indicate truncation of age structure and a reduction in the 
number of old fish in the population. These are both indicators of poor 
stock condition. We discuss additional details about the 2016 benchmark 
assessment results, and the proposed 2017-2019 catch limits for

[[Page 28449]]

witch flounder, in section ``4. Catch Limits.''
    We approved the existing status determination criteria for witch 
flounder in Amendment 16 to the Northeast Multispecies FMP (75 FR 
18261; April 9, 2010). The existing criteria state that the witch 
flounder stock is subject to overfishing if the fishing mortality rate 
(F) is above the F at 40 percent of maximum spawning potential. The 
witch flounder stock is overfished if spawning stock biomass falls 
below \1/2\ of the target, which is also calculated using F at 40 
percent of maximum spawning potential. This definition was based on the 
benchmark assessments reviewed during the 3rd Groundfish Assessment 
Review Meeting (GARM III), completed in August 2008, and is the same as 
the status determination criteria currently in place for most of the 
Northeast multispecies stocks with age-based assessments.
    The Council relied on the advice from the assessment peer review 
panel and its Scientific and Statistical Committee (SSC) to recommend 
changing the status determination criteria for witch flounder to 
unknown. If the status determination criteria are changed to unknown, 
however, there would be no measurable and objective standards in place 
against which to judge the status of the witch flounder stock. We 
propose disapproving the Council's recommendation, and maintaining the 
existing criteria until a valid assessment model is available to use 
for setting new catch limits or for generating new criteria. This is 
new guidance to the Council, provided after it took final action on 
Framework 56, and is different than the approach the Council has taken, 
and that we have approved, for recommending status determination 
criteria for other groundfish stocks with rejected assessments (e.g., 
GB yellowtail flounder).
    Status determination relative to model-based reference points is no 
longer possible for witch flounder, and we recognize that we do not 
have fishing mortality and biomass estimates to compare to the existing 
status determination criteria. In conjunction with the 2017 assessment 
updates, we will work with the Council to use updated fishery 
information to develop fishing mortality and biomass estimates and new 
status determination criteria for this stock.
    The witch flounder stock was previously listed as subject to 
overfishing and overfished. Despite the rejection of the recent stock 
assessments for stock status purposes and lack of numerical estimates 
of stock size, there is qualitative information in the assessment that 
supports continuing to list the status as overfished, but changing the 
overfishing status from subject to overfishing to unknown. The 
conclusion that the stock is at historical low levels and other signs 
of poor stock condition, provide reliable indicators that support this 
stock remaining listed as overfished. Unlike the overfished status, for 
which we have reliable indicators of stock condition, we do not have 
reliable indicators for the overfishing status. While we cannot specify 
an overfishing status determination criterion for this stock, catch for 
the last five years has been below the ACL. The lack of reliable 
indicators, the rejection of the recent stock assessment, and the fact 
that catch has remained below the ACL, support changing the overfishing 
status of this stock to unknown.
    In the meantime, we are proposing an acceptable biological catch 
(ABC) as recommended by the Council, and catch data shows this ABC is 
expected to prevent overfishing. The limits set from this 
recommendation are based on historic catch rates and other data that 
are expected to maintain or improve current biomass levels. There is 
currently a rebuilding plan in place for witch flounder that has an end 
date of 2017. We were waiting for the results of the 2016 assessment 
update, as well as the revisions to the National Standard 1 Guidelines, 
to provide guidance to the Council regarding how to proceed with the 
rebuilding plan. Prior to the 2016 assessment, and based on the results 
of the 2015 assessment update, which found that 2014 spawning stock 
biomass was at 22 percent of the biomass target, and that the stock was 
not expected to reach the 2017 rebuilding target even in the absence of 
fishing mortality, we were anticipating that we would need to notify 
the Council that it was necessary to revise the rebuilding plan. 
Although a quantitative status determination relative to the 2016 
benchmark assessment results is not possible, there are indications 
that the stock is still in poor condition, and will continue to need 
conservative management measures to promote stock growth. Based on what 
we know of the stock's condition, the proposed catch limits are 
designed to maintain or improve current biomass levels. We are 
finalizing our guidance regarding any necessary adjustments to the 
rebuilding plan and will advise the Council on the next steps prior to 
the fall 2017 groundfish assessment updates. Additionally, at whatever 
point the stock assessment for witch flounder can provide biomass 
estimates, these estimates can be used to evaluate progress towards the 
rebuilding targets.

3. Fishing Year Shared 2017 U.S./Canada Quotas

Management of Transboundary Georges Bank Stocks

    Eastern GB cod, eastern GB haddock, and GB yellowtail flounder are 
jointly managed with Canada under the United States/Canada Resource 
Sharing Understanding. Each year, the Transboundary Management Guidance 
Committee (TMGC), which is a government-industry committee made up of 
representatives from the U.S. and Canada, recommends a shared quota for 
each stock based on the most recent stock information and the TMGC's 
harvest strategy. The TMGC's harvest strategy for setting catch levels 
is to maintain a low to neutral risk (less than 50 percent) of 
exceeding the fishing mortality limit for each stock. The harvest 
strategy also specifies that when stock conditions are poor, fishing 
mortality should be further reduced to promote stock rebuilding. The 
shared quotas are allocated between the U.S. and Canada based on a 
formula that considers historical catch (10-percent weighting) and the 
current resource distribution (90-percent weighting).
    For GB yellowtail flounder, the SSC also recommends an ABC for the 
stock, which is typically used to inform the U.S. TMGC's discussions 
with Canada for the annual shared quota. Although the stock is jointly 
managed with Canada, and the TMGC recommends annual shared quotas, the 
United States may not set catch limits that would exceed the SSC's 
recommendation. The SSC does not recommend ABCs for eastern GB cod and 
haddock because they are management units of the total GB cod and 
haddock stocks. The SSC recommends overall ABCs for the total GB cod 
and haddock stocks. The shared U.S./Canada quota for eastern GB cod and 
haddock is accounted for in these overall ABCs, and must be consistent 
with the SSC's recommendation for the total GB stocks.

2017 U.S./Canada Quotas

    The Transboundary Resources Assessment Committee (TRAC) conducted 
assessments for the three transboundary stocks in July 2016, and 
detailed summaries of these assessments can be found at: http://www.nefsc.noaa.gov/saw/trac/. The TMGC met in September 2016 to 
recommend shared quotas for 2017 based on the updated assessments, and 
the Council adopted the TMGC's recommendations in Framework 56. The

[[Page 28450]]

proposed 2017 shared U.S./Canada quotas, and each country's allocation, 
are listed in Table 1.

 Table 1--Proposed Fishing Year 2017 U.S./Canada Quotas (mt, Live Weight) and Percent of Quota Allocated to Each
                                                     Country
----------------------------------------------------------------------------------------------------------------
                                                                                    Eastern GB     GB Yellowtail
                              Quota                               Eastern GB cod      haddock        flounder
----------------------------------------------------------------------------------------------------------------
Total Shared Quota..............................................             730          50,000             300
U.S. Quota......................................................       146 (20%)    29,500 (59%)       207 (69%)
Canada Quota....................................................       584 (80%)    20,500 (41%)        93 (31%)
----------------------------------------------------------------------------------------------------------------

    The Council's proposed 2017 U.S. quota for eastern GB haddock would 
be a 95-percent increase compared to 2016. This increase is due to an 
increase in the shared U.S./Canada quota, as well as an increase in the 
amount of the quota that is allocated to the United States. The 
proposed 2017 U.S. quota for eastern GB cod would also be a small 
increase from 2016 (6 percent). The Council's proposed U.S. quota for 
GB yellowtail flounder would be a 23-percent decrease compared to 2016. 
The decrease is in response to continued poor stock condition and a 
decrease in the U.S. share of the quota. For a more detailed discussion 
of the TMGC's 2017 catch advice, see the TMGC's guidance document under 
the ``Resources'' tab at: http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/index.html.
    The regulations implementing the U.S./Canada Resource Sharing 
Understanding require that any overages of the U.S. quota for eastern 
GB cod, eastern GB haddock, or GB yellowtail flounder be deducted from 
the U.S. quota in the following fishing year. If catch information for 
fishing year 2016 indicates that the U.S. fishery exceeded its quota 
for any of the shared stocks, we will reduce the respective U.S. quotas 
for fishing year 2017 in a future management action, as soon as 
possible. If any fishery that is allocated a portion of the U.S. quota 
exceeds its allocation and causes an overage of the overall U.S. quota, 
the overage reduction would only be applied to that fishery's 
allocation in the following fishing year. This ensures that catch by 
one component of the fishery does not negatively affect another 
component of the fishery.

4. Catch Limits

Summary of the Proposed Catch Limits

    The catch limits proposed by the Council in this action can be 
found in Tables 2 through 9. A brief summary of how these catch limits 
were developed is provided below. More details on the proposed catch 
limits for each groundfish stock can be found in Appendix III to the 
Framework 56 Environmental Assessment (see ADDRESSES for information on 
how to get this document).
    Last year, Framework 55 (81 FR 26412; May 2, 2016) adopted fishing 
year 2016-2018 catch limits for all groundfish stocks, except for the 
U.S./Canada stocks, which must be set every year. As discussed in 
section ``2. Status Determination Criteria for Witch Flounder,'' the 
Northeast Fisheries Science Center conducted a benchmark assessment for 
witch flounder in December 2016. The Council considered the results of 
the witch flounder benchmark assessment at its January 2017 meeting, 
and included revised catch limits in Framework 56. This rule proposes 
to implement fishing year 2017-2019 catch limits for witch flounder 
based on the recent stock assessment and consistent with the 
recommendations of the Council's SSC. This rule also proposes to 
incorporate shared U.S./Canada quotas (see section ``3. Fishing Year 
2017 Shared U.S./Canada Quotas). For most stocks, other than GB cod, GB 
haddock, GB yellowtail flounder, and witch flounder, catch limits 
included in this action are identical to those previously implemented 
in Framework 55, and became effective on May 1, 2017. There are changes 
to the northern windowpane flounder catch limits related to the 
proposed allocation of northern windowpane flounder to the scallop 
fishery (see section ``5. Allocation of Northern Windowpane Flounder to 
the Scallop Fishery''). There are also minor changes to the catch 
limits for GB winter flounder and white hake due to revised estimates 
of Canadian catch. Table 2 details the percent change in the 2017 catch 
limit compared to fishing year 2016.

Overfishing Limits and Acceptable Biological Catches

    The overfishing limit (OFL) serves as the maximum amount of fish 
that can be caught in a year without resulting in overfishing. The OFL 
for each stock is calculated using the estimated stock size and 
FMSY (i.e., the fishing mortality rate that, if applied over 
the long term, would result in maximum sustainable yield). The OFL does 
not account for scientific uncertainty, so the SSC typically recommends 
an ABC that is lower than the OFL in order to account for this 
uncertainty. Usually, the greater the amount of scientific uncertainty, 
the lower the ABC is set compared to the OFL. For GB cod, GB haddock, 
and GB yellowtail flounder, the total ABC is then reduced by the amount 
of the Canadian quota (see Table 3 for the Canadian share of these 
stocks). Additionally, although GB winter flounder, white hake, and 
Atlantic halibut are not jointly managed with Canada, there is some 
Canadian catch of these stocks. Because the total ABC must account for 
all sources of fishing mortality, expected Canadian catch of GB winter 
flounder (87 mt), white hake (42 mt), and Atlantic halibut (34 mt) is 
deducted from the total ABC. The U.S. ABC is the amount available to 
the U.S. fishery after accounting for Canadian catch. Additional 
details about the Council's proposed ABC for witch flounder is provided 
below.

[[Page 28451]]



                             Table 2--Proposed Fishing Years 2017-2019 Overfishing Limits and Acceptable Biological Catches
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                         2017              Percent              2018                      2019
                            Stock                             -------------------------- change from ---------------------------------------------------
                                                                   OFL        U.S. ABC       2016         OFL        U.S. ABC       OFL        U.S. ABC
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod.......................................................        1,665          665          -13        1,665        1,249
GOM Cod......................................................          667          500            0          667          500
GB Haddock...................................................      258,691       57,398            2      358,077       77,898
GOM Haddock..................................................        5,873        4,534           25        6,218        4,815
GB Yellowtail Flounder.......................................      Unknown          207          -23      Unknown          354
SNE/MA Yellowtail Flounder...................................      Unknown          267            0      Unknown          267
CC/GOM Yellowtail Flounder...................................          707          427            0        7,900          427
American Plaice..............................................        1,748        1,336            3        1,840        1,404
Witch Flounder...............................................      Unknown          878           91      Unknown          878      Unknown          878
GB Winter Flounder...........................................        1,056          702            5        1,459          702
GOM Winter Flounder..........................................        1,080          810            0        1,080          810
SNE/MA Winter Flounder.......................................        1,021          780            0        1,587          780
Redfish......................................................       14,665       11,050            7       15,260       11,501
White Hake...................................................        4,816        3,644           -3        4,733        3,580
Pollock......................................................       32,004       21,312            0       34,745       21,312
N. Windowpane Flounder.......................................          243          182            0          243          182
S. Windowpane Flounder.......................................          833          623            0          833          623
Ocean Pout...................................................          220          165            0          220          165
Atlantic Halibut.............................................          210          124            0          210          124
Atlantic Wolffish............................................          110           82            0          110           82
--------------------------------------------------------------------------------------------------------------------------------------------------------
SNE/MA = Southern New England/Mid-Atlantic; CC = Cape Cod; N = Northern; S = Southern.
Note: An empty cell indicates no OFL/ABC is adopted for that year. These catch limits will be set in a future action.

Witch Flounder

    As discussed under section ``2. Status Determination Criteria for 
Witch Flounder,'' both the 2016 witch flounder benchmark assessment and 
the previous benchmark assessment were rejected, and could not be used 
as a basis for catch advice. In the absence of an assessment model, the 
peer review panel recommended catch advice for witch flounder based on 
a swept-area biomass approach. The swept-area biomass approach is 
entirely different from the age-based assessment approaches used to 
generate past biomass estimates and catch limits. The swept-area 
biomass approach indicates that biomass declined from the 1960s to the 
mid-1990s, increased in the early 2000s, and declined until 2005. Since 
2005, stock size appears to have been low relative to the 1960s, but 
relatively stable. The swept-area biomass approach generates an ABC of 
878 mt by applying the mean exploitation rate from 2007 to 2015 to the 
3-year moving average of exploitable biomass estimates from the spring 
and fall NOAA Fisheries trawl surveys.
    The SSC met on January 17, 2017, to review the results of the 
recent benchmark assessment. The SSC's final report for its witch 
flounder ABC recommendation is available here: http://s3.amazonaws.com/nefmc.org/1_SSC_response_witchflounder_Jan2016_FINAL.pdf. The SSC 
agreed that the swept-area biomass approach results were the best 
available, and based on this approach, recommended an OFL of unknown, 
and an ABC of 878 mt. The Council discussed the SSC's recommendations 
on January 25, 2017, and recommended a constant ABC of 878 mt for 
fishing years 2017-2019. The 878 mt ABC recommendation represents a 91-
percent increase over the 2016 ABC (460 mt). The higher catch limit 
recommendation should not be viewed as a simple increase. Rather, the 
swept-area biomass approach is entirely different from the age-based 
assessment approaches used to generate past catch limits.
    The Northeast Fisheries Science center will conduct an assessment 
update for witch flounder in fall of 2017, in time to re-specify witch 
flounder catch limits for fishing year 2018, if necessary. Updated 
catch and assessment information may provide support for adjusting the 
ABC for future fishing years. Thus, although the Council proposes a 3-
year constant ABC, the catch limits adopted may only be in place for 1 
year.

Annual Catch Limits

Development of Annual Catch Limits
    The U.S. ABC for each stock is divided among the various fishery 
components to account for all sources of fishing mortality. First, an 
estimate of catch expected from state waters and the ``other'' sub-
component (i.e., non-groundfish fisheries) is deducted from the U.S. 
ABC. These sub-components are not subject to specific catch controls by 
the FMP. As a result, the state waters and other sub-components are not 
allocations, and these components of the fishery are not subject to 
accountability measures if the catch limits are exceeded. After the 
state and other sub-components are deducted, the remaining portion of 
the U.S. ABC is distributed to the fishery components that receive an 
allocation for the stock. Components of the fishery that receive an 
allocation are subject to accountability measures if they exceed their 
respective catch limit during the fishing year.
    Once the U.S. ABC is divided, sub-annual catch limits (sub-ACLs) 
are set by reducing the amount of the ABC distributed to each component 
of the fishery to account for management uncertainty. Management 
uncertainty is the likelihood that management measures will result in a 
level of catch greater than expected. For each stock and fishery 
component, management uncertainty is estimated using the following 
criteria: Enforceability and precision of management measures, adequacy 
of catch monitoring, latent effort, and catch of groundfish in non-
groundfish fisheries. The total ACL is the sum of all of the sub-ACLs 
and ACL sub-components, and is the catch limit for a particular year 
after accounting for both scientific and management uncertainty. 
Landings and discards from all fisheries (commercial and recreational 
groundfish fisheries, state waters, and non-groundfish fisheries) are 
counted against the ACL for each

[[Page 28452]]

stock. Tables 3 to 5 summarize the proposed catch limits for fishing 
years 2017, 2018, and 2019.

Sector and Common Pool Allocations

    For stocks allocated to sectors, the commercial groundfish sub-ACL 
is further divided into the non-sector (common pool) sub-ACL and the 
sector sub-ACL, based on the total vessel enrollment in sectors and the 
cumulative Potential Sector Contributions (PSCs) associated with those 
sectors. The sector and common pool sub-ACLs proposed in this action 
are based on fishing year 2017 PSCs and finalized fishing year 2017 
sector rosters. Sector specific allocations for each stock can be found 
in this rule in section ``8. Sector Measures for Fishing Year 2017.''

Common Pool Total Allowable Catches

    The common pool sub-ACL for each stock (except for SNE/MA winter 
flounder, northern windowpane flounder, southern windowpane flounder, 
ocean pout, Atlantic wolffish, and Atlantic halibut) is further divided 
into trimester total allowable catches (TACs). The distribution of the 
common pool sub-ACLs into trimesters was adopted in Amendment 16 to the 
FMP. Once we project that 90 percent of the trimester TAC is caught for 
a stock, the trimester TAC area for that stock is closed for the 
remainder of the trimester to all common pool vessels fishing with gear 
capable of catching the pertinent stock. Any uncaught portion of the 
TAC in Trimester 1 or Trimester 2 will be carried forward to the next 
trimester. Overages of the Trimester 1 or Trimester 2 TAC will be 
deducted from the Trimester 3 TAC. Any overages of the total common 
pool sub-ACL will be deducted from the following fishing year's common 
pool sub-ACL for that stock. Uncaught portions of the Trimester 3 TAC 
may not be carried over into the following fishing year. Table 6 
summarizes the common pool trimester TACs proposed in this action.
    Incidental catch TACs are also specified for certain stocks of 
concern (i.e., stocks that are overfished or subject to overfishing) 
for common pool vessels fishing in the special management programs 
(i.e., special access programs (SAPs) and the Regular B Days-at-Sea 
(DAS) Program), in order to limit the catch of these stocks under each 
program. Tables 7 through 9 summarize the proposed Incidental Catch 
TACs for each stock and the distribution of these TACs to each special 
management program.

Closed Area I Hook Gear Haddock Special Access Program

    Overall fishing effort by both common pool and sector vessels in 
the Closed Area I Hook Gear Haddock SAP is controlled by an overall TAC 
for GB haddock, which is the target species for this SAP. The maximum 
amount of GB haddock that may be caught in any fishing year is based on 
the amount allocated to this SAP for the 2004 fishing year (1,130 mt), 
and adjusted according to the growth or decline of the western GB 
haddock biomass in relationship to its size in 2004. Based on this 
formula, the Council's proposed GB Haddock TAC for this SAP is 10,709 
mt for fishing year 2017. Once this overall TAC is caught, the Closed 
Area I Hook Gear Haddock SAP will be closed to all groundfish vessels 
for the remainder of the fishing year.

Default Limits for the 2019 Fishing Year

    Framework 53 established a mechanism for setting default catch 
limits in the event a future management action is delayed. If final 
catch limits have not been implemented by the start of a fishing year 
on May 1, then default catch limits are set at 35 percent of the 
previous year's catch limit, effective until July 31 of that fishing 
year. If this value exceeds the Council's recommendation for the 
upcoming fishing year, the default catch limits will be reduced to an 
amount equal to the Council's recommendation for the upcoming fishing 
year. Because groundfish vessels are not able to fish if final catch 
limits have not been implemented, this measure was established to 
prevent disruption to the groundfish fishery. Additional description of 
the default catch limit mechanism is provided in the preamble to the 
Framework 53 final rule (80 FR 25110; May 1, 2015). The default catch 
limits for 2019 were presented in the Framework 55 Final Rule (81 FR 
26412; May 2, 2016) and are not repeated here.

   Table 3--Proposed Catch Limits for Fishing Year 2017 (mt, live weight). Catch Limits Are Proposed for GB Cod, GB Haddock, GB Yellowtail, and Witch
Flounder. Sub-ACL Adjustments Are Proposed for the Midwater Trawl Fishery for GB Haddock, and for the Scallop Fishery for Northern Windowpane. All Other
                                              Limits Were Previously Adopted in Framework 55 on May 1, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Total                                           Midwater                              State
             Stock               Total ACL  groundfish    Sector      Common    Recreational     trawl      Scallop   Small-mesh  waters sub- Other sub-
                                              fishery                  pool        fishery      fishery     fishery    fisheries   component   component
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................         637         531         521          10  ............  ..........  ..........  ..........          20          86
GOM Cod.......................         473         437         271           9           157  ..........  ..........  ..........          27          10
GB Haddock....................      54,568      52,620      52,253         367  ............         801  ..........  ..........         574         574
GOM Haddock...................       4,285       4,177       2,985          33         1,160          42  ..........  ..........          33          33
GB Yellowtail Flounder........         201         163         160           2  ............  ..........          32           4           0         2.1
SNE/MA Yellowtail Flounder....         256         187         151          36  ............  ..........          34  ..........           5          29
CC/GOM Yellowtail Flounder....         409         341         326          15  ............  ..........  ..........  ..........          43          26
American Plaice...............       1,272       1,218       1,196          23  ............  ..........  ..........  ..........          27          27
Witch Flounder................         839         734         718          16  ............  ..........  ..........  ..........          35          70
GB Winter Flounder............         683         620         615           5  ............  ..........  ..........  ..........           0          63
GOM Winter Flounder...........         776         639         607          32  ............  ..........  ..........  ..........         122          16
SNE/MA Winter Flounder........         749         585         515          70  ............  ..........  ..........  ..........          70          94
Redfish.......................      10,514      10,183      10,126          56  ............  ..........  ..........  ..........         111         221
White Hake....................       3,467       3,358       3,331          27  ............  ..........  ..........  ..........          36          73
Pollock.......................      20,374      17,817      17,704         113  ............  ..........  ..........  ..........       1,279       1,279
N. Windowpane Flounder........         170         129          na         129  ............  ..........          36  ..........           2           4
S. Windowpane Flounder........         599         104          na         104  ............  ..........         209  ..........          37         249
Ocean Pout....................         155         130          na         130  ............  ..........  ..........  ..........           2          23
Atlantic Halibut..............         119          91          na          91  ............  ..........  ..........  ..........          25           4
Atlantic Wolffish.............          77          72          na          72  ............  ..........  ..........  ..........           1           3
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 28453]]


   Table 4--Proposed Catch Limits for Fishing Year 2018 (mt, Live Weight). Catch Limits Are Proposed for GB Cod, GB Haddock, GB Yellowtail, and Witch
Flounder. Sub-ACL Adjustments Are Proposed for the Midwater Trawl Fishery for GB Haddock, and for the Scallop Fishery for Northern Windowpane. All Other
                                              Limits Were Previously Adopted in Framework 55 on May 1, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                               Total                                           Midwater                              State
             Stock               Total ACL  groundfish    Sector      Common    Recreational     trawl      Scallop   Small-mesh  waters sub- Other sub-
                                              fishery                  pool        fishery      fishery     fishery    fisheries   component   component
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................       1,197         997         978          18  ............  ..........  ..........  ..........          37         162
GOM Cod.......................         473         437         271           9           157  ..........  ..........  ..........          27          10
GB Haddock....................      74,058      71,413      70,916         497  ............       1,087  ..........  ..........         779         779
GOM Haddock...................       4,550       4,436       3,169          35         1,231          45  ..........  ..........          35          35
GB Yellowtail Flounder........         343         278         274           4  ............  ..........          55           7           0           4
SNE/MA Yellowtail Flounder....         256         185         149          36  ............  ..........          37  ..........           5          29
CC/GOM Yellowtail Flounder....         409         341         326          15  ............  ..........  ..........  ..........          43          26
American Plaice...............       1,337       1,280       1,257          24  ............  ..........  ..........  ..........          28          28
Witch Flounder................         839         734         718          16  ............  ..........  ..........  ..........          35          70
GB Winter Flounder............         683         620         615           5  ............  ..........  ..........  ..........           0          63
GOM Winter Flounder...........         776         639         607          32  ............  ..........  ..........  ..........         122          16
SNE/MA Winter Flounder........         749         585         515          70  ............  ..........  ..........  ..........          70          94
Redfish.......................      10,943      10,598      10,540          58  ............  ..........  ..........  ..........         115         230
White Hake....................       3,406       3,299       3,273          26  ............  ..........  ..........  ..........          36          72
Pollock.......................      20,374      17,817      17,704         113  ............  ..........  ..........  ..........       1,279       1,279
N. Windowpane Flounder........         170         129  ..........         129  ............  ..........          36  ..........           2           4
S. Windowpane Flounder........         599         104  ..........         104  ............  ..........         209  ..........          37         249
Ocean Pout....................         155         130  ..........         130  ............  ..........  ..........  ..........           2          23
Atlantic Halibut..............         119          91  ..........          91  ............  ..........  ..........  ..........          25           4
Atlantic Wolffish.............          77          72  ..........          72  ............  ..........  ..........  ..........           1           3
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                                      Table 5--Proposed Catch Limits for Fishing Year 2019
                                                                                        [mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                             Total                                                 Midwater                                State
                           Stock                              Total ACL    groundfish     Sector    Common pool   Recreational      trawl       Scallop     Small-mesh  waters  sub- Other  sub-
                                                                            fishery                                  fishery       fishery      fishery     fisheries    component    component
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Witch Flounder.............................................         839          734          718           16   ..............  ...........  ...........  ...........          35           70
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


                                          Table 6--Proposed Fishing Years 2017-2019 Common Pool Trimester TACs
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             2017                                2018                                2019
                                             -----------------------------------------------------------------------------------------------------------
                    Stock                      Trimester   Trimester   Trimester   Trimester   Trimester   Trimester   Trimester   Trimester   Trimester
                                                   1           2           3           1           2           3           1           2           3
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod......................................         2.5         3.6         3.7         4.6         6.8         7.0
GOM Cod.....................................         2.5         3.3         3.4         2.5         3.3         3.4
GB Haddock..................................        99.0       120.9       146.6       134.3       164.1       199.0
GOM Haddock.................................         8.8         8.5        15.4         9.4         9.0        16.3
GB Yellowtail Flounder......................         0.5         0.7         1.3         0.8         1.3         2.2
SNE/MA Yellowtail Flounder..................         7.6        13.4        15.2         7.5        13.2        14.9
CC/GOM Yellowtail Flounder..................         5.2         5.2         4.5         5.2         5.2         4.5
American Plaice.............................         5.5         8.2         9.1         5.7         8.6         9.6
Witch Flounder..............................         4.4         5.1         6.9         4.4         5.1         6.9         4.4         5.1         6.9
GB Winter Flounder..........................         0.4         1.2         3.5         0.4         1.2         3.5
GOM Winter Flounder.........................        11.7        12.0         7.9        11.7        12.0         7.9
Redfish.....................................        14.0        17.4        24.7        14.6        18.1        25.7
White Hake..................................        10.2         8.3         8.3        10.0         8.2         8.2
Pollock.....................................        31.6        39.5        41.8        31.6        39.5        41.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note. An empty cell indicates that no catch limit has been set yet for these stocks. These catch limits will be set in a future management action.


                 Table 7--Proposed Common Pool Incidental Catch TACs for Fishing Years 2017-2019
                                                [mt, live weight]
----------------------------------------------------------------------------------------------------------------
                                                   Percentage of
                      Stock                         common pool        2017            2018            2019
                                                      sub-ACL
----------------------------------------------------------------------------------------------------------------
GB Cod..........................................               2            0.20            0.37  ..............
GOM Cod.........................................               1            0.09            0.09  ..............
GB Yellowtail Flounder..........................               2            0.05            0.08  ..............
CC/GOM Yellowtail Flounder......................               1            0.15            0.15  ..............
American Plaice.................................               5            1.14            1.19  ..............
Witch Flounder..................................               5            0.82            0.82            0.82

[[Page 28454]]

 
SNE/MA Winter Flounder..........................               1            0.70            0.70  ..............
----------------------------------------------------------------------------------------------------------------


           Table 8--Percentage of Incidental Catch TACs Distributed to Each Special Management Program
----------------------------------------------------------------------------------------------------------------
                                                                                   Closed area I
                              Stock                                Regular B DAS     hook gear     Eastern US/CA
                                                                      program       haddock SAP     haddock SAP
----------------------------------------------------------------------------------------------------------------
GB Cod..........................................................              50              16              34
GOM Cod.........................................................             100  ..............  ..............
GB Yellowtail Flounder..........................................              50  ..............              50
CC/GOM Yellowtail Flounder......................................             100  ..............  ..............
American Plaice.................................................             100  ..............  ..............
Witch Flounder..................................................             100  ..............  ..............
SNE/MA Winter Flounder..........................................             100  ..............  ..............
White Hake......................................................             100  ..............  ..............
----------------------------------------------------------------------------------------------------------------


                           Table 9--Proposed Fishing Years 2017-2019 Incidental Catch TACs for Each Special Management Program
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Regular B   DAS program          Closed area I hook gear        Eastern U.S./Canada  Haddock
                                                      ---------------------------------           Haddock SAP                          SAP
                        Stock                                                          -----------------------------------------------------------------
                                                          2017       2018       2019       2017       2018       2019       2017       2018       2019
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod...............................................       0.10       0.18  .........       0.03       0.06  .........       0.07       0.13  .........
GOM Cod..............................................       0.09       0.09  .........        n/a        n/a  .........        n/a        n/a  .........
GB Yellowtail Flounder...............................       0.02       0.04  .........        n/a        n/a  .........       0.02       0.04  .........
CC/GOM Yellowtail Flounder...........................       0.15       0.15  .........        n/a        n/a  .........        n/a        n/a  .........
American Plaice......................................       1.14       1.19  .........        n/a        n/a  .........        n/a        n/a  .........
Witch Flounder.......................................       0.82       0.82       0.82        n/a        n/a        n/a        n/a        n/a        n/a
SNE/MA Winter Flounder...............................       0.70       0.70  .........        n/a        n/a  .........        n/a        n/a  .........
--------------------------------------------------------------------------------------------------------------------------------------------------------

5. Allocation of Northern Windowpane Flounder for the Scallop Fishery

    Scallop fishery catch of northern windowpane flounder is currently 
accounted for under the other sub-component, and has ranged between 6 
and 76 percent of total northern windowpane flounder catch between 2010 
and 2015. As noted above, under section ``4. Catch Limits,'' the U.S. 
ABC for each stock is reduced by an estimate of catch expected from 
state waters and the ``other'' sub-component (i.e., non-groundfish 
fisheries). These sub-components are not subject to specific catch 
controls by the FMP. As a result, the state waters and other sub-
components are not allocations, and these components of the fishery are 
not subject to accountability measures if the catch limits are 
exceeded.
    For northern windowpane flounder, 33 to 49 percent of the U.S. ABC 
has been set aside for the other sub-component each year since 2010. 
Scallop fishery catch accounts for more than 90 percent of other sub-
component catch in each of those years, and was greater than two times 
the other subcomponent value in 2012, 2014, and 2015. This means that 
outside of the groundfish fishery, the scallop fishery is the major 
contributor to northern windowpane flounder catches. Further, catch has 
been over the total ACL for the northern windowpane fishery in every 
year since 2010. In 2012 and 2015, scallop fishery catch, as part of 
the other sub-component, directly contributed to the ACL overage.
    Because the scallop fishery does not currently have an allocation 
for northern windowpane flounder, the groundfish fishery is held 
accountable if high levels of catch in the scallop fishery contribute 
to an ACL overage. When triggered, the northern windowpane flounder AMs 
require groundfish trawl vessel to use selective gear that reduces 
flatfish bycatch in certain areas. This restricts the ability of the 
groundfish fishery to target and catch marketable species, mainly other 
flatfish such as winter flounder, and result in adverse economic 
impacts to the groundfish fleet fishing on Georges Bank when the gear-
restricted areas are in place.
    This action proposes to establish a scallop fishery sub-ACL for 
northern windowpane flounder equal to 21 percent of the northern 
windowpane flounder ABC. This allocation is based on the 90th 
percentile of scallop fishery catches (as a percent of the total catch) 
for calendar years 2005 to 2014. This approach is similar to the 
approach used to set the southern windowpane flounder sub-ACL for the 
scallop fishery in Framework 48 (78 FR 26118, May 2, 2013). The Council 
chose a fixed-percentage allocation rather than an allocation based on 
projected catch because projected catch can fluctuate greatly from year 
to year. The scallop fishery's sub-ACL would be calculated by reducing 
the portion of the ABC allocated to the scallop fishery to account for 
management uncertainty. The current management uncertainty buffer for 
zero-possession stocks is 7 percent. The management uncertainty buffer 
can be adjusted each time the groundfish specifications are set.
    Creating a sub-ACL and, therefore, an AM for the scallop fishery is 
intended to create accountability for those

[[Page 28455]]

fisheries responsible for a substantial share of catch or an overage if 
one occurs. This measure also ensures that catch from one fishery does 
not negatively affect another fishery. Thus, a sub-ACL for the scallop 
fishery would help prevent overfishing of northern windowpane flounder, 
as required by National Standard 1 and Section 303(a)(1) of the 
Magnuson-Stevens Act, and create an incentive to minimize bycatch of 
this stock, consistent with National Standard 9.
    This action does not propose scallop fishery AMs for the northern 
windowpane flounder sub-ACL. Consistent with other scallop allocations, 
the Council would develop and adopt scallop fishery AMs for this sub-
ACL during 2017. We would work with the Council to develop and 
implement the AMs in time for fishing year 2018. This means that if 
there is an overage in the 2017 scallop fishery northern windowpane 
flounder sub-ACL, that overage would be subject to the AM. Once the 
scallop fishery AM for northern windowpane flounder is implemented, the 
groundfish fishery would only be subject to an AM if the groundfish 
fishery exceeds its sub-ACL and the overall ACL is also exceeded. The 
proposed 2017 sub-ACL is lower than recent scallop fishery catches of 
northern windowpane flounder. As a result, this action also proposes an 
AM trigger that would provide additional flexibility that would hold 
the scallop fishery accountable but ensure that optimum yield is still 
achieved. The trigger for the scallop fishery northern windowpane 
flounder AM is discussed below in section ``6. Revised Threshold for 
Scallop Accountability Measures.''

6. Revised Threshold for Scallop Accountability Measures

    The scallop fishery has sub-ACLs for GB yellowtail flounder, SNE/MA 
yellowtail flounder, and southern windowpane flounder. Framework 56 
would also implement a scallop fishery sub-ACL for northern windowpane 
flounder (see section ``5. Allocation of Northern Windowpane Flounder 
for the Scallop Fishery). If the scallop fishery exceeds its sub-ACL 
for these stocks, it is subject to AMs that, in general, restrict the 
scallop fishery in seasons and areas with high encounter rates for 
these stocks. Framework 47 (77 FR 26104, May 2, 2012) set a policy for 
triggering a scallop fishery AMs for groundfish stocks. Currently, the 
scallop fishery is subject to AMs for these stocks if either: (1) The 
scallop fishery exceeds its sub-ACL and the total ACL is exceeded; or 
(2) the scallop fishery exceeds its sub-ACL by 50 percent or more. This 
policy was implemented to provide flexibility for the scallop fishery.
    Framework 56 proposes that the AMs for GB yellowtail flounder and 
northern windowpane flounder would only be implemented if scallop 
fishery catch exceeds its sub-ACL by any amount and the total ACL is 
also exceeded. The AM trigger would remain unchanged for SNE/MA 
yellowtail flounder and southern windowpane flounder. The adjustment 
for GB yellowtail flounder and northern windowpane flounder is intended 
to provide additional flexibility, beyond the existing scallop AM 
implementation policy, for the scallop fishery to operate in years when 
the overall and scallop fishery allocations for these stocks are low. 
The scallop fishery is expected to operate primarily on Georges Bank in 
2017 and 2018, based on scallop rotational area management. The revised 
thresholds would only be effective for fishing years 2017 and 2018, 
after which the Council would evaluate the provision to ensure the 
threshold has effectively constrained both scallop fishery catch and 
total mortality.

7. Increase to Georges Bank Haddock Catch Limit for the Midwater Trawl 
Fishery

    Throughout 2016, the Council considered adjustments to the GB 
haddock catch cap and associated AM to promote long-term sustainable 
management the GB haddock stock and groundfish fishery and provide 
incentives for the midwater Atlantic herring fishery to minimize 
bycatch for this stock to the extent practicable, while still allowing 
the herring fishery to achieve optimum yield. The Council's Herring 
Committee considered a range of alternatives to adjust the 
accountability measure for the GB haddock catch cap in Framework 
Adjustment 5 to the Herring FMP. Herring Framework 5 analyzed 
alternatives to adjust GB haddock AM area, to allocate the existing cap 
seasonally, and to use state portside sampling data in addition to 
NEFOP observer data to monitor the cap. At its January 2017 meeting, 
the Council ultimately voted not to adopt any of the AM adjustment 
approaches in Herring Framework 5, and ceased developing that action. 
This means that the existing AMs for the GB haddock catch cap remain in 
effect. This includes the inseason closure of the GB haddock AM area 
when the haddock catch cap is reached, and pound-for-pound payback for 
any overages.
    The Groundfish Committee simultaneously considered alternatives to 
adjust the GB haddock catch cap in Framework 56, and took final action 
to recommend increasing Atlantic herring midwater trawl fishery's GB 
haddock catch cap from 1 percent of the U.S. ABC to 1.5 percent at its 
November 2016 meeting. The Council's decision to increase the GB 
haddock catch cap in Framework 56 factored into its decision to cease 
development of Herring Framework 5. The Council's analysis notes that 
this option better meets the goals and objectives of the Atlantic 
herring management program. In particular, this option meets the goal 
to achieve, on a continuing basis, optimum yield, and the objectives to 
achieve full utilization from the catch of herring, and to promote the 
utilization of the resource in a manner which maximizes social and 
economic benefits to the nation, while taking into account the 
protection of marine ecosystems including minimizing bycatch to the 
extent practicable.
    As in the past, the herring fishery's midwater trawl sub-ACL would 
be calculated by reducing the portion of the ABC allocated to the 
herring midwater trawl fishery to account for management uncertainty. 
The current management uncertainty buffer is 7 percent.
    The Council also proposes to establish a process for reviewing the 
GB haddock midwater trawl sub-ACL. Following an assessment of the 
entire GB haddock stock, the Groundfish Plan Development Team (PDT) 
would review groundfish fishery catch performance, utilization, status 
of the GB haddock resource, recruitment, incoming year-class strength, 
and the variability in the GB haddock incidental catch estimates for 
the Atlantic herring midwater trawl fishery. Based on this review, the 
PDT would determine whether changes to the GB haddock midwater trawl 
sub-ACL were necessary, and recommend to the Groundfish Committee and 
Council an appropriate sub-ACL equal to 1 to 2 percent of the GB 
haddock U.S. ABC.

8. Sector Measures for Fishing Year 2017

    This action also proposes updated annual catch entitlements for 19 
sectors for the 2017 fishing year based on the new catch limits 
included in Framework 56 and the finalized 2017 sector rosters. Sector 
operation plan approval, as well as evaluation of sector exemptions, is 
covered in the interim final rule that approved 2017 and 2018 sector 
operations plans (82 FR 19618; April 28, 2017).

[[Page 28456]]

Sector Allocations

    Regional Administrator approval is required for sectors to receive 
annual catch entitlements (ACEs) for specific groundfish stocks. The 
ACE allocations are a portion of a stock's ACL available to the sector 
based on the collective fishing history of the sector's members. 
Sectors are allocated ACE for groundfish stocks for which its members 
have landings history, with the exception of Atlantic halibut, ocean 
pout, windowpane flounder, and Atlantic wolffish. These stocks are not 
allocated to sectors.
    The sector allocations proposed in this rule are based on the 
fishing year 2017 specifications described above under ``3. Catch 
Limits.'' We calculate the sector's allocation for each stock by 
summing its members' potential sector contributions (PSC) for a stock, 
as shown in Table 10. The information presented in Table 10 is the 
total percentage of each commercial sub-ACL each sector would receive 
for fishing year 2017, based on finalized fishing year 2017 rosters. 
Tables 11 and 12 show the allocations each sector would receive for 
fishing year 2017, based on finalized fishing year 2017 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 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. 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. Framework 55 implemented a 
similar measure for GB cod (81 FR 26412; May 2, 2016).
    We will allow sectors to transfer fishing year 2016 ACE for 2 weeks 
of the fishing year following the completion of year-end catch 
accounting to reduce or eliminate any fishing year 2016 overages. If 
necessary, we will reduce any sector's fishing year 2017 allocation to 
account for a remaining overage in fishing year 2016.
BILLING CODE 3510-22-P

[[Page 28457]]

[GRAPHIC] [TIFF OMITTED] TP22JN17.000


[[Page 28458]]


[GRAPHIC] [TIFF OMITTED] TP22JN17.001


[[Page 28459]]


[GRAPHIC] [TIFF OMITTED] TP22JN17.002


[[Page 28460]]


BILLING CODE 3510-22-C

Sector Carryover From Fishing Year 2016 to Fishing Year 2017

    Sectors can carry over up to 10 percent of the unused initial 
allocation for each stock into the next fishing year. However, the 
maximum available carryover may be reduced if up to 10 percent of the 
unused sector sub-ACL, plus the total ACL for the upcoming fishing 
year, exceeds the total ABC. Based on the catch limits proposed in this 
action, or previously established in Framework 55, we evaluated whether 
the total potential catch in the 2017 fishing year would exceed the 
proposed or established 2017 ABC if sectors carried over the maximum 10 
percent of unused allocation from 2016 to 2017 (Table 13). Under this 
scenario, total potential catch would exceed the 2017 ABC for all 
stocks except for Gulf of Maine (GOM) haddock and witch flounder. As a 
result, we expect we will need to adjust the maximum amount of unused 
allocation that a sector can carry forward from 2016 to 2017 (down from 
10 percent). It is possible that not all sectors will have 10 percent 
of unused allocation at the end of fishing year 2016. We will make 
final adjustments to the maximum carryover possible for each sector 
based on the final 2016 catch for the sectors, each sector's total 
unused allocation, and proportional to the cumulative PSCs of vessels/
permits participating in the sector. We will announce this adjustment 
as soon as possible.
    Based on the catch limits proposed in this rule, the de minimis 
carryover amount for fishing year 2017 would be set at the default one 
percent of the 2017 overall sector sub-ACL. The overall de minimis 
amount will be applied to each sector based on the cumulative PSCs of 
the vessel/permits participating in the sector. If the overall ACL for 
any allocated stock is exceeded for fishing year 2017, the allowed 
carryover harvested by a sector minus its specified de minimis amount, 
will be counted against its allocation to determine whether an overage, 
subject to an AM, occurred.

                                  Table 13--Evaluation of Maximum Carryover Allowed From the 2016 to 2017 Fishing Years
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Total
                                                     Potential max                     potential
                                      2016 sector   carryover (10%                  catch in FY 17
               Stock                    sub-ACL     of 2016 sector  2017 total ACL   (FY 16 sector   2017 U.S. ABC         Results         By how much?
                                                       sub-ACL)                     carryover + FY
                                                                                        17 ACL)
                                               (B)     (C) = (B) *             (D)     (E) = (C) +             (F)  (G) = (E) > (F)?....   (H) = (E)-(F)
                                                               10%                             (D)
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod............................             597              60             637             697             665  Higher than ABC.....              32
GOM cod...........................             271              27             473             501             500  Higher than ABC.....               1
GB Haddock........................          51,327           5,133          54,568          59,701          57,398  Higher than ABC.....           2,303
GOM Haddock.......................           2,390             239           4,285           4,524           4,534  Lower than ABC......             -10
SNE/MA Yellowtail Flounder........             157              16             256             272             267  Higher than ABC.....               5
CC/GOM Yellowtail Flounder........             326              33             409             442             427  Higher than ABC.....              15
American Plaice...................           1,163             116           1,272           1,388           1,336  Higher than ABC.....              52
Witch Flounder....................             362              36             839             876             878  Lower than ABC......              -2
GB Winter Flounder................             585              59             683             741             702  Higher than ABC.....              39
GOM Winter Flounder...............             606              61             776             837             810  Higher than ABC.....              27
SNE/MA Winter Flounder............             523              52             749             801             780  Higher than ABC.....              21
Redfish...........................           9,474             947          10,514          11,461          11,050  Higher than ABC.....             411
White Hake........................           3,433             343           3,467           3,811           3,686  Higher than ABC.....             125
Pollock...........................          17,704           1,770          20,374          22,145          21,312  Higher than ABC.....             833
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Carryover of GB yellowtail flounder is not allowed because this stock is jointly managed with Canada.

9. Fishing Year 2017 Annual Measures Under Regional Administrator 
Authority

    The FMP gives us authority to implement certain types of management 
measures for the common pool fishery, the U.S./Canada Management Area, 
and Special Management Programs on an annual basis, or as needed. This 
proposed rule includes a description of these management measures that 
are being considered for fishing year 2017 in order to provide an 
opportunity for the public to comment on whether the proposed measures 
are appropriate. These measures are not part of Framework 56, and were 
not specifically proposed by the Council. We are proposing them in 
conjunction with Framework 56 measures in this action for efficiency 
purposes, and because they relate to the catch limits proposed in 
Framework 56.

Witch Flounder Common Pool Trip Limits

    As discussed above in section ``4. Catch Limits,'' this action 
proposes to increase the witch flounder ABC for fishing year 2017. We 
propose to adjust the common pool witch flounder trip limit in response 
to this increase, after considering changes to the common pool sub-ACLs 
and sector rosters from 2016 to 2017, proposed trimester TACs for 2017, 
catch rates of witch flounder during 2016, and other available 
information. Table 14 summarizes the current common pool trip limit for 
witch flounder for fishing year 2017 implemented on May 1, 2017 (82 FR 
20285; May 1, 2017), and the proposed trip limit. The common pool trip 
limits for all other groundfish stocks remains the same as those 
implemented on May 1, 2017.

    Table 14--Proposed Common Pool Trip Limits for Fishing Year 2017
------------------------------------------------------------------------
                                   Current 2017 trip  Proposed 2017 trip
              Stock                      limit               limit
------------------------------------------------------------------------
Witch Flounder..................  150 lb (68 kg)/     400 lb (181 kg)/
                                   trip.               trip.
------------------------------------------------------------------------


[[Page 28461]]

Closed Area II Yellowtail Flounder/Haddock Special Access Program

    This action proposes to allocate zero trips for common pool vessels 
to target yellowtail flounder within the Closed Area II Yellowtail 
Flounder/Haddock SAP for fishing year 2017. Vessels could still fish in 
this SAP in 2017 to target haddock, but must fish with a haddock 
separator trawl, a Ruhle trawl, or hook gear. Vessels would not be 
allowed to fish in this SAP using flounder trawl nets. This SAP is open 
from August 1, 2017, through January 31, 2018.
    We have the authority to determine the allocation of the total 
number of trips into the Closed Area II Yellowtail Flounder/Haddock SAP 
based on several criteria, including the GB yellowtail flounder catch 
limit and the amount of GB yellowtail flounder caught outside of the 
SAP. The FMP specifies that no trips should be allocated to the Closed 
Area II Yellowtail Flounder/Haddock SAP if the available GB yellowtail 
flounder catch is insufficient to support at least 150 trips with a 
15,000-lb (6,804-kg) trip limit (or 2,250,000 lb (1,020,600 kg)). This 
calculation accounts for the projected catch from the area outside the 
SAP. Based on the proposed fishing year 2017 GB yellowtail flounder 
groundfish sub-ACL of 363,763 lb (165,000 kg), there is insufficient GB 
yellowtail flounder to allocate any trips to the SAP, even if the 
projected catch from outside the SAP area is zero. Further, given the 
low GB yellowtail flounder catch limit, catch rates outside of this SAP 
are more than adequate to fully harvest the 2017 GB yellowtail flounder 
allocation.

10. Fishing Year 2017 Northern and Southern Windowpane Flounder 
Accountability Measures

    In fishing year 2015, the total ACLs for both northern and southern 
windowpane flounder were exceeded by more than 20 percent (Table 16). 
For both stocks, the overage was greater than the management 
uncertainty buffers, which means that catch exceeded the ABCs. This 
section describes the AMs for both windowpane flounder stocks that 
would go into effect upon publication of the Framework 56 final rule, 
and until April 30, 2018. Because Framework 56 proposes measures to 
address the operational issue that contributed to the northern 
windowpane flounder ACL overage, we are requesting specific comment on 
this AM. At the request of the NEFMC and the Mid-Atlantic Fishery 
Management Council (MAFMC), we are also requesting comment on the 
southern windowpane flounder AM for future actions.
    The AM areas for either stock are triggered if the catch limit for 
a given year is exceeded by more than 5 percent. The AM areas are 
implemented at the start of the next fishing year after the final catch 
information is available, meaning the overage in 2015 triggers an AM 
for 2017. If windowpane catch is between 5 and 20 percent over the 
limit for either stock, the Small AM Area restriction for the stock is 
triggered (Figure 1). If windowpane catch is more than 20 percent over 
the limit for either stock, the Large AM Area restriction is triggered. 
When the AM areas are effective, certain vessels are required to use 
approved selective gear types that limit flatfish catch. Sectors cannot 
request an exemption from these AMs. The AMs would remain in place 
until April 30, 2018, unless modified through a future action to 
account for updated information as specified in the regulations. As 
long as additional overages do not occur, the AMs would be removed at 
the start of fishing year 2018, beginning on May 1, 2018.
    An overview of the windowpane AM is available here: http://www.nero.noaa.gov/sfd/sfdmulti.html.

                                             Table 16--Fishing Year 2015 Windowpane Flounder ACLs and Catch
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                 Catch (mt and percent of ACL or sub-ACL)
                                                         OFL      ABC     Total  -----------------------------------------------------------------------
                        Stock                            (mt)     (mt)     ACL                     Groundfish    Scallop       State        Other sub-
                                                                           (mt)        Total      fishery (%)  fishery (%)   waters (%)   component (%)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northern windowpane flounder.........................      243      151      144        196 136%           75          (*)           84              275
Southern windowpane flounder.........................      833      548      527        643 122%          135          115           71              138
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Scallop catch of northern windowpane flounder is counted toward the other sub-component.

Northern Windowpane Flounder

    Fishing year 2015 catch exceeded the total ACL for northern 
windowpane flounder by 36 percent. Unlike previous years, the 
groundfish fishery did not exceed its sub-ACL for this stock in 2015. 
Catch from the other sub-component, primarily the scallop fishery, 
contributed to the overage. Because no other fishery had an allocation 
of this stock in 2015, the groundfish fishery would be held responsible 
for the overage. Catch exceeded the ACL by more than 20 percent, and 
therefore the large Northern windowpane flounder AM area would take 
effect for all groundfish trawl vessels upon publication of the 
Framework 56 final rule (Figure 1). As described in section ``5. 
Allocation of Northern Windowpane Flounder for the Scallop Fishery,'' 
Framework 56 also proposes to establish an allocation for the scallop 
fishery to address the operational issue that contributed to the 2015 
ACL overage.

Southern Windowpane Flounder

    Total 2015 catch exceeded the total ACL for southern windowpane 
flounder by more than 20 percent. The groundfish fishery, the scallop 
fishery, and the other non-groundfish fisheries all contributed to the 
overage. The New England and Mid-Atlantic Fishery Management Councils 
requested that we consider removing or modifying the southern 
windowpane accountability measures for fishing year 2017. In support of 
their requests, the Councils pointed to the status of the southern 
windowpane flounder stock, as well as the potential economic impacts of 
the large AM on the groundfish, scallop, and large-mesh non-groundfish 
fisheries.
    The 2015 assessment update for southern windowpane flounder stock 
found that the stock is not overfished, and that overfishing is not 
occurring. The stock was declared fully rebuilt in 2010, and 
overfishing has not occurred for this stock since 2006, despite catch 
in excess of the ACL in all years from 2010-2015. The ABC was also 
exceeded in 2010, 2011, 2012, and 2013. In addition, survey indices 
suggest that stock size has been relatively stable, and increasing 
since hitting a time series low in the mid-1990s, and that stock size 
increased marginally between 2014 and 2016. The final rule for the 2009

[[Page 28462]]

revisions to the National Standard 1 Guidelines (74 FR 3178; January 
16, 2009) discusses that, if available information indicates that a 
stock was above its BMSY level and continued to grow, even 
though the ACL was exceeded for the year, that could indicate that the 
overage did not have any adverse biological consequences that needed to 
be addressed through the AM. In line with this concept, the current 
southern windowpane flounder stock status, coupled with recent 
increases in stock size, suggest that the 2015 overage has not resulted 
in negative biological consequences for this stock.
    The New England Council conducted an analysis of calendar year 2015 
revenue for yellowtail flounder, winter flounder, summer flounder and 
scup within the large AM areas. This analysis provides additional 
details of the extent of the economic impacts on non-groundfish 
fisheries. In 2015, within the large AM closure area, large-mesh 
bottom-trawl fisheries for yellowtail flounder, winter flounder, summer 
flounder, and scup revenues were $2 million. Implementing the large AM 
area would result in substantial loss of revenue for these fisheries, 
as well as the groundfish and scallop fisheries.
    The regulations provide a formulaic trigger for both windowpane 
AMs. If the ACL for either windowpane stock is exceeded by more than 20 
percent, we are required to implement the large AM area, regardless of 
current stock status. AMs are management controls to prevent ACLs from 
being exceeded and to correct or mitigate ACL overages if they occur. 
AMs should address and minimize the frequency and magnitude of overages 
and correct the problem that caused the overage in as short a time as 
possible. We are requesting public comment on implementing the large AM 
area for southern windowpane in fishing year 2017 in comparison to the 
small AM area. When the Council developed the southern windowpane AM 
areas in Framework 47 to the Northeast Multispecies FMP (77 FR 26104; 
May 2, 2012), it selected boundaries for the areas that were 
potentially larger than would be expected to achieve the desired catch 
reductions due to uncertainty in the analysis. Framework 47 also states 
that the boundaries may be adjusted in the future as experience is 
gained on the effectiveness of the AM system. We are seeking comments 
on how and to what degree implementing the small AM area could 
alleviate some of the anticipated economic impacts of the large AM 
area, while ensuring it would be consistent with the objectives of the 
New England and Mid-Atlantic Council fishery management plans. We are 
also seeking comments on potential future adjustments to the AM that 
would balance achieving optimum yield and taking into account the needs 
of fishing communities, without compromising the purpose of the AMs and 
the conservation objectives to prevent overfishing of the southern 
windowpane flounder stock.
    Because the ACL was exceeded by more than 20 percent, the large AM 
area would take effect upon implementation of the Framework 56 final 
rule, for all groundfish trawl vessels, and for non-groundfish trawl 
vessels fishing with a codend mesh size of 5 inches (12 cm) or greater 
(Figure 1). The scallop fishery AM restricts the use of dredge gear in 
the area west of 71[deg] W. longitude, excluding the Mid-Atlantic 
scallop access areas, for the month of February 2018.

[[Page 28463]]

[GRAPHIC] [TIFF OMITTED] TP22JN17.003

Review of Framework 52 Provisions for Windowpane Flounder AMs

    Framework 52 (80 FR 2021; January 15, 2015) implemented a provision 
that allows us to reduce the size of either windowpane AM area 
restriction for groundfish vessels if the stock is rebuilt and the 
biomass criterion is met. The biomass criterion is defined as the most 
recent 3-year average of catch per tow from the fall surveys multiplied 
by 75 percent of FMSY (fishing mortality at maximum 
sustainable yield). Northern windowpane flounder is not rebuilt, and 
thus, does not meet the first criterion for this provision. However, 
because southern windowpane flounder is rebuilt, we reviewed the 
biomass criterion for this stock. Based on the 2014-2016 fall surveys, 
the most recent 3-year average catch per tow is 0.33 kg, and when 
applied to 75 percent FMSY (1.52), results in 500 mt, which 
is less than the 2015 catch (643 mt). As a result, the biomass 
criterion is not met, and the size of the AM cannot be reduced for 
southern windowpane flounder at this time based on this criterion. We 
note that Framework 52 only intended for this provision to reduce the 
size of the southern windowpane AM for groundfish vessels, and did not 
intend to reduce the size of the AM for non-groundfish trawl vessels.

11. Regulatory Corrections Under Regional Administrator Authority

    We are proposing minor changes to the regulatory text to simplify 
the regulations, and clarify regulatory intent.
    This proposed rule clarifies the regulatory text regarding net 
obstruction or constriction in Sec.  648.80 to improve enforceability.
    This proposed rule would remove Sec.  648.85(d), which describes 
the now obsolete haddock incidental catch allowance for some Atlantic 
herring vessels as a special access program within the Northeast 
multispecies fishery. The haddock incidental catch allowances were 
codified in the regulations at Sec.  648.90(a)(4)(iii)(D) as midwater 
trawl sub-ACLs for the GOM and GB haddock stocks when we implemented 
ACLs and AMs in Amendment 16. This proposed rule would remove the 
references to Sec.  648.85(d) throughout the regulations, and replace 
them with the reference to the haddock mid-water trawl sub-ACLs.
    This proposed rule clarifies the regulatory text that describes the 
windowpane flounder and ocean pout accountability measures in Sec.  
648.90.

[[Page 28464]]

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has made a preliminary determination that 
this proposed rule is consistent with Framework 56, other provisions of 
the Magnuson-Stevens Act, and other applicable law. In making the final 
determination, we will consider the data, views, and comments received 
during the public comment period.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866.
    This proposed rule does not contain policies with Federalism or 
``takings'' implications as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities.
    Framework Adjustment 56 proposes to revise groundfish catch limits 
for four of the 20 groundfish stocks for fishing years 2017-2019 (May 
1, 2017, through April 30, 2020), adjust several allocations and 
accountability measures (AMs) for groundfish catch in non-groundfish 
fisheries, and make other administrative changes to groundfish 
management measures. Our analysis of the likely economic impacts of 
Framework 56 measures predicts that the proposed action will have 
positive impacts on fishing vessels, purchasers of seafood products, 
recreational anglers, and operators of party/charter businesses.

Description of Regulated Entities

    For the purposes of our Regulatory Flexibility Act analysis, the 
proposed action is considered to regulate ownership entities that are 
potentially affected by the action. Ownership entities are identified 
on June 1st of each year based on the list of any type of northeast 
Federal fishing permit for the most recent complete calendar year. For 
this action, ownership data was drawn from permits issued for fisheries 
in 2015. As of the beginning of fishing year 2015 (May 1, 2015), NOAA's 
National Marine Fisheries Service (NMFS) issued 3,079 permits that this 
action potentially affects.
    Ownership data collected from 2015 permit holders indicates that 
there are 1,505 distinct business entities that hold at least one 
permit that could be directly regulated by the proposed action. Of the 
3,079 permits held by these business entities, there were 919 limited 
access groundfish permits, 268 recreational handgear permits, 726 
limited access and general category Atlantic sea scallop permits, 798 
small-mesh multispecies permits, and 368 Atlantic herring permits. 
There were 2,037 vessels associated with these permits. Each vessel may 
be individually owned or part of a larger corporate ownership 
structure.
    For RFA purposes only, NMFS established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide. The determination as to whether the 
entity is large or small is based on the average annual revenue for the 
3 years from 2013 through 2015.
    Ownership data for calendar year 2015 permits contains gross sales 
associated with the permits for calendar years 2013 through 2015 that 
were issued to the 1,505 business entities. Of these 1,505 entities, 
202 are inactive and do not have revenues. Using NMFS size standards, 
1,495 of the 1,505 entities are categorized as small. The remaining 10 
are categorized as large entities.

Description of Proposed Framework 56 Measures

Annual Catch Limits

    Framework Adjustment 56 would update 2017-2019 catch limits for 
witch flounder and 2017 catch limits for the three U.S./Canada stocks 
(Eastern Georges Bank (GB) cod, Eastern GB haddock, and GB yellowtail 
flounder). Compared to 2016, Framework 56 would increase the catch 
limits for Eastern GB cod (by 6 percent), Eastern GB haddock (by 94 
percent), and witch flounder (by 91 percent), and would decrease the 
catch limit for GB yellowtail flounder (by 23 percent). The proposed 
action allows additional fishing opportunities for the commercial 
components of the groundfish fishery by extending fishing in the 
Eastern U.S./Canada area. If no action is taken, the Eastern U.S./
Canada area would only be open to fishing for three months (May through 
July), and the proposed action would keep this area open year-round. 
The increases in the catch limits for Eastern GB cod, Eastern GB 
haddock, and witch flounder, as well as the fact that the proposed 
action would keep the Eastern U.S./Canada area for the full fishing 
year, more than offset the decrease in the catch limit for GB 
yellowtail flounder.

Allocation for Northern Windowpane Flounder for the Scallop Fishery

    The proposed action would establish a northern windowpane flounder 
allocation for the scallop fishery equal to 21 percent of the northern 
windowpane flounder catch limit. The allocation would cap the 
incidental catch of northern windowpane flounder in the scallop 
fishery. Until an AM is developed for the scallop fishery, the 21-
percent northern windowpane flounder allocation would have little to no 
impact on the scallop fishery.

Revised Threshold for Scallop Accountability Measures

    Framework 56 proposes to temporarily change the threshold for 
implementing scallop fishery AMs for its allocations for GB yellowtail 
flounder and northern windowpane flounder. Currently, the scallop 
fishery is subject to AMs for these stocks if either: (1) The scallop 
fishery exceeds its sub-ACL and the total ACL is exceeded; or (2) the 
scallop fishery exceeds its sub-ACL by 50 percent or more. The proposed 
action would only implement scallop fishery AMs for GB yellowtail 
flounder and northern windowpane flounder if the scallop fishery 
exceeds its sub-ACL and the total ACL is exceeded in 2017 or 2018. This 
adjustment provides flexibility for the scallop fishery to operate in 
years when its allocations for GB yellowtail flounder and northern 
windowpane flounder are low. In the case of northern windowpane 
flounder, this adjustment could help offset any potential negative 
impacts that may result from the AM, once it is developed.
    A change in availability due to improved stock conditions could 
increase the likelihood that groundfish fishery participants would 
target GB yellowtail flounder. In order to avoid ACL overages, the 
groundfish fishery may need to limit efforts to target GB yellowtail 
flounder in 2017 or 2018 if scallop fishery catch is high. However, in 
recent years, GB yellowtail flounder catch in the groundfish fishery 
has been low, and less than 40 percent of the groundfish fishery sub-
ACL was caught in fishing years 2013 through 2015. Groundfish fishery 
catch is not expected to increase in 2017, and as a result, this action 
would not have negative economic impacts for the groundfish fishery.

[[Page 28465]]

Increase to GB Haddock Catch Limit for the Midwater Trawl Fishery

    Framework 56 proposes to increase the Atlantic herring midwater 
trawl fishery's haddock catch cap for the GB haddock stock from 1 
percent of the U.S. ABC to 1.5 percent. This increase is expected to 
provide additional opportunity to achieve optimum yield in the herring 
fishery, while still minimizing GB haddock catch in midwater trawl 
gear. The proposed increased allocation should provide better 
opportunity for the Atlantic herring fishery to avoid triggering the AM 
while taking into account GB haddock conditions and minimizing bycatch 
to the extent practicable. The AM reduces herring possession to 2,000 
lb throughout most of the GB stock area until the end of the groundfish 
fishing year.
    Overall, the measures proposed in Framework 56 are expected to have 
a positive economic effect on small entities. The changes to annual 
catch limits allow for nine additional months of fishing in the Eastern 
U.S./Canada fishing area, and generate additional groundfish gross 
revenues. This action would provide groundfish, scallop, and herring 
fishermen with additional fishing opportunities, enhance their 
operational flexibility, and increase profits.
    This action is not expected to have a significant or substantial 
effect on small entities. The effects on the regulated small entities 
identified in this analysis are expected to be positive. Under the 
proposed action, small entities would not be placed at a competitive 
disadvantage relative to large entities, and the regulations would not 
reduce the profits for any small entities. As a result, an initial 
regulatory flexibility analysis is not required, and none has been 
prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: June 19, 2017.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons stated in the preamble, 50 CFR part 648 is 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.

0
2. In Sec.  648.80, revise paragraphs (g)(1) and (g)(2)(i) to read as 
follows:


Sec.  648.80   NE Multispecies regulated mesh areas and restrictions on 
gear and methods of fishing.

* * * * *
    (g) Restrictions on gear and methods of fishing--(1) Net 
obstruction or constriction. Except as provided in paragraph (g)(5) of 
this section, a fishing vessel subject to minimum mesh size 
restrictions shall not use, or attach any device or material, 
including, but not limited to, nets, net strengtheners, ropes, lines, 
or chafing gear, on the top of a trawl net, except that one splitting 
strap and one bull rope (if present), consisting of line and rope no 
more than 3 in (7.6 cm) in diameter, may be used if such splitting 
strap and/or bull rope does not constrict, in any manner, the top of 
the trawl net. ``The top of the trawl net'' means the 50 percent of the 
net that (in a hypothetical situation) would not be in contact with the 
ocean bottom during a tow if the net were laid flat on the ocean floor. 
For the purpose of this paragraph, head ropes are not considered part 
of the top of the trawl net.
    (2) Net obstruction or constriction. (i) Except as provided in 
paragraph (g)(5) of this section, a fishing vessel may not use, or 
attach, any mesh configuration, mesh construction, or other means on or 
in the top of the net, as defined in paragraph (g)(1), subject to 
minimum mesh size restrictions, as defined in paragraph (g)(1) of this 
section, if it obstructs the meshes of the net in any manner.
* * * * *


Sec.  648.85  [Amended]

0
3. In Sec.  648.85, remove paragraph (d) and redesignate paragraph (e) 
as paragraph (d).
0
4. In Sec.  648.90:
0
a. Revise paragraphs (a)(4)(iii)(D) and (E), and paragraph 
(a)(5)(i)(D)(1);
0
b. Add paragraph (a)(5)(i)(D)(4);
0
c. Revise paragraph (a)(5)(iv).
    The additions and revisions read as follows:


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

    (a) * * *
    (4) * * *
    (iii) * * *
    (D) Haddock catch by the midwater trawl Atlantic herring fishery. 
(1) Sub-ACL values. The midwater trawl Atlantic herring fishery will be 
allocated sub-ACLs equal to 1 percent of the GOM haddock ABC, and 1.5 
percent of the GB haddock ABC (U.S. share only), pursuant to the 
restrictions in Sec.  648.86(a)(3). The sub-ACLs will be set using the 
process for specifying ABCs and ACLs described in paragraph (a)(4) of 
this section. For the purposes of these sub-ACLs, the midwater trawl 
Atlantic herring fishery includes vessels issued a Federal Atlantic 
herring permit and fishing with midwater trawl gear in Management Areas 
1A, 1B, and/or 3, as defined in Sec.  648.200(f)(1) and (3).
    (2) GB haddock sub-ACL Review. Following an assessment of the total 
GB haddock stock, the Groundfish PDT will conduct a review of the sub-
ACL and recommend to the Groundfish Committee and Council a sub-ACL for 
the midwater trawl Atlantic herring fishery of 1 and up to 2 percent of 
the GB haddock U.S. ABC. The sub-ACL review should consider factors 
including, but not limited to, groundfish fishery catch performance, 
expected groundfish fishery utilization of the GB haddock ACL, status 
of the GB haddock resource, recruitment, incoming year-class strength, 
and evaluation of the coefficient of variation of the GB haddock 
incidental catch estimates for the midwater trawl Atlantic herring 
fishery.
    (E) Windowpane flounder catch by the Atlantic sea scallop fishery. 
The Atlantic sea scallop fishery, as defined in subpart D of this part, 
will be allocated sub-ACLs equaling 21 percent of the northern 
windowpane flounder ABC and 36 percent of the southern windowpane 
flounder ABC. The sub-ACLs will be set using the process for specifying 
ABCs and ACLs described in paragraph (a)(4) of this section.
* * * * *
    (5) * * *
    (i) * * *
    (D) * * *
    (1) Windowpane flounder. Unless otherwise specified in paragraphs 
(a)(5)(i)(D)(1)(i) and (ii) of this section, if NMFS determines the 
total catch exceeds the overall ACL for either stock of windowpane 
flounder, as described in this paragraph (a)(5)(i)(D)(1), by any amount 
greater than the management uncertainty buffer up to 20 percent greater 
than the overall ACL, the applicable small AM area for the stock shall 
be implemented, as specified in paragraph (a)(5)(i)(D) of this section, 
consistent with the Administrative Procedure Act. If the overall ACL is 
exceeded by more than 20 percent, the applicable large AM areas(s) for 
the stock shall be implemented, as specified in paragraph (a)(5)(i)(D) 
of this section, consistent with the Administrative Procedure Act. The 
AM areas defined below are bounded by the following

[[Page 28466]]

coordinates, connected in the order listed by rhumb lines, unless 
otherwise noted. Vessels fishing with trawl gear in these areas may 
only use a haddock separator trawl, as specified in Sec.  
648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in Sec.  
648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in Sec.  
648.84(e); or any other gear approved consistent with the process 
defined in Sec.  648.85(b)(6). If an overage of the overall ACL for 
southern windowpane flounder is a result of an overage of the sub-ACL 
allocated to exempted fisheries pursuant to paragraph (a)(4)(iii)(F) of 
this section, the applicable AM area(s) shall be in effect for any 
trawl vessel fishing with a codend mesh size of greater than or equal 
to 5 inches (12.7 cm) in other, non-specified sub-components of the 
fishery, including, but not limited to, exempted fisheries that occur 
in Federal waters and fisheries harvesting exempted species specified 
in Sec.  648.80(b)(3). If an overage of the overall ACL for southern 
windowpane flounder is a result of an overage of the sub-ACL allocated 
to the groundfish fishery pursuant to paragraph (a)(4)(iii)(H)(2) of 
this section, the applicable AM area(s) shall be in effect for any 
limited access NE multispecies permitted vessel fishing on a NE 
multispecies DAS or sector trip. If an overage of the overall ACL for 
southern windowpane flounder is a result of overages of both the 
groundfish fishery and exempted fishery sub-ACLs, the applicable AM 
area(s) shall be in effect for both the groundfish fishery and exempted 
fisheries. If a sub-ACL for either stock of windowpane flounder is 
allocated to another fishery, consistent with the process specified at 
paragraph (a)(4) of this section, and there are AMs for that fishery, 
the groundfish fishery AM shall only be implemented if the sub-ACL 
allocated to the groundfish fishery is exceeded (i.e., the sector and 
common pool catch for a particular stock, including the common pool's 
share of any overage of the overall ACL caused by excessive catch by 
other sub-components of the fishery pursuant to paragraph (a)(5) of 
this section exceeds the common pool sub-ACL) and the overall ACL is 
also exceeded.

        Northern Windowpane Flounder and Ocean Pout Small AM Area
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      41[deg]10'      67[deg]40'
2.......................................      41[deg]10'      67[deg]20'
3.......................................      41[deg]00'      67[deg]20'
4.......................................      41[deg]00'      67[deg]00'
5.......................................      40[deg]50'      67[deg]00'
6.......................................      40[deg]50'      67[deg]40'
1.......................................      41[deg]10'      67[deg]40'
------------------------------------------------------------------------


        Northern Windowpane Flounder and Ocean Pout Large AM Area
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      42[deg]10'      67[deg]40'
2.......................................      42[deg]10'      67[deg]20'
3.......................................      41[deg]00'      67[deg]20'
4.......................................      41[deg]00'      67[deg]00'
5.......................................      40[deg]50'      67[deg]00'
6.......................................      40[deg]50'      67[deg]40'
1.......................................      42[deg]10'      67[deg]40'
------------------------------------------------------------------------


        Southern Windowpane Flounder and Ocean Pout Small AM Area
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      41[deg]10'      71[deg]30'
2.......................................      41[deg]10'      71[deg]20'
3.......................................      40[deg]50'      71[deg]20'
4.......................................      40[deg]50'      71[deg]30'
1.......................................      41[deg]10'      71[deg]30'
------------------------------------------------------------------------


    Southern Windowpane Flounder and Ocean Pout Small Large AM Area 1
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................      41[deg]10'      71[deg]50'
2.......................................      41[deg]10'      71[deg]10'
3.......................................      41[deg]00'      71[deg]10'
4.......................................      41[deg]00'      71[deg]20'
5.......................................      40[deg]50'      71[deg]20'
6.......................................      40[deg]50'      71[deg]50'
1.......................................      41[deg]10'      71[deg]50'
------------------------------------------------------------------------


       Southern Windowpane Flounder and Ocean Pout Large AM Area 2
------------------------------------------------------------------------
                  Point                     N. latitude    W. longitude
------------------------------------------------------------------------
1.......................................           (\1\)      73[deg]30'
2.......................................      40[deg]30'      73[deg]30'
3.......................................      40[deg]30'      73[deg]50'
4.......................................      40[deg]20'      73[deg]50'
5.......................................      40[deg]20'           (\2\)
6.......................................           (\3\)    73[deg]58.5'
7.......................................           (\4\)    73[deg]58.5'
8.......................................             \5\             \5\
                                            40[deg]32.6'    73[deg]56.4'
1.......................................           (\1\)      73[deg]30'
------------------------------------------------------------------------
\1\ The southernmost coastline of Long Island, NY, at 73[deg]30' W.
  longitude.
\2\ The easternmost coastline of NJ at 40[deg]20' N. latitude, then
  northward along the NJ coastline to Point 6.
\3\ The northernmost coastline of NJ at 73[deg]58.5' W. longitude.
\4\ The southernmost coastline of Long Island, NY, at 73[deg]58.5' W.
  longitude.
\5\ The approximate location of the southwest corner of the Rockaway
  Peninsula, Queens, NY, then eastward along the southernmost coastline
  of Long Island, NY (excluding South Oyster Bay), back to Point 1.

    (i) Reducing the size of an AM. If the overall northern or southern 
windowpane flounder ACL is exceeded by more than 20 percent and NMFS 
determines that: The stock is rebuilt, and the biomass criterion, as 
defined by the Council, is greater than the most recent fishing year's 
catch, then only the respective small AM may be implemented as 
described in paragraph (a)(5)(i)(D)(1) of this section, consistent with 
the Administrative Procedure Act. This provision only applies to a 
limited access NE multispecies permitted vessel fishing on a NE 
multispecies DAS or sector trip.
    (ii) Reducing the duration of an AM. If the northern or southern 
windowpane flounder AM is implemented in the third fishing year 
following the year of an overage, as described in paragraph 
(a)(5)(i)(D) of this section, and NMFS subsequently determines that the 
applicable windowpane flounder ACL was not exceeded by any amount the 
year immediately after which the overage occurred (i.e., the second 
year), on or after September 1 the AM can be removed once year-end data 
are complete. This reduced duration does not apply if NMFS determines 
during year 3 that a year 3 overage of the applicable windowpane 
flounder ACL has occurred. This provision only applies to a limited 
access NE multispecies permitted vessel fishing on a NE multispecies 
DAS or sector trip.
* * * * *
    (4) Ocean pout. Unless otherwise specified in paragraphs 
(a)(5)(i)(D)(1)(i) and (ii) of this section, if NMFS determines the 
total catch exceeds the overall ACL for ocean pout, as described in 
paragraph (a)(5)(i)(D)(1) of this section, by any amount greater than 
the management uncertainty buffer up to 20 percent greater than the 
overall ACL, the applicable small AM area for the stock shall be 
implemented, as specified in paragraph (a)(5)(i)(D) of this section, 
consistent with the Administrative Procedure Act. If the overall ACL is 
exceeded by more than 20 percent, large AM area(s) for the stock shall 
be implemented, as specified in paragraph (a)(5)(i)(D) of this section, 
consistent with the Administrative Procedure Act. The AM areas for 
ocean pout are defined in paragraph (a)(5)(i)(D)(1) of this section, 
connected in the order listed by rhumb lines, unless otherwise noted. 
Vessels fishing with trawl gear in these areas may only use a haddock 
separator trawl, as specified in

[[Page 28467]]

Sec.  648.85(a)(3)(iii)(A); a Ruhle trawl, as specified in Sec.  
648.85(b)(6)(iv)(J)(3); a rope separator trawl, as specified in Sec.  
648.84(e); or any other gear approved consistent with the process 
defined in Sec.  648.85(b)(6).
* * * * *
    (iv) AMs if the sub-ACL for the Atlantic sea scallop fishery is 
exceeded. At the end of the scallop fishing year, NMFS will evaluate 
whether Atlantic sea scallop fishery catch exceeded the sub-ACLs for 
any groundfish stocks allocated to the scallop fishery. On January 15, 
or when information is available to make an accurate projection, NMFS 
will also determine whether total catch exceeded the overall ACL for 
each stock allocated to the scallop fishery. When evaluating whether 
total catch exceeded the overall ACL, NMFS will add the maximum 
carryover available to sectors, as specified at Sec.  
648.87(b)(1)(i)(C), to the estimate of total catch for the pertinent 
stock.
    (A) Threshold for implementing the Atlantic sea scallop fishery 
AMs. If scallop fishery catch exceeds the scallop fishery sub-ACLs for 
any groundfish stocks in paragraph (a)(4) of this section by 50 percent 
or more, or if scallop fishery catch exceeds the scallop fishery sub-
ACL by any amount and total catch exceeds the overall ACL for a given 
stock, then the applicable scallop fishery AM will take effect, as 
specified in Sec.  648.64 of the Atlantic sea scallop regulations.
    (B) 2017 and 2018 fishing year threshold for implementing the 
Atlantic sea scallop fishery AMs for GB yellowtail flounder and 
Northern windowpane flounder. For the 2017 and 2018 fishing years only, 
if scallop fishery catch exceeds either GB yellowtail flounder or 
northern windowpane flounder sub-ACLs specified in paragraph (a)(4) of 
this section, and total catch exceeds the overall ACL for that stock, 
then the applicable scallop fishery AM will take effect, as specified 
in Sec.  648.64 of the Atlantic sea scallop regulations. For the 2019 
fishing year and onward, the threshold for implementing scallop fishery 
AMs for GB yellowtail flounder and northern windowpane flounder will 
return to that listed in paragraph (a)(5)(iv)(A) of this section.
* * * * *


Sec.  Sec.  648.86, 648.90, and 648.201  [Amended]

0
5. In the table below, for each section in the left column, remove the 
text from whenever it appears throughout the section and add the text 
indicated in the right column.

----------------------------------------------------------------------------------------------------------------
                 Section                            Remove                        Add                Frequency
----------------------------------------------------------------------------------------------------------------
Sec.   648.86(a)(3)(ii)(A)(1)...........  Sec.   648.85(d)..........  Sec.                                     1
                                                                       648.90(a)(4)(iii)(D).
Sec.   648.86(a)(4).....................  Sec.   648.85(d)..........  Sec.                                     1
                                                                       648.90(a)(4)(iii)(D).
Sec.   648.90(a)(5)(iii)................  Sec.   648.85(d)..........  Sec.                                     1
                                                                       648.90(a)(4)(iii)(D).
Sec.   648.201(a)(2)....................  Sec.   648.85(d)..........  Sec.                                     1
                                                                       648.90(a)(4)(iii)(D).
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2017-13050 Filed 6-21-17; 8:45 am]
BILLING CODE 3510-22-P