[Federal Register Volume 83, Number 70 (Wednesday, April 11, 2018)]
[Rules and Regulations]
[Pages 15511-15513]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07373]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 150309236-8327-02]
RIN 0648-BE65


Fisheries of the Northeastern United States; Mid-Atlantic Fishery 
Management Council; Omnibus Acceptable Biological Catch Framework 
Adjustment

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

ACTION: Final rule.

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

SUMMARY: This action implements an Omnibus Framework Adjustment to the 
Mid-Atlantic Fishery Management Council's acceptable biological catch 
setting process, allows for adoption of peer-reviewed scientific 
information more quickly, and clarifies language in the Council's catch 
control rules. This action is necessary to provide an additional 
approach in catch setting that will help bring stability to quotas, 
ensure the best available scientific information is more readily 
available, and clarify existing control rule language. The intended 
effect of this action is to inform the public of these changes to the 
Council's catch setting control rules and process.

DATES: This rule is effective May 11, 2018.

ADDRESSES: Copies of the Council's Omnibus Acceptable Biological Catch 
Framework Adjustment and the accompanying environmental assessment (EA) 
are available on request from: Michael Pentony, Regional Administrator, 
National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, 
MA 01930.

FOR FURTHER INFORMATION CONTACT: Erin Wilkinson, Fishery Management 
Specialist, (301) 427-8561.

SUPPLEMENTARY INFORMATION:

Background

    The Council is required to set annual catch limits (ACLs) that do 
not exceed the acceptable biological catch (ABC) recommendation of its 
Scientific and Statistical Committee (SSC) to prevent overfishing. ABCs 
represent an upper limit for the Council to use when setting catch 
limits. The 2011 ACL Omnibus Amendment final rule (76 FR 60606; 
September 29, 2011), put in place the Council's risk policy that 
provides guidance to the SSC on the Council's tolerance for overfishing 
risk. The policy also outlines risk tolerance for ensuring stocks under 
rebuilding plans achieve fishing mortality objectives.
    The Council's risk policy for setting ABCs states that for a 
typical species whose stock size is equal to or greater than a biomass 
target associated with maximum sustainable yield (BMSY), the 
acceptable probability of overfishing is 40 percent, i.e., if the 
fishery catches the ABC then there is a 60-percent probability of not 
overfishing. If the SSC determines that a species has an atypical life 
history, the Council requires at least a 65-percent chance of not 
overfishing to create a larger buffer when biomass is at or above 
BMSY. The SSC determines whether a stock is typical or 
atypical each time an ABC is recommended.
    For both typical and atypical species, the Council has specified 
that as stock size biomass (B) falls below the target BMSY, 
the probability of overfishing decreases, until the probability of 
overfishing hits zero when the stock is at 10 percent of the target 
BMSY. For a stock under a rebuilding plan, the probability 
of not exceeding the fishing mortality rate (F) within the specified 
timeframe must be at least 50 percent, unless this probability 
threshold is modified through a stock rebuilding plan.
    The fishery management plans (FMPs) managed by the Council all have 
provisions for setting specifications for multiple years (five years 
for dogfish and three years for all other species).

Approved Measures

Overfishing Probability Averaging

    When the SSC accepts assessment fishing mortality reference points, 
the average probability of overfishing (or achieving the target fishing 
mortality for rebuilding stocks) may be used consistent with the 
existing risk policy requirements. The constant, multi-year ABCs that 
would result must continue to meet the Council's risk policy goals, 
with the probability of overfishing not to exceed 50 percent in any 
given year. For stocks in a rebuilding plan, the probability of 
achieving the rebuilding fishery mortality must meet the risk policy 
objectives when constant, multi-year ABCs are recommended by the SSC.
    Averaged ABCs could be set at a constant level for up to five years 
for spiny dogfish and up to three years for all other species managed 
by the Council. The SSC may provide both variable, year-to-year and 
constant multi-year recommendations based on the average overfishing 
probability approach for the Council to consider. The SSC will continue 
to review fishery performance each year during multi-year 
specifications, regardless of which multi-year approach is used to 
determine ABCs. The multi-year averaging of ABCs will not apply to 
stocks that do not have a quantitative assessment to derive ABCs, or to 
stocks with an assessment that lacks information on the risk of 
overfishing.

ABC Control Rule Assessment Level Designations

    In conjunction with this action, the Council developed and we 
approved some clarifying language describing its ABC control rule 
assessment level designations. These revisions are minor and intended 
to clarify the various components of the assessment levels used in the 
ABC control rules.

Approved Biological Status Criteria

    This action provides notice of the administrative process the 
Council will use for incorporating the best scientific information 
available in the development of ABCs for the Atlantic Bluefish, 
Tilefish, and Atlantic Mackerel, Squid, and Butterfish FMPs. All other 
Mid-Atlantic FMPs already use this process. The best available science 
requirements dictate that the SSC use the accepted assessment 
information to set quotas under National Standard 2. The Council's SSC 
will utilize peer-reviewed biological reference points (overfishing 
level, biomass thresholds, etc.) and periodic updates to stock status 
determination criteria (i.e., biomass and fishing mortality reference 
points) to define ABCs, consistent with the Council's other FMPs and 
National Standards 1 and 2 of the Magnuson-Stevens Fishery Conservation 
and Management Act (Magnuson-Stevens Act). This change in Council 
operations improves management efficiency by automatically 
incorporating new peer-reviewed status determination criteria instead 
of requiring a separate management action to adopt them within these 
three FMPs.

[[Page 15512]]

Comments and Responses

    We received one comment on the proposed rule from the public. The 
commenter suggested clarifying language in the preamble of the proposed 
rule notice, describing the measures. We clarified the description of 
the measures in the preamble of this final rule.

Changes From the Proposed Rule

    There are no changes from the proposed to final rule.

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 Council's FMPs, and consistent with 
the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to not be significant for 
purposes of Executive Order (E.O.) 12866.
    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 rule would not 
have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification, and the initial certification remains 
unchanged. As a result, a final regulatory flexibility analysis is not 
required and none has been prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: April 5, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.
    For the reasons set out 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. Section 648.20 is revised to read as follows:


Sec.  648.20  Mid-Atlantic Fishery Management Council Acceptable 
Biological Catch (ABC) control rules.

    The SSC shall review the following criteria, and any additional 
relevant information, to assign managed stocks to one of four types of 
control rules based on the species' assessments and its treatment of 
uncertainty when developing ABC recommendations. The SSC shall review 
the ABC control rule assignment for stocks each time an ABC is 
recommended. ABCs may be recommended for up to three years for all 
stocks, with the exception of five years for spiny dogfish. The SCC may 
specify constant, multi-year ABCs, derived from the average of ABCs (or 
average risk of overfishing) if the average probability of overfishing 
remains between zero and 40 percent, and does not exceed a 50-percent 
probability in any given year. The average ABCs may remain constant for 
up to three years for all stocks, with the exception of five years for 
spiny dogfish. The SSC may deviate from the control rule methods and 
recommend an ABC that differs from the result of the ABC control rule 
application; however, any such deviation must include the following: A 
description of why the deviation is warranted; description of the 
methods used to derive the alternative ABC; and an explanation of how 
the deviation is consistent with National Standard 2. The four types of 
ABC control rules are described below.
    (a) ABC control rule for a stock with an OFL probability 
distribution that is analytically-derived and accepted by the SSC. (1) 
The SSC determines that the assessment OFL and the assessment's 
treatment of uncertainty are acceptable, based on the following:
    (i) All important sources of scientific uncertainty are captured in 
the stock assessment model;
    (ii) The probability distribution of the OFL is calculated within 
the stock assessment and adequately describes the OFL uncertainty;
    (iii) The stock assessment model structure and treatment of the 
data prior to use in the model include relevant details of the biology 
of the stock, fisheries that exploit the stock, and data collection 
methods;
    (iv) The stock assessment provides the following estimates: Fishing 
mortality rate (F) at MSY or an acceptable proxy maximum fishing 
mortality threshold (MFMT) to define OFL, biomass, biological reference 
points, stock status, OFL, and the respective uncertainties associated 
with each value; and
    (v) No substantial retrospective patterns exist in the stock 
assessment estimates of fishing mortality, biomass, and recruitment.
    (2) An ABC for stocks with an accepted OFL probability distribution 
that is analytically-derived will be determined by applying the 
acceptable probability of overfishing from the MAFMC's risk policy 
found in Sec.  648.21(a) through (d) to the probability distribution of 
the OFL.
    (b) ABC control rule for a stock with an OFL probability 
distribution that is modified by the assessment team and accepted by 
the SSC. (1) The SSC determines the assessment OFL is acceptable and 
the SSC accepts the assessment team's modifications to the 
analytically-derived OFL probability distribution, based on the 
following:
    (i) Key features of the stock biology, the fisheries that exploit 
it, and/or the data collection methods for stock information are 
missing from, or poorly estimated in, the stock assessment;
    (ii) The stock assessment provides reference points (which may be 
proxies), stock status, and uncertainties associated with each; 
however, the uncertainty is not fully promulgated through the stock 
assessment model and/or some important sources of uncertainty may be 
lacking;
    (iii) The stock assessment provides estimates of the precision of 
biomass, fishing mortality, and reference points;
    (iv) The accuracy of the minimum fishing mortality threshold and 
projected future biomass is estimated in the stock assessment using ad 
hoc methods; and
    (v) The modified OFL probability distribution provided by the 
assessment team acceptably addresses the uncertainty of the assessment.
    (2) An ABC for stocks with an OFL probability distribution that is 
modified by the assessment team and accepted by the SSC will be 
determined by applying the acceptable probability of overfishing from 
the MAFMC's risk policy found in Sec.  648.21(a) through (d) to the 
probability distribution of the OFL as modified by the assessment team.
    (c) ABC control rule for a stock with an OFL probability 
distribution that is modified by the SSC. (1) The SSC determines the 
assessment OFL is acceptable but the SSC derives the appropriate 
uncertainty for OFL based on meta-analysis and other considerations. 
This requires the SSC to determine that the stock assessment does not 
contain an estimated probability distribution of OFL or the OFL 
probability distribution in the stock assessment is judged by the SSC 
to not adequately reflect uncertainty in the OFL estimate.

[[Page 15513]]

    (2) An ABC for stocks with an OFL probability distribution that is 
modified by the SSC will be determined by either:
    (i) Applying the acceptable probability of overfishing from the 
MAFMC's risk policy found in Sec.  648.21(a) through (d) to the SSC-
adjusted OFL probability distribution. The SSC will use default 
assignments of uncertainty in the adjusted OFL probability distribution 
based on literature review and valuation of control rule performance; 
or,
    (ii) If the SSC cannot develop an OFL probability distribution, a 
default control rule of 75 percent of the FMSY value will be 
applied to derive ABC.
    (d) ABC control rule for when an OFL cannot be specified. (1) The 
SSC determines that the OFL cannot be specified given the available 
information.
    (2) An ABC for stocks with an OFL that cannot be specified will be 
determined by using control rules based on biomass and catch history 
and application of the MAFMC's risk policy found in Sec.  648.21(a) 
through (d).

[FR Doc. 2018-07373 Filed 4-10-18; 8:45 am]
BILLING CODE 3510-22-P