[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Proposed Rules]
[Pages 33191-33205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13410]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 210617-0133]
RIN 0648-BK24


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Framework Adjustment 61

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 61 to the Northeast Multispecies Fishery Management Plan. 
This rule would revise the status determination criteria for Georges 
Bank and Southern New England-Mid Atlantic winter flounder, implement a 
revised rebuilding plan for white hake, set or adjust catch limits for 
17 of the 20 multispecies (groundfish) stocks, and implement a 
universal exemption for sectors to target Acadian redfish. 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 July 9, 2021.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2021-0061 
by the following method:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter NOAA-NMFS-2021-0061 in the Search box. Click on the 
``Comment'' icon, complete the required fields, and enter or attach 
your comments.
    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 61, 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: Liz Sullivan, Fishery Policy Analyst, 
phone: 978-282-8493; email: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

1. Summary of Proposed Measures
2. Status Determination Criteria
3. Rebuilding Plan for White Hake
4. Fishing Year 2021 Shared U.S./Canada Quotas
5. Catch Limits for Fishing Years 2021-2023
6. Universal Sector Exemption for Acadian Redfish (redfish)

1. Summary of Proposed Measures

    This action would implement the management measures in Framework 
Adjustment 61 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 61 in a June 10, 2021, 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 determining whether they are consistent

[[Page 33192]]

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 61. Through Framework 61, the 
Council proposes to:
     Revise the status determination criteria (SDC) for Georges 
Bank (GB) and Southern New England/Mid-Atlantic (SNE/MA) winter 
flounder and provide the numeric estimates of the SDCs for these 
stocks, based on the peer review recommendations;
     Implement a revised rebuilding plan for white hake;
     Set fishing year 2021 shared U.S./Canada quotas for GB 
yellowtail flounder and eastern GB cod and haddock;
     Set 2021-2023 specifications, including catch limits, for 
nine groundfish stocks and adjust 2021-2022 allocations for seven other 
groundfish stocks; and
     Implement a universal exemption for sectors to target 
redfish.

2. Status Determination Criteria

    The Northeast Fishery Science Center conducted management track 
stock assessment updates in 2020 for nine groundfish stocks. This 
action proposes to revise SDCs for GB and SNE/MA winter flounder, and 
provide updated numerical estimates of these criteria, in order to 
incorporate the results of the 2020 stock assessments and based on the 
peer review recommendations from the 2020 stock assessments. Table 1 
provides the proposed revisions to the SDCs for GB and SNE/MA winter 
flounder, and Table 2 provides the resulting numerical estimates of the 
SDCs.
    For GB winter flounder, the assessment and the peer review 
recommended changing the current maximum sustainable yield (MSY) 
biological reference points (calculated from the stock-recruitment 
relationship) to proxy-based biological reference points (F-40 percent, 
SSB-40 percent) as recommended by the panel review in the 2019 
assessment. Similarly, for SNE/MA winter flounder, the assessment and 
the peer review recommended changing the MSY biological reference 
points calculated in previous assessments (based on the stock-
recruitment relationship) to proxy-based biological reference points 
(F-40 percent, SSB-40 percent), due to the Council's Scientific and 
Statistical Committee's (SSC) concerns with recent recruitment being 
estimated below predicted values from the stock recruitment 
relationship, and from recommendations by the 2018 peer review panel in 
considering an F-40 proxy. This addressed a concern that the estimate 
of FMSY from the stock recruitment relationship could be too 
high relative to the estimate of F-40 percent. A stock assessment model 
change in the assumption for the estimated fishery selectivity pattern 
(i.e., assumptions of ages that are subject to fishing) also 
contributed to a change in the numeric estimates of the SDCs for SNE/MA 
winter flounder. The assumption on selectivity in the stock assessment 
model changed from a dome-shaped fishery selectivity pattern (i.e., a 
pattern that assumes that the largest or oldest members of a 
demographic group are not fully vulnerable to fishing) to a flat-topped 
fishery selectivity pattern (i.e., a pattern in which the older age 
groups are fully vulnerable and susceptible to fishing). Fishing 
mortality rates and their corresponding overfishing rates 
(FMSY) are not comparable across models when large changes 
in the selectivity pattern have occurred.

                                 Table 1--Proposed Status Determination Criteria
----------------------------------------------------------------------------------------------------------------
                                    Biomass target
              Stock                (SSBMSY or proxy)      Minimum biomass          Maximum fishing mortality
                                                             threshold             threshold (FMSY or proxy)
----------------------------------------------------------------------------------------------------------------
GB Winter Flounder:
    Current SDC.................  SSBMSY............  \1/2\ Btarget..........  FMSY
    Proposed SDC................  SSBMSY: SSB/R (40   \1/2\ Btarget..........  F-40 percent of MSPP
                                   percent MSP).
SNE/MA Winter Flounder:
    Current SDC.................  SSBMSY............  \1/2\ Btarget..........  FMSY
    Proposed SDC................  SSBMSY: SSB/R (40   \1/2\ Btarget..........  F-40 percent of MSP
                                   percent MSP).
----------------------------------------------------------------------------------------------------------------
SSB = spawning stock biomass; MSY = maximum sustainable yield; Btarget = target biomass; F = fishing mortality;
  SSB/R = spawning stock biomass per recruit; MSP = maximum spawning potential.


                          Table 2--Numerical Estimates of Status Determination Criteria
----------------------------------------------------------------------------------------------------------------
                                                      BMSY or proxy (mt)
              Stock                 Model/approach                           FMSY or proxy         MSY (mt)
----------------------------------------------------------------------------------------------------------------
GB Winter Flounder:
    Using current SDC...........  VPA...............  7,394.............  0.358.............  2,612
    Using proposed SDC..........  VPA...............  7,267.............  0.358.............  2,573
SNE/MA Winter Flounder:
    Using current SDC...........  ASAP..............  31,567............  0.260.............  9,102
    Using proposed SDC..........  ASAP..............  12,322............  0.284.............  3,906
----------------------------------------------------------------------------------------------------------------

3. Rebuilding Plan for White Hake

    Framework 61 would revise the rebuilding plan for white hake. The 
current rebuilding plan for white hake, as implemented by Amendment 13, 
ended in 2014. In 2015, the stock assessment update indicated that the 
stock was making adequate rebuilding progress, and in 2017, the 
Regional Administrator advised the Council to continue to set catch 
limits to maintain fishing mortality (F) at 75 percent of F at maximum 
sustainable yield until the stock was rebuilt. However, the 2019 stock 
assessment update indicated that the spawning stock biomass of white 
hake dropped to 49.9 percent of BMSY, and while this was 
only 23 mt below the threshold, the stock had become overfished. On 
March 5, 2020, the

[[Page 33193]]

Regional Administrator notified the Council of the overfished status 
and that, given that the rebuilding plan's target date had passed, a 
new rebuilding plan was required. The deadline to implement a 
rebuilding plan is March 5, 2022.
    The Magnuson-Stevens Act requires that overfished stocks be rebuilt 
as quickly as possible, not to exceed 10 years when biologically 
possible, accounting for the status and biology of the stocks, the 
needs of fishing communities, and the interaction of the overfished 
stock within the marine ecosystem. 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.
    The white hake rebuilding program proposed in this action would 
rebuild the stock within 10 years, or by 2031, which is the maximum 
time period allowed by the Magnuson-Stevens Act. While projections 
suggest the stock could rebuild in 4 years at an F of zero, this does 
not account for the white hake's stock status, the needs of fishing 
communities, or the interaction of white hake with other multispecies 
in the groundfish fishery. Additional factors regarding biology and 
fishery needs were considered by the Council in setting 
Ttarget = Tmax. First, recent recruitment 
estimates for this stock have been below average, and recruitment may 
not increase suddenly to the average values, which make the 
Tmin projections (4 years at F = 0) likely to be overly 
optimistic. Long-term projections for many groundfish stocks have 
tended to be overly optimistic, such that future levels of biomass are 
overestimated and fishing mortality is underestimated. Additionally, 
recent commercial utilization of the white hake annual catch limit 
(ACL) is high, indicating that the stock is an important component of 
the fishing industry; a longer rebuilding period considers the needs of 
the fishing communities as much as practicable. The proposed rebuilding 
plan for white hake would set Frebuild at 70 percent of 
FMSY with an 87-percent probability of achieving 
BMSY.

4. Fishing Year 2021 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.

2021 U.S./Canada Quotas

    The Transboundary Resources Assessment Committee conducted 
assessments for the three transboundary stocks in July 2020, and 
detailed summaries of these assessments can be found at: https://www.nefsc.noaa.gov/assessments/trac/. The TMGC met in September 2020 to 
recommend shared quotas for 2021 based on the updated assessments, and 
the Council adopted the TMGC's recommendations in Framework 61. The 
proposed 2021 shared U.S./Canada quotas, and each country's allocation, 
are listed in Table 3.

 Table 3--Proposed 2021 Fishing Year U.S./Canada Quotas (mt, live weight) and Percent of Quota Allocated to Each
                                                     Country
----------------------------------------------------------------------------------------------------------------
                Quota                       Eastern GB cod         Eastern GB haddock     GB yellowtail flounder
----------------------------------------------------------------------------------------------------------------
Total Shared Quota...................  635....................  14,100.................  125.
U.S. Quota...........................  190.5 (30 percent).....  6,486 (46 percent).....  80 64 percent).
Canadian Quota.......................  444.5 (70 percent).....  7,614 (54 percent).....  45 (36 percent).
----------------------------------------------------------------------------------------------------------------

    The proposed 2021 U.S. quota for eastern GB cod would represent a 
1.1-percent increase compared to 2020; the proposed 2021 U.S. quota for 
eastern GB haddock and GB yellowtail flounder would represent 60-
percent and 33-percent decreases, respectively, compared to 2020. The 
quota increase for eastern GB cod is due to a slight increase (1 
percent) in the portion of the shared quota that is allocated to the 
United States, despite a small decrease in the total shared quota. The 
decreases for eastern GB haddock and GB yellowtail flounder are both 
due to a decrease in total shared quota and the portion of the shared 
quota that is allocated to the United States. For a more detailed 
discussion of the TMGC's 2021 catch advice, see the TMGC's guidance 
document that will be posted

[[Page 33194]]

at: https://www.greateratlantic.fisheries.noaa.gov/. The 2021 U.S. 
quotas for eastern GB cod, eastern GB haddock, and GB yellowtail that 
are proposed in Framework Adjustment 61, if approved, will replace the 
2021 quotas previously specified for these stocks (86 FR 22898; April 
30, 2021). This is discussed further in Section 5, Catch Limits for the 
2021-2023 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 
2020 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 2021 fishing year in a future management action, as close to 
May 1, 2021, 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.

5. Catch Limits for Fishing Years 2021-2023

Summary of the Proposed Catch Limits

    Tables 4 through 13 show the proposed catch limits for the 2021-
2023 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 2021-FY 2023) to the 
Framework 61 Environmental Assessment (see ADDRESSES for information on 
how to get this document).
    Through Framework 61, the Council proposes to adopt catch limits 
for nine groundfish stocks for the 2021-2023 fishing years based on 
stock assessments completed in 2020, and fishing year 2021-2022 
specifications for GB yellowtail flounder. Framework 59 (85 FR 45794; 
July 30, 2020) previously set 2021-2022 quotas for the 10 groundfish 
stocks not assessed in 2020, based on assessments conducted in 2019. 
This action would include minor adjustments for seven of these stocks 
for fishing years 2021-2022. Table 4 provides an overview of which 
catch limits, if any, would change, as proposed in Framework 61, as 
well as when the stock was most recently assessed. Table 5 provides the 
percent change in the 2021 catch limit compared to the 2020 fishing 
year.
    Because Framework 61 is not in place in time for the May 1 start to 
the fishing year, the fishing year 2021 quotas previously set by 
Framework 59 are in effect from May 1, 2021, through April 30, 2022, 
unless and until replaced by the quotas proposed in this action. 
However, Framework 59 did not set 2021 quotas for GOM winter flounder, 
SNE/MA winter flounder, redfish, ocean pout, Atlantic wolffish, and the 
eastern portion of the GB cod and haddock stocks. A default quota for 
these stocks required by current regulations will be in effect from May 
1, 2021, through July 31, 2021, unless and until replaced by the quotas 
proposed in Framework 61 (see 86 FR 22898; April 30, 2021 for more 
information).

      Table 4--Changes to Catch Limits, as Proposed in Framework 61
------------------------------------------------------------------------
                                   Most recent      Proposed change in
             Stock                 assessment          Framework 61
------------------------------------------------------------------------
GB Cod.........................            2019  New 2021-2022 U.S. ABC.
                                                  Adjust sub-
                                                  components.*
GOM Cod........................            2019  Adjust sub-components.*
GB Haddock.....................            2019  New 2021-2022 U.S. ABC.
GOM Haddock....................            2019  No change: 2021-2022
                                                  catch limits set by
                                                  Framework 59.
GB Yellowtail Flounder.........            2020  New 2021-2022 ABC.
SNE/MA Yellowtail Flounder.....            2019  Adjust sub-components.*
CC/GOM Yellowtail Flounder.....            2019  Adjust sub-components.*
American Plaice................            2019  No change: 2021-2022
                                                  catch limits set by
                                                  Framework 59.
Witch Flounder.................            2019  Adjust sub-components.*
GB Winter Flounder.............            2020  New 2021-2023 ABC.
GOM Winter Flounder............            2020  New 2021-2023 ABC.
SNE/MA Winter Flounder.........            2020  New 2021-2023 ABC.
Redfish........................            2020  New 2021-2023 ABC.
White Hake.....................            2019  Adjust sub-components.*
Pollock........................            2019  No change: 2021-2022
                                                  catch limits set by
                                                  Framework 59.
N Windowpane Flounder..........            2020  New 2021-2023 ABC.
S Windowpane Flounder..........            2020  New 2021-2023 ABC.
Ocean Pout.....................            2020  New 2021-2023 ABC.
Atlantic Halibut...............            2020  New 2021-2023 ABC.
Atlantic Wolffish..............            2020  New 2021-2023 ABC.
------------------------------------------------------------------------
N = Northern; S = Southern; * Adjustments to sub-components to the ACL
  result in an adjustment to the sub-ACLs for fisheries, including
  groundfish, as described in the Annual Catch Limits section below.


         Table 5--Proposed Fishing Years 2021-2023 Overfishing Limits and Acceptable Biological Catches
                                                [mt, live weight]
----------------------------------------------------------------------------------------------------------------
                                         2021             Percent             2022                  2023
             Stock             -----------------------  change from --------------------------------------------
                                   OFL      U.S. ABC       2020         OFL      U.S. ABC      OFL      U.S. ABC
----------------------------------------------------------------------------------------------------------------
GB Cod........................        UNK      1,308             1         UNK      1,308   .........  .........
GOM Cod.......................        929        552             0       1,150        552   .........  .........
GB Haddock....................    116,883     82,723           -37     114,925     81,242   .........  .........
GOM Haddock...................     21,521     16,794           -15      14,834     11,526   .........  .........
GB Yellowtail Flounder........        UNK         80           -33         UNK         80   .........  .........

[[Page 33195]]

 
SNE/MA Yellowtail Flounder....         71         22             0         184         22   .........  .........
CC/GOM Yellowtail Flounder....      1,076        823             0       1,116        823   .........  .........
American Plaice...............      3,740      2,881            -9       3,687      2,825   .........  .........
Witch Flounder................        UNK      1,483             0         UNK      1,483   .........  .........
GB Winter Flounder............        865        608             8         974        608       1,431        608
GOM Winter Flounder*..........        662        497            11         662        497         662        497
SNE/MA Winter Flounder*.......      1,438        456           -37       1,438        456       1,438        456
Redfish*......................     13,519     10,186           -15      13,354     10,062      13,229      9,967
White Hake....................      2,906      2,147             0       2,986      2,147   .........  .........
Pollock.......................     28,475     22,062           -20      21,744     16,812   .........  .........
N Windowpane Flounder.........        UNK        160           171         UNK        160         UNK        160
S Windowpane Flounder.........        513        384           -10         513        384         513        384
Ocean Pout*...................        125         87           -31         125         87         125         87
Atlantic Halibut..............        UNK        101            -5         UNK        101         UNK        101
Atlantic Wolffish*............        122         92             2         122         92         122         92
----------------------------------------------------------------------------------------------------------------
UNK = Unknown.
Note: An empty cell indicates no OFL/ABC is adopted for that year. These catch limits would be set in a future
  action.

Overfishing Limits and Acceptable Biological Catches

    The overfishing limit (OFL) is calculated to set the maximum amount 
of fish that can be caught in a year, without constituting overfishing. 
The ABC is typically set lower than the OFL to account for scientific 
uncertainty. For GB cod, GB haddock, and GB yellowtail flounder, the 
total ABC is reduced by the amount of the Canadian quota (see Table 3 
for the Canadian and U.S. shares of these stocks). Although the TMGC 
recommendations were only for fishing year 2021, the portion of the 
shared quota allocated to Canada in fishing year 2021 was used to 
project U.S. ABCs for GB yellowtail for 2022 and for GB cod and haddock 
for 2022 and 2023. This avoids artificially inflating the U.S. ABC up 
to the total ABC for the 2022 and 2023 fishing years. The TMGC will 
make new recommendations for 2022, which would replace any quotas for 
these stocks set in this action. 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 (26 mt), white hake (39 mt), and 
Atlantic halibut (49 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 5). For stocks without Canadian catch, the 
U.S. ABC is equal to the total ABC.
    The OFLs are currently unknown for GB cod, GB yellowtail flounder, 
witch flounder, and Atlantic halibut. For 2021, the SSC recommended 
maintaining the unknown OFL for GB yellowtail flounder and Atlantic 
halibut, as well as setting the OFL for northern windowpane flounder as 
unknown. The OFLs for GB cod and witch flounder were set by Framework 
59. Empirical stock assessments are used for these five stocks, and 
these assessments can no longer provide quantitative estimates of the 
status determination criteria, nor were appropriate proxies for stock 
status determination able to be developed. In the temporary absence of 
an OFL, in this and previous actions, we have considered recent catch 
data and estimated trends in stock biomass as an indication that the 
catch limits derived from ABCs are sufficiently managing fishing 
mortality at a rate that is preventing overfishing. For GB yellowtail 
flounder, the SSC noted that the fishery does not appear to be the main 
driver limiting stock recovery. However, the continued low stock 
biomass and poor recruitment for this stock warrant the maintenance of 
low catch levels. The 2020 assessment for northern windowpane used an 
empirical method to estimate swept-area biomass and annual relative 
exploitation rates, and generally showed a lack of decline over the 
past decade and a declining relative exploitation rate. There are 
indications that abundance of Atlantic halibut has increased 
significantly over the last decade, and although the SSC noted that 
catch is increasing, it supported the continued use of the method used 
to provide catch advice since 2018. Based on these considerations, we 
have preliminarily determined that these ABCs are a sufficient limit 
for preventing overfishing and are consistent with the National 
Standards. This action does not propose any changes to the status 
determination criteria for these stocks.

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. 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. 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 have a 
sub-ACL set by reducing their portion of the ABC to account for 
management uncertainty and are subject to AMs if they exceed their 
respective catch limit during the fishing year. For GOM cod and haddock 
only, the U.S. ABC is first divided between the commercial and 
recreational fisheries, before being further divided into sub-component 
and sub-ACLs. This process is described fully in Appendix II of the 
Framework 61 Environmental Assessment.
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

[[Page 33196]]

cumulative potential sector contributions (PSC) associated with those 
sectors. The sector and common pool sub-ACLs proposed in this action 
are based on final fishing year 2021 sector rosters. All permits 
enrolled in a sector, and the vessels associated with those permits, 
had until April 30, 2021, to withdraw from a sector and fish in the 
common pool for the 2021 fishing year. In addition to the enrollment 
delay, all permits that changed ownership after the roster deadline 
were able to join a sector (or change sector) through April 30, 2021.
Common Pool Total Allowable Catches
    The common pool sub-ACL for each allocated stock (except for SNE/MA 
winter flounder) is further divided into trimester TACs. Table 9 
summarizes the common pool trimester TACs proposed in this action.
    Incidental catch TACs are also specified for certain stocks of 
concern (i.e., stocks that are overfished or subject to overfishing) 
for common pool vessels fishing in the special management programs 
(i.e., special access programs (SAP) and the Regular B Days-at-Sea 
(DAS) Program), in order to limit the catch of these stocks under each 
program. Tables 10 through 13 summarize the proposed Incidental Catch 
TACs for each stock and the distribution of these TACs to each special 
management program.
Default Catch Limits for Future Fishing Years
    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. The default catch limits are effective 
until July 31 of that fishing year, or when replaced by new catch 
limits, whichever happens first. If the default value is higher than 
the Council's recommended catch limit for the upcoming fishing year, 
the default catch limits will be equal to the Council's recommended 
catch limits for the applicable stocks for the upcoming fishing year. 
Because most groundfish vessels are not able to fish if final catch 
limits have not been implemented, this measure was established to allow 
fishing to continue for a short-interim period to minimize 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 6--Proposed Catch Limits for the 2021 Fishing Year
                                                                                        [mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Common                    Midwater               Small-
                             Stock                               Total ACL   Groundfish   Sector   pool sub-   Recreational     trawl     Scallop      mesh       State waters      Other sub-
                                                                              sub-ACL     sub-ACL     ACL         sub-ACL      fishery    fishery    fisheries   sub-component      component
                                                                    A to H        A+B+C         A          B               C          D          E           F                G                H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................................................       1,250        1,093     1,045         48  ..............  .........  .........  ..........               20              137
GOM Cod.......................................................         523          463       262        8.2             193  .........  .........  ..........               48               12
GB Haddock....................................................      78,574       76,622    74,096      2,526  ..............      1,539  .........  ..........                0              414
GOM Haddock...................................................      15,843       15,575    10,023        258           5,295        156  .........  ..........               56               56
GB Yellowtail Flounder........................................          78           64        59        5.1  ..............  .........         12         1.5              0.0              0.0
SNE/MA Yellowtail Flounder....................................          21           16        12        3.6  ..............  .........        2.0  ..........              0.2              3.3
CC/GOM Yellowtail Flounder....................................         787          692       651         41  ..............  .........  .........  ..........               58               37
American Plaice...............................................       2,740        2,682     2,592         90  ..............  .........  .........  ..........               29               29
Witch Flounder................................................       1,414        1,317     1,273         44  ..............  .........  .........  ..........               44               52
GB Winter Flounder............................................         591          563       517         47  ..............  .........  .........  ..........                0               27
GOM Winter Flounder...........................................         482          281       267         14  ..............  .........  .........  ..........              194              7.5
SNE/MA Winter Flounder........................................         441          288       247         41  ..............  .........  .........  ..........               21              132
Redfish.......................................................       9,677        9,677     9,537        139  ..............  .........  .........  ..........                0                0
White Hake....................................................       2,041        2,019     1,994         25  ..............  .........  .........  ..........               11               11
Pollock.......................................................      21,086       18,549    18,355        193  ..............  .........  .........  ..........            1,434            1,103
N Windowpane Flounder.........................................         150          108        na        108  ..............  .........         31  ..........              0.8               10
S Windowpane Flounder.........................................         371           43        na         43  ..............  .........        129  ..........               23              177
Ocean Pout....................................................          83           50        na         50  ..............  .........  .........  ..........                0               33
Atlantic Halibut..............................................          97           73        na         73  ..............  .........  .........  ..........               20              3.5
Atlantic Wolffish.............................................          86           86        na         86  ..............  .........  .........  ..........                0                0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: Not allocated to sectors.


                                                                    Table 7--Proposed Catch Limits for the 2022 Fishing Year
                                                                                        [mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Common                    Midwater               Small-
                             Stock                               Total ACL   Groundfish   Sector   pool sub-   Recreational     trawl     Scallop      mesh       State waters      Other sub-
                                                                              sub-ACL     sub-ACL     ACL         sub-ACL      fishery    fishery    fisheries   sub-component      component
                                                                    A to H        A+B+C         A          B               C          D          E           F                G                H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................................................       1,250        1,093     1,045         48  ..............  .........  .........  ..........               20              137
GOM Cod.......................................................         523          463       262        8.2             193  .........  .........  ..........               48               12
GB Haddock....................................................      77,168       75,250    72,770      2,481  ..............      1,511  .........  ..........                0              406
GOM Haddock...................................................      10,873       10,690     6,879        177           3,634        107  .........  ..........               38               38
GB Yellowtail Flounder........................................          78           64        59        5.1  ..............  .........         12         1.5                0                0
SNE/MA Yellowtail Flounder....................................          21           16        12        3.6  ..............  .........        2.0  ..........              0.2              3.3

[[Page 33197]]

 
CC/GOM Yellowtail Flounder....................................         787          692       651         41  ..............  .........  .........  ..........               58               37
American Plaice...............................................       2,687        2,630     2,542         89  ..............  .........  .........  ..........               28               28
Witch Flounder................................................       1,414        1,317     1,273         44  ..............  .........  .........  ..........               44               52
GB Winter Flounder............................................         591          563       517         47  ..............  .........  .........  ..........                0               27
GOM Winter Flounder...........................................         482          281       267         14  ..............  .........  .........  ..........              194              7.5
SNE/MA Winter Flounder........................................         441          288       247         41  ..............  .........  .........  ..........               21              132
Redfish.......................................................       9,559        9,559     9,421        138  ..............  .........  .........  ..........                0                0
White Hake....................................................       2,041        2,019     1,994         25  ..............  .........  .........  ..........               11               11
Pollock.......................................................      16,068       14,135    13,988        147  ..............  .........  .........  ..........            1,093              841
N. Windowpane Flounder........................................         150          108        na        108  ..............  .........         31  ..........              0.8               10
S. Windowpane Flounder........................................         371           43        na         43  ..............  .........        129  ..........               23              177
Ocean Pout....................................................          83           50        na         50  ..............  .........  .........  ..........                0               33
Atlantic Halibut..............................................          97           73        na         73  ..............  .........  .........  ..........               20              3.5
Atlantic Wolffish.............................................          86           86        na         86  ..............  .........  .........  ..........                0                0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Na: not allocated to sectors.


                                                                    Table 8--Proposed Catch Limits for the 2023 Fishing Year
                                                                                        [mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Common                    Midwater               Small-
                             Stock                               Total ACL   Groundfish   Sector   pool sub-   Recreational     trawl     Scallop      mesh       State waters      Other sub-
                                                                              sub-ACL     sub-ACL     ACL         sub-ACL      fishery    fishery    fisheries   sub-component      component
                                                                    A to H        A+B+C         A          B               C          D          E           F                G                H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod *......................................................  ..........  ...........  ........  .........  ..............  .........  .........  ..........  ...............  ...............
GOM Cod *.....................................................  ..........  ...........  ........  .........  ..............  .........  .........  ..........  ...............  ...............
GB Haddock *..................................................  ..........  ...........  ........  .........  ..............  .........  .........  ..........  ...............  ...............
GOM Haddock *.................................................  ..........  ...........  ........  .........  ..............  .........  .........  ..........  ...............  ...............
GB Yellowtail Flounder * *....................................  ..........  ...........  ........  .........  ..............  .........  .........  ..........  ...............  ...............
SNE/MA Yellowtail Flounder *..................................  ..........  ...........  ........  .........  ..............  .........  .........  ..........  ...............  ...............
CC/GOM Yellowtail Flounder *..................................  ..........  ...........  ........  .........  ..............  .........  .........  ..........  ...............  ...............
American Plaice *.............................................  ..........  ...........  ........  .........  ..............  .........  .........  ..........  ...............  ...............
Witch Flounder *..............................................  ..........  ...........  ........  .........  ..............  .........  .........  ..........  ...............  ...............
GB Winter Flounder............................................         591          563       517         47  ..............  .........  .........  ..........                0               27
GOM Winter Flounder...........................................         482          281       267         14  ..............  .........  .........  ..........              194              7.5
SNE/MA Winter Flounder........................................         441          288       247         41  ..............  .........  .........  ..........               21              132
Redfish.......................................................       9,469        9,469     9,332        136  ..............  .........  .........  ..........                0                0
White Hake *..................................................  ..........  ...........  ........  .........  ..............  .........  .........  ..........  ...............  ...............
Pollock *.....................................................  ..........  ...........  ........  .........  ..............  .........  .........  ..........  ...............  ...............
N Windowpane Flounder.........................................         150          108        na        108  ..............  .........         31  ..........              0.8               10
S Windowpane Flounder.........................................         371           43        na         43  ..............  .........        129  ..........               23              177
Ocean Pout....................................................          83           50        na         50  ..............  .........  .........  ..........                0               33
Atlantic Halibut..............................................          97           73        na         73  ..............  .........  .........  ..........               20              3.5
Atlantic Wolffish.............................................          86           86        na         86  ..............  .........  .........  ..........                0                0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: Not allocated to sectors.
* These stocks only have an allocation for fishing years 2021-2022, previously approved in Framework 59.
** Framework 61 proposes allocations for GB yellowtail flounder for fishing years 2021 and 2022 only.


                                          Table 9--Proposed Fishing Years 2021-2023 Common Pool Trimester TACs
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                    2021                                    2022                                    2023
              Stock               ----------------------------------------------------------------------------------------------------------------------
                                   Trimester 1  Trimester 2   Trimester 3  Trimester 1  Trimester 2   Trimester 3  Trimester 1  Trimester 2  Trimester 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod...........................         13.4         16.3         18.2          13.4         16.3         18.2   ...........  ...........  ...........
GOM Cod..........................          4.0          2.7          1.5           4.0          2.7          1.5   ...........  ...........  ...........
GB Haddock.......................        682.0        833.5       1010.4         669.8        818.6        992.3   ...........  ...........  ...........
GOM Haddock......................         69.6         67.1        121.2          47.8         46.0         83.2   ...........  ...........  ...........
GB Yellowtail Flounder...........          1.0          1.5          2.6           1.0          1.5          2.6   ...........  ...........  ...........
SNE/MA Yellowtail Flounder.......          0.8          1.0          1.8           0.8          1.0          1.8   ...........  ...........  ...........

[[Page 33198]]

 
CC/GOM Yellowtail Flounder.......         23.6         10.8          7.0          23.6         10.8          7.0   ...........  ...........  ...........
American Plaice..................         66.8          7.2         16.3          65.5          7.1         15.9   ...........  ...........  ...........
Witch Flounder...................         24.3          8.8         11.0          24.3          8.8         11.0   ...........  ...........  ...........
GB Winter Flounder...............          3.7         11.2         31.7           3.7         11.2         31.7           3.7         11.2         31.7
GOM Winter Flounder..............          5.1          5.3          3.5           5.1          5.3          3.5           5.1          5.3          3.5
Redfish..........................         34.8         43.2         61.3          34.4         42.7         60.6          34.1         42.3         60.0
White Hake.......................          9.5          7.8          7.8           9.5          7.8          7.8   ...........  ...........  ...........
Pollock..........................         54.1         67.6         71.5          41.2         51.5         54.5   ...........  ...........  ...........
--------------------------------------------------------------------------------------------------------------------------------------------------------


              Table 10--Proposed Common Pool Incidental Catch TACs for the 2021-2023 Fishing Years
                                                [mt, live weight]
----------------------------------------------------------------------------------------------------------------
                                                  Percentage of
                     Stock                       common pool sub-      2020            2021            2022
                                                       ACL
----------------------------------------------------------------------------------------------------------------
GB Cod.........................................             1.68            0.81            0.81  ..............
GOM Cod........................................                1            0.08            0.08  ..............
GB Yellowtail Flounder.........................                2            0.10            0.10  ..............
CC/GOM Yellowtail Flounder.....................                1            0.41            0.41  ..............
American Plaice................................                5            4.51            4.43  ..............
Witch Flounder.................................                5            2.21            2.21  ..............
SNE/MA Winter Flounder.........................                1            0.41            0.41            0.41
----------------------------------------------------------------------------------------------------------------


    Table 11--Percentage of Incidental Catch TACs Distributed to Each
                       Special Management Program
------------------------------------------------------------------------
                                          Regular B  DAS  Eastern  U.S./
                  Stock                       program       CA  haddock
                                             (percent)    SAP  (percent)
------------------------------------------------------------------------
GB Cod..................................              60              40
GOM Cod.................................             100             n/a
GB Yellowtail Flounder..................              50              50
CC/GOM Yellowtail Flounder..............             100             n/a
American Plaice.........................             100             n/a
Witch Flounder..........................             100             n/a
SNE/MA Winter Flounder..................             100             n/a
------------------------------------------------------------------------


      Table 12--Proposed Fishing Years 2021-2023 Incidental Catch TACs for Each Special Management Program
                                                [mt, live weight]
----------------------------------------------------------------------------------------------------------------
                                            Regular B DAS program             Eastern U.S./Canada haddock SAP
               Stock               -----------------------------------------------------------------------------
                                        2021         2022         2023         2021         2022         2023
----------------------------------------------------------------------------------------------------------------
GB Cod............................         0.48         0.48  ...........         0.32         0.32  ...........
GOM Cod...........................         0.08         0.08  ...........          n/a          n/a          n/a
GB Yellowtail Flounder............         0.05         0.05  ...........         0.05         0.05  ...........
CC/GOM Yellowtail Flounder........         0.41         0.41  ...........          n/a          n/a          n/a
American Plaice...................         4.51         4.43  ...........          n/a          n/a          n/a
Witch Flounder....................         2.21         2.21  ...........          n/a          n/a          n/a
SNE/MA Winter Flounder............         0.41         0.41         0.41          n/a          n/a          n/a
----------------------------------------------------------------------------------------------------------------


                            Table 13--Proposed Fishing Years 2021-2023 Regular B DAS Program Quarterly Incidental Catch TACs
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  2021                                     2022                                    2023
                               -------------------------------------------------------------------------------------------------------------------------
                                   1st       2nd       3rd       4th        1st       2nd       3rd       4th        1st       2nd       3rd       4th
             Stock               Quarter   Quarter   Quarter   Quarter    Quarter   Quarter   Quarter   Quarter    Quarter   Quarter   Quarter   Quarter
                                   (13       (29       (29       (29        (13       (29       (29       (29        (13       (29       (29       (29
                                percent)  percent)  percent)   percent)  percent)  percent)  percent)   percent)  percent)  percent)  percent)  percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................      0.06      0.14      0.14      0.14       0.06      0.14      0.14      0.14   ........  ........  ........  ........
GOM Cod.......................      0.01      0.02      0.02      0.02       0.01      0.02      0.02      0.02   ........  ........  ........  ........
GB Yellowtail Flounder........     0.007     0.015     0.015     0.015       0.01      0.01      0.01      0.01   ........  ........  ........  ........

[[Page 33199]]

 
CC/GOM Yellowtail Flounder....      0.05      0.12      0.12      0.12       0.05      0.12      0.12      0.12   ........  ........  ........  ........
American Plaice...............      0.59      1.31      1.31      1.31       0.58      1.28      1.28      1.28   ........  ........  ........  ........
Witch Flounder................      0.29      0.64      0.64      0.64       0.29      0.64      0.64      0.64   ........  ........  ........  ........
SNE/MA Winter Flounder........      0.05      0.12      0.12      0.12       0.05      0.12      0.12      0.12       0.05      0.12      0.12      0.12
--------------------------------------------------------------------------------------------------------------------------------------------------------

6. Universal Sector Exemption for Acadian Redfish (Redfish)

Proposed Universal Sector Exemption for Redfish

    This rule proposes to approve and implement a new universal sector 
exemption that would allow sector vessels to target redfish within a 
defined area using a 5.5-inch (14.0- centimeters (cm)) mesh codend. 
Redfish is a healthy stock that sectors already harvest under a sector 
exemption that is evaluated and approved as part of the sector 
operations plan process annually or biennially. The redfish exemption 
was most recently approved in the 2021-2022 sector final rule (86 FR 
22898; April 30, 2021), under the Regional Administrator's authority 
(50 CFR 648.87(c)(2)). As part of this rule, which proposes to approve 
a new universal sector exemption for redfish, we would also eliminate 
the current sector exemption for redfish. This will prevent conflict 
and confusion between two very similar exemptions, and is consistent 
with the Council's intent to replace the current redfish sector 
exemption with a new universal redfish exemption for sectors.
    Since fishing year 2012, we have approved annual exemptions that 
allow sector vessels to target redfish with a sub-legal size mesh 
codend, ranging from 4.5 inches (11.4 cm) to 6 inches (15.2 cm), with 
different versions of the exemptions requiring different levels of 
monitoring, different catch thresholds, and different areas where 
vessels are allowed to use the exemption. Currently, the exemption 
allows vessels to fish with a 5.5-inch (14.0-cm) codend, with standard 
at-sea or electronic monitoring coverage, in a defined redfish 
exemption area (Figure 1). Sectors must also meet a 50-percent or 
greater redfish catch threshold and a less than 5-percent groundfish 
discards threshold, each on a monthly basis. This exemption is 
monitored and approved as part of the standard sector operations plan 
annual or biennial approval process, which considers the objectives of 
the FMP in approving and disapproving exemption requests.
    The proposed universal exemption would expand the current redfish 
exemption area (Figure 2), create two seasonal closures of the redfish 
exemption area, add a 55-percent or greater annual redfish catch 
threshold, modify the existing monthly catch and discard thresholds, 
and create provisions that require sectors to be placed in probationary 
status and/or have their vessels prohibited from using the universal 
exemption if catch or discard thresholds are not met. The reporting and 
monitoring requirements of the universal exemption would remain the 
same as the annually approved redfish exemption, however, those 
requirements would be codified in regulation rather than detailed in 
sector operations plans. The Council put forward a universal redfish 
exemption, instead of an annual sector exemption, in order to increase 
stability for fishery participants and to improve Council oversight of 
the redfish fishery.
    If approved, the redfish exemption would be added to the list of 
universal sector exemptions. Additionally, a sector redfish exemption 
program, corresponding to the universal exemption, would be described 
in regulations, defining terms of the program, including vessel 
eligibility, area, gear, monitoring thresholds, and other 
administrative elements of the exemption program. Under the program, 
eligibility would be limited to sector vessels that hold Northeast 
multispecies permits permitting the use of 6.5-inch (16.5-cm) inch 
codends under existing regulations. The defined Redfish Exemption Area 
would encompass much of the offshore portion of the Gulf of Maine 
regulated mesh area south of 43 degrees 20 minutes North latitude, and 
portions of the Georges Bank regulated mesh area north of 42 degrees 
North latitude (Figure 2). There would be two seasonal closures of the 
Redfish Exemption Area: The Redfish Exemption Area Cod Closure and the 
Redfish Exemption Area Seasonal Closure II. The Redfish Exemption Area 
Cod Closure, which aligns with block 131, would be closed to redfish 
exemption fishing for the months of February and March to avoid catch 
of Gulf of Maine cod (Figure 2). The Redfish Exemption Area Seasonal 
Closure II, which includes the United States portion of statistical 
area 464, would be closed to redfish exemption fishing from September 1 
through December 31 to reduce catch of non-redfish stocks (Figure 2). 
Vessels fishing under the proposed universal exemption would continue 
to be prohibited from fishing in groundfish closure areas, habitat 
management areas, or any other areas that prohibit fishing with trawl 
gear that fall within the bounds of the Redfish Exemption Area.
BILLING CODE 3510-22-P

[[Page 33200]]

[GRAPHIC] [TIFF OMITTED] TP24JN21.004


[[Page 33201]]


[GRAPHIC] [TIFF OMITTED] TP24JN21.005

BILLING CODE 3510-22-C
    Vessels planning to fish under the provisions of the proposed 
exemption program would be required to declare their intent to fish 
under the exemption prior to leaving the dock. Vessels would also be 
required to submit pre-trip notifications for observer coverage 
selection, and to carry observers or at-sea monitors if selected for 
coverage, or to use electronic monitoring consistent with monitoring 
regulations. Vessels declaring into the program would be required to 
submit daily catch reports even if they do not use the exemption. 
Vessels would be allowed to fish for groundfish as they normally would 
on the first part of their groundfish trip, inside or out of the 
Redfish Exemption Area. Prior to fishing with a smaller mesh codend 
under the universal exemption, vessels would be required to notify NMFS 
that they are switching to small mesh; this notification indicates that 
the vessel is now on the redfish portion of its trip. Vessels would be 
prohibited from fishing outside the Redfish Exemption Area when on the 
redfish exemption portion of their trip, and all activity during this 
portion of the trip, regardless of mesh size, would contribute to catch 
and discard thresholds. Vessels that do not submit this notification, 
daily catch reports, or declare into the exemption program would be 
prohibited from participating in the exemption for that trip. On the 
redfish portion of their trips, vessels would be allowed to use a 
codend with mesh of 5.5 inches (14.0 cm) or larger, square or diamond. 
Codends with mesh smaller than would otherwise be permitted by 
regulation would be required to be stowed during transit to and from 
the Redfish Exemption Area, and when not in use. Vessels would also be 
required to stow any non-trawl gear for the duration of a trip where 
the vessel has declared its intent to fish under the redfish exemption.
    The proposed universal redfish exemption would require sectors to 
meet several catch and discard thresholds to encourage responsible use 
of the exemption by sector vessels to harvest redfish. The thresholds 
include a monthly landings threshold of 50-percent or greater redfish 
among landings of allocated groundfish, a monthly discard threshold of 
5-percent or less discards of all groundfish from total observed catch, 
and an annual landings threshold of 55-percent or greater redfish among 
landings of allocated groundfish. All thresholds would be for the 
exemption portion of trips by the vessels in each sector. If the 
vessels in a sector fail to meet the monthly landings or discard 
thresholds for four or more months or three consecutive months in a 
fishing year, the Regional Administrator would be required to prohibit 
vessels in that sector from fishing under the exemption for the 
remainder of the fishing year. Additionally, the Regional Administrator 
would be required to place the sector in a probationary status

[[Page 33202]]

for the following fishing year. Similarly, if the vessels in a sector 
failed to meet the annual landings threshold in a given fishing year, 
the Regional Administrator would be required to place the sector in a 
probationary status the following fishing year. If a sector is under 
probationary status and fails to meet either the monthly landings or 
discard thresholds for four or more months or three consecutive months, 
the Regional Administrator would be required to prohibit vessels in 
that sector from fishing under the redfish exemption for the remainder 
of that fishing year, and the following fishing year. If the vessels in 
a sector under probationary status fail to meet the annual catch 
threshold, then the Regional Administrator would be required to 
prohibit vessels in that sector from fishing under the exemption for 
the following fishing year. NMFS would monitor the thresholds, notify 
sectors if they fail to meet the thresholds, and make necessary changes 
to sector operations plans and letters of authorization to implement 
probationary status or prohibitions on exemption fishing as needed.
    The Council would review the universal redfish exemption after the 
next peer-reviewed stock assessment is completed for the redfish stock. 
The review would consider the Council's goals and objectives for the 
exemption including: To achieve optimum yield of redfish, to allow the 
use of efficient mesh codend to harvest redfish, to increase redfish 
harvest while reducing bycatch of other stocks, to allow operational 
flexibility for vessels targeting redfish, and to exclude areas from 
the exemption which provide little opportunity to efficiently target 
redfish or achieve performance thresholds.

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 61, 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 61 proposes to 
revise groundfish fishery specifications for fishing years 2021-2023 
(May 1, 2021, through April 30, 2024) for nine groundfish stocks. 
Specifications for shared U.S./Canada groundfish stocks would also be 
updated for the 2021 fishing year. The recreational groundfish, 
Atlantic sea scallop, small-mesh multispecies, Atlantic herring, and 
large-mesh non-groundfish fisheries would be affected by the setting of 
specifications and sub-allocations of various groundfish stocks 
including: GOM cod and GOM haddock for the recreational groundfish 
fishery, four flatfish stocks (GB yellowtail flounder, SNE/MA 
yellowtail flounder, northern windowpane flounder, and southern 
windowpane founder) for the Atlantic sea scallop fishery, GB yellowtail 
flounder for the small-mesh groundfish fishery, and GOM and GB haddock 
for the Atlantic herring midwater trawl fishery. Framework 61 would 
also revise SDCs for GB winter flounder and SNE/MA winter flounder as 
well as revise the stock rebuilding strategy for white hake. Lastly, 
Framework 61 would implement a universal sector exemption to allow 
sectors to target redfish with 5.5-inch (14.0-cm) mesh codend in a 
specified exemption area.
    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 has 
established a small business size standard for businesses, including 
their affiliates, whose primary industry is commercial fishing (see 50 
CFR 200.2). A business primarily engaged in commercial fishing (NAICS 
code 11411) is classified as a small business if it is independently 
owned and operated, is not dominant in its field of operation 
(including its affiliates), and has combined annual receipts not in 
excess of $11 million for all its affiliated operations worldwide. The 
determination as to whether the entity is large or small is based on 
the average annual revenue for the three years from 2017 through 2019. 
The Small Business Administration (SBA) has established size standards 
for all other major industry sectors in the U.S., including for-hire 
fishing (NAICS code 487210). These entities are classified as small 
businesses if combined annual receipts are not in excess of $8.0 
million for all its affiliated operations. As with commercial fishing 
businesses, the annual average of the three most recent years (2017-
2019) is utilized in determining annual receipts for businesses 
primarily engaged in for-hire fishing.
    As of June 1, 2020, NMFS had issued 762 commercial limited-access 
groundfish permits associated with vessels (including those in 
confirmation of permit history, CPH), 584 party/charter groundfish 
permits, 706 limited access and general category Atlantic sea scallop 
permits, 693 small-mesh multispecies permits, 81 Atlantic herring 
permits, and 810 large-mesh non-groundfish permits (limited access 
summer flounder and scup permits). Therefore, this action potentially 
regulates 3,636 permits. When accounting for overlaps between 
fisheries, this number falls to 2,102 permitted vessels. Each vessel 
may be individually owned or part of a larger corporate ownership 
structure, and for RFA purposes, it is the ownership entity that is 
ultimately regulated by the proposed action. Ownership entities are 
identified on June 1st 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 2019 permits and contains gross 
sales associated with those permits for calendar years 2017 through 
2019.
    Based on the ownership data, 1,637 distinct business entities hold 
at least one permit that the proposed action potentially regulates. All 
1,637 business entities identified could be directly regulated by this 
proposed action. Of these 1,637 entities, 1,000 are commercial fishing 
entities, 293 are for-hire entities, and 344 did not have revenues 
(were inactive in 2019). Of the 1,000 commercial fishing entities, 990 
are categorized as small entities and 10 are categorized as large 
entities, per the NMFS guidelines. All 293 for-hire entities are 
categorized as small businesses.
    The Framework 61 measures would enhance the operational flexibility 
of fishermen and increase profits overall. The measures proposed in 
Framework 61 are estimated to generate $44.9-$45.3 million in sector 
revenue from the catch

[[Page 33203]]

of Multispecies groundfish, $62.7-$63.5 million in total revenue from 
all fish caught on sector groundfish trips, and $46.4-$47.1 million in 
operating profit from sector groundfish trips during fishing year 2021. 
Under No Action, estimated sector revenue from the catch of 
Multispecies groundfish is $11.4 million, revenue from all fish caught 
on sector groundfish trips is $16.0 million, and operating profit from 
sector groundfish trips is $11.8 million. Small entities engaged in the 
commercial sector groundfish fishery will therefore be positively 
impacted by the proposed action, relative to No Action. Small entities 
engaged in common pool groundfish fishing are also expected to be 
positively impacted by the proposed action. Other commercial fisheries 
which have sub-ACLs for groundfish stocks (Atlantic sea scallop, 
Atlantic herring, small-mesh multispecies, large-mesh non-groundfish), 
are not expected to be negatively impacted by the proposed action, if 
catch follows recent performance in these fisheries. The details of 
these economic analyses are included in Framework 58 (see ADDRESSES).
    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: June 21, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons stated in the preamble, 50 CFR part 648 is proposed 
to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.

0
2. In Sec.  648.14, add paragraph (k)(21) to read as follows:


Sec.  648.14   Prohibitions.

* * * * *
    (k) * * *
    (21) Universal sector exemption programs--(i) Redfish Exemption 
Program. (A) While fishing under the provisions of the Redfish 
Exemption Program, it is unlawful for any person to:
    (1) Fish with a codend of mesh smaller than 5.5-inch (14.0-cm) 
diamond or square,
    (2) Fish outside of the Redfish Exemption Area specified in Sec.  
648.85(e)(1)(ii),
    (3) Fish in the Redfish Exemption Area Cod Closure specified in 
Sec.  648.85(e)(1)(ii)(A) during the closure period,
    (4) Fish in the Redfish Exemption Area Seasonal Closure II 
specified in Sec.  648.85(e)(1)(ii)(B) during the closure period,
    (5) Fail to comply with the declaration requirements of the Redfish 
Exemption Program specified in Sec.  648.85(e)(1)(iv),
    (6) Fail to comply with the reporting requirements of the Redfish 
Exemption Program specified in Sec.  648.85(e)(1)(v), or
    (7) Fail to comply with the gear requirements of the Redfish 
Exemption Program specified in Sec.  648.85(e)(1)(vii), or fish with 
any gear other than trawl.
    (B) It is unlawful for any person to fish under the provisions of 
the Redfish Exemption Program when prohibited from doing so by the 
Regional Administrator under Sec.  648.85(e)(1)(viii)(C), or when 
ineligible or prohibited for any other reason.
    (ii) [Reserved]
* * * * *
0
3. In Sec.  648.85, add paragraph (e) to read as follows:


Sec.  648.85   Special management programs.

* * * * *
    (e) Universal exemption programs for sector vessels--(1) Redfish 
Exemption Program--(i) Eligibility. Any vessel enrolled in a NMFS 
approved Northeast multispecies sector and issued a limited access 
Northeast multispecies permit that allows the use of trawl gear 
consistent with paragraph (e)(1)(vii) of this section may fish in 
compliance with the provisions of the Redfish Exemption Program 
described in paragraphs (e)(1)(ii) through (viii) of this section, 
except those vessels enrolled in a sector whose members have been 
prohibited from doing so by the Regional Administrator under paragraph 
(e)(1)(viii)(C) of this section, or those vessels ineligible or 
prohibited for any other reason. Letters of authorization issued 
pursuant to Sec.  648.87(c)(2) shall authorize or prohibit 
participation in the program by sector vessels consistent with 
paragraph (e)(1)(viii)(C) of this section.
    (ii) Redfish Exemption Area. The Redfish Exemption Area is the area 
defined by straight lines connecting the following points in the order 
stated (a chart depicting this area is available from the Regional 
Administrator upon request):

                    Table 14 to Paragraph (e)(1)(ii)
------------------------------------------------------------------------
              Point                      N Lat.             W Long.
------------------------------------------------------------------------
A................................  43[deg]00'........  69[deg]55'
B................................  43[deg]00'........  69[deg]30'
C................................  43[deg]20'........  69[deg]30'
D................................  43[deg]20'........  (\1\)
E................................  42[deg]53.24'.....  67[deg]44.55'
F................................  42[deg]20'........  (\2\)
G................................  42[deg]20'........  67[deg]40'
H................................  42[deg]20'........  67[deg]40'
I................................  42[deg]00'........  69[deg]37'
J................................  42[deg]20'........  69[deg]55'
A................................  43[deg]00'........  69[deg]55'
------------------------------------------------------------------------
\1\ US EEZ longitude, approximately 67[deg]35.07'.
\2\ US EEZ longitude, approximately 67[deg]18.17'.

    (A) Redfish Exemption Area Cod Closure. No vessel may participate 
in the Redfish Exemption Program inside the Redfish Exemption Area Cod 
Closure from February 1 through March 31 of each year. The Redfish 
Exemption Area Cod Closure is the area defined by straight lines 
connecting the following points in the order stated:

                   Table 15 to Paragraph (e)(1)(ii)(A)
------------------------------------------------------------------------
              Point                      N Lat.             W Long.
------------------------------------------------------------------------
A................................  43[deg]00'........  69[deg]55'
B................................  43[deg]00'........  69[deg]30'
K................................  42[deg]30'........  69[deg]30'
L................................  42[deg]30'........  69[deg]55'
A................................  43[deg]00'........  69[deg]55'
------------------------------------------------------------------------

    (B) Redfish Exemption Area Seasonal Closure II. No vessel may 
participate in the Redfish Exemption Program inside the Redfish 
Exemption Area Seasonal Closure II from September 1 through December 31 
of each year. The Redfish Exemption Area Seasonal Closure II is the 
area defined by straight lines connecting the following points in the 
order stated:

                   Table 16 to Paragraph (e)(1)(ii)(B)
------------------------------------------------------------------------
              Point                      N Lat.             W Long.
------------------------------------------------------------------------
M................................  42[deg]47.17'.....  67[deg]40'
F................................  42[deg]20'........  (\1\)

[[Page 33204]]

 
G................................  42[deg]20'........  67[deg]40'
M................................  42[deg]47.17'.....  67[deg]40'
------------------------------------------------------------------------
\1\ US EEZ longitude, approximately 67[deg]18.17'.

    (C) No vessel may participate in the Redfish Exemption Program in 
any areas that are otherwise closed to fishing for Northeast 
multispecies or fishing with trawl gear, including but not limited to 
year-round closed areas, seasonal closed areas, or habitat closures.
    (iii) Season. An eligible vessel as described in paragraph 
(e)(1)(i) of this section may participate in the Redfish Exemption 
Program from May 1 through April 30 of each year as authorized in the 
vessel's letter of authorization issued pursuant to Sec.  648.87(c)(2), 
unless otherwise prohibited in the letter of authorization under 
paragraph (e)(1)(viii)(C) of this section.
    (iv) Declaration. To participate in the Redfish Exemption Program 
on a sector trip, an eligible vessel must declare its intent to do so 
through the VMS prior to leaving the dock, in accordance with 
instructions provided by the Regional Administrator.
    (A) Pre-trip notification. For the purposes of selecting vessels 
for observer deployment or electronic monitoring, a vessel 
participating in the Redfish Exemption Program must comply with all 
pre-trip notification requirements at Sec.  648.11(l).
    (B) [Reserved]
    (v) Reporting--(A) Daily catch reporting. The owner or operator of 
a vessel that has declared into the Redfish Exemption Program as 
required in paragraph (e)(1)(iv) of this section must submit catch 
reports via VMS, for each day of the fishing trip. Vessels subject to 
the daily reporting requirement must report daily for the entire 
fishing trip, including any portion fished outside of the Redfish 
Exemption Area. The reports must be submitted in 24-hr intervals for 
each day, beginning at 0000 hr and ending at 2359 hr, and must be 
submitted by 0900 hr of the following day, or as instructed by the 
Regional Administrator. The reports must include at least the following 
information:
    (1) VTR serial number or other universal ID specified by the 
Regional Administrator;
    (2) Date fish were caught and statistical area in which fish were 
caught; and
    (3) Total pounds of each regulated Northeast multispecies and ocean 
pout kept (in pounds, live weight) as well as the total pounds of other 
kept catch (in pounds, live weight) in each statistical area, as 
instructed by the Regional Administrator.
    (B) Redfish exemption fishing notification. Before switching to a 
smaller mesh codend allowed under the Redfish Exemption Program, the 
owner or operator of a vessel must submit a redfish exemption fishing 
notification. This notification is provided with an additional catch 
report submitted via VMS, reporting all catch on board and indicating 
that the vessel is switching to a smaller mesh codend. This 
notification indicates that the vessel is now fishing under the 
provisions of the Redfish Exemption Program. Vessels that fail to 
declare into the Redfish Exemption Program as required in paragraph 
(e)(1)(iv) of this section may not fish under the Redfish Exemption 
Program even if this notification is sent. The notification must 
include at least the following information:
    (1) VTR serial number or other universal ID specified by the 
Regional Administrator;
    (2) Date fish were caught and statistical area in which fish were 
caught;
    (3) Total pounds of each regulated Northeast multispecies and ocean 
pout kept (in pounds, live weight) as well as the total pounds of other 
kept catch (in pounds, live weight) in each statistical area, as 
instructed by the Regional Administrator; and
    (4) Indication that the vessel is now switching to a smaller mesh 
codend.
    (vi) Area fished. (A) A vessel that has declared its intent to fish 
under the Redfish Exemption Program consistent with paragraph 
(e)(1)(iv) of this section may conduct the first part of its trip 
outside the provisions of the Redfish Exemption Program, subject to all 
other Northeast multispecies regulations including codend mesh size, 
prior to sending a redfish exemption fishing notification as described 
in paragraph (e)(1)(v)(B) of this section.
    (B) Once a vessel has sent a redfish exemption fishing notification 
as described in paragraph (e)(1)(v)(B) of this section, the vessel is 
prohibited from fishing outside of the Redfish Exemption Area for the 
remainder of its trip.
    (vii) Gear requirements. Vessels may only use trawl gear when 
declared into and fishing in the Redfish Exemption Program. Vessels may 
fish in the Redfish Exemption Program with any trawl gear, including, 
but not limited to, otter trawl, haddock separator trawl, flounder 
trawl, or Ruhle trawl.
    (A) Minimum codend mesh size. The minimum codend mesh size for 
vessels fishing in the Redfish Exemption Program is 5.5-inch square or 
diamond mesh. All other trawl net restrictions listed in Sec.  
648.80(a)(3)(i) and (a)(4)(i), including minimum mesh sizes for the net 
body and extensions, still apply.
    (B) Gear stowage. Codends with mesh smaller than otherwise 
permitted by regulation at Sec.  648.80(a)(3)(i) and (a)(4)(i), or 
Sec.  648.87(c)(2)(ii)(D), must be stowed during transit to and from 
the Redfish Exemption Area, and when not in use under the Redfish 
Exemption Program. Any non-trawl fishing gear must be stowed for the 
duration of any trip for which a vessel declared its intent to fish 
under the Redfish Exemption Program consistent with paragraph 
(e)(1)(iv) of this section. Stowed gear must be not available for 
immediate use consistent with definitions in Sec.  648.2
    (viii) Catch Thresholds--(A) Monthly Performance Thresholds. (1) 
Monthly Redfish Landings Threshold--Monthly redfish landings by a 
sector whose member vessels fish under the provisions of the Redfish 
Exemption Program may not be less than 50 percent of all the allocated 
Northeast multispecies stocks landed each month while fishing under the 
provisions of the Redfish Exemption Program.
    (2) Monthly Discards Threshold--Monthly observed discards of 
regulated Northeast multispecies and ocean pout by a sector whose 
member vessels fish under the provisions of the Redfish Exemption 
Program may not exceed 5 percent of total observed kept catch, for 
those portions of trips fished each month under the provisions of the 
Redfish Exemption Program.
    (B) Annual Performance Thresholds. (1) Annual Redfish Landings 
Threshold--Annual fishing year redfish landings by a sector whose 
member vessels fish under the provisions of the Redfish Exemption 
Program may be no less than 55 percent of all the allocated Northeast 
multispecies stocks landed while fishing under the provisions of the 
Redfish Exemption Program.
    (C) Administration of Thresholds. (1) If a sector fails to meet the 
monthly redfish landings threshold or the monthly discards threshold 
described in paragraphs (e)(1)(viii)(A)(1) and (2) of this section for 
four or more months total, or three or more consecutive months, in a 
fishing year, the Regional Administrator shall prohibit all vessels in 
that sector from fishing under the provisions of the Redfish Exemption 
Program for the remainder of the fishing year, and place the sector and 
its vessels in a probationary status for one fishing year beginning the 
following fishing year.

[[Page 33205]]

    (2) If a sector fails to meet the annual redfish landings threshold 
described in paragraph (e)(1)(viii)(B)(1) of this section in a fishing 
year, the Regional Administrator shall place the sector and its vessels 
in a probationary status for one fishing year beginning the following 
fishing year.
    (3) While in probationary status as described in paragraph 
(e)(1)(viii)(C)(1) or (2) of this section, if the sector fails to meet 
the monthly redfish landings threshold or the monthly discards 
threshold described in paragraphs (e)(1)(viii)(A)(1) and (2) of this 
section for four or more months total, or three or more consecutive 
months, in that fishing year, the Regional Administrator shall prohibit 
all vessels in that sector from fishing under the provisions of the 
Redfish Exemption Program for the remainder of the fishing year and the 
following fishing year.
    (4) If a sector fails to meet the annual redfish landings threshold 
in (e)(1)(viii)(B)(1) of this section for any fishing year during which 
the sector is in a probationary status as described in paragraph 
(e)(1)(viii)(C)(1) or (2) of this section, the Regional Administrator 
shall prohibit all vessels in that sector from fishing under the 
provisions of the Redfish Exemption Program for the following fishing 
year.
    (5) The Regional Administrator may determine a sector has failed to 
meet required monthly or annual thresholds described in paragraphs 
(e)(1)(viii)(A) and (B) of this section using available information 
including, but not limited to, vessel declarations and notifications, 
vessel trip reports, dealer reports, and observer and electronic 
monitoring records.
    (6) The Regional Administrator shall notify a sector of a failure 
to meet the required monthly or annual thresholds and the sector's 
vessels prohibition or probation status consistent with the provisions 
in paragraphs (e)(1)(viii)(C)(1) through (5) of this section. The 
Regional Administrator shall also make administrative amendments to the 
approved sector operations plan and issue sector vessel letters of 
authorization consistent with the provisions in paragraphs 
(e)(1)(viii)(C)(1) through (5) of this section. These administrative 
amendments may be made during a fishing year or during the sector 
operations plan and sector contract approval process.
    (7) A sector may request in writing that the Regional Administrator 
review and reverse a determination made under the provisions of this 
section within 30 days of the date of the Regional Administrator's 
determination. Any such request must be based on information showing 
the sector complied with the required thresholds, including, but not 
limited to, landing, discard, observer or electronic monitoring 
records. The Regional Administrator will review and maintain or reverse 
the determination and notify the sector of this decision in writing. 
Any determination resulting from a review conducted under this 
provision is final and may not be reviewed further.
    (ix) Program review. The Council will review the Redfish Exemption 
Program after the first peer-reviewed redfish stock assessment 
following implementation of the program. The Council will prepare a 
report, which may include, but is not limited to, an evaluation of 
threshold performance, vessel-level performance, bycatch of non-redfish 
stocks, and changes in catch selectivity, and will consider the goals 
and objectives of the Redfish Exemption Program and the FMP, The 
Council may decide, as needed, to conduct additional reviews following 
the review outlined in this section.
    (2) [Reserved]
* * * * *
0
4. Amend Sec.  648.87 by revising paragraphs (c)(2)(ii)(B) through (D) 
and adding paragraph (c)(2)(ii)(E) to read as follows:


Sec.  648.87   Sector allocation.

* * * * *
    (c) * * *
    (2) * * *
    (ii) * * *
    (B) The GOM Cod Protection Closures IV and V specified in Sec.  
648.81(d)(4)(iv) and (v);
    (C) NE multispecies DAS restrictions other than those required to 
comply with effort controls in other fisheries, as specified in 
Sec. Sec.  648.92 and 648.322;
    (D) The minimum codend mesh size restrictions for trawl gear 
specified in Sec.  648.80(a)(4)(i) when using a haddock separator trawl 
defined in Sec.  648.85(a)(3)(iii) or the Ruhle trawl defined in Sec.  
648.85(b)(6)(iv)(J)(3) within the GB RMA, as defined in Sec.  
648.80(a)(2), provided sector vessels use a codend with 6-inch (15.2-
cm) minimum mesh; and
    (E) The minimum codend mesh size restrictions for trawl gear 
specified in Sec.  648.80(a)(3)(i) or (a)(4)(i) when fishing in 
compliance with the provisions of the Redfish Exemption Program defined 
in Sec.  648.85(e)(1).
* * * * *
[FR Doc. 2021-13410 Filed 6-23-21; 8:45 am]
BILLING CODE 3510-22-P