[Federal Register Volume 82, Number 146 (Tuesday, August 1, 2017)]
[Rules and Regulations]
[Pages 35660-35686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16133]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 170104014-7683-02]
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: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action partially approves and implements Framework 
Adjustment 56 to the Northeast Multispecies Fishery Management Plan. 
This rule sets catch limits for 4 of the 20 groundfish stocks, adjusts 
several allocations and accountability measures for groundfish catch in 
groundfish and non-groundfish fisheries, and makes other administrative 
changes to groundfish management measures. This action is

[[Page 35661]]

necessary to respond to updated scientific information and achieve the 
goals and objectives of the Fishery Management Plan. The final 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: Effective on August 1, 2017.

ADDRESSES: Copies of Framework Adjustment 56, including the 
Environmental Assessment and the Regulatory Impact Review 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.

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

SUPPLEMENTARY INFORMATION:

Table of Contents

1. Summary of Approved Measures
2. Disapproved Measure--Status Determination Criteria for Witch 
Flounder
3. Fishing Year 2017 Shared U.S./Canada Quotas
4. Catch Limits for Fishing Years 2017-2019
5. Allocation of Northern Windowpane Flounder to the Scallop Fishery
6. Revised Trigger for Scallop Accountability Measures
7. Increase to Georges Bank Haddock Allocation for the Midwater 
Trawl Fishery
8. Sector Measures for Fishing Year 2017
9. Fishing Year 2017 Annual Measures Under Regional Administrator 
Authority
10. Notice of Fishing Year 2017 Northern and Southern Windowpane 
Flounder Accountability Measures
11. Regulatory Corrections Under Regional Administrator Authority

1. Summary of Approved Measures

    This action partially approves the management measures in Framework 
Adjustment 56 to the Northeast Multispecies Fishery Management Plan 
(FMP). The measures implemented in this final rule include:
     2017 quotas for three shared U.S./Canada stocks (Eastern 
Georges Bank (GB) cod, Eastern GB haddock, and GB yellowtail flounder);
     2017-2019 catch limits for witch flounder;
     An allocation of northern windowpane flounder for the 
scallop fishery;
     A revised trigger for the scallop fishery's accountability 
measures for GB yellowtail flounder and northern windowpane flounder; 
and
     An increase in the GB haddock allocation for the midwater 
trawl fishery.
    This action also implements a number of other measures that are not 
part of Framework 56, but that were considered under Regional 
Administrator authority included in the Northeast Multispecies FMP. We 
are including these measures in Framework 56 for expediency purposes, 
and because these measures are related to the catch limits implemented 
in Framework 56. The additional measures implemented in this action are 
listed below.
     Management measures necessary to implement sector 
operations plans--This action revises annual catch entitlements for 19 
sectors for fishing year 2017 based on the catch limits in Framework 56 
and final fishing year 2017 sector rosters.
     Management measures for the common pool fishery--This 
action adjusts the fishing year 2017 trip limits for witch flounder and 
American plaice for the common pool fishery, consistent with the final 
2017 catch limit for witch flounder in Framework 56.
     2017 accountability measures for windowpane flounder--This 
action announces accountability measures (AMs) for northern and 
southern windowpane flounder that are triggered due to overages of 
fishing year 2015 catch limits for both stocks. The large AM areas for 
both northern and southern windowpane flounder will be in effect for 
groundfish trawl vessels from August 1, 2017, through August 31, 2017. 
The large AM areas for southern windowpane flounder will be in effect 
for non-groundfish trawl vessels fishing with a codend mesh size of 5 
inches (12.7 cm) and greater until April 30, 2018, unless we remove the 
AM for these vessels through a subsequent action.

2. Disapproved Measure--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 results 
are discussed in detail in the proposed rule for this action, and are 
not repeated here. In summary, the peer review panel rejected the 2016 
benchmark assessment model for witch flounder, and recommended that 
neither the 2016 benchmark assessment, nor the previous 2008 benchmark 
assessment, should be used as a basis for determining witch flounder 
stock status. Given the lack of an assessment model, the peer review 
panel recommended an alternative approach to generate catch advice that 
uses swept-area biomass estimates generated from the NMFS Trawl 
Surveys. The panel did not have sufficient time to fully review the 
swept-area biomass approach in the context of the assessment terms of 
reference, which include the update or redefinition of status 
determination criteria (SDCs) or proxies.
    We approved the existing SDCs 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 2008 Groundfish Assessment Review Meeting (GARM 
III), and is the same as the SDCs currently in place for most of the 
groundfish 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. The National Standard Guidelines require each FMP to specify 
objective and measurable SDCs that enable us to monitor stock status. 
When data are unavailable to specify SDCs based on maximum sustainable 
yield (MSY) or MSY proxies, the Council and NMFS may use alternative 
approaches to monitor stock status. As a result, we are disapproving 
the Council's proposal to change the SDCs to unknown. In the absence of 
new alternative SDCs following the 2016 benchmark assessment, we intend 
to maintain the existing criteria until we and the Council are able to 
generate SDCs based on the swept-area biomass approach or any other 
alternative approaches. We acknowledge that the existing SDCs are based 
on a now rejected stock assessment model and recognize that it is 
critical to work to replace the SDCs.

[[Page 35662]]

    There is currently a rebuilding plan in place for witch flounder 
that has an end date of 2017. 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 anticipated 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. 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, when 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 2017 Shared U.S./Canada Quotas

Management of Transboundary Georges Bank Stocks

    As described in the proposed rule, eastern GB cod, eastern GB 
haddock, and GB yellowtail flounder are jointly managed with Canada 
under the United States/Canada Resource Sharing Understanding. This 
action adopts shared U.S./Canada quotas for these stocks for fishing 
year 2017 based on 2016 assessments and the recommendations of the 
Transboundary Management Guidance Committee (TMGC) (Table 1). 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.

 Table 1--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 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 for Fishing Years 2017-2019

Summary of the Catch Limits

    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 are set annually. This rule adopts 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 adopts 2017 shared U.S./Canada quotas 
(see section ``3. Fishing Year 2017 Shared U.S./Canada Quotas''). With 
the exception of GB cod, GB haddock, GB yellowtail flounder, and witch 
flounder, the catch limits included in this action are the same as or 
similar 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 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. The catch limits 
implemented in this action, including overfishing limits (OFLs), 
acceptable biological catches (ABCs), and annual catch limits (ACLs), 
can be found in Tables 2 through 9. A summary of how these catch limits 
were developed, including the distribution to the various fishery 
components, was provided in the proposed rule and in Appendix II of the 
Environmental Assessment for Framework 56, and is not repeated here. 
The sector and common pool sub-ACLs implemented in this action are 
based on fishing year 2017 potential sector contributions (PSCs) and 
final fishing year 2017 sector rosters. Sector-specific allocations are 
in section ``8. Sector Measures for Fishing Year 2017.''
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 Special Access Program (SAP) is 
controlled by an overall Total Allowable Catch (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 
GB Haddock TAC for this SAP is 10,709 mt for the 2017 fishing year. 
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.

[[Page 35663]]



                                  Table 2--Fishing Years 2017-2019 Overfishing Limits and Acceptable Biological Catches
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                     2017                                        2018                                2019
            Stock            ---------------------------------------------------------------------------------------------------------------------------
                                      OFL            Total ABC       U.S. ABC             OFL            U.S. ABC             OFL            U.S. ABC
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod......................  1,665.............           1,249             665  1,665.............           1,249
GOM Cod.....................  667...............             500             500  667...............             500
GB Haddock..................  258,691...........          77,898          57,398  358,077...........          77,898
GOM Haddock.................  5,873.............           4,534           4,534  6,218.............           4,815
GB Yellowtail Flounder......  Unknown...........             300             207  Unknown...........             354
SNE/MA Yellowtail Flounder..  Unknown...........             267             267  Unknown...........             267
CC/GOM Yellowtail Flounder..  707...............             427             427  900...............             427
American Plaice.............  1,748.............           1,336           1,336  1,840.............           1,404
Witch Flounder..............  Unknown...........             878             878  Unknown...........             878  Unknown...........             878
GB Winter Flounder..........  1,056.............             755             702  1,459.............             702
GOM Winter Flounder.........  1,080.............             810             810  1,080.............             810
SNE/MA Winter Flounder......  1,021.............             780             780  1,587.............             780
Redfish.....................  14,665............          11,050          11,050  15,260............          11,501
White Hake..................  4,816.............           3,686           3,644  4,733.............           3,580
Pollock.....................  32,004............          21,312          21,312  34,745............          21,312
N. Windowpane Flounder......  243...............             182             182  243...............             182
S. Windowpane Flounder......  833...............             623             623  833...............             623
Ocean Pout..................  220...............             165             165  220...............             165
Atlantic Halibut............  210...............             158             124  210...............             124
Atlantic Wolffish...........  110...............              82              82  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.


                                                         Table 3--Fishing Year 2017 Catch Limits
                                                                    [mt, live weight]
   [Catch limits are implemented for GB cod, GB haddock, GB yellowtail, and witch flounder. Sub-ACL adjustments are implemented 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               Small-      State
               Stock                Total ACL  groundfish    Sector     Common   Recreational    trawl     Scallop      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
--------------------------------------------------------------------------------------------------------------------------------------------------------


                                                         Table 4--Fishing Year 2018 Catch Limits
                                                                    [mt, live weight]
   [Catch limits are implemented for GB cod, GB haddock, GB yellowtail, and witch flounder. Sub-ACL adjustments are implemented 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               Small-      State
               Stock                Total ACL  groundfish    Sector     Common   Recreational    trawl     Scallop      mesh    waters sub-   Other sub-
                                                 fishery                 pool       fishery     fishery    fishery   fisheries   component    component
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod............................      1,197         997        978         18  ............  .........  .........  .........           37          162

[[Page 35664]]

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


                                     Table 6--Fishing Years 2017-2019 Common Pool Trimester Total Allowable Catches
                                                                    [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--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
SNE/MA Winter Flounder..........................               1            0.70            0.70  ..............
----------------------------------------------------------------------------------------------------------------


[[Page 35665]]


           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  ..............  ................
----------------------------------------------------------------------------------------------------------------
DAS = Days-at-Sea


                               Table 9--Fishing Years 2017-2019 Incidental Catch TACs for Each Special Management Program
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Regular B DAS  program     Closed Area I hook gear haddock  Eastern U.S./Canada 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

    This action establishes 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 scallop fishery catch of northern windowpane 
flounder 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 catch limits are set.
    Outside of the groundfish fishery, the scallop fishery is the other 
major contributor to northern windowpane flounder catch. Adopting an 
allocation and corresponding AM for the scallop fishery is intended to 
create accountability for a fishery that is responsible for a 
substantial share of catch or an overage if one occurs. 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 measure also ensures that catch from one fishery does not 
negatively affect another fishery.
    This action does not include scallop fishery AMs for the northern 
windowpane flounder sub-ACL. Consistent with other scallop allocations, 
the Council is developing and will adopt scallop fishery AMs for this 
sub-ACL in Framework 28 to the Atlantic Sea Scallop FMP that is 
intended to be implemented for the 2018 fishing year. If there is an 
overage in the 2017 scallop fishery northern windowpane flounder sub-
ACL, that overage would be subject to the AM. For any ACL overages that 
occur in 2017 and beyond, 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 2017 sub-ACL implemented in this action is 
lower than recent scallop fishery catches of northern windowpane 
flounder. As a result, this action also implements an AM trigger for 
this stock to mitigate potential impacts of a scallop fishery AM in 
years when the sub-ACL is low (see section ``6. Revised Trigger for 
Scallop Accountability Measures'').

6. Revised Trigger for Scallop Accountability Measures

    The scallop fishery has sub-ACLs for GB yellowtail flounder, SNE/MA 
yellowtail flounder, southern windowpane flounder, and northern 
windowpane flounder. 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) adopted a policy 
that 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 and help achieve optimum yield.
    This final rule implements a temporary change to the trigger for 
the scallop fishery AMs for GB yellowtail flounder and northern 
windowpane flounder. For fishing years 2017 and 2018, the AMs will only 
be implemented if scallop fishery catch exceeds its sub-ACL by any 
amount and the total ACL is also exceeded. The AM trigger remains 
unchanged for SNE/MA yellowtail flounder and southern windowpane 
flounder. The adjustment

[[Page 35666]]

in the trigger thresholds 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. Beginning in fishing year 2019, the 
standard policy for scallop fishery AM implementation will apply.

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

    This action increases the Atlantic herring midwater trawl fishery's 
GB haddock catch cap from 1 percent of the U.S. ABC to 1.5 percent. 
This adjustment is intended to achieve optimum yield for the herring 
fishery while minimizing bycatch of haddock to the extent practicable. 
The low percentage maintains the incentive to avoid haddock while not 
constraining the groundfish fishery. As in the past, the herring 
fishery's midwater trawl sub-ACL will 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.
    Framework 56 also establishes 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) will 
review factors including, but not limited to, groundfish fishery catch 
performance, ACL 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 will determine whether 
changes to the GB haddock midwater trawl sub-ACL are 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 updates 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. We previously 
approved 2017 and 2018 sector operations plans, as well as sector 
regulatory exemptions, in an interim final rule that became effective 
on May 1, 2017 (82 FR 19618; April 28, 2017).

Sector Allocations

    The sector allocations in this final rule are based on the fishing 
year 2017 specifications described above under ``4. Catch Limits for 
Fishing Years 2017-2019'' and final 2017 sector rosters (see Tables 10 
through 12). A sector's allocation is calculated by summing its 
members' PSC for a stock and applying this cumulative PSC to the 
commercial sub-ACL.
    An individual permit is assigned a PSC for GB cod and haddock, but 
is not assigned a separate PSC for the Eastern GB cod or Eastern GB 
haddock management units. Each sector's GB cod and GB haddock 
allocations are divided into an Eastern and Western ACE component, 
based on the sector's percentage of the GB cod and GB haddock ACLs. For 
example, if a sector is allocated 4 percent of the GB cod commercial 
sub-ACL and 6 percent of the GB haddock commercial sub-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 allocations. 
Sectors can ``convert'' their Eastern GB cod and haddock allocations 
into Western allocation that can be fished in Western GB. Western GB 
allocations cannot be converted to Eastern allocations.
BILLING CODE 3501-22-P

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Sector Carryover From Fishing Year 2016 to Fishing Year 2017

    We completed 2016 fishing year data reconciliation with sectors and 
determined final 2016 fishing year sector catch and the amount of 
allocation that sectors may carry over from the 2016 to the 2017 
fishing year. Table 13 includes the maximum amount of allocation that 
sectors may carry over from the 2016 to the 2017 fishing year. With the 
exception of GB yellowtail flounder, a sector may carry over up to 10 
percent of unused ACE for each stock from the end of 2016 to 2017, but 
may not exceed the ABC for each stock. The unused ACE that is carried 
over is adjusted down when necessary to ensure the combined carryover 
of unused ACE and the sector sub-ACL do not exceed each stock's ABC. 
This is the sector's available carryover for fishing year 2017.
    Table 14 includes the de minimis amount of carryover for each 
sector for the 2017 fishing year that is used to determine when 
accountability measures are required. If the overall ACL for any 
allocated stock is exceeded for the 2017 fishing year, any available 
carryover harvested by a sector, minus the sector's de minimis amount, 
will be counted against its allocation to determine whether an overage 
subject to an accountability measure occurred. Tables 15 and 16 list 
the final ACE available to sectors for the 2017 fishing year, including 
final carryover amounts for each sector, as adjusted down when 
necessary to equal each stock's ABC.

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BILLING CODE 3510-22-C

9. Fishing Year 2017 Annual Measures Under Regional Administrator 
Authority

    Northeast Multispecies FMP regulations give 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 action implements a 
number of these management measures for fishing year 2017. These 
measures are not part of Framework 56, and were not specifically 
proposed by the Council. We are implementing them in conjunction with 
Framework 56 measures in this action for efficiency purposes, and 
because they relate to the catch limits considered in Framework 56.

Witch Flounder and American Plaice Common Pool Trip Limits

    As discussed above in section ``4. Catch Limits for Fishing Years 
2017-2019,'' this action implements an increase to the witch flounder 
ABC for fishing year 2017. We are adjusting the common pool trip limits 
for witch flounder and American plaice in response to this increase, 
after considering changes to the common pool sub-ACLs and sector 
rosters from 2016 to 2017, trimester TACs for 2017, catch rates of 
witch flounder and American plaice from previous years, and other 
available information. Table 17 details the witch flounder for fishing 
year 2017 implemented. The common pool trip limits for all other 
groundfish stocks remain the same as those implemented on May 1, 2017, 
and are described in the information sheet available here: https://www.greateratlantic.fisheries.noaa.gov/regs/infodocs/multipossessionlimits.pdf.

                             Table 17--Common Pool Trip Limits for Fishing Year 2017
----------------------------------------------------------------------------------------------------------------
                  Stock                       Current 2017 trip limit              New 2017 trip limit
----------------------------------------------------------------------------------------------------------------
Witch Flounder...........................  150 lb (68 kg)/trip.........  400 lb (181 kg)/trip.
American Plaice..........................  1,000 lb (454 kg)/trip......  500 lb (227 kg)/trip.
----------------------------------------------------------------------------------------------------------------

Closed Area II Yellowtail Flounder/Haddock Special Access Program

    This action allocates zero trips for common pool vessels to target 
yellowtail flounder within the Closed Area II Yellowtail Flounder/
Haddock SAP for fishing year 2017. Common pool vessels can 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 are not 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 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. Notice of Fishing Year 2017 Northern and Southern Windowpane 
Flounder Accountability Measures

    Catch exceeded the total ACLs for both northern and southern 
windowpane flounder by more than 20 percent in fishing year 2015. If 
catch exceeds the ACL for either windowpane stock by more than 20 
percent, we are required to implement the large AM area restrictions 
for each stock. The AM area restrictions require certain vessels to use 
approved selective gear types that reduce flatfish catch inside the AM 
areas during the 2017 fishing year. An overview of the windowpane AM is 
available here: https://www.greateratlantic.fisheries.noaa.gov/regs/infodocs/windowpaneaminfosheet.pdf.
    This final rule announces the implementation timeline for the 2017 
northern and southern windowpane flounder AMs. In developing this 
timeline, we considered updated 2016 catch information for both 
windowpane flounder stocks, correspondence from the New England and 
Mid-Atlantic Councils prior to the proposed rule, and public comments 
on the proposed rule.

Northern Windowpane Flounder

    Fishing year 2015 catch exceeded the total ACL for northern 
windowpane flounder by 36 percent. Because catch exceeded the ACL by 
more than 20 percent, the large northern windowpane flounder AM area 
(Figure 1) will take effect for all groundfish trawl vessels on August 
1, 2017. Common pool and sector vessels fishing on a groundfish trip 
with trawl gear are required to use one of the approved selective gears 
when fishing inside the AM area (haddock separator trawl, Ruhle trawl, 
or rope separator trawl). Sectors cannot request an exemption from 
these AMs. There are no restrictions on common pool or sector vessels 
fishing with longline or gillnet gear.
    Our preliminary estimates indicate that 85 mt of northern 
windowpane flounder was caught during the 2016 fishing year, which is 
48 percent of the total 2016 ACL (177 mt) (Table 18). The regulations 
allow us to remove the northern windowpane flounder AM early if we 
determine that northern windowpane flounder catch remained below the 
ACL in the year immediately following an overage. This means that if we 
have implemented an AM in year 3 (2017) due to an overage in year 1 
(2015), we can remove the AM if we determine that catch did not exceed 
the ACL in year 2 (2016). We do not typically finalize year-end data 
until several months into the fishing year, so the existing regulations 
only permit us to remove the AM on or after September 1. Thus, although 
we must implement the northern windowpane AM area on August 1, 2017, it 
will only be effective through August 31, 2017, because 2016 catch was 
below the ACL. Beginning on September 1, groundfish vessels will no 
longer be required to use approved selective gears when fishing inside 
the northern windowpane flounder AM area. We encourage vessels to 
continue to limit northern windowpane flounder catch during the 2017 
fishing year, as an overage in 2017 would result in an AM in a future 
fishing year.

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Southern Windowpane Flounder

    Total 2015 catch exceeded the total ACL for southern windowpane 
flounder by more than 20 percent. Because the groundfish fishery, the 
scallop fishery, and the other non-groundfish fisheries all exceeded 
their respective sub-ACLs and catch exceeded the overall ACL by more 
than 20 percent, the large southern windowpane flounder AM areas 
(Figure 1) will take effect for all groundfish trawl vessels, and for 
non-groundfish trawl vessels fishing with a codend mesh size of 5 
inches (12 cm) or greater on August 1, 2017. Common pool and sector 
vessels fishing on a groundfish trip with trawl gear, and non-
groundfish trawl vessels fishing with a codend mesh size of 5 inches 
(12 cm) or greater, are required to use one of the approved selective 
gears when fishing inside the AM areas. Sectors cannot request an 
exemption from these AMs. There are no restrictions on common pool or 
sector vessels fishing with longline or gillnet gear. The scallop 
fishery AM will go into place for the entire month of February 2018. 
The AM requires additional restrictions for dredge gear in the area 
west of 71[deg] W. longitude, excluding the Mid-Atlantic scallop access 
areas.
    Our preliminary estimates indicate that 495 mt of southern 
windowpane flounder was caught during the 2016 fishing year, which is 
82 percent of the total 2016 ACL (599 mt) (Table 18). As noted above 
for northern windowpane flounder, the regulations allow us to remove a 
windowpane AM early if we determine that catch remained below the ACL 
in the year immediately following an overage. We implemented the 
provision that allows us to reduce the duration of the AM under 
Framework 52 (80 FR 2021; January 15, 2015). The New England Council 
developed this provision, and another provision to reduce the size of 
the windowpane AMs, explicitly to mitigate the economic impacts of the 
windowpane flounder AMs and increase fishing opportunities for the 
groundfish fishery, while still preventing overfishing. Although the 
Framework 52 provisions to reduce the size and duration of the southern 
windowpane flounder AMs were not intended to apply to non-groundfish 
trawl vessels or the scallop fishery, the regulatory text for these 
provisions was ambiguous, and did not specifically state that the 
options to reduce the size or duration of the southern windowpane 
flounder AMs should only apply to the groundfish fishery. Based on 
correspondence with the New England Council prior to the Framework 56 
proposed rule, we included a regulatory text correction in the 
Framework 56 proposed rule and in this final rule to clarify that these 
provisions only applied to the groundfish fishery. However, both the 
New England and Mid-Atlantic Fishery Management Councils requested that 
we use any and all remediation methods available to remove or modify 
the southern windowpane accountability measures for fishing year 2017. 
In support of their requests, the Councils pointed to the rebuilt 
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. These requests, and the 
expected biological and economic implications of the large southern 
windowpane AM area, are discussed in the proposed rule.
    The southern windowpane flounder AM areas will be effective until 
August 31, 2017, for all groundfish trawl vessels. However, we are not 
able to remove the southern windowpane AM areas for large-mesh non-
groundfish vessels based on the existing regulations. We are 
considering an emergency rule to extend the Framework 52 provision to 
remove the AM areas for the large-mesh non-groundfish vessels as close 
to September 1, 2017, as possible. Beginning on September 1, 2017, 
groundfish trawl vessels will no longer be required to use approved 
selective gears when fishing inside the AM areas. We encourage vessels 
to continue to limit southern windowpane flounder catch during the 2017 
fishing year, as an overage in 2017 would still result in an AM for a 
future fishing year. At its June 2017 meeting, the New England Council 
recommended analyzing revisions to the large-mesh non-groundfish 
fishery AMs in Framework 57 to the Northeast Multispecies FMP, which 
has an intended implementation date of May 1, 2018. The Mid-Atlantic 
Council has offered analytic support for potential revisions. The 
revisions may include the extension of the Framework 52 provisions to 
reduce the size or duration of the southern windowpane flounder AM 
areas to large-mesh non-groundfish fisheries, or other modifications to 
the size, location, duration, or trigger for the windowpane flounder 
AMs. We will work with the Councils to ensure that revisions to the 
windowpane AMs maintain conservation benefits to the windowpane 
flounder stocks while still allowing the affected fisheries to achieve 
optimum yield.

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11. Regulatory Corrections Under Regional Administrator Authority

    The following changes are being made using Magnuson-Stevens Act 
section 305(d) authority to clarify regulatory intent, correct 
references, inadvertent deletions, and other minor errors.
    This rule clarifies the regulatory text regarding net obstruction 
or constriction in Sec.  648.80 to improve enforceability.
    This rule removes 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 rule removes the references to Sec.  648.85(d) throughout the 
regulations, and replaces them with the reference to the haddock mid-
water trawl sub-ACLs.
    This rule clarifies the regulatory text that describes the 
windowpane flounder and ocean pout accountability measures in Sec.  
648.90.
Comments and Responses on Measures Proposed in the Framework 56 
Proposed Rule
    We received nine comments during the comment period on the 
Framework 56 proposed rule, which included comments on the windowpane 
flounder AMs that were described in conjunction with the proposed 
Framework 56 measures. Public comments were submitted by the New 
England Council, the Mid-Atlantic Council, two commercial fishing 
organizations (the Northeast Seafood Coalition (NSC) and the Maine 
Coast Fishermen's Association (MCFA)), one commercial fisherman, and 
four individuals. Responses to the comments received are below, and, 
when possible, responses to similar comments on the proposed measures 
have been consolidated.
Witch Flounder Status Determination Criteria
    Comment 1: A private citizen supported disapproval of the New 
England Council's proposed status determination criteria for witch 
flounder. The commenter noted that it is problematic to have no 
objective criteria to measure stock status, and questioned whether, in 
the absence of criteria, the fishing industry could rewrite the 
standards to favor overfishing.
    Response: We are disapproving the New England Council's proposed 
status determination criteria for witch flounder because the Magnuson-
Stevens Act requires us to maintain these criteria. The National 
Standard Guidelines require each FMP to specify objective and 
measurable status determination criteria that enable us to monitor 
stock status. When data are

[[Page 35678]]

unavailable to specify status determination criteria based on maximum 
sustainable yield (MSY) or MSY proxies, the Council and NMFS may use 
alternative approaches to monitor stock status that ensure 
sustainability. In the absence of alternative SDCs, we intend to 
maintain the existing criteria until we and the Council are able to 
generate SDCs based on the empirical swept-area biomass approach or 
alternative approaches.
    The commenter's suggestion that the fishing industry could rewrite 
the standards to favor overfishing is unclear. We and the Council work 
together to set objective standards, or status determination criteria, 
to determine whether overfishing is occurring. These criteria are 
developed and implemented through management actions that formally 
incorporate the criteria in the FMP, and it is not possible for 
external parties to set their own, or different, criteria for 
determining stock status.
    Comment 2: The New England Council and NSC opposed disapproval of 
the Council's proposed status determination criteria of unknown. The 
Council expressed concern that maintaining the status determination 
criteria from the 2008 assessment ignores nearly a decade of catch and 
survey data, and should not be considered the best scientific 
information available. The Council notes that its recommendation is 
based on advice from the peer review panel and the SSC, and that we did 
not provide justification for rejecting the conclusions of these 
scientific groups. Finally, the Council noted that it is not possible 
to develop status determination criteria for witch flounder as part of 
the 2017 groundfish operational assessments, as this type of analysis 
is outside of the terms of reference for this assessment, and is 
usually reserved for benchmark assessments or the research track.
    In its comment, the NSC questioned our interpretation that the 
Council intended to change the Amendment 16 status determination 
criteria. The NSC explained that the Council's recommended stock status 
is ``unknown'' not because there are no measurable and objective 
criteria, but because there are currently no numerical estimates of 
fishing mortality or relative biomass to these reference points.
    Response: As described earlier in this preamble, we are 
disapproving the Council's proposed change to the existing status 
determination criteria. In the absence of new status determination 
criteria from the 2016 witch flounder benchmark assessment, this action 
maintains the existing status determination criteria. However, because 
a stock assessment model is lacking, it is not possible to calculate 
numerical estimates of these criteria.
    We are maintaining the witch flounder SDCs put in place in 
Amendment 16, until the criteria can be replaced by suitable SDCs, or 
reference points from a model-based assessment. The rejection of the 
assessment models left insufficient time to fully develop replacement 
SDCs or proxies in this action. As discussed in the assessment summary 
report, the witch flounder age-structured model assessments, while 
scientifically well thought out, had issues that led the peer review 
panel to conclude that they should not be used for management or stock 
status determination purposes. The assessment working group developed 
the swept-area biomass approach as part of its deliberations, and the 
peer review panel ultimately recommended that alternative approach for 
catch advice. The peer review panel focused the majority of its review 
on the age-structured models for witch flounder. The panel did not have 
time to fully review the swept-area biomass approach under the 
assessment terms of reference, which include the update or redefinition 
of status determination criteria or proxies.
    We agree with the Council that we cannot establish new SDCs for 
witch flounder as part of the 2017 Groundfish Operational Assessments. 
Developing SDCs is a lengthy process best addressed as part of a 
benchmark assessment, or as part of a peer review process outside of 
the assessment cycle dedicated specifically to developing SDCs. We 
recognize that developing new SDCs for witch flounder may also be 
challenging because there is no longer an analytical stock assessment 
model to provide historical estimates of biomass, fishing mortality 
rates, or recruitment. There are unlikely to be benchmark assessments 
for the suite of groundfish stocks that now have either unknown or 
inappropriate SDCs. Given this, we will work with the Council to 
develop a plan for establishing new SDCs, including consideration of 
establishing simple SDCs, for example, an annual comparison of catch to 
the OFL to determine if overfishing is occurring.
    Following the 2017 operational assessment updates, we will work 
with the Council to consider a standard protocol to apply in similar 
situations. For example, the FMP could specify that alternative, 
simplified criteria would automatically take the place of the model-
based SDCs if groundfish assessments fail in the future, but would be 
replaced by model-based or other appropriate SDCs whenever they are 
available.
    The NSC is incorrect regarding the Council's intent for changing 
the status determination criteria in Framework 56. The Environmental 
Assessment for Framework 56 describes that the preferred alternative 
would remove the existing status determination criteria, namely, F at 
40 percent of maximum spawning potential, or the maximum fishing 
mortality threshold (MFMT), and \1/2\ the target biomass associated 
with F at maximum spawning potential, or minimum stock size threshold 
(MSST). The criteria, and associated numerical estimates from the 
criteria, would instead be listed as unknown.
    Comment 3: The New England Council commented that the witch 
flounder ABC should be a proxy for the OFL and provides one objective 
measure for stock status.
    Response: In a January 13, 2017, memo to the SSC, the Groundfish 
PDT presented a number of candidate OFLs based on applying a range of 
exploitation rates in the swept-area biomass approach. However, the SSC 
recommended that the OFL was unknown, and determined that the result 
presented from swept-area biomass approach was appropriate as an ABC. 
The New England Council adopted the SSC's recommendation, and included 
an OFL of ``unknown'' in the final Framework 56 document submitted to 
us. If the Council intended for NMFS to use the ABC as a proxy for the 
OFL, it could have set the OFL at 878 mt, similar to the PDT 
recommendation, and then applied the Northeast Multispecies FMP's ABC 
control rule to derive a more conservative ABC.
    The ABC cannot be an official proxy for the OFL. Nonetheless, as 
the Council suggests, in the absence of a specific OFL, the ABC and ACL 
can provide some measure to ensure that overfishing does not occur. An 
OFL represents the highest level of catch that will not result in 
overfishing for a given year. Despite the absence of a specific OFL in 
this action, there is still a level of fishing mortality between the 
exploitable stock biomass level estimate (roughly 14,500 mt) and the 
specified ABC level (878 mt) generated in the swept-area biomass 
approach, that represents the OFL. As noted below, the consistency of 
this ABC with past ABCs for this stock, along with the relatively 
conservative exploitation rate that the peer review panel and SSC 
selected to derive the ABC, support our approval of the ABC

[[Page 35679]]

recommendation and a temporarily unknown OFL for witch flounder and 
determination that it should provide sufficient protection to stock 
biomass in the near term.
    The recommended ABC is based on a recent period of relatively 
stable, yet low, biomass from 2005 to the present. The 878-mt ABC is 
similar to witch flounder ABCs (and corresponding OFLs) set during this 
period of stability (2010 ABC = 944 mt; 2013-2015 ABC = 783 mt). In 
each of these years, total witch flounder catch was below the ACL. 
Based on the swept-area biomass approach, catch limits in this range 
appear to have maintained stock biomass throughout this recent period. 
In the temporary absence of an OFL, given recent catch data and 
estimated trends in stock biomass, we have determined that this ABC is 
a sufficient to prevent overfishing consistent with the National 
Standard 1 guidelines.
    Comment 4: Though it was not the subject of this rulemaking, the 
NSC, the New England Council, and one private citizen opposed our 
updated stock status determination for witch flounder (to maintain its 
overfished status and that its overfishing status is unknown). The NSC 
and the New England Council supported a witch flounder stock status of 
unknown for both overfished and overfishing, as recommended by the peer 
review panel of the 2016 witch flounder benchmark assessment. Both 
commented that NMFS provided no meaningful analysis, measurable or 
objective application of qualitative information, or legally relevant 
values for target stock biomass levels to make an overfished 
determination for witch flounder. The New England Council pointed to 
our characterization of witch flounder stock biomass in the proposed 
rule (``. . . the stock is at historical low levels. '') as a 
misquotation of the benchmark assessment report (``. . . low historical 
levels . . .''), and noted that this changes the meaning of the 
discussion in the benchmark assessment. The Council noted that the 
assessment report indicates that while the survey biomass is low, 
survey biomass was lower in the early 1990s, and has shown some 
improvement in recent years. Finally, the private citizen expressed 
general confusion about stock status determinations, and questioned how 
we could determine that the overfishing status was unknown if we 
determined that the stock was overfished.
    Response: Our determinations for overfished and overfishing status 
are separate from this action, and are based on definitions in the 
National Standard 1 guidelines. An overfished determination relates to 
stock biomass, and means that the population size is too small, while 
an overfishing determination relates to the rate of fish removal from a 
stock, and means that the annual rate of catch is too high. After 
taking into account the best scientific information available, NMFS 
makes the final determination of stock status, and is not bound by the 
recommendation of the peer review panel or the SSC. NMFS reviews and 
makes these determinations annually as part of its requirements to 
report on the status of U.S. fisheries. More information on this 
process can be found here: http://www.nmfs.noaa.gov/sfa/fisheries_eco/status_of_fisheries/.
    As stated in the proposed rule, 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 and temporarily changing the overfishing status 
from subject to overfishing to unknown. This approach is consistent 
with a previous determination for GB yellowtail flounder where, even in 
the absence of a stock assessment model, available data and fishery 
indicators suggested the stock was still in poor condition and in need 
of continued rebuilding efforts.
    For witch flounder, there are indications that the stock is still 
in poor condition that support maintaining the overfished 
determination. As stated in the proposed rule, these indicators include 
long-term declines in stock size, a truncation of age structure in the 
fishery landings and survey catch data, and a reduction in the number 
of old fish in the population (Figures B3-B6 in the witch flounder 
assessment summary, available here: https://www.nefsc.noaa.gov/publications/crd/crd1701/crd1701.pdf).
    We agree that text in the proposed rule regarding witch flounder 
stock biomass is different than that in the assessment report. In 
certain cases, the misquotation could have changed the meaning of the 
discussion concerning the nature of the level of catch. Notwithstanding 
this possibility, and despite some improvement in recent years, the 
current estimated stock biomass can be characterized as low among 
historical levels. Based on the results of the 2016 assessment, 
population biomass estimates declined 86 percent when comparing the 5-
year average biomass from 1967-1971 to the 5-year average biomass from 
2011-2015. Though the 2011-2015 average is not the lowest in the time 
series, this figure is low compared to historical levels, and supports 
our determination to maintain stock status as overfished despite our 
inability to compare current estimates of stock biomass to valid 
reference points. Unlike the overfished status, for which we have 
reliable indicators of stock condition, we do not have reliable 
estimates for the overfishing status in the short term. Because a stock 
assessment model is lacking, numerical estimates of fishing mortality 
are not available to compare to the overfishing status criterion for 
stock. As a result, we determined that the overfishing status relative 
to the existing SDC is not currently possible, and that the overfishing 
status is unknown. However, while numerical estimates of fishing 
mortality and an absolute value for the OFL are not available, catch 
limits must be set with a sufficient probability of preventing 
overfishing. For witch flounder, catch for the last five years has been 
below the ACL, and has remained stable. As a result, and for other 
reasons discussed elsewhere in this preamble, we determined that the 
Council's recommended ABC is a sufficient limit for preventing 
overfishing in the temporary absence of an OFL, consistent with 
National Standard 1 guidelines.
Fishing Year 2017 Shared U.S./Canada Quotas, and Other Catch Limits
    Comment 5: The NSC opposed the catch limits for GB yellowtail 
flounder and GB cod because these low catch limits threaten the 
viability of the scallop and groundfish fisheries and access to other 
U.S. managed stocks in the Eastern U.S./Canada Area. The NSC expressed 
concern that the Transboundary Resources Assessment Committee (TRAC) 
assessment did not adequately incorporate new information, including 
new catchability studies and changes to swept-area biomass 
calculations, that could increase the stock biomass estimates and catch 
limits.
    Response: A number of ongoing studies relative to survey 
catchability were briefly discussed at the 2016 TRAC assessment for GB 
yellowtail flounder. This preliminary information suggested that survey 
catchability may be different than the current assumption used in the 
assessment. However, the TRAC concluded it was necessary to conduct 
additional analyses to determine a new value for survey catchability. 
As a result, this issue was included as a Term of Reference for the 
2017 TRAC assessment, and the TRAC plans to consider recent 
catchability studies,

[[Page 35680]]

along with potential changes to the catchability assumptions used in 
the 2017 assessment. Additionally, although the 2016 TRAC concluded 
additional analysis was necessary, it recognized the uncertainty 
associated with the current catchability assumption, and conducted a 
sensitivity analysis to explore the impact of different values of 
survey catchability on the assessment. As the NSC noted in its comment, 
the analysis indicated that as survey catchability decreases, estimated 
biomass increases. However, as survey catchability decreases, the 
relative exploitation rate also decreases. Applying these lower 
exploitation rates then produces similar catch advice to the advice 
generated based on the current survey catchability assumption. Based on 
this analysis, the TRAC concluded that despite uncertainty in survey 
catchability, its catch advice would be the same regardless of the 
survey catchability assumed in the assessment.
    Furthermore, the 2016 TRAC assessment noted a number of other 
factors that indicate GB yellowtail flounder is in poor condition. 
There is a continued declining trend in survey biomass in recent years 
despite historically low catch. Although recent catch is low, 
information indicates that there is still high total mortality on the 
stock, along with poor recruitment and productivity. Based on the poor 
condition of the stock, the TRAC and the Council's SSC have continued 
to recommend maintaining the quota as low as possible, while 
recognizing that fishery catch does not appear to be driving stock 
decline, and balancing the need to achieve optimum yield in other 
fisheries, including the scallop fishery.
    Comment 6: The NSC commented that, when new information indicates a 
stock size is significantly larger than previously estimated, the 
choice of exploitation rate should be a policy decision for the 
Council, as opposed to a decision made through the stock assessment 
process.
    Response: For stocks such as GB yellowtail flounder and witch 
flounder, for which a stock assessment model is lacking, catch advice 
is typically generated by applying an exploitation rate to estimates of 
biomass from resource surveys. In some cases, the assessment results 
may indicate a range of exploitation rates that may be an appropriate 
scientific basis for generating catch advice based on analysis 
conducted in the assessment and consideration of factors such as 
historical exploitation rates or other stock indicators. The Council's 
SSC considers the final peer reviewed assessment and makes OFL and ABC 
recommendations to the Council after determining the information in the 
assessment meets the guidelines for best scientific information 
available. In developing catch advice, the SSC would consider the most 
appropriate exploitation rate, based on the assessment results, that 
will result in catch levels that prevent overfishing. The SSC also 
considers additional Magnuson-Stevens Act requirements to achieve 
optimum yield and minimize economic impacts to the extent practicable. 
Once the SSC has recommended an ABC, the Council develops catch limits, 
but cannot exceed the SSC's ABC recommendation. In theory, once the 
appropriate exploitation rate necessary to prevent overfishing is 
selected, there are multiple opportunities for the SSC and the Council 
to provide additional input on the choice of an exploitation rate based 
on Council policies and other management considerations.
    Comment 7: The NSC supported the proposed witch flounder catch 
limits, but commented that the catch limit, and the exploitation rate 
used to derive the catch limit in the swept-area biomass approach, were 
very conservative. MCFA also supported the proposed witch flounder 
catch limit, and commented that the previous lower catch limits 
constrained fishing on more abundant stocks and created economic 
incentives to avoid landing witch flounder.
    Response: We are adopting the witch flounder catch limits proposed 
by the Council. We do not view the exploitation rate recommended by the 
SSC as overly conservative. The exploitation rate is derived from a 
period of relative stability in estimated witch flounder abundance. 
Given the uncertainty around witch flounder stock status, we have 
determined that the exploitation rate, and the corresponding ABC, are 
appropriate to prevent overfishing for this stock. Further, the 2017 
witch flounder ABC is a 91-percent increase over the 2016 ABC. We 
expect this substantial increase from the 2016 ABC will provide 
additional flexibility and fishing opportunities for the groundfish 
fishery.
    Comment 8: The NSC supported maintaining the values for the other 
and state waters sub-components for all stocks until the Council is 
able to conduct additional analysis and policy development.
    Response: Consistent with the Council's recommendations, this 
action maintains the existing state and other sub-component amounts for 
dividing the ABC among various components of the fishery. In developing 
Framework 56, consistent with the process outlined in Amendment 16, the 
Groundfish PDT recommended changes to the 2017 and 2018 state waters 
and other sub-component values for all groundfish stocks. The PDT's 
recommendations were based on recent catch information, expected ACL 
changes, and management measures for 2016 and 2017, stock abundance and 
availability, and other information. The Council considered the PDT's 
recommendations, but decided to only make changes to the sub-component 
values for witch flounder and northern windowpane flounder to align 
these values with measures in Framework 56. For all other stocks, the 
Council maintained the 2017 and 2018 sub-component values adopted last 
year in Framework 55, which specified 2017 and 2018 ACLs. Instead, the 
Council listed review of groundfish catch in other fisheries, including 
a review of the process used to set the state water and other sub-
components, as a priority for 2017. We expect the Groundfish PDT will 
develop an updated approach for specifying the sub-component values as 
part of Framework 57.
    Comment 9: The New England Council identified an error in the Cape 
Cod/Gulf of Maine yellowtail flounder OFL in Table 2 the proposed rule. 
The value should be 900 mt, not 7,900 mt.
    Response: We have corrected this error in Table 2 under section 
``4. Catch Limits for Fishing Years 2017-2019.''
    Comment 10: The Council also identified a transcription error for 
the total ACL for GB haddock in 2017 and 2018 in its Environmental 
Assessment for Framework 56. The values should be 54,568 mt in 2017 and 
74,058 mt in 2018, as in the Proposed Rule in Table 3 (pp. 28452) and 
Table 4 (pp. 28453).
    Response: The Council submitted a corrected version of the 
Environmental Assessment, which we have made available with this final 
rule. This error did not change the results of the analysis. 
Information on how to access the finalized version of the Environmental 
Assessment is included under the ADDRESSES section.
Revised Trigger for Scallop Accountability Measures
    Comment 11: The NSC supported revising the trigger for scallop AMs 
for GB yellowtail flounder and northern windowpane flounder.
    Response: We agree, and are implementing this measure as 
recommended by the Council.
    Comment 12: The Council clarified its intent that the revised 
trigger for scallop AMs for GB yellowtail flounder and

[[Page 35681]]

northern windowpane flounder measures is a temporary change for fishing 
years 2017 and 2018 only, and that the underlying scallop AM 
implementation threshold will apply for evaluating overages in fishing 
year 2019 and beyond. The proposed rule incorrectly stated that the 
Council would evaluate the provision after 2018 to ensure the threshold 
was effectively constraining both scallop fishery catch and total 
mortality.
    Response: We clarified the Council's intent in our description of 
the approved measure under section ``6. Revised Trigger for Scallop 
Accountability Measures.'' We note that the regulatory text in the 
proposed rule was clear that the threshold for implementing AMs for 
these stocks would revert to the previous policy in fishing year 2019.
GB Haddock Allocation for the Midwater Trawl Fishery
    Comment 13: MCFA opposed the increase to the midwater trawl GB 
haddock catch limit, and instead supported maintaining the catch limit 
at the status quo level of 1 percent of the U.S. ABC. The MCFA 
commented that increasing the GB haddock allocation for a fishery with 
low accountability undermines conservation measures for the groundfish 
fishery. The MCFA also noted that, by allowing an increase in bycatch, 
more juvenile haddock will be caught as bycatch than at any other time 
in our recorded history.
    Response: We are approving the recommended increase for the 
midwater trawl GB haddock catch limit. In evaluating this increase, we 
considered several competing mandates and considerations outlined in 
the Magnuson-Stevens Act. This included considering National Standard 
1, which requires that FMPs prevent overfishing while achieving optimum 
yield; National Standard 8, which requires the consideration of the 
importance of the fisheries to communities and, to the extent 
practicable, minimize adverse impacts to these communities; and 
National Standard 9, which requires an FMP to reduce bycatch, to the 
extent practicable. As discussed in the Framework 46 final rule 
(September 15, 2011; 76 FR 56985), a rule that previously increased the 
midwater trawl GB haddock catch limit from 0.2 percent to 1 percent of 
the U.S. ABC, and supported by the Environmental Assessment for 
Framework 56, the recommended increase represents an acceptable balance 
of these standards. This measure increases the opportunity for the 
herring fishery to achieve optimum yield, while still preventing 
overfishing, and with no adverse impact to the health of the herring or 
haddock stocks.
    Though the Council recommended increasing the catch limit for 2017 
and 2018, it also established a process to re-evaluate this limit in 
future years, in concert with the assessment cycle, and specified that 
the catch limit can adjust as low as the status quo level of 1 percent, 
and as high as 2 percent. This review provides continued opportunities 
to evaluate this measure in light of any changes to the status of GB 
haddock or changes to the operation of the midwater trawl and 
groundfish fisheries.
    The Council's analysis in the Framework 56 EA acknowledges that 
some portion of the catch caught by the mid-water trawl fishery would 
be immature (i.e., pre-spawning age), as is the case now with the 
status quo allocation. However, the analysis notes that midwater trawl 
fishery catches in the range of 1 to 2 percent of the U.S. ABC would be 
a low risk to the GB haddock stock given the recent assessment findings 
that the stock is at record high biomass levels. The EA concluded that 
increasing the midwater trawl GB haddock catch cap up to 2 percent is 
likely to result in similar biological impacts to maintaining the catch 
cap at 1 percent. At the 1-percent level, the catch cap provides 
positive benefits to the GB haddock stock, compared to having no cap in 
place for the midwater trawl fishery, because it constrains midwater 
trawl fishery catch. Increasing the catch cap up to 2 percent should 
continue to provide positive benefits for the GB haddock stock 
particularly given the current abundance of the stock, and the wide gap 
between the total ACL and total catch (between 1 and 35 percent of 
total ACL from 2010-2015).
    Recently, groundfish closed area restrictions for the midwater 
trawl fleet resulted in high levels of observer coverage (above roughly 
30 percent coverage). Given the way observer coverage levels are set 
based on the groundfish closed area restrictions and the Standardized 
Bycatch Reporting Methodology (SBRM), there are times when observer 
coverage for the midwater trawl fleet has exceeded roughly 40 percent. 
In addition, the New England Council has been working in recent years 
to increase monitoring coverage for the herring fishery, and recently 
adopted an industry-funded monitoring program for vessels fishing with 
midwater trawl gear. In April 2017, the New England Council took final 
action on the Industry-funded Monitoring Amendment and recommended a 
50-percent coverage target for the majority of midwater trawl vessels. 
We will begin the rulemaking process for the Industry-funded Monitoring 
Amendment in late 2017.
    Further, the midwater trawl fleet is subject to an in-season 
closure of the directed herring fishery in the GB haddock AM area when 
the haddock catch cap is reached, as well as a pound-for-pound payback 
for any overages. During the 2015 fishing year, the midwater trawl 
fishery caught all of its allocation of GB haddock by October 22, 2015, 
and was subject to the AM until April 30, 2016. This possession 
restriction resulted in an estimated loss of $1.8 million in herring 
revenue during this time period. These AMs create a strong disincentive 
for the midwater trawl fleet to exceed its GB haddock catch limit, and, 
along with the New England Council's efforts to improve monitoring for 
this fishery, provide appropriate levels of accountability for the 
midwater trawl fishery. For all of these reasons, increasing the GB 
haddock catch cap meets the goal to achieve optimum yield and full 
utilization from the catch of herring, to promote the utilization of 
the resource in a manner which maximizes social and economic benefits 
to the nation, all while taking into account the protection of marine 
ecosystems including minimizing bycatch to the extent practicable.
    Comment 14: Regarding the process for reviewing the GB haddock 
midwater trawl catch limit, the New England Council clarified that it 
could also consider other factors in addition to those listed in the 
preamble to the proposed rule.
    Response: We agree with the Council's comment, and have clarified 
in our description of the approved measure under section ``7. Increase 
to Georges Bank Haddock Allocation for the Midwater Trawl Fishery'' 
that the review should consider factors including, but not limited to, 
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. We note that the regulatory 
text in the proposed rule was clear that other factors could be 
considered.
Sector Measures for Fishing Year 2017
    Comment 15: The NSC echoed the Northeast Sector Service Network's 
(NSSN) comments on the sector measures approved in the Fishing Year 
2017 and 2018 Sector Operations Plans Interim Final Rule (82 FR 19618; 
April

[[Page 35682]]

28, 2017). NSSN's comment highlighted the difficulties posed by the 
delay in the Framework 56 rulemaking, including difficulties 
communicating temporary catch limits, and managing sector fishing 
activity, while the temporary catch limits are in place. The NSSN noted 
that it requested proactive discussions regarding temporary catch 
limits well in advance of the start of the fishing year, but that NMFS 
failed to provide complete information about the temporary limits until 
the final month before the start of the fishing year on May 1, 2017. 
The NSSN encouraged NMFS to adopt more proactive steps to ensure 
information about default measures is available well in advance of the 
fishing year.
    Response: The timing of the witch flounder assessment, as well as 
having 2017 catch limits for 18 of the 20 stocks, and default measures 
for the remaining 2 stocks, delayed the rulemaking process for 
Framework 56. Throughout development of Framework 56, the Groundfish 
PDT and NMFS cautioned that incorporating the witch flounder assessment 
results would likely mean that Framework 56 would not be finalized in 
time for the start of the 2017 fishing year. Additionally, the Council 
did not submit Framework 56 to us for review until April 13, 2017, or 2 
weeks prior to the start of fishing year 2017. On average, once the 
Council submits a framework action to us for review, it takes 
approximately 6 months to complete review of the document, as well as 
proposed and final rulemaking, and implement final approved measures.
    Given the anticipated delays in the Framework 56 rulemaking, in 
advance of May 1, 2017, we provided sectors with data on both the 
status quo/default measures and a detailed description on the catch 
limits that would change if Framework 56 was approved. We recognize and 
agree that this situation was difficult to communicate and manage. In 
light of this year and in preparation for Framework 57, which will 
include 2018-2020 catch limits for all groundfish stocks based on the 
fall 2017 operational assessments, we will work with the Council and 
sectors to avoid a situation similar to what occurred this year.
2017 Northern Windowpane Flounder AM
    Comment 16: The New England Council and the NSC opposed 
implementing the northern windowpane flounder AM area for groundfish 
vessels in response to the 2015 overage. Both stated that triggering 
the AM would be purely punitive because: (1) Despite the total ACL 
overage, the groundfish fishery only caught 75 percent of its sub-ACL 
in 2015; and (2) the Council addressed the operational issue that 
contributed to the 2015 and past overages by creating a scallop fishery 
sub-ACL in Framework 56. The commenters also cited the Framework 52 
analysis, which estimated the economic impacts of the windowpane 
flounder AMs on the groundfish fishery averaged nearly $11 million from 
2010-2012.
    Response: We are approving the scallop fishery sub-ACL for northern 
windowpane flounder, and agree that this provision addresses an 
operational issue that contributed to ACL overages. Although scallop 
fishery catches contributed to a 2015 ACL overage, the regulations 
implementing the Northeast Multispecies FMP require us to trigger the 
groundfish fishery AM as a result of the overage. As a result, the 
groundfish fishery AM for northern windowpane flounder will be 
effective beginning August 1, 2017.
    We are able to remove the northern windowpane flounder AM for the 
groundfish fishery for reasons unrelated to approval of the scallop 
fishery sub-ACL. As described elsewhere in this preamble, preliminary 
2016 catch estimates indicate that total northern windowpane flounder 
catch was below the ACL. The regulations allow us to remove windowpane 
flounder AMs if catch is below the ACL in the year after an overage. 
Though the groundfish fishery will still be subject to the northern 
windowpane flounder AM temporarily, the expected economic impacts of 
the AM are greatly diminished by the limited timeframe the AM will be 
in effect.
2017 Southern Windowpane Flounder AM
    Comment 17: The Mid-Atlantic Council and NSC opposed implementing 
the southern windowpane flounder AM areas. The Mid-Atlantic Council 
requested that we use any and all remediation methods available to 
exempt fisheries from the AM for one year. In support of its request, 
the Mid-Atlantic Council pointed to the apparent lack of biological 
consequences from past southern windowpane flounder ACL overages, as 
well as the potential negative economic impacts of the AMs on the 
summer flounder and scup fisheries. The NSC recommended that NMFS and 
the Councils should pursue short- and long-term solutions to this 
issue, including expedited processes to reduce catches, gear 
modifications, reassessment of the stock, and ecosystem component 
designation. To offer additional support for not implementing the 
southern windowpane flounder AM, the New England Council commented that 
it took action in Framework 48 to address the operational issues that 
contributed to southern windowpane flounder overages by creating sub-
ACLs and AMs for both the scallop and non-groundfish fisheries.
    Response: Regulations put in place in Framework 52 authorize us to 
remove the southern windowpane flounder AM for the groundfish fishery. 
Our preliminary 2016 catch estimate indicates that total southern 
windowpane flounder catch was below the ACL. The regulations allow us 
to remove windowpane flounder AMs if catch is below the ACL in the year 
after an overage. Though the groundfish fishery will still be subject 
to the southern windowpane flounder AM temporarily, the expected 
economic impacts of the AM are greatly diminished by the limited 
timeframe the AM will be in effect.
    As described elsewhere in this preamble, the Council only developed 
measures in Framework 52 to reduce the size and duration of the 
windowpane flounder AMs for groundfish vessels. These provisions do not 
apply to the non-groundfish trawl vessels, including the summer 
flounder and scup fisheries, that are also subject to the AMs. Based on 
the updated 2016 catch information, we are considering an emergency 
action to extend the Framework 52 provision to reduce the duration of 
the AM to all trawl vessels.
    We agree with the NSC that the Councils, should pursue changes to 
southern windowpane flounder management that prevent overfishing while 
mitigating economic impacts to Greater Atlantic Region fisheries. Both 
Councils are currently advancing several actions to this end. The New 
England Council's Research Steering Committee recently recommended 
approving using the large-mesh belly panel trawl as a selective gear 
type that can be used when the southern windowpane flounder AM is 
triggered. This gear type demonstrated a reduction in southern 
windowpane flounder without a reduction in scup catch. The Council is 
conducting additional analysis to determine if this gear meets the 
standards for selective gear, and if so, would formally recommend 
approval of this gear type to NMFS. As described elsewhere in this 
preamble, the New England and Mid-Atlantic Councils also are working to 
analyze revisions to the large-mesh non-groundfish fishery AMs in 
Framework

[[Page 35683]]

57. Last, through the Groundfish PDT and in response to inquiries from 
the Councils, we provided advice that southern windowpane flounder may 
be a candidate for re-designation as an ecosystem component species, 
and that this issue should be further explored. Re-designation would 
require an amendment to the Northeast Multispecies FMP, and possibly to 
other Greater Atlantic Region FMPs.
    Finally, we agree with the New England Council's comment that, by 
creating sub-ACLs and AMs for all fisheries responsible for a 
substantial share of southern windowpane flounder catch, it addressed 
the operational issues that contributed to past overages. However, 
similar to northern windowpane flounder, this does not remove the 
requirement that we implement the southern windowpane flounder AM in 
response to the 2015 overage. This argument lends even less support for 
removing the 2017 AM for southern windowpane flounder than northern 
windowpane flounder. Unlike northern windowpane flounder, where the 
groundfish fishery is subject to an AM in spite of maintaining 2015 
catch below its sub-ACL, all fisheries with sub-ACLs (groundfish, 
scallop, and non-groundfish) exceeded their 2015 sub-ACLs for southern 
windowpane flounder in 2015. This means that the groundfish, scallop, 
and non-groundfish fisheries should each bear responsibility for the 
overage under an AM.
Changes From the Proposed Rule
    This final rule contains a number of minor adjustments from the 
proposed rule.
    We corrected a typographical error in the 2018 Cape Cod/Gulf of 
Maine yellowtail flounder OFL. The proposed rule incorrectly listed the 
OFL as 7,900 mt instead of 900 mt. We also clarified our descriptions 
of the revised trigger for scallop fishery accountability measures, and 
the increase to the GB haddock allocation for the midwater trawl 
fishery, based on comments from the New England Council (see Comments 
12 and 14).
    In addition to adjusting the common pool trip limit for witch 
flounder, we are also adjusting the common pool trip limit for American 
plaice. Witch flounder and American plaice are caught together, and 
because we are increasing the witch flounder trip limit, we are 
reducing the American plaice trip limit to slow catch of American 
plaice. This will avoid early closures for the common pool fishery and 
help prevent overages.
Classification
    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has determined that the management 
measures implemented in this final rule are necessary for the 
conservation and management of the Northeast multispecies fishery and 
consistent with the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866.
    This rule is not an E.O. 13771 regulatory action because this rule 
is not significant under E.O. 12866.
    This final rule does not contain policies with Federalism or 
``takings'' implications as those terms are defined in E.O. 13132 and 
E.O. 12630, respectively.
    The Assistant Administrator for Fisheries finds good cause, under 5 
U.S.C. 553(d)(3), to waive the 30-day delayed effectiveness of this 
action. This action sets 2017 catch limits for 4 of the 20 groundfish 
stocks, and adopts several other measures to improve the management of 
the groundfish fishery. This final rule must be in effect by August 1, 
2017, to fully capture the conservation and economic benefits of 
Framework 56 and sector administrative measures.
    This rulemaking incorporates information from updated benchmark 
stock assessment for witch flounder. The development of Framework 56 
was timed to incorporate the results of this assessment, which was 
finalized in December 2016. Council action and analysis were not 
complete until April 2017. The groundfish fishing years began on May 1, 
2017, but given the late timing of the benchmark assessment and Council 
process, we were unable to publish a proposed rule for Framework 56 
until June 22, 2017. The regulations allow us to implement default 
groundfish specifications equal to 35 percent of the previous year's 
catch limits in the event that the rulemaking process is delayed beyond 
the start of the fishing year. However, the regulations also specify 
that the default specifications expire after July 31, 2017. Once the 
default catch limits expire, any groundfish stock areas with stocks 
that do not have specified catch limits are closed to fishing activity. 
In order to have this action effective by August 1, 2017, the date by 
which default specifications expire, it is necessary to waive the 30-
day delayed effectiveness of this rule.
    Default groundfish specifications are currently in place for the 
Eastern GB cod and GB yellowtail stocks, and vessels have already 
restricted their fishing effort in the Eastern U.S./Canada area in 
response to the temporarily reduced catch limits for these stocks. A 
further delay in the implementation of 2017 catch limits for these 
stocks would mean that there are no catch limits in place for the 
Eastern U.S./Canada area, which would require us to close the Eastern 
U.S./Canada area until the final rule is published. This would result 
in direct economic loss for the groundfish fleet.
    The groundfish fishery already faced substantial catch limit 
reductions for many key groundfish stocks over the past 6 years. Any 
further disruption to the fishery that would result from a delay in 
this final rule could create severe economic impacts to the groundfish 
fishery. Overall, this rule is not expected to have significant 
economic impacts on a substantial number of small entities if it is 
implemented on time. However, the negative economic impacts of 
implementing the default catch limits expiring on August 1 would 
diminish the benefits of these specifications and other approved 
measures. For these reasons, a 30-day delay in the effectiveness of 
this rule is impracticable and contrary to the public interest.
    The Assistant Administrator for Fisheries, NOAA, finds good cause 
pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior 
notice and the opportunity for public comment and the 30-day delayed 
effectiveness period for adjusting the American plaice trip limit 
because it would be impracticable and contrary to the public interest.
    The regulations at Sec.  648.86(o) authorize the Regional 
Administrator to adjust the Northeast multispecies possession and trip 
limits for common pool vessels in order to prevent the overharvest or 
underharvest of the pertinent common pool quotas. The common possession 
and trip limits implemented through this action help to ensure that the 
Northeast multispecies common pool fishery may achieve the optimum 
yield (OY) for the relevant stocks, while controlling catch to help 
prevent inseason closures or quota overages. This action adjusts the 
common pool trip limit for American plaice related to changes in the 
common pool trip limit for witch flounder. Witch flounder and American 
place are caught together, and because we are increasing the witch 
flounder trip limit, we are reducing the American plaice trip limit to 
slow the catch of American plaice. If we increase the trip limit for 
witch

[[Page 35684]]

flounder without decreasing the trip limit for American plaice, 
American plaice catch will accelerate, which will likely lead to early 
closure of a trimester and quota overages. Any overage of catch must be 
deducted from the Trimester 3 quota, which could substantially disrupt 
the trimester structure and intent to distribute the fishery across the 
entire fishing year. An overage reduction in Trimester 3 would further 
reduce fishing opportunities for common pool vessels and likely result 
in early closure of Trimester 3. This would undermine management 
objectives of the Northeast Multispecies Fishery Management Plan and 
cause unnecessary negative economic impacts to the common pool fishery.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for this certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: July 26, 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 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 new paragraph (d).


Sec.  648.86   [Amended]

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

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


0
5. 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. Amend paragraph (a)(5)(iii) by removing ``Sec.  648.85(d)'' and 
adding ``Sec.  648.90(a)(4)(iii)(D)'' in its place;
0
d. 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

[[Page 35685]]

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 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.

------------------------------------------------------------------------
              Point                    N. latitude        W. longitude
------------------------------------------------------------------------
        Northern Windowpane Flounder and Ocean Pout Small AM Area
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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
------------------------------------------------------------------------
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\ 40[deg]32.6'    \5\ 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 35686]]

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.  648.201  [Amended]

0
6. In Sec.  648.201, amend paragraph (a)(2) by removing ``Sec.  
648.85(d)'' and adding ``Sec.  648.90(a)(4)(iii)(D)'' in its place.

[FR Doc. 2017-16133 Filed 7-31-17; 8:45 am]
BILLING CODE 3510-22-P