[Federal Register Volume 84, Number 76 (Friday, April 19, 2019)]
[Proposed Rules]
[Pages 16441-16454]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07832]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 181203999-9350-01]
RIN 0648-BI64
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Framework Adjustment 58
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
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SUMMARY: This action proposes to approve and implement Framework
Adjustment 58 to the Northeast Multispecies Fishery Management Plan.
This rule would set 2019-2020 catch limits for 7 of the 20 multispecies
(groundfish) stocks, implement new or revised rebuilding plans for 5
stocks, revise an accountability measure, and make other minor changes
to groundfish management measures. This action is necessary to respond
to updated scientific information and to achieve the goals and
objectives of the fishery management plan. The proposed measures are
intended to help prevent overfishing, rebuild overfished stocks,
achieve optimum yield, and ensure that management measures are based on
the best scientific information available.
DATES: Comments must be received by May 6, 2019.
ADDRESSES: You may submit comments, identified by NOAA-NMFS-2018-0138,
by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal eRulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0138;
2. Click the ``Comment Now!'' icon and complete the required
fields; and
3. Enter or attach your comments.
Mail: Submit written comments to Michael Pentony, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope,
``Comments on the Proposed Rule for Groundfish Framework Adjustment
58.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by us. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. We will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of Framework Adjustment 58, including the draft
Environmental Assessment, the Regulatory Impact Review, and the
Regulatory Flexibility Act Analysis prepared by the New England Fishery
Management Council 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.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Policy Analyst,
phone: 978-281-9145; email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Summary of Proposed Measures
2. Fishing Year 2019-2020 Shared U.S./Canada Quotas
3. Catch Limits for Fishing Years 2019-2020
[[Page 16442]]
4. Adjustments Due to Fishing Year 2017 Overage
5. Rebuilding Programs
6. Revision to the Georges Bank Yellowtail Flounder Accountability
Measure Trigger for Scallop Vessels
7. Exemption From the U.S. Minimum Fish Sizes for Groundfish Species
for Vessels Fishing Exclusively in the Northwest Atlantic Fisheries
Organization Regulatory Area
8. Administrative Changes and Regulatory Corrections Under
Secretarial Authority
1. Summary of Proposed Measures
This action would implement the management measures in Framework
Adjustment 58 to the Northeast Multispecies Fishery Management Plan
(FMP). The New England Fishery Management Council reviewed the proposed
regulations and deemed them consistent with, and necessary to implement
Framework 58 in a February 8, 2019, letter from Council Chairman Dr.
John Quinn to Regional Administrator Michael Pentony. Under the
Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act), we are required to publish proposed rules for comment
after preliminarily determining whether they are consistent with
applicable law. The Magnuson-Stevens Act allows us to approve,
partially approve, or disapprove measures that the Council proposes
based only on whether the measures are consistent with the fishery
management plan, plan amendment, the Magnuson-Stevens Act and its
National Standards, and other applicable law. Otherwise, we must defer
to the Council's policy choices. We are seeking comments on the
Council's proposed measures in Framework 58 and whether they are
consistent with the Northeast Multispecies FMP, the Magnuson-Stevens
Act and its National Standards, and other applicable law. Through
Framework 58, the Council proposes to:
Set fishing year 2019-2020 shared U.S./Canada quotas for
Georges Bank (GB) yellowtail flounder and eastern GB cod and haddock;
Set 2019-2020 specifications, including catch limits, for
four groundfish stocks: Witch flounder; GB winter flounder; Gulf of
Maine (GOM) winter flounder; and Atlantic halibut;
Revise or implement new rebuilding programs for GB winter
flounder, southern New England/Mid-Atlantic (SNE/MA) yellowtail
flounder, witch flounder, northern windowpane flounder, and ocean pout;
Revise the trigger for the scallop fishery's
accountability measures (AM) for GB yellowtail flounder; and
Exempt vessels fishing exclusively in the Northwest
Atlantic Fisheries Organization (NAFO) Regulatory Area from the U.S.
minimum fish size for groundfish species.
This action also proposes a number of other measures that are not
part of Framework 58, but that may be, or are required to be,
considered and implemented under our authority specified in the FMP. We
are proposing these measures in conjunction with the Framework 58
proposed measures for expediency purposes, and because some of these
measures are related to the catch limits proposed as part of Framework
58. The additional measures proposed in this action are listed below.
Adjustment for fishing year 2017 catch overage--this
action announces the reduction of the 2019 GOM cod allocation due to an
overage that occurred in fishing year 2017.
Other administrative revisions and corrections--this
action proposes to revise the application deadline for days-at-sea
(DAS) leases, make regulatory corrections regarding the information
required to be included in catch reports submitted via a vessel
monitoring system (VMS), and correct a citation in the regulations
allocating GB and SNE/MA yellowtail flounder to the scallop fishery.
These proposed changes are described in the section 8, Administrative
Changes and Regulatory Corrections under Secretarial Authority.
2. Fishing Year 2019-2020 Shared U.S./Canada Quotas
Management of Transboundary Georges Bank Stocks
Eastern GB cod, eastern GB haddock, and GB yellowtail flounder are
jointly managed with Canada under the United States/Canada Resource
Sharing Understanding. The Transboundary Management Guidance Committee
(TMGC) is a government-industry committee made up of representatives
from the United States and Canada. For historical information about the
TMGC see: http://www.bio.gc.ca/info/intercol/tmgc-cogst/index-en.php.
Each year, the TMGC recommends a shared quota for each stock based on
the most recent stock information and the TMGC's harvest strategy. The
TMGC's harvest strategy for setting catch levels is to maintain a low
to neutral risk (less than 50 percent) of exceeding the fishing
mortality limit for each stock. The harvest strategy also specifies
that when stock conditions are poor, fishing mortality should be
further reduced to promote stock rebuilding. The shared quotas are
allocated between the United States and Canada based on a formula that
considers historical catch (10-percent weighting) and the current
resource distribution (90-percent weighting).
For GB yellowtail flounder, the Council's Scientific and
Statistical Committee (SSC) also recommends an acceptable biological
catch (ABC) for the stock. The ABC is typically used to inform the U.S.
TMGC's discussions with Canada for the annual shared quota. Although
the stock is jointly managed with Canada, and the TMGC recommends
annual shared quotas, the Council may not set catch limits that would
exceed the SSC's recommendation. The SSC does not recommend ABCs for
eastern GB cod and haddock because they are management units of the
total GB cod and haddock stocks. The SSC recommends overall ABCs for
the total GB cod and haddock stocks. The shared U.S./Canada quota for
eastern GB cod and haddock is included in these overall ABCs, and must
be consistent with the SSC's recommendation for the total GB stocks.
2019 U.S./Canada Quotas
The Transboundary Resources Assessment Committee conducted
assessments for the three transboundary stocks in July 2018, and
detailed summaries of these assessments can be found at: https://www.nefsc.noaa.gov/assessments/trac/. The TMGC met in September 2018 to
recommend shared quotas for 2019 based on the updated assessments, and
the Council adopted the TMGC's recommendations in Framework 58. The
proposed 2019 shared U.S./Canada quotas, and each country's allocation,
are listed in Table 1.
Table 1--Proposed 2019 Fishing Year 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........................................... 650 30,000 140
[[Page 16443]]
U.S. Quota................................................... 189 (29%) 15,000 (50%) 106 (76%)
Canadian Quota............................................... 461 (71%) 15,000 (50%) 34 (24%)
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The proposed 2019 U.S. quotas for eastern GB cod, eastern GB
haddock, and GB yellowtail would represent 26-percent, 4-percent, and
50-percent decreases, respectively, compared to 2018. The quota
decreases are due to decreases in biomass for each stock, despite
increases in the portion of the shared quota that is allocated to the
United States for each stock. For a more detailed discussion of the
TMGC's 2019 catch advice, see the TMGC's guidance document that will be
posted at: https://www.greateratlantic.fisheries.noaa.gov/. The 2019
U.S. quotas for eastern GB cod, eastern GB haddock, and GB yellowtail
that are proposed in Framework Adjustment 58, if approved, will replace
the 2019 quotas previously specified for these stocks (84 FR 8282;
March 7, 2019). This is discussed further in Section 3, Catch Limits
for the 2019-2020 Fishing Years.
The regulations implementing the U.S./Canada Resource Sharing
Understanding require deducting any overages of the U.S. quota for
eastern GB cod, eastern GB haddock, or GB yellowtail flounder from the
U.S. quota in the following fishing year. If catch information for the
2018 fishing year indicates that the U.S. fishery exceeded its quota
for any of the shared stocks, we will reduce the respective U.S. quotas
for the 2019 fishing year in a future management action, as close to
May 1, 2019, 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 be applied only to that
fishery's allocation in the following fishing year. This ensures that
catch by one component of the overall fishery does not negatively
affect another component of the overall fishery.
3. Catch Limits for Fishing Years 2019-2020
Summary of the Proposed Catch Limits
Tables 2 through 8 show the proposed catch limits for the 2019-2020
fishing years. A brief summary of how these catch limits were developed
is provided below. More details on the proposed catch limits for each
groundfish stock can be found in Appendix II (Calculation of Northeast
Multispecies Annual Catch Limits, FY 2019-FY 2020) to the Framework 58
Environmental Assessment (see ADDRESSES for information on how to get
this document).
Framework 57 (83 FR 18985; May 1, 2018) previously set quotas for
all groundfish stocks for fishing years 2019-2020. Only the eastern
portion of the GB cod stock, jointly managed with Canada, did not have
a 2019 quota set in Framework 57. Through Framework 58, the Council
proposes to adopt new catch limits for 7 of the 20 groundfish stocks
for the 2019-2020 fishing years. The fishing year 2019 quotas
previously set by Framework 57 will be in effect on May 1, 2019, unless
and until replaced by the quotas proposed in this action. A default
quota for GB cod will be in effect from May 1, 2019, through July 31,
2019.
Overfishing Limits and Acceptable Biological Catches
The overfishing limit (OFL) serves as the maximum amount of fish
that can be caught in a year without constituting overfishing. The OFL
for each stock is calculated using the estimated stock size and
FMSY (i.e., the fishing mortality rate that, if applied over
the long term, would result in maximum sustainable yield). The OFL does
not account for scientific uncertainty, so the SSC typically recommends
an ABC that is lower than the OFL in order to account for this
uncertainty. Usually, the greater the amount of scientific uncertainty,
the lower the ABC is set compared to the OFL. For GB cod, GB haddock,
and GB yellowtail flounder, the total ABC is then reduced by the amount
of the Canadian quota (see Table 1 for the Canadian and U.S. shares of
these stocks). Additionally, although GB winter flounder, white hake,
and Atlantic halibut are not jointly managed with Canada, there is some
Canadian catch of these stocks. Because the total ABC must account for
all sources of fishing mortality, expected Canadian catch of GB winter
flounder (45 mt), white hake (33 mt), and Atlantic halibut (33 mt) is
deducted from the total ABC. The U.S. ABC is the amount available to
the U.S. fishery after accounting for Canadian catch (see Table 2). For
stocks without Canadian catch, the U.S. ABC is equal to the total ABC.
Based on the SSC's recommendation, the Council recommended
continuing to set the OFL as unknown for GB yellowtail flounder. An
empirical stock assessment is used for this stock, and the assessment
can no longer provide quantitative estimates of the status
determination criteria. No historical estimates of biomass, fishing
mortality rate, or recruitment can be calculated because a stock
assessment model framework is lacking. Status determination relative to
reference points is not possible because reference points cannot be
defined. In the absence of an assessment model, the empirical approach
based on survey catches indicates stock condition is poor, given a
declining trend in survey biomass despite reductions in catch to
historical low levels. Total catch has declined in recent years and is
at the lowest value in the time series. The stock has been experiencing
below average recruitment and a truncation of age structure. Stock
biomass is low and productivity is poor.
In the temporary absence of an OFL, given recent catch data, we
have preliminarily determined that the GB yellowtail flounder ABC is a
sufficient limit for preventing overfishing and is consistent with the
National Standards. As an index-assessed stock, an estimate of the
probability of overfishing cannot be determined, but the proposed ABC
is based on an exploitation rate applied to the most recent estimate of
stock size. The proposed ABC is a substantial reduction (53 percent)
from the 2018 ABC in light of stock conditions and continued low survey
biomass. We previously approved setting the OFL as unknown for GB
yellowtail flounder as part of Framework 57, and we are continuing to
develop guidance on setting status determination criteria and relevant
catch limits in cases when an empirical assessment cannot provide
numerical estimates of traditional reference points.
[[Page 16444]]
Table 2--Proposed Fishing Years 2019-2020 Overfishing Limits and Acceptable Biological Catches
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
2019 2020
Stock -------------------------------- Percent change -------------------------------
OFL U.S. ABC from 2018 OFL U.S. ABC
----------------------------------------------------------------------------------------------------------------
GB Cod *........................ 3,047 1,824 15 3,047 2,285
GOM Cod......................... 938 703 0 938 703
GB Haddock *.................... 99,757 58,114 19 100,825 73,114
GOM Haddock..................... 16,038 12,490 -5 13,020 10,186
GB Yellowtail Flounder *........ UNK 106 -50 UNK 168
SNE/MA Yellowtail Flounder...... 90 68 0 90 68
CC/GOM Yellowtail Flounder...... 736 511 0 848 511
American Plaice................. 2,099 1,609 -7 1,945 1,492
Witch Flounder.................. UNK 993 0 UNK 993
GB Winter Flounder.............. 1,182 810 0 1,756 810
GOM Winter Flounder............. 596 447 0 596 447
SNE/MA Winter Flounder.......... 1,228 727 0 1,228 727
Redfish......................... 15,640 11,785 2 15,852 11,942
White Hake...................... 3,898 2,938 0 3,916 2,938
Pollock......................... 53,940 40,172 0 57,240 40,172
N Windowpane Flounder........... 122 92 0 122 92
S Windowpane Flounder........... 631 473 0 631 473
Ocean Pout...................... 169 127 0 169 127
Atlantic Halibut................ UNK 104 0 UNK 104
Atlantic Wolffish............... 120 90 0 120 90
----------------------------------------------------------------------------------------------------------------
CC = Cape Cod; N = Northern; S = Southern; UNK = Unknown.
* Only the GB cod, GB haddock, and GB yellowtail stocks have changes from the 2019 U.S. ABCs previously approved
in Framework 57.
Annual Catch Limits
Development of Annual Catch Limits
The U.S. ABC for each stock is divided among the various fishery
components to account for all sources of fishing mortality. First, an
estimate of catch expected from state waters and the ``other'' sub-
component (e.g., non-groundfish fisheries or some recreational
groundfish fisheries) is deducted from the U.S. ABC. These sub-
components are not subject to specific catch controls by the FMP. As a
result, the state waters and other sub-components are not allocations,
and these sub-components of the fishery are not subject to AMs if the
catch limits are exceeded. After the state and other sub-components are
deducted, the remaining portion of the U.S. ABC is distributed to the
fishery components that receive an allocation for the stock. Components
of the fishery that receive an allocation are subject to AMs if they
exceed their respective catch limit during the fishing year. A fishing
year 2017 overage of the GOM cod allocation is discussed in detail in
Section 5, Adjustments Due to Fishing Year 2017 Overage.
Once the U.S. ABC is divided, sub-annual catch limits (sub-ACL) are
set by reducing the amount of the ABC distributed to each component of
the fishery to account for management uncertainty. Management
uncertainty seeks to account for the possibility that management
measures will result in a level of catch greater than expected. For
each stock and fishery component, management uncertainty is estimated
using the following criteria: Enforceability and precision of
management measures; adequacy of catch monitoring; latent effort; and
whether the composition of catch includes landings and discards, or is
all discards. The total ACL is the sum of all of the sub-ACLs and state
and other sub-components, and is the catch limit for a particular year
after accounting for both scientific and management uncertainty.
Landings and discards from all fisheries (commercial and recreational
groundfish fisheries, state waters, and non-groundfish fisheries) are
counted against the ACL for each stock.
Sector and Common Pool Allocations
For stocks allocated to sectors, the commercial groundfish sub-ACL
is further divided into the non-sector (common pool) sub-ACL and the
sector sub-ACL, based on the total vessel enrollment in sectors and the
cumulative potential sector contributions (PSC) associated with those
sectors. The preliminary sector and common pool sub-ACLs proposed in
this action are based on fishing year 2019 PSCs and fishing year 2018
sector rosters. All permits enrolled in a sector, and the vessels
associated with those permits, have until April 30, 2019, to withdraw
from a sector and fish in the common pool for the 2019 fishing year. In
addition to the enrollment delay, all permits that change ownership
after December 1, 2018, may join a sector (or change sector) through
April 30, 2019. The final sector and common pool sub-ACLs will be based
on final 2019 sector rosters.
Common Pool Total Allowable Catches
The common pool sub-ACL for each stock (except for SNE/MA winter
flounder, both windowpane flounder stocks, ocean pout, Atlantic
wolffish, and Atlantic halibut) is further divided into trimester TACs.
The distribution of the common pool sub-ACLs into trimesters was
adopted in Amendment 16 to the FMP (75 FR 18262; April 9, 2010) and was
based on landing patterns at that time. Framework 57 (83 FR 18985; May
1, 2018) revised the apportionment of TACs among the trimesters. Once
we project that 90 percent of the trimester TAC is caught for a stock,
the trimester TAC area for that stock is closed for the remainder of
the trimester. The closure applies to all common pool vessels fishing
on a groundfish trip with gear capable of catching the pertinent stock.
Any uncaught portion of the TAC in Trimester 1 or Trimester 2 is
carried forward to the next trimester. Overages of the Trimester 1 or
Trimester 2 TAC are deducted from the Trimester 3 TAC. Any overages of
the total common pool sub-ACL are deducted from the following fishing
year's common pool sub-ACL for that stock. Uncaught portions of any
trimester TAC may not be carried over into the following fishing year.
Table 5 summarizes the
[[Page 16445]]
common pool trimester TACs proposed in this action.
Incidental catch TACs are also specified for certain stocks of
concern (i.e., stocks that are overfished or subject to overfishing)
for common pool vessels fishing in the special management programs
(i.e., special access programs (SAP) and the Regular B Days-at-Sea
(DAS) Program), in order to limit the catch of these stocks under each
program. Tables 6 through 8 summarize the proposed Incidental Catch
TACs for each stock and the distribution of these TACs to each special
management program.
In fishing year 2017, GOM cod catch exceeded the total ACL and ABC,
but not the OFL (Table 10). This overage and the required payback are
discussed in detail in Section 5, Adjustments Due to Fishing Year 2017
Overage. The TACs for GOM cod in Tables 5 through 8 have been adjusted
for this overage.
Closed Area I Hook Gear Haddock SAP
The Omnibus Essential Fish Habitat Amendment (OHA2) (83 FR 15240;
April 9, 2018) eliminated the year-round closure of Closed Area I. When
OHA2 eliminated Closed Area I, the Closed Area I Hook Gear Haddock SAP
was no longer necessary, because the geographic area is now an open
area accessible to the groundfish fleet (with the exception of the GB
Dedicated Habitat Research Area and the Seasonal Closed Area I North
closure). However, the Closed Area I Hook Gear Haddock SAP is still
part of the FMP. We are required by the FMP to allocate an Incidental
Catch Total Allowable Catch for GB cod, which is split between the
Closed Area I Hook Gear Haddock SAP, Regular B Days-at-Sea Program, and
the Eastern U.S./Canada Haddock SAP (Table 7). However, this allocation
(0.1 mt) is a minor portion of the quota, and this is not expected to
have any negative impacts for the common pool fishery. Additionally,
overall fishing effort by both common pool and sector vessels in the
Closed Area I Hook Gear Haddock SAP is controlled by an overall TAC for
GB haddock, which is the target species for this SAP. The GB haddock
TAC for the SAP is based on the amount allocated to this SAP for the
2004 fishing year (1,130 mt) and adjusted according to the growth or
decline of the western GB haddock biomass in relationship to its size
in 2004. Based on this formula, the Council's proposed GB Haddock TAC
for this SAP is 3,454 mt for the 2019 fishing year and 3,673 for the
2020 fishing year. Until the Council revises the allocations to the
Closed Area I Hook Gear Haddock SAP, a portion of the quotas will be
allocated to the program, and will be unavailable to be caught. Because
no vessel will need to declare into the program, no catch will count
against the SAP's quotas.
Default Catch Limits for 2021
Framework 53 established a mechanism for setting default catch
limits in the event a future management action is delayed. If final
catch limits have not been implemented by the start of a fishing year
on May 1, then default catch limits are set at 35 percent of the
previous year's catch limit, effective until July 31 of that fishing
year, or when replaced by new catch limits. If this value exceeds the
Council's recommendation for the upcoming fishing year, the default
catch limits will be reduced to an amount equal to the Council's
recommendation for the upcoming fishing year. Because groundfish
vessels are not able to fish if final catch limits have not been
implemented, this measure was established to prevent disruption to the
groundfish fishery. Additional description of the default catch limit
mechanism is provided in the preamble to the Framework 53 final rule
(80 FR 25110; May 1, 2015).
Table 3--Proposed Catch Limits for the 2019 Fishing Year
[Mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary Preliminary Midwater State
Stock Total Groundfish sector sub- common pool Recreational trawl Scallop Small-mesh waters sub- Other sub-
ACL sub-ACL ACL sub-ACL sub-ACL fishery fishery fisheries component component
A to H A + B + C A B C D E F G H
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod *..................... 1,741 1,568 1,536 32 .............. ......... ........ .......... 18 155
GOM Cod...................... 666 610 378 12 220 ......... ........ .......... 47 9
GB Haddock *................. 55,249 53,276 52,896 380 .............. 811 ........ .......... 581 581
GOM Haddock.................. 11,803 11,506 8,219 93 3,194 116 ........ .......... 91 91
GB Yellowtail Flounder *..... 103 85 83 1 .............. ......... 16.5 2.0 0.0 0.0
SNE/MA Yellowtail Flounder... 66 32 26 6 .............. ......... 15 .......... 2 17
CC/GOM Yellowtail Flounder... 490 398 381 17 .............. ......... ........ .......... 51 41
American Plaice.............. 1,532 1,467 1,442 26 .............. ......... ........ .......... 32 32
Witch Flounder *............. 948 854 835 18 .............. ......... ........ .......... 40 55
GB Winter Flounder *......... 786 774 768 6 .............. ......... ........ .......... 0 12
GOM Winter Flounder *........ 428 355 337 18 .............. ......... ........ .......... 67 7
SNE/MA Winter Flounder....... 700 518 456 62 .............. ......... ........ .......... 73 109
Redfish...................... 11,208 10,972 10,921 51 .............. ......... ........ .......... 118 118
White Hake................... 2,794 2,735 2,715 21 .............. ......... ........ .......... 29 29
Pollock...................... 38,204 37,400 37,170 230 .............. ......... ........ .......... 402 402
N Windowpane Flounder........ 86 63 na 63 .............. ......... 18 .......... 2 3
S Windowpane Flounder........ 457 53 na 53 .............. ......... 158 .......... 28 218
Ocean Pout................... 120 94 na 94 .............. ......... ........ .......... 3 23
Atlantic Halibut *........... 100 75 na 75 .............. ......... ........ .......... 21 4
Atlantic Wolffish............ 84 82 na 82 .............. ......... ........ .......... 1 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
na: Not allocated.
* These stocks have changes from the 2019 allocations previously approved in Framework 57.
[[Page 16446]]
Table 4--Proposed Catch Limits for the 2020 Fishing Year
[Mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Preliminary Preliminary Midwater State
Stock Total Groundfish sector sub- common pool Recreational trawl Scallop Small-mesh waters sub- Other sub-
ACL sub-ACL ACL sub-ACL sub-ACL fishery fishery fisheries component component
A to H A + B + C A B C D E F G H
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod *..................... 2,182 1,965 1,925 40 .............. ......... ........ .......... 23 194
GOM Cod...................... 666 610 378 12 220 ......... ........ .......... 47 9
GB Haddock *................. 69,509 67,027 66,549 478 .............. 1,020 ........ .......... 731 731
GOM Haddock.................. 9,626 9,384 6,703 76 2,605 95 ........ .......... 74 74
GB Yellowtail Flounder *..... 163 134 132 2 .............. ......... 26 3 0 0
SNE/MA Yellowtail Flounder... 66 31 25 6 .............. ......... 16 .......... 2 17
CC/GOM Yellowtail Flounder... 490 398 381 17 .............. ......... ........ .......... 51 41
American Plaice.............. 1,420 1,361 1,337 24 .............. ......... ........ .......... 30 30
Witch Flounder *............. 948 854 835 18 .............. ......... ........ .......... 40 55
GB Winter Flounder *......... 786 774 768 6 .............. ......... ........ .......... 0 12
GOM Winter Flounder *........ 428 355 337 18 .............. ......... ........ .......... 67 7
SNE/MA Winter Flounder....... 700 518 456 62 .............. ......... ........ .......... 73 109
Redfish...................... 11,357 11,118 11,066 52 .............. ......... ........ .......... 119 119
White Hake................... 2,794 2,735 2,715 21 .............. ......... ........ .......... 29 29
Pollock...................... 38,204 37,400 37,170 230 .............. ......... ........ .......... 402 402
N Windowpane Flounder........ 86 63 na 63 .............. ......... 18 .......... 2 3
S Windowpane Flounder........ 457 53 na 53 .............. ......... 158 .......... 28 218
Ocean Pout................... 120 94 na 94 .............. ......... ........ .......... 3 23
Atlantic Halibut *........... 100 75 na 75 .............. ......... ........ .......... 21 4
Atlantic Wolffish............ 84 82 na 82 .............. ......... ........ .......... 1 1
--------------------------------------------------------------------------------------------------------------------------------------------------------
na: Not allocated.
* These stocks have changes from the 2020 allocations previously approved in Framework 57.
Table 5--Proposed Fishing Years 2019-2020 Common Pool Trimester TACs
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
2019 2020
Stock -----------------------------------------------------------------------------------
Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3
----------------------------------------------------------------------------------------------------------------
GB Cod...................... 8.9 10.8 12.1 11.2 13.6 15.2
GOM Cod..................... 5.7 3.8 2.1 5.8 3.9 2.1
GB Haddock.................. 102.7 125.5 152.1 129.2 157.9 191.3
GOM Haddock................. 25.1 24.1 43.6 20.4 19.7 35.6
GB Yellowtail Flounder...... 0.2 0.4 0.7 0.4 0.6 1.0
SNE/MA Yellowtail Flounder.. 1.3 1.7 3.2 1.3 1.7 3.1
CC/GOM Yellowtail Flounder.. 9.7 4.4 2.9 9.7 4.4 2.9
American Plaice............. 19.2 2.1 4.7 17.8 1.9 4.3
Witch Flounder.............. 10.2 10.2 10.2 10.2 3.7 4.6
GB Winter Flounder.......... 0.5 1.5 4.3 0.5 1.5 4.3
GOM Winter Flounder......... 6.5 6.7 4.4 6.5 6.7 4.4
Redfish..................... 12.8 15.9 22.5 13.0 16.1 22.8
White Hake.................. 7.8 6.4 6.4 7.8 6.4 6.4
Pollock..................... 64.4 80.5 85.1 64.4 80.5 85.1
----------------------------------------------------------------------------------------------------------------
Table 6--Proposed Common Pool Incidental Catch TACs for the 2019-2020 Fishing Years
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
Percentage of
Stock common pool sub- 2019 2020
ACL
----------------------------------------------------------------------------------------------------------------
GB cod....................................................... 2 0.64 0.80
GOM cod...................................................... 1 0.12 0.12
GB yellowtail flounder....................................... 2 0.03 0.04
CC/GOM yellowtail flounder................................... 1 0.17 0.17
American Plaice.............................................. 5 1.29 1.20
Witch Flounder............................................... 5 0.92 0.92
SNE/MA winter flounder....................................... 1 0.62 0.62
----------------------------------------------------------------------------------------------------------------
[[Page 16447]]
Table 7--Percentage of Incidental Catch TACs Distributed to Each Special Management Program
----------------------------------------------------------------------------------------------------------------
Closed Area I
Regular B DAS hook gear Eastern U.S./
Stock program (%) haddock SAP CA haddock SAP
(%) (%)
----------------------------------------------------------------------------------------------------------------
GB cod.......................................................... 50 16 34
GOM cod......................................................... 100 na na
GB yellowtail flounder.......................................... 50 na 50
CC/GOM yellowtail flounder...................................... 100 na na
American Plaice................................................. 100 na na
Witch Flounder.................................................. 100 na na
SNE/MA winter flounder.......................................... 100 na na
----------------------------------------------------------------------------------------------------------------
Table 8--Proposed Fishing Years 2019-2020 Incidental Catch TACs for Each Special Management Program
[Mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regular B DAS program Closed Area I hook gear Eastern U.S./Canada haddock
-------------------------------- haddock SAP SAP
Stock ---------------------------------------------------------------
2019 2020 2019 2020 2019 2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB cod.................................................. 0.32 0.40 0.10 0.13 0.22 0.27
GOM cod................................................. 0.12 0.12 na na na na
GB yellowtail flounder.................................. 0.01 0.02 na na 0.01 0.02
CC/GOM yellowtail flounder.............................. 0.17 0.17 na na na na
American Plaice......................................... 1.29 1.20 na na na na
Witch Flounder.......................................... 0.92 0.92 na na na na
SNE/MA winter flounder.................................. 0.62 0.62 na na na na
--------------------------------------------------------------------------------------------------------------------------------------------------------
4. Adjustments Due to Fishing Year 2017 Overage
If an overall ACL is exceeded due to catch from vessels fishing
outside of an allocated fishery, the overage is distributed to the
components of the fishery with an allocation. If a fishery component's
catch and its share of the ACL overage exceed the component's
allocation, then the applicable AMs must be implemented. The commercial
groundfish fishery AMs require a pound-for-pound reduction of the
applicable sector or common pool sub-ACL following either component's
overage. The recreational fishery AMs require a modification to that
fishery's management measures.
In fishing year 2017, GOM cod catch exceeded the total ACL and ABC,
but not the OFL (Table 9). We notified the Council of the overage and
payback amounts in October 2018. This proposed rule includes a
description of the fishing year 2017 catch overage and required
adjustments to fishing year 2019 allocations. These adjustments are not
part of Framework 58. We are announcing them in conjunction with
Framework 58 proposed measures because they relate to the catch limits
proposed in Framework 58.
Total GOM cod catch in fishing year 2017 exceeded the total ACL due
to a combination of excess catch from the recreational fishery, the
state waters sub-component, and the other sub-component (non-groundfish
Federal fisheries). Both the sector and common pool sub-ACLs were
underharvested. The recreational fishery's overage of its fishing year
2017 sub-ACL was addressed by a change in recreational fishery
management measures for fishing year 2018 to prevent a subsequent
overage (83 FR 18972; May 1, 2018). The remaining overage (61.4 mt) due
to catch by the state waters sub-component and other sub-component
(unallocated components) must be distributed among the common pool,
sectors, and the recreational fishery in proportion to their shares of
the fishing year 2017 groundfish fishery ACL as though each of those
components had caught that amount. The commercial fishery AM for
overages is a pound-for-pound payback that results in a deduction of
the overage amount from the fishing year 2019 commercial fishery sub-
ACLs. The sector and common pool sub-ACL underages in fishing year 2017
reduce the adjustment necessary to the fishing year 2019 sector and
common pool sub-ACLs. The portion of the overage allocated to the
recreational fishery does not result in a pound-for-pound reduction of
the recreational sub-ACL. As discussed above, the portion of the catch
overage attributed to the recreational fishery was addressed by a
change in recreational measures for 2018.
Table 10 shows the proportion (as a percentage) of the unallocated
overage attributed to each component, the amount (mt) of the
unallocated overage attributed to each sub-component, the amount (mt)
of any overage of each component's sub-ACL, and amount (mt) that must
be paid back by each component. Table 11 shows revised fishing year
2019 GOM cod allocations incorporating these payback amounts.
Table 9--2017 ABC, ACL, Catch, and Overage
[Mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Unallocated
Stock U.S. ABC Total ACL Catch Total overage overage
--------------------------------------------------------------------------------------------------------------------------------------------------------
GOM Cod............................................................ 500 473 612.6 139.6 61.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 16448]]
Table 10--2019 Payback Calculations and Amounts
[Mt, live weight]
----------------------------------------------------------------------------------------------------------------
Component Proportion (%) Amount Underage Payback
----------------------------------------------------------------------------------------------------------------
Sectors......................................... 64 39.4 10.5 28.8
Common Pool..................................... 2 1.3 0.9 0.4
Recreational.................................... 34 20.7 0 (*)
----------------------------------------------------------------------------------------------------------------
* The recreational fishery does not have pound-for-pound payback.
Table 11--Revised 2019 Allocations
[Mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Initial Revised
Groundfish sub- Initial Revised preliminary preliminary
Stock Total ACL ACL preliminary preliminary common pool sub- common pool sub-
sector sub-ACL sector sub-ACL ACL ACL
--------------------------------------------------------------------------------------------------------------------------------------------------------
GOM Cod........................................... 666 610 378 349.20 12 11.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
5. Rebuilding Programs
Framework 58 would revise or implement new rebuilding plans for
five stocks: GB winter flounder; SNE/MA yellowtail flounder; witch
flounder, northern windowpane flounder; and ocean pout. The deadline to
implement these rebuilding plans is August 31, 2019. The SSC advised
that revising the ABCs for fishing years 2019 and 2020 is not warranted
for the development of the new rebuilding plans because these ABCs were
set with the most recent assessments in 2017. Therefore, the 2019 and
2020 ABCs set in Framework 57 were incorporated in developing the
proposed rebuilding plans. These rebuilding plans would be initiated in
2019 and therefore January 1, 2020, would be the first year of the
rebuilding plan for all stocks.
The current rebuilding strategies for GB winter flounder, witch
flounder, and northern windowpane flounder were adopted in 2010, and
all three rebuilding programs were scheduled to rebuild their
respective stocks by 2017. The current ocean pout rebuilding strategy
was adopted in 2004 and was expected to rebuild the stock by 2014. The
SNE/MA yellowtail flounder stock was previously determined to be
rebuilt in 2012 based on revised reference points. In 2015, updated
scientific information revised our understanding of the status of these
stocks. As a result, on August 31, 2017, we notified the Council that
the GB winter flounder, witch flounder, northern windowpane flounder,
and ocean pout stocks were not making adequate rebuilding progress and
that SNE/MA yellowtail flounder is now overfished, and subject to
overfishing. Subsequently, on November 1, 2018, we notified the Council
that, based on the 2017 assessment, the GB winter flounder stock was
never overfished, nor experiencing overfishing, but that it is
approaching an overfished condition. Because GB winter flounder is
approaching an overfished condition, we recommended the Council still
revise the GB winter flounder rebuilding plan, rather than discontinue
it.
The Magnuson-Stevens Act requires that overfished stocks be rebuilt
as quickly as possible, not to exceed 10 years when biologically
possible, while accounting for the needs of fishing communities.
Rebuilding plans must have at least a 50-percent probability of
success. Selection of a rebuilding plan with a higher probability of
success is one way of addressing uncertainty, but this does not affect
the standard used in the future to determine whether a stock is
rebuilt. The minimum rebuilding time (Tmin) is the amount of
time a stock is expected to take to rebuild to the biomass (B)
associated with maximum sustainable yield (MSY) in the absence of any
fishing mortality (F). The actual timeline set with a rebuilding plan
(Ttarget) may be greater than Tmin, but cannot
exceed the maximum rebuilding time (Tmax). Tmax
is 10 years if Tmin is less than 10 years. In situations
where Tmin exceeds 10 years, Tmax establishes a
maximum time for rebuilding that is linked to the biology of the stock.
Stocks With Projections
The GB winter flounder and SNE/MA yellowtail flounder stock
assessments are based on analytical models that provide projections of
B. Long-term catch projections for groundfish stocks tend to
underestimate fishing mortality and overestimate stock biomass. The
inherent uncertainty surrounding long-term projections makes it
difficult to estimate the fishing mortality rate that is required to
rebuild the stock by Ttarget (Frebuild). This
uncertainty is due, in part, to the estimate's dependence on future
recruitment (the amount of age-1 fish added to the stock each year),
which is difficult to predict. If recruitment does not increase as
projected, then progress towards rebuilding occurs at a much slower
pace or building to BMSY is not possible.
The GB winter flounder and SNE/MA yellowtail flounder rebuilding
programs proposed in this action would rebuild the stocks within 10
years, or by 2029, which is the maximum time period allowed by the
Magnuson-Stevens Act. The basis for setting Ttarget =
Tmax is that recruitment may not increase as assumed in the
projections. Recent recruitment estimates for both stocks have been
relatively low, which make the Tmin projections likely to be
overly optimistic. The proposed rebuilding plan for GB winter flounder
would set Frebuild at 70 percent of FMSY with a
77-percent probability of achieving BMSY. The proposed
rebuilding plan for SNE/MA yellowtail flounder would set
Frebuild at 70 percent of FMSY with an 82-percent
probability of achieving BMSY. Tmin for both GB
winter flounder and SNE/MA yellowtail flounder is 3 years, rebuilding
by the end of 2022. As explained in more detail in Appendix III of the
EA (see ADDRESSES), the proposed rebuilding programs intend to address
the needs of fishing communities as much as practicable, as well as
factor in past performance of groundfish catch projections in order to
increase the likelihood of rebuilding success.
The Council's default control rule for setting catch limits
requires that catches be set based on 75 percent of FMSY or
Frebuild, whichever is lower. Typically, when a stock was in
a rebuilding program, initial catch advice was based
[[Page 16449]]
on 75 percent of FMSY. Updated assessments often resulted in
large reductions in catch advice through large reductions in the
estimates of Frebuild below 75 percent of FMSY as
the rebuilding time shortens. Rebuilding progress for many groundfish
stocks has often occurred slower than expected due to recruitment not
increasing as projected, which leads to dramatic reductions in catch
limits as the rebuilding end date gets closer. When Frebuild
approaches zero, Frebuild is less likely to be used for
setting catch limits because of the impact on catch of other stocks in
the multispecies complex. Selecting Frebuild levels that are
more conservative than the control rule (75 percent of FMSY)
helps to avoid this problem.
Stocks Without Projections
The stock assessments for northern windowpane flounder, ocean pout,
and witch flounder do not have analytical models and catch projections
are not possible. Therefore, Tmin for F0 is
undefined, and Tmin could be less than or greater than 10
years. Without Tmin, no direct methods for estimating
Tmax are available. Under the groundfish control rule, most
stocks would be expected to rebuild in 10 years when fishing at 75
percent of FMSY. However, for northern windowpane flounder,
ocean pout, and witch flounder, rebuilding was not achieved as
previously planned despite application of the control rule and
prohibiting possession of this stock. For northern windowpane flounder
and ocean pout, no aging data is currently available. Therefore, an
evaluation of mean generation time for these two stocks is not
possible. Recently, overfishing ended on northern windowpane flounder,
which could be a positive sign for potential stock growth and indicate
that a Ttarget of 10 years could be appropriate. Ocean pout
has not responded to low catches, despite low relative F, indicating a
Ttarget of 10 years may be too short.
Witch flounder are a long-lived species, and a Ttarget
of 10 years may be too short given their life history. However, in the
previously developed witch flounder rebuilding plan, the stock was able
to rebuild according to the projections. In addition, there were signs
of a relatively large incoming year class (2013) in multiple surveys,
which could indicate rebuilding is possible for this stock. A recent
examination of the witch flounder yield-per-recruit analysis completed
in the 2017 assessment suggests a mean generation time of 11.3 years at
F0. Following National Standard 1 guidelines (81 FR 71858;
October 16, 2016), two times the mean generation time results in 23
years (11.3 x 2 = 22.6, rounded up to 23), and was used as the basis
for calculating Tmax for the witch flounder rebuilding plan.
The proposed rebuilding plan for northern windowpane flounder would
set Frebuild at 70 percent of FMSY and
Ttarget at 10 years, rebuilding by the end of 2029. The
proposed rebuilding plan for ocean pout would set Frebuild
at 70 percent of FMSY and TTarget at 10 years,
rebuilding by the end of 2029. The proposed witch flounder rebuilding
plan would set Frebuild as an exploitation rate of 6 percent
(or otherwise determined in a future stock assessment) and
Ttarget at 23 years, rebuilding by the end of 2043. The
northern windowpane flounder, ocean pout, and witch flounder
assessments are index-based and do not have projections, which prevents
calculating probabilities of achieving BMSY. Additional
considerations by stock are discussed in Appendix III of the EA (see
ADDRESSES).
6. Revision to the Georges Bank Yellowtail Flounder Accountability
Measure Trigger for Scallop Vessels
The scallop fishery is allocated sub-ACLs for four stocks: GB
yellowtail flounder; SNE/MA yellowtail flounder; northern windowpane
flounder; and southern windowpane flounder. These allocations are made
to manage the scallop fishery's bycatch of these stocks and mitigate
potential negative impacts to the groundfish fishery. Framework 47 (77
FR 26104; May 2, 2012) established a policy for triggering scallop
fishery AMs. The AMs are triggered if either the scallop fishery
exceeds its sub-ACL for a stock and the overall ACL for that stock is
exceeded, or the scallop fishery exceeds its sub-ACL for a stock by 50
percent or more. Framework 56 (82 FR 35660; August 1, 2017) made a
change to this policy for GB yellowtail flounder to remove the second
trigger for the 2017 and 2018 fishing years. For these years, the AMs
for GB yellowtail flounder are triggered only if the scallop fishery
exceeds its sub-ACL and the overall ACL is exceeded. Framework 58 would
extend this provision for GB yellowtail flounder for the 2019 and 2020
fishing years.
This measure is intended to provide flexibility for the scallop
fishery to better achieve optimal yield, despite recent reductions in
the ACL, while continuing to prevent overfishing. Framework 58 proposes
to reduce the 2019 GB yellowtail flounder ABC by 50 percent when
compared to 2018, but, in recent years, a significant portion of the
overall ACL has remained uncaught as groundfish vessels have reduced
their catch and avoided the stock. Exceeding the total ACL would
trigger the AM to prevent subsequent ACL overages and correct the cause
of the overage. This measure provides the scallop fishery with
flexibility to adjust to current catch conditions and better achieve
optimum yield while still providing an incentive to avoid yellowtail
flounder. This extension is proposed for only 2 years to provide
further opportunity to assess its performance and to reduce the
potential risk for the groundfish fishery. The underlying policy for
triggering scallop fishery AMs established by Framework 47 would be in
effect for catches in fishery 2021 and beyond. Beginning with catch
during fishing year 2021, the AM would be triggered if either the
scallop fishery exceeds its sub-ACL for a stock and the overall ACL for
that stock is exceeded, or the scallop fishery exceeds its sub-ACL for
a stock by 50 percent or more.
7. Exemption From the U.S. Minimum Fish Sizes for Groundfish Species
for Vessels Fishing Exclusively in the Northwest Atlantic Fisheries
Organization Regulatory Area
U.S. vessels participating in the Northwest Atlantic Fisheries
Organization (NAFO) fishery are prohibited from possessing any fish, or
parts of fish, that do not meet the minimum fish size in the domestic
fishery. Figure 1 shows the NAFO Regulatory Area. Framework 58 would
exempt U.S. vessels on trips fishing exclusively in the NAFO Regulatory
Area from the domestic Northeast Multispecies FMP minimum sizes. On
those trips, the vessels would be required to land fish that met the
NAFO minimum sizes as specified in the NAFO Conservation and
Enforcement Measures (see: https://www.nafo.int/Fisheries/Conservation). A comparison of U.S. domestic and NAFO minimum sizes in
contained in the EA (see ADDRESSES). The NAFO stocks are distinct from
the stocks managed by the Northeast Multispecies FMP. Therefore,
harvest of those stocks does not have a biological impact on U.S.
stocks. NAFO fishing trips also require 100-percent observer coverage.
All catch that comes onboard the vessel is identified and quantified
following NAFO protocols by the fisheries observer. Allowing U.S.
vessels to harvest groundfish using NAFO minimum sizes would enable the
United States to be better stewards of the NAFO resource by reducing
discards that meet the NAFO size standards but are below the domestic
minimum size. Landing the dressed fish, even at sizes less than the
domestic minimum size,
[[Page 16450]]
would not give the NAFO participants a competitive advantage over
domestic fishermen that rely upon the fresh fish market nor would it
negatively affect the fresh fish market. Instead, because the NAFO
catch primarily goes into the frozen market, which is currently
dominated by foreign interests, this is expected to provide U.S.
fishing businesses an opportunity to compete equally in the frozen
market. This would apply to all NAFO species included in the Northeast
Multispecies FMP to proactively facilitate development of U.S.
participation in NAFO, as well as applying to species (yellowtail
flounder and American plaice) already being landed in the U.S.
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TP19AP19.001
BILLING CODE 3510-22-C
8. Administrative Changes and Regulatory Corrections Under Secretarial
Authority
The following changes are being made using Magnuson-Stevens Act
section 305(d) authority to ensure that FMPs or amendments are
implemented in accordance with the Magnuson-Stevens Act.
Days-at-Sea Leasing Deadline
In 2004, Amendment 13 (81 FR 22906; April 27, 2004) established a
days-at-sea (DAS) leasing program to allow vessels to temporarily
transfer DAS to one another as a way to mitigate cuts in DAS
allocations. Historically, all applications to lease DAS were submitted
on paper and NMFS set a March 1 annual deadline to allow for a 45-day
processing window and time to use the DAS prior to the end of the
fishing year on April 30. Nearly all DAS leases are now submitted
electronically and are processed almost immediately. Therefore, we are
using our administrative authority under Sec. 305(d) of the Magnuson-
Stevens Act to push back the application deadline to April 30. This is
intended to facilitate efficient use of groundfish DAS throughout the
fishing year.
At-Sea Catch Reporting
This rule proposes to correct a mistake in the VMS catch report
requirements for vessels fishing in the U.S. Canada Management Areas.
Amendment 16 (75 FR 18262; April 9, 2010) implemented a requirement for
vessels to submit catch reports at-sea via their vessel monitoring
system (VMS) on any trip fishing in multiple broad
[[Page 16451]]
stock areas (BSA) and maintained preexisting requirements for vessels
to submit catch reports for any trip fishing in a special management
program (e.g., the U.S./Canada Management Areas, the Regular B DAS
Program). In the rulemaking for Amendment 16, NMFS initially proposed
to remove the requirement that vessels report statistical area fished
in the VMS catch reports, but the final rule maintained that
requirement to ensure NMFS can accurately attribute catch of GB cod and
GB haddock to accounting of the Eastern U.S./Canada Area quotas for
these stocks. However, the regulatory text implemented by the final
rule inadvertently removed the requirement to report by statistical
area. This rule proposes to revise the regulatory text correctly
capture NMFS published intent to continue requiring VMS catch reports
include catch by statistical area.
The final rule implementing Amendment 16 also included a
requirement that trips fishing in multiple BSAs report catch by BSA in
VMS catch reports because it was necessary to allow NMFS and sectors to
calculate discard rates. In 2013, we revised the VMS reporting
instructions to require vessels to submit catch by statistical area
fished, rather than reporting catch by BSA, for any trip requiring a
VMS catch report. We made this change to create a single VMS form that
would address all required VMS catch reports and eliminate unnecessary
duplication of reporting. However, this change was not consistently
captured in the regulations and remains a source of confusion. In this
rule, we propose to revise the regulations to consistently state that
species kept must be reported by statistical area on all VMS catch
reports.
Citation for Scallop-Yellowtail Quota Transfer
The regulations allocating GB and SNE/MA yellowtail flounder to the
scallop fishery include a mechanism to transfer unused yellowtail
flounder quota from the scallop fishery to the groundfish fishery. The
regulations implementing this provision include an incorrect citation
related to recreational allocations, and this action proposes to
correct this citation.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary determination that
this proposed rule is consistent with Framework 58, other provisions of
the Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment. In making the final determination,
we will consider the data, views, and comments received during the
public comment period.
This proposed rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This proposed rule does not contain policies with federalism or
takings implications as those terms are defined in E.O. 13132 and E.O.
12630, respectively.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual determination for this determination is as follows.
Periodic framework adjustments are used to revise the Northeast
Multispecies FMP in response to new scientific information to support
catch limits that prevent overfishing and other adjustments to improve
management measures included in the FMP. Framework Adjustment 58
proposes to revise catch limits for 7 of the 20 multispecies stocks for
fishing years 2019-2020 (May 1, 2019, through April 30, 2020),
implement rebuilding plans for 5 stocks, revise an accountability
measure, and make other administrative changes to groundfish management
measures. This action is necessary to respond to updated scientific
information and to achieve the goals and objectives of the FMP. The
proposed measures are intended to help prevent overfishing, rebuild
overfished stocks, and achieve optimum yield. The recreational
groundfish, Atlantic sea scallop, small-mesh multispecies, and Atlantic
herring fisheries are also affected by the setting of quotas through
fishery-specific sub-quotas of various groundfish species including:
GOM cod and haddock for the recreational fishery; four flounder stocks
for the Atlantic scallop fishery; GB yellowtail flounder for small-mesh
fisheries; and GOM and GB haddock for the midwater herring fishery.
Analysis of the likely economic impacts of Framework 58 measures
predicts that the proposed action will have overall positive impacts on
fishing vessels, purchasers of seafood products, recreational anglers,
and operators of party/charter businesses.
The Regulatory Flexibility Act (RFA) requires Federal agencies to
consider disproportionality and profitability to determine the
significance of regulatory impacts. For RFA purposes only, NMFS
established a small business size standard for businesses, including
their affiliates, whose primary industry is commercial fishing (see 50
CFR 200.2). A business primarily engaged in commercial fishing (NAICS
code 11411) is classified as a small business if it is independently
owned and operated, is not dominant in its field of operation
(including its affiliates), and has combined annual receipts less than
not in excess of $11 million for all its affiliated operations
worldwide. The determination of whether the entity is large or small is
based on the average annual revenue for the most recent 3 years for
which data are available (from 2015 through 2017).
As of May 1, 2017 (the beginning of the groundfish fishing year
2017), NMFS had issued 887 limited-access groundfish permits associated
with vessels, 423 open access handgear permits, 723 limited access and
general category Atlantic sea scallop permits, 736 small-mesh
multispecies permits, 81 Atlantic herring permits, and 803 permits to
vessels that are not permitted in the groundfish fishery but have been
active in the large-mesh non-groundfish fishery over the past year.
Therefore, this action potentially regulates 3,680 permits. Some of
these permits are issued to the same vessel. When accounting for this
overlap between fisheries, this action potentially regulates 2,368
permitted vessels. Each vessel may be individually owned or part of a
larger corporate ownership structure. For RFA purposes, the proposed
action ultimately regulates the ownership entity. Ownership entities
are identified on June 1 of each year based on the list of all permit
numbers, for the most recent complete calendar year, that have applied
for any type of Northeast Federal fishing permit. The current ownership
data set is based on calendar year 2017 permits and contains gross
sales associated with those permits for calendar years 2015 through
2017.
Based on the ownership data, 1,784 distinct business entities hold
at least one permit that the proposed action potentially regulates. Of
these 1,784 entities, 201 are inactive and do not have revenues. Of the
1,784 entities, 1,774 entities are categorized as small, and 10
entities are categorized as large. All 1,784 entities could be directly
regulated by this proposed action.
The Framework 58 measures would enhance the operational flexibility
of fishermen and increase profits overall. The measures proposed in
Framework 58 are expected to have a positive economic effect on small
entities because they will generate $0.2 million in additional gross
revenues compared
[[Page 16452]]
to not taking action. The measures are also expected to generate $9.3
million in additional gross revenues relative to the most recent
fishing year (2016). The details of these economic analyses are
included in Framework 58 (see ADDRESSES).
Description of Proposed Framework 58 Measures
Annual Catch Limits
This action would set 2019-2020 catch limits for seven groundfish
stocks: GB cod; GB haddock; GB yellowtail flounder; witch flounder; GB
winter flounder; GOM winter flounder; and Atlantic halibut. This action
would also set 2019 catch limits for the three stocks jointly managed
with Canada (Eastern GB cod, Eastern GB haddock, and GB yellowtail
flounder) based on assessments completed in 2018. Compared to 2018,
Framework 58 would increase the U.S. ABC for three stocks and decrease
the ABCs for three stocks. Changes range from modest increases for GB
cod (15 percent) and GB haddock (19 percent) to a 50-percent reduction
for GB yellowtail flounder.
Stock Rebuilding Plans
Framework 58 would revise or implement new rebuilding plans for
five stocks: GB winter flounder, Southern New England/Mid-Atlantic
(SNE/MA) yellowtail flounder, witch flounder, northern windowpane
flounder, and ocean pout. For GB winter flounder, SNE/MA yellowtail
flounder, northern windowpane flounder, and ocean pout the proposed
rebuilding plans would limit fishing mortality to 70 percent of the
level that would result in maximum sustainable yield of the stock (over
the long term) for 10 years, rebuilding these stocks by 2029. For witch
flounder, the proposed rebuilding plan would limit fishing mortality to
the level that would harvest 6 percent of the stock for 23 years,
rebuilding by 2043.
Atlantic Scallop Fishery Accountability Measure Policy
GB yellowtail flounder is a bycatch species for the scallop fishery
and possession by scallop vessels is prohibited. Under this temporary
change, the accountability measure for the scallop fishery's GB
yellowtail quota would only be triggered if the scallop fishery exceeds
its quota for the stock and the overall quota for the stock is also
exceeded. The intent of this change is to provide flexibility for the
scallop fishery to better achieve optimal yield despite reductions in
the overall quota for GB yellowtail flounder, while continuing to
prevent overfishing.
Minimum Fish Size Exemptions for Vessels Fishing Exclusively in the
Northwest Atlantic Fisheries Organization Regulatory Area
U.S. vessels participating in the NAFO fishery are prohibited from
possessing any fish that do not meet the minimum fish size in the
domestic fishery. Framework 58 would exempt U.S. vessels on trips
fishing exclusively in the NAFO Regulatory Area from the domestic
groundfish minimum sizes. This exemption is expected to provide U.S.
fishing businesses an opportunity to compete equally in the frozen
market, but would not give the NAFO participants a competitive
advantage over domestic fishermen that rely upon the fresh fish market,
nor would it negatively affect the fresh fish market.
This action is not expected to have a significant economic impact
on a substantial number of small entities. The effects on the regulated
small entities identified in this analysis are expected to be positive
relative to the no action alternative, which would result in lower
revenues and profits than the proposed action. These measures would
enhance the operational flexibility of groundfish fishermen, and
increase profits. Under the proposed action, small entities would not
be placed at a competitive disadvantage relative to large entities, and
the regulations would not reduce the profits for any small entities
relative to taking no action. As a result, an initial regulatory
flexibility analysis is not required and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: April 15, 2019.
Patricia A. Montanio,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons stated in the preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
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2. In Sec. 648.10, revise paragraph (k)(2) and the first sentence of
paragraph (k)(3) to read as follows:
Sec. 648.10 VMS and DAS requirements for vessel owners/operators.
* * * * *
(k) * * *
(2) Reporting requirements for NE multispecies vessel owners or
operators fishing in more than one broad stock area per trip. Unless
otherwise provided in this paragraph (k)(2), the owner or operator of
any vessel issued a NE multispecies limited access permit that has
declared its intent to fish within multiple NE multispecies broad stock
areas, as defined in paragraph (k)(3) of this section, on the same trip
must submit a hail report via VMS providing a good-faith estimate of
the amount of each regulated species retained (in pounds, landed
weight) and the total amount of all species retained (in pounds, landed
weight), including NE multispecies and species managed by other FMPs,
from each statistical area. This reporting requirement is in addition
to the reporting requirements specified in paragraph (k)(1) of this
section and any other reporting requirements specified in this part.
The report frequency is detailed in paragraphs (k)(2)(i) and (ii) of
this section.
(i) Vessels declaring into GOM Stock Area and any other stock area.
A vessel declared to fish in the GOM Stock Area, as defined in
paragraph (k)(3)(i) of this section, and any other stock area defined
in paragraphs (k)(3)(ii) through (iv) of this section, must submit a
daily VMS catch report in 24-hr intervals for each day by 0900 hr of
the following day. Reports are required even if groundfish species
caught that day have not yet been landed.
(ii) Vessels declaring into multiple broad stock areas not
including GOM Stock Area. A vessel declared into multiple stock areas
defined in paragraphs (k)(3)(ii) through (iv) of this section, not
including the GOM Stock Area I defined in paragraph (k)(3)(i) of this
section, must submit a trip-level report via VMS prior to crossing the
VMS demarcation line, as defined in Sec. 648.10, upon its return to
port following each fishing trip on which regulated species were
caught, as instructed by the Regional Administrator.
(iii) The Regional Administrator may adjust the reporting frequency
specified in paragraph (k)(2) of this section.
(iv) Exemptions from broad stock area VMS reporting requirements.
(A) A vessel is exempt from the reporting requirements specified in
paragraph (k)(2) of this section if it is fishing in a special
management program, as specified in Sec. 648.85, and is required to
submit daily VMS catch reports consistent with the requirements of that
program.
(B) The Regional Administrator may exempt vessels on a sector trip
from the
[[Page 16453]]
reporting requirements specified in this paragraph (k)(2) if it is
determined that such reporting requirements would duplicate those
specified in Sec. 648.87(b).
(3) NE multispecies broad stock areas. For the purposes of the
area-specific reporting requirements listed in paragraph (k)(1) of this
section, the NE multispecies broad stock areas are defined in
paragraphs (k)(3)(i) through (iv) of this section. * * *
* * * * *
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3. In Sec. 648.14, revise paragraphs (a)(7) and (k)(17) to read as
follows:
Sec. 648.14 Prohibitions.
* * * * *
(a) * * *
(7) Possess, import, export, transfer, land, or have custody or
control of any species of fish regulated pursuant to this part that do
not meet the minimum size provisions in this part, unless such species
were harvested exclusively within state waters by a vessel that does
not hold a valid permit under this part, or are species included in the
NE Multispecies Fishery Management Plan that were harvested by a vessel
issued a valid High Seas Fishing Compliance permit that fished
exclusively in the NAFO Regulatory Area.
* * * * *
(k) * * *
(17) Presumptions. For purposes of this part, the following
presumptions apply:
Regulated species possessed for sale that do not meet the minimum
sizes specified in Sec. 648.83 are deemed to have been taken from the
EEZ or imported in violation of these regulations, unless the
preponderance of all submitted evidence demonstrates that such fish
were harvested by a vessel not issued a permit under this part and
fishing exclusively within state waters, or by a vessel issued a valid
High Seas Fishing Compliance permit that fished exclusively in the NAFO
Regulatory Area. This presumption does not apply to fish being sorted
on deck.
* * * * *
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4. In Sec. 648.17, revise paragraph (a)(1) to read as follows:
Sec. 648.17 Exemptions for vessels fishing in the NAFO Regulatory
Area.
* * * * *
(a) Fisheries included under exemption--(1) NE multispecies. A
vessel issued a valid High Seas Fishing Compliance Permit under part
300 of this title and that complies with the requirements specified in
paragraph (b) of this section, is exempt from NE multispecies permit,
mesh size, effort-control, minimum fish size, and possession limit
restrictions, specified in Sec. Sec. 648.4, 648.80, 648.82, 648.83,
and 648.86, respectively, while transiting the EEZ with NE multispecies
on board the vessel, or landing NE multispecies in U.S. ports that were
caught while fishing in the NAFO Regulatory Area.
* * * * *
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5. In Sec. 648.82, revise paragraph (k)(3)(iii) to read as follows:
Sec. 648.82 Effort-control program for NE multispecies limited access
vessels.
* * * * *
(k) * * *
(3) * * *
(iii) Denial of lease application. The Regional Administrator may
deny an application to lease Category A DAS for any of the following
reasons, including, but not limited to: The application is incomplete
or submitted past the April 30 deadline; the Lessor or Lessee has not
been issued a valid limited access NE multispecies permit or is
otherwise not eligible; the Lessor's or Lessee's DAS are under sanction
pursuant to an enforcement proceeding; the Lessor's or Lessee's vessel
is prohibited from fishing; the Lessor's or Lessee's limited access NE
multispecies permit is sanctioned pursuant to an enforcement
proceeding; the Lessor or Lessee vessel is determined not in compliance
with the conditions, restrictions, and requirements of this part; or
the Lessor has an insufficient number of allocated or unused DAS
available to lease. Upon denial of an application to lease NE
multispecies DAS, the Regional Administrator shall send a letter to the
applicants describing the reason(s) for application rejection. The
decision by the Regional Administrator is the final agency decision.
* * * * *
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6. Section 648.85 is amended by revising paragraphs (a)(3)(v)(A)(3),
(a)(6)(iv)(I), and (a)(7)(vi)(D) to read as follows:
Sec. 648.85 Special management programs.
* * * * *
(a) * * *
(3) * * *
(v) * * *
(A) * * *
(3) Total pounds of cod, haddock, yellowtail flounder, winter
flounder, witch flounder, pollock, American plaice, redfish, Atlantic
halibut, ocean pout, Atlantic wolffish, and white hake kept (in pounds,
live weight) in each statistical area, as instructed by the Regional
Administrator.
* * * * *
(6) * * *
(iv) * * *
(I) Reporting requirements. The owner or operator of a NE
multispecies DAS vessel must submit catch reports via VMS in accordance
with instructions provided by the Regional Administrator, for each day
fished when declared into the Regular B DAS Program. The reports must
be submitted in 24-hr intervals for each day, beginning at 0000 hr and
ending at 2359 hr. The reports must be submitted by 0900 hr of the
following day. For vessels that have declared into the Regular B DAS
Program in accordance with paragraph (b)(6)(iv)(C) of this section, the
reports must include at least the following information: VTR serial
number or other universal ID specified by the Regional Administrator;
date fish were caught; statistical area fished; and the total pounds of
cod, haddock, yellowtail flounder, winter flounder, witch flounder,
pollock, American plaice, redfish, Atlantic halibut, and white hake
kept in each statistical area (in pounds, live weight), as instructed
by the Regional Administrator. Daily reporting must continue even if
the vessel operator is required to flip, as described in paragraph
(b)(6)(iv)(E) of this section.
* * * * *
(7) * * *
(vi) * * *
(D) Reporting requirements. The owner or operator of a common pool
vessel must submit reports via VMS, in accordance with instructions to
be provided by the Regional Administrator, for each day fished in the
Closed Area I Hook Gear Haddock SAP Area. The reports must be submitted
in 24-hr intervals for each day fished, beginning at 0000 hr local time
and ending at 2359 hr local time. The reports must be submitted by 0900
hr local time of the day following fishing. The reports must include at
least the following information: VTR serial number or other universal
ID specified by the Regional Administrator; date fish were caught;
statistical area fished; and the total pounds of cod, haddock,
yellowtail flounder, winter flounder, witch flounder, pollock, American
plaice, redfish, Atlantic halibut, and white hake kept in each
statistical area (in pounds, live weight), specified in Sec.
648.10(k)(3), as instructed by the Regional Administrator. Daily
reporting must continue even if the vessel operator is required to exit
the SAP as required under paragraph (b)(7)(iv)(G) of this section.
* * * * *
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7. In Sec. 648.87, revise paragraph (b)(1)(vi) introductory text and
paragraph (b)(1)(vi) (A) to read as follows:
[[Page 16454]]
Sec. 648.87 Sector allocation.
* * * * *
(b) * * *
(1) * * *
(vi) Sector reporting requirements. In addition to the other
reporting/recordkeeping requirements specified in this part, a sector's
vessels must comply with the reporting requirements specified in this
paragraph (b)(1)(vi).
(A) VMS declarations and trip-level catch reports. Prior to each
sector trip, a sector vessel must declare into broad stock areas in
which the vessel fishes and submit the VTR serial number associated
with that trip pursuant to Sec. 648.10(k). The sector vessel must also
submit a VMS catch report detailing regulated species and ocean pout
catch by statistical area when fishing in multiple broad stock areas on
the same trip, pursuant to Sec. 648.10(k).
* * * * *
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8. Section 648.90 is amended by revising paragraphs (a)(4)(iii)(C) and
paragraph (a)(5)(iv)(B), and adding paragraph (a)(5)(iv)(D) to read as
follows:
Sec. 648.90 NE multispecies assessment, framework procedures and
specifications, and flexible area action system.
* * * * *
(a) * * *
(4) * * *
(iii) * * *
(C) Yellowtail flounder catch by the Atlantic sea scallop fishery.
Yellowtail flounder catch in the Atlantic sea scallop fishery, as
defined in subpart D of this part, shall be deducted from the ABC/ACL
for each yellowtail flounder stock pursuant to the restrictions
specified in subpart D of this part and the process to specify ABCs and
ACLs, as described in paragraph (a)(4) of this section. Unless
otherwise specified in this paragraph (a)(4)(iii)(C), or subpart D of
this part, the specific value of the sub-components of the ABC/ACL for
each stock of yellowtail flounder distributed to the Atlantic sea
scallop fishery shall be specified pursuant to the biennial adjustment
process specified in paragraph (a)(2) of this section. The Atlantic sea
scallop fishery shall be allocated 40 percent of the GB yellowtail
flounder ABC (U.S. share only) in fishing year 2013, and 16 percent in
fishing year 2014 and each fishing year thereafter, pursuant to the
process for specifying ABCs and ACLs described in this paragraph
(a)(4). An ACL based on this ABC shall be determined using the process
described in paragraph (a)(4)(i) of this section. Based on information
available, NMFS shall project the expected scallop fishery catch of GB
and SNE/MA yellowtail flounder for the current fishing year by January
15. If NMFS determines that the scallop fishery will catch less than 90
percent of its GB or SNE/MA yellowtail flounder sub-ACL, the Regional
Administrator may reduce the pertinent scallop fishery sub-ACL to the
amount projected to be caught, and increase the groundfish fishery sub-
ACL by any amount up to the amount reduced from the scallop fishery
sub-ACL. The revised GB or SNE/MA yellowtail flounder groundfish
fishery sub-ACL shall be distributed to the common pool and sectors
based on the process specified in paragraph (a)(4)(iii)(H)(2) of this
section.
* * * * *
(5) * * *
(iv) * * *
(B) 2017 and 2018 fishing year threshold for implementing the
Atlantic sea scallop fishery AMs for Northern windowpane flounder. For
the 2017 and 2018 fishing years only, if scallop fishery catch exceeds
the northern windowpane flounder sub-ACL 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 northern windowpane flounder will return to
that listed in paragraph (a)(5)(iv)(A) of this section.
(C) * * *
(D) 2017 through 2020 fishing year threshold for implementing the
Atlantic sea scallop fishery AM for GB yellowtail flounder. For the
2017, 2018, 2019, and 2020 fishing years, if scallop fishery catch
exceeds the GB yellowtail flounder sub-ACL 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 20212 fishing year and onward, the threshold for implementing
scallop fishery AMs for GB yellowtail flounder will return to that
listed in paragraph (a)(5)(iv)(A) of this section.
* * * * *
[FR Doc. 2019-07832 Filed 4-18-19; 8:45 am]
BILLING CODE 3510-22-P