[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Rules and Regulations]
[Pages 53825-53827]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23289]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 180220191-8945-02]
RIN 0648-BH80


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; Commercial Accountability Measures 
Framework Adjustment

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

ACTION: Final rule.

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

SUMMARY: NMFS is implementing a commercial framework adjustment to the 
Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan that 
modifies the accountability measures required for overages not caused 
by directed landings (i.e., discards) in the summer flounder, scup, and 
black sea bass fisheries. This adjustment incorporates the status of 
the stocks into the accountability measures. This action is intended to 
provide additional flexibility in determining when accountability 
measures are appropriate, similar to the method already used in the 
recreational fisheries for these species.

DATES: Effective November 26, 2018.

ADDRESSES: Copies of this framework adjustment, including the 
Environmental Assessment (EA) and other supporting documents for the 
action, are available upon request from Dr. Christopher M. Moore, 
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 
800 North State Street, Dover, DE 19901. These documents are also 
accessible via the internet at http://www.mafmc.org/actions/sfsbsb-commercial-am-framework.

FOR FURTHER INFORMATION CONTACT: Cynthia Ferrio, Fishery Management 
Specialist, (978) 281-9180.

SUPPLEMENTARY INFORMATION: 

General Background

    The summer flounder, scup, and black sea bass fisheries are managed 
cooperatively under the provisions of the Summer Flounder, Scup, and 
Black Sea Bass Fishery Management Plan (FMP) developed by the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine 
Fisheries Commission. This action implements a modification to the 
Federal accountability measures (AM) that are enacted when the 
commercial annual catch limit (ACL) is exceeded due to discards for any 
of these three species.
    There are two types of commercial fishery AMs outlined in the 
summer flounder, scup, and black sea bass regulations. The first is a 
pound-for-pound overage repayment that is applied when the commercial 
quota is exceeded as a result of landings. This landings-based AM is 
not adjusted by this action. The second is a non-landings based AM that 
is applied to the commercial annual catch target (ACT) if the ACL has 
been exceeded, and the overage is not caused by landings, but

[[Page 53826]]

rather by higher discards than those estimated prior to the fishing 
year. This action adjusts this non-landings-based AM for the summer 
flounder, scup, and black sea bass fisheries to account for the 
variability in commercial discard estimates. This approach also 
provides additional flexibility to these AMs based on stock status and 
the biological consequences, if any, of estimated discard overages.
    The proposed rule for this action published in the Federal Register 
on August 9, 2018 (83 FR 39398), and comments were accepted through 
September 10, 2018. We received nine comments from the public, but no 
changes to the final rule are necessary as a result of those comments. 
Additional background information regarding the development of this 
action can be found in the proposed rule, and is not repeated here.

Final Action

    This action incorporates stock status into non-landings AMs 
determinations, as described in the proposed rule. When discards cause 
the commercial ACL to be exceeded, the following system will now be 
used to determine AMs:
    (1) If the current biomass is above the biomass target, no overage 
payback is required.
    (2) If the current biomass is above the biomass threshold (i.e., 
the stock is not overfished), but below the biomass target, and the 
stock is not under a rebuilding plan, then one of the following non-
landings paybacks are applied:
    a. If discards cause the commercial ACL, but not the acceptable 
biological catch (ABC), to be exceeded, no overage repayment is 
required; or
    b. If discards cause both the commercial ACL and ABC to be 
exceeded, a scaled, single-year adjustment to the commercial ACT will 
be made. The adjustment would be scaled based on stock biomass, so that 
the adjustment is larger the closer the biomass is to the threshold.
    (3) If the stock is overfished, under a rebuilding plan, or the 
biological reference points (i.e., stock status) are unknown, then a 
pound-for-pound payback is required for any non-landings overage.
    The scaled payback required in scenario 2b above would be 
calculated as the product of the difference between the total catch and 
the ACL (i.e., the overage amount) and a payback coefficient. The 
payback coefficient is the difference between the most recent estimate 
of biomass target and the current biomass, divided by one half of the 
biomass target. This scaling is intended to minimize impacts of a 
payback for healthy stocks, while still accounting for the biological 
consequences of the overage. For more description of the scaled payback 
calculation, see the proposed rule for this action.

Comments and Responses

    The public comment period for the proposed rule ended on September 
10, 2018, and a total of nine comments were received from the public. 
Three comments from different industry groups all expressed support for 
the action as described in the proposed rule. Two comments outlined 
different perceptions of the current stock status, quotas, and 
commercial state-by-state allocations in the summer flounder fishery. 
These issues are not responsive to the specific measures in this 
action, but are currently under consideration by the Council in its 
ongoing development of summer flounder specifications and the 
commercial summer flounder amendment. The other four comments received 
were not relevant to this action or these fisheries in general, and did 
not warrant a response in the context of the current rulemaking. No 
changes to the proposed rule will be made as a result of these 
comments.

Changes From the Proposed Rule

    There are no substantive changes from the proposed rule.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule does not duplicate, conflict, or overlap with any 
existing Federal rules.
    This action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act.
    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 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: October 19, 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. In Sec.  648.103, paragraph (b)(3) is revised to read as follows:


Sec.  648.103  Summer flounder accountability measures.

* * * * *
    (b) * * *
    (3) Non-landing accountability measure. In the event that the 
commercial ACL is exceeded and that the overage has not been 
accommodated through the landings-based AM, then the following 
procedure will be followed:
    (i) Overfishing, rebuilding, or unknown stock status. If the most 
recent estimate of biomass is below the BMSY threshold 
(i.e., B/BMSY is less than 0.5), the stock is under a 
rebuilding plan, or the biological reference points (B or 
BMSY) are unknown, and the commercial ACL has been exceeded, 
then the exact amount, in pounds, by which the most recent year's 
commercial catch estimate exceeded the most recent year's commercial 
ACL will be deducted, in the following fishing year from the commercial 
ACT, as a single-year adjustment.
    (ii) If biomass is above the threshold, but below the target, and 
the stock is not under rebuilding. If the most recent estimate of 
biomass is above the biomass threshold (B/BMSY is greater 
than 0.5), but below the biomass target (B/BMSY is less than 
1.0), and the stock is not under a rebuilding plan, then the following 
AMs will apply:
    (A) If the Commercial ACL has been exceeded, but not the overall 
ABC, then no single-year AM payback is required.
    (B) If the Commercial ACL and ABC have been exceeded, then a scaled

[[Page 53827]]

single-year adjustment to the commercial ACT will be made, in the 
following fishing year. The ACT will be reduced by the exact amount, in 
pounds, of the product of the overage, defined as the difference 
between the commercial catch and the commercial ACT, and the payback 
coefficient. The payback coefficient is the difference between the most 
recent estimate of biomass and BMSY (i.e., BMSY-
B) divided by one-half of BMSY.
    (iii) If biomass is above BMSY. If the most recent 
estimate of biomass is above BMSY (i.e., B/BMSY 
is greater than 1.0), then no single-year AM payback is required.
* * * * *

0
3. In Sec.  648.123, paragraph (b) is revised to read as follows:


Sec.  648.123  Scup accountability measures.

* * * * *
    (b) Non-landing accountability measure. In the event that the 
commercial ACL has been exceeded and the overage has not been 
accommodated through the landings-based AM, then the following 
procedure will be followed:
    (1) Overfishing, rebuilding, or unknown stock status. If the most 
recent estimate of biomass is below the BMSY threshold 
(i.e., B/BMSY is less than 0.5), the stock is under a 
rebuilding plan, or the biological reference points (B or 
BMSY) are unknown, and the commercial ACL has been exceeded, 
then the exact amount, in pounds, by which the most recent year's 
commercial catch estimate exceeded the most recent year's commercial 
ACL will be deducted, in the following fishing year from the commercial 
ACT, as a single-year adjustment.
    (2) If biomass is above the threshold, but below the target, and 
the stock is not under rebuilding. If the most recent estimate of 
biomass is above the biomass threshold (B/BMSY is greater 
than 0.5), but below the biomass target (B/BMSY is less than 
1.0), and the stock is not under a rebuilding plan, then the following 
AMs will apply:
    (i) If the Commercial ACL has been exceeded, but not the overall 
ABC, then no single-year AM payback is required.
    (ii) If the Commercial ACL and ABC have been exceeded, then a 
scaled single-year adjustment to the commercial ACT will be made, in 
the following fishing year. The ACT will be reduced by the exact 
amount, in pounds, of the product of the overage, defined as the 
difference between the commercial catch and the commercial ACT, and the 
payback coefficient. The payback coefficient is the difference between 
the most recent estimate of biomass and BMSY (i.e., 
BMSY-B) divided by one-half of BMSY.
    (3) If biomass is above BMSY. If the most recent 
estimate of biomass is above BMSY (i.e., B/BMSY 
is greater than 1.0), then no single-year AM payback is required.
* * * * *

0
 4. In Sec.  648.143, paragraph (b) is revised to read as follows:


Sec.  648.143  Black sea bass accountability measures

* * * * *
    (b) Non-landing accountability measure. In the event that the 
commercial ACL has been exceeded and the overage has not been 
accommodated through the landings-based AM, then the following 
procedure will be followed:
    (1) Overfishing, rebuilding, or unknown stock status. If the most 
recent estimate of biomass is below the BMSY threshold 
(i.e., B/BMSY is less than 0.5), the stock is under a 
rebuilding plan, or the biological reference points (B or 
BMSY) are unknown, and the commercial ACL has been exceeded, 
then the exact amount, in pounds, by which the most recent year's 
commercial catch estimate exceeded the most recent year's commercial 
ACL will be deducted, in the following fishing year from the commercial 
ACT, as a single-year adjustment.
    (2) If biomass is above the threshold, but below the target, and 
the stock is not under rebuilding. If the most recent estimate of 
biomass is above the biomass threshold (B/BMSY is greater 
than 0.5), but below the biomass target (B/BMSY is less than 
1.0), and the stock is not under a rebuilding plan, then the following 
AMs will apply:
    (i) If the Commercial ACL has been exceeded, but not the overall 
ABC, then no single-year AM payback is required.
    (ii) If the Commercial ACL and ABC have been exceeded, then a 
scaled single-year adjustment to the commercial ACT will be made, in 
the following fishing year. The ACT will be reduced by the exact 
amount, in pounds, of the product of the overage, defined as the 
difference between the commercial catch and the commercial ACT, and the 
payback coefficient. The payback coefficient is the difference between 
the most recent estimate of biomass and BMSY (i.e., 
BMSY-B) divided by one-half of BMSY.
    (3) If biomass is above BMSY. If the most recent 
estimate of biomass is above BMSY (i.e., B/BMSY 
is greater than 1.0), then no single-year AM payback is required.
* * * * *

[FR Doc. 2018-23289 Filed 10-24-18; 8:45 am]
 BILLING CODE 3510-22-P