81_FR_15057 81 FR 15003 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Framework Adjustment 55

81 FR 15003 - Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Framework Adjustment 55

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 54 (March 21, 2016)

Page Range15003-15033
FR Document2016-06186

This action proposes approval of, and regulations to implement, Framework Adjustment 55 to the Northeast Multispecies Fishery Management Plan. This rule would set 2016-2018 catch limits for all 20 groundfish stocks, adjust the groundfish at-sea monitoring program, and adopt several sector measures. This action is necessary to respond to updated scientific information and 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.

Federal Register, Volume 81 Issue 54 (Monday, March 21, 2016)
[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)]
[Proposed Rules]
[Pages 15003-15033]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06186]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 151211999-6209-01]
RIN 0648-BF62


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Groundfish Fishery; Framework Adjustment 55

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: This action proposes approval of, and regulations to 
implement, Framework Adjustment 55 to the Northeast Multispecies 
Fishery Management Plan. This rule would set 2016-2018 catch limits for 
all 20 groundfish stocks, adjust the groundfish at-sea monitoring 
program, and adopt several sector measures. This action is necessary to 
respond to updated scientific information and 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 April 5, 2016.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2016-0019, 
by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal eRulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0019;
    2. Click the ``Comment Now!'' icon and complete the required 
fields; and
    3. Enter or attach your comments.
     Mail: Submit written comments to John K. Bullard, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on the Proposed Rule for Groundfish Framework Adjustment 
55.''
    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

[[Page 15004]]

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 55, including the draft 
Environmental Assessment, the Regulatory Impact Review, and the Initial 
Regulatory Flexibility 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.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies.
    Written comments regarding the burden-hour estimates or other 
aspects of the collection-of-information requirements contained in this 
rule should be submitted to the Regional Administrator at the address 
above and to the Office of Management and Budget by email at 
OIRA_Submission@omb.eop.gov, or fax to (202) 395-7285.

FOR FURTHER INFORMATION CONTACT: Aja Szumylo, Fishery Policy Analyst, 
phone: 978-281-9195; email: Aja.Szumylo@noaa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

1. Summary of Proposed Measures
2. Status Determination Criteria
3. 2016 Fishing Year Shared U.S./Canada Quotas
4. Catch Limits for the 2016-2018 Fishing Years
5. Default Catch Limits for the 2019 Fishing Year
6. Groundfish At-Sea Monitoring Program Adjustments
7. Other Framework 55 Measures
8. Sector Measures for the 2016 Fishing Year
9. 2016 Fishing Year Annual Measures Under Regional Administrator 
Authority
10. Regulatory Corrections Under Regional Administrator Authority

1. Summary of Proposed Measures

    This action would implement the management measures in Framework 
Adjustment 55 to the Northeast Multispecies Fishery Management Plan 
(FMP). The Council deemed the proposed regulations consistent with, and 
necessary to implement, Framework 55, in a February 25, 2016, letter 
from Council Chairman E.F. ``Terry'' Stockwell to Regional 
Administrator John Bullard. Under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), we are required 
to publish proposed rules for comment after preliminarily determining 
whether they are consistent with applicable law. The Magnuson-Stevens 
Act permits us to approve, partially approve, or disapprove measures 
proposed by the Council 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 comment on the Council's proposed measures in Framework 55 and 
whether they are consistent with the Northeast Multispecies FMP and 
Amendment 16, the Magnuson-Stevens Act and its National Standards, and 
other applicable law. Through Framework 55, the Council proposes to:
     Set 2016-2018 specifications for all 20 groundfish stocks;
     Set fishing year 2016 shared U.S./Canada quotas for 
Georges Bank (GB) yellowtail flounder and Eastern GB cod and haddock;
     Modify the industry-funded sector at-sea monitoring 
program to make the program more cost-effective, while still ensuring 
that groundfish catch is reliably monitored;
     Create a new sector;
     Modify the sector approval process so that new sectors 
would not have to be approved through a Council framework or amendment 
process;
     Adjust gear requirements to improve the enforceability of 
selective trawl gear;
     Remove the general Gulf of Maine (GOM) cod prohibition for 
recreational anglers established in Framework 53 (other recreational 
measures will be implemented in a separate rulemaking); and
     Allow sectors to transfer GB cod quota from the eastern 
U.S./Canada Area to the western area.
    This action also proposes a number of other measures that are not 
part of Framework 55, but that may be considered and implemented under 
our authority specified in the FMP. We are proposing these measures in 
conjunction with the Framework 55 proposed measures for expediency 
purposes, and because these measures are related to the catch limits 
proposed as part of Framework 55. The additional measures proposed in 
this action are listed below.
     Management measures necessary to implement sector 
operations plans--this action proposes one new sector regulatory 
exemption and annual catch entitlements for 19 sectors for the 2016 
fishing year.
     Management measures for the common pool fishery--this 
action proposes fishing year 2015 trip limits for the common pool 
fishery.
     Other regulatory corrections--we propose several 
administrative revisions to the regulations to clarify their intent, 
correct references, remove unnecessary text, and make other minor 
edits. Each proposed correction is described in the section ``10. 
Regulatory Corrections Under Regional Administrator Authority.''

2. Status Determination Criteria

    The Northeast Fisheries Science Center (NEFSC) conducted 
operational stock assessment updates in 2015 for all 20 groundfish 
stocks. The final report for the operational assessment updates is 
available on the NEFSC Web site: http://www.nefsc.noaa.gov/groundfish/operational-assessments-2015/. This action proposes to revise status 
determination criteria, as necessary, and provide updated numerical 
estimates of these criteria, in order to incorporate the results of the 
2015 stock assessments. Table 1 provides the updated numerical 
estimates of the status determination criteria, and Table 2 summarizes 
changes in stock status based on the 2015 assessment updates. Stock 
status did not change for 15 of the 20 stocks, worsened for 2 stocks 
(Southern New England/Mid-Atlantic (SNE/MA) yellowtail flounder and GB 
winter flounder), improved for 1 stock (Northern windowpane flounder), 
and became more uncertain for 2 stocks (GB cod and Atlantic halibut).
    As described in more detail below, status determination relative to 
reference points is no longer possible for GB cod and Atlantic halibut. 
However, the proposed changes do not affect the rebuilding plans for 
these stocks. The rebuilding plan for GB cod has an end date of 2026, 
and the rebuilding plan for halibut has an end date of 2056. Although 
numerical estimates of status determination criteria are currently not 
available, to ensure that rebuilding progress is made, catch limits 
will continue to be set at levels that the Council's Scientific and 
Statistical Committee (SSC) determines will prevent overfishing. 
Additionally, at whatever point the stock assessment for GB cod and 
halibut can provide biomass estimates, these estimates will be used to 
evaluate progress towards the rebuilding targets.

[[Page 15005]]



                          Table 1--Numerical Estimates of Status Determination Criteria
----------------------------------------------------------------------------------------------------------------
                                                                   Maximum fishing
                Stock                 Biomass target  (SSBMSY    mortality threshold            MSY (mt)
                                           or Proxy (mt))          (FMSY or Proxy)
----------------------------------------------------------------------------------------------------------------
GB Cod..............................  NA.....................  NA.....................  NA
    M=0.2 Model.....................  40,187.................  0.185..................  6,797
GOM Cod
    Mramp Model.....................  59,045.................  0.187..................  10,043
GB Haddock..........................  108,300................  0.39...................  24,900
GOM Haddock.........................  4,623..................  0.468..................  1,083
GB Yellowtail Flounder..............  NA.....................  NA.....................  NA
SNE/MA Yellowtail Flounder..........  1,959..................  0.35...................  541
CC/GOM Yellowtail Flounder..........  5,259..................  0.279..................  1,285
American Plaice.....................  13,107.................  0.196..................  2,675
Witch Flounder......................  9,473..................  0.279..................  1,957
GB Winter Flounder..................  6,700..................  0.536..................  2,840
GOM Winter Flounder.................  NA.....................  0.23 exploitation rate.  NA
SNE/MA Winter Flounder..............  26,928.................  0.325..................  7,831
Acadian Redfish.....................  281,112................  0.038..................  10,466
White Hake..........................  32,550.................  0.188..................  5,422
Pollock.............................  105,226................  0.277..................  19,678
Northern Windowpane Flounder........  1.554 kg/tow...........  0.45 c/i...............  700
Southern Windowpane Flounder........  0.247 kg/tow...........  2.027 c/i..............  500
Ocean Pout..........................  4.94 kg/tow............  0.76 c/i...............  3,754
Atlantic Halibut....................  NA.....................  NA.....................  NA
Atlantic Wolffish...................  1,663..................  0.243..................  244
----------------------------------------------------------------------------------------------------------------
SSB = Spawning Stock Biomass; MSY = Maximum Sustainable Yield; F = Fishing Mortality; M = Natural Mortality.
Note. A brief explanation of the two assessment models for GOM cod is provided in the section ``4. Catch Limits
  for the 2016-2018 Fishing Years.''


                                   Table 2--Summary of Changes to Stock Status
----------------------------------------------------------------------------------------------------------------
                                                     Previous assessment                 2015 Assessment
                    Stock                    -------------------------------------------------------------------
                                                Overfishing?     Overfished?      Overfishing?     Overfished?
----------------------------------------------------------------------------------------------------------------
GB Cod......................................             Yes              Yes              Yes              Yes
GOM Cod.....................................             Yes              Yes              Yes              Yes
GB Haddock..................................              No               No               No               No
GOM Haddock.................................              No               No               No               No
GB Yellowtail Flounder......................         Unknown          Unknown          Unknown          Unknown
SNE/MA Yellowtail Flounder..................              No               No              Yes              Yes
CC/GOM Yellowtail Flounder..................             Yes              Yes              Yes              Yes
American Plaice.............................              No               No               No               No
Witch Flounder..............................             Yes              Yes              Yes              Yes
GB Winter Flounder..........................              No               No              Yes              Yes
GOM Winter Flounder.........................              No          Unknown               No          Unknown
SNE/MA Winter Flounder......................              No              Yes               No              Yes
Acadian Redfish.............................              No               No               No               No
White Hake..................................              No               No               No               No
Pollock.....................................              No               No               No               No
Northern Windowpane Flounder................             Yes              Yes               No              Yes
Southern Windowpane Flounder................              No               No               No               No
Ocean Pout..................................              No              Yes               No              Yes
Atlantic Halibut............................              No              Yes               No              Yes
Atlantic Wolffish...........................              No              Yes               No              Yes
----------------------------------------------------------------------------------------------------------------

Georges Bank Cod Status Determination Criteria

    The 2015 assessment update for GB cod was an update of the existing 
2012 benchmark assessment (available at: http://www.nefsc.noaa.gov/saw/
). The 2012 benchmark assessment determined that the stock is 
overfished, and that overfishing is occurring. The peer review panel 
for the 2015 assessment update concluded that the updated assessment 
model was not acceptable as a scientific basis for management advice. 
Several model performance-indicators suggested that the problems in the 
2012 benchmark assessment are worse in the 2015 assessment update. 
There was a strong retrospective pattern in the benchmark assessment 
that worsened considerably in the assessment update. The retrospective 
pattern causes the model to overestimate stock biomass and 
underestimate fishing mortality. Neither assessment could definitively 
identify the cause of the retrospective pattern, but both cited 
uncertainty in the estimates of catch and/or natural mortality 
assumptions used in the assessments. The 2012 benchmark assessment 
accounted for the retrospective pattern using a retrospective 
adjustment. However, when the retrospective adjustment was applied in 
the 2015 assessment update to generate short-term catch projections, 
the assessment model failed. Based on this, and other indications that 
the model is no longer a good fit for the

[[Page 15006]]

available data, the review panel recommended that an alternative 
approach should be used to provide management advice.
    Although the review panel concluded that GB cod catch advice should 
be based on an alternative approach, it recommended that the 2012 
benchmark assessment is the best scientific information for stock 
status determination. All information available in the 2015 assessment 
update indicates that stock size has not increased, and that the 
condition of the stock is still poor. As a result, based on the 2015 
assessment update, the stock remains overfished and overfishing is 
occurring. However, because the assessment model was not accepted 
during the 2015 assessment, there are no longer numerical estimates of 
the status determination criteria.

Atlantic Halibut Status Determination Criteria

    This 2015 assessment update for Atlantic halibut is an operational 
update of the existing 2010 benchmark assessment and a 2012 assessment 
update (both available at: http://www.nefsc.noaa.gov/saw/). The 
previous assessments determined that the stock was overfished but that 
overfishing was not occurring. Though the previous assessments were 
used to provide catch advice and make status determinations for this 
stock, the review panel for the 2015 assessment update saw a number of 
limitations in the model and concluded it was no longer an appropriate 
basis for management advice. All information available for the 2015 
assessment indicates that the stock has not increased, and that the 
condition of the stock is still poor. However, the results of the 
assessment model indicated that the stock is near or above its unfished 
biomass and could support a directed fishery. The review panel noted 
that the model is very simplistic and uses a number of assumptions 
(e.g., no immigration or emigration from the stock) that are likely not 
true for the stock. As a result, the review panel recommended a 
benchmark assessment to develop a new Atlantic halibut stock assessment 
model and explore stock boundaries. In the interim, the peer review 
panel recommended that an alternative approach should be used to 
provide management advice.

3. 2016 Fishing Year 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. Each year, the Transboundary Management Guidance 
Committee (TMGC), which is a government-industry committee made up of 
representatives from the U.S. and Canada, 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 U.S. 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 SSC also recommends an acceptable 
biological catch (ABC) for the stock, which 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 United States 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 accounted 
for in these overall ABCs, and must be consistent with the SSC's 
recommendation for the total GB stocks.

2016 U.S./Canada Quotas

    The Transboundary Resources Assessment Committee (TRAC) conducted 
assessments for the three transboundary stocks in July 2015, and 
detailed summaries of these assessments can be found at: http://www.nefsc.noaa.gov/saw/trac/. The TMGC met in September 2015 to 
recommend shared quotas for 2016 based on the updated assessments, and 
the Council adopted the TMGC's recommendations in Framework 55. The 
proposed 2016 shared U.S./Canada quotas, and each country's allocation, 
are listed in Table 3.

 Table 3--Proposed 2016 Fishing Year U.S./Canada Quotas (mt, live weight) and Percent of Quota Allocated to Each
                                                     Country
----------------------------------------------------------------------------------------------------------------
                                                                                Eastern GB       GB Yellowtail
                         Quota                             Eastern GB Cod        Haddock            Flounder
----------------------------------------------------------------------------------------------------------------
Total Shared Quota.....................................                625             37,000                354
U.S. Quota.............................................          138 (22%)       15,170 (41%)          269 (76%)
Canada Quota...........................................          487 (78%)       21,830 (59%)           85 (24%)
----------------------------------------------------------------------------------------------------------------

    The Council's proposed 2016 U.S. quota for eastern GB haddock would 
be a 15-percent reduction compared to 2015. This reduction is due to a 
reduction in the amount of the shared quota that is allocated to the 
U.S. The Council's proposed U.S. quotas for eastern GB cod and GB 
yellowtail flounder would be an 11-percent and 9-percent increase, 
respectively, compared to 2015, which are a result of an increase in 
the amounts allocated to the U.S. For a more detailed discussion of the 
TMGC's 2016 catch advice, see the TMGC's guidance document at: http://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/index.html. Additionally, the proposed 2016 catch limit 
for GB yellowtail flounder is discussed in more detail in section ``4. 
Catch Limits for the 2016-2018 Fishing Years.''
    The regulations implementing the U.S./Canada Resource Sharing 
Understanding require that any overages of the U.S. quota for eastern 
GB cod, eastern GB haddock, or GB yellowtail flounder be deducted from 
the U.S. quota in the following fishing year. If catch information for 
the 2015 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 2016 fishing year in a future management action, as 
close to May 1, 2016, as possible. If any fishery

[[Page 15007]]

that is allocated a portion of the U.S. quota exceeds its allocation 
and causes an overage of the overall U.S. quota, the overage reduction 
would only be applied to that fishery's allocation in the following 
fishing year. This ensures that catch by one component of the fishery 
does not negatively affect another component of the fishery.

4. Catch Limits for the 2016-2018 Fishing Years

Summary of the Proposed Catch Limits

    The catch limits proposed by the Council in this action can be 
found in Tables 4 through 11. 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 III to the 
Framework 55 Environmental Assessment (see ADDRESSES for information on 
how to get this document).
    Through Framework 55, the Council proposes to adopt catch limits 
for all 20 groundfish stocks for the 2016-2018 fishing years based on 
the 2015 operational assessment updates. In addition, the Council 
proposes to update the 2016 catch limits for GB cod and haddock based 
on the proposed U.S./Canada quotas for the portions of these stocks 
managed jointly with Canada. Catch limit increases are proposed for 10 
stocks; however, for a number of stocks, the catch limits proposed in 
this action are substantially lower than the catch limits set for the 
2015 fishing year (with decreases ranging from 14 to 67 percent). Table 
4 details the percent change in the 2016 catch limit compared to the 
2015 fishing year.

Overfishing Limits and Acceptable Biological Catches

    The overfishing limit (OFL) serves as the maximum amount of fish 
that can be caught in a year without resulting in overfishing. The OFL 
for each stock is calculated using the estimated stock size and 
FMSY (i.e., the fishing mortality rate that, if applied over 
the long term, would result in maximum sustainable yield). The OFL does 
not account for scientific uncertainty, so the SSC typically recommends 
an ABC that is lower than the OFL in order to account for this 
uncertainty. Usually, the greater the amount of scientific uncertainty, 
the lower the ABC is set compared to the OFL. For GB cod, GB haddock, 
and GB yellowtail flounder, the total ABC is then reduced by the amount 
of the Canadian quota (see Table 3 for the Canadian share of these 
stocks). Additionally, although GB winter flounder 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 (87 
mt) and Atlantic halibut (34 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. Additional details about the Council's proposed 
ABCs for SNE/MA yellowtail flounder and witch flounder are provided 
below.

                             Table 4--Proposed Fishing Years 2016-2018 Overfishing Limits and Acceptable Biological Catches
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       2016                                            2017                            2018
                  Stock                  -------------------------------- Percent change ---------------------------------------------------------------
                                                OFL          U.S. ABC        from 2015          OFL          U.S. ABC           OFL          U.S. ABC
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod..................................           1,665             762            -62%           1,665           1,249           1,665           1,249
GOM Cod.................................             667             500             30%             667             500             667             500
GB Haddock..............................         160,385          56,068            130%         258,691          48,398         358,077          77,898
GOM Haddock.............................           4,717           3,630            150%           5,873           4,534           6,218           4,815
GB Yellowtail Flounder..................         Unknown             269              8%         Unknown             354  ..............  ..............
SNE/MA Yellowtail Flounder..............         Unknown             267            -62%         Unknown             267         Unknown             267
CC/GOM Yellowtail Flounder..............             555             427            -22%             707             427             900             427
American Plaice.........................           1,695           1,297            -16%           1,748           1,336           1,840           1,404
Witch Flounder..........................             521             460            -41%             732             460             954             460
GB Winter Flounder......................             957             668            -67%           1,056             668           1,459             668
GOM Winter Flounder.....................           1,080             810             59%           1,080             810           1,080             810
SNE/MA Winter Flounder..................           1,041             780            -53%           1,021             780           1,587             780
Redfish.................................          13,723          10,338            -14%          14,665          11,050          15,260          11,501
White Hake..............................           4,985           3,754            -20%           4,816           3,624           4,733           3,560
Pollock.................................          27,668          21,312             28%          32,004          21,312          34,745          21,312
N. Windowpane Flounder..................             243             182             21%             243             182             243             182
S. Windowpane Flounder..................             833             623             14%             833             623             833             623
Ocean Pout..............................             220             165            -30%             220             165             220             165
Atlantic Halibut........................             210             124             24%             210             124             210             124
Atlantic Wolffish.......................             110              82             17%             110              82             110              82
--------------------------------------------------------------------------------------------------------------------------------------------------------
SNE/MA = Southern New England/Mid-Atlantic; CC = Cape Cod; N = Northern; S = Southern.
Note: An empty cell indicates no OFL/ABC is adopted for that year. These catch limits will be set in a future action.

Southern New England/Mid-Atlantic Yellowtail Flounder

    The 2015 operational assessment results suggest a dramatic decline 
in condition of the SNE/MA yellowtail flounder stock compared to the 
2012 benchmark assessment (available at: http://www.nefsc.noaa.gov/saw/
). Based on the results of the 2012 assessment, we declared the stock 
rebuilt. However, the results of the 2015 operational assessments 
suggest that the stock is overfished and that overfishing is occurring. 
There was also a major retrospective pattern in the 2015 operational 
assessment. In advance of the operational assessments, guidelines were 
defined for the assessments, one of

[[Page 15008]]

which required the application of an adjustment to the terminal year 
biomass in assessments with major retrospective patterns. However, for 
SNE/MA yellowtail flounder, the assessment peer review panel did not 
accept the retrospective adjustment because the adjustment led to 
failures in the short-term catch projections, and because the model had 
no other apparent issues. The peer review panel ultimately accepted the 
assessment without the retrospective adjustment.
    The SSC recognized that the stock is in poor condition, and that a 
substantial reduction in catch is necessary. The SSC expressed 
concerned that the assessment for SNE/MA yellowtail flounder did not 
follow the established guidelines and discussed whether it should not 
have passed peer review. However, the SSC recognized that the 
assessment guidelines did not address cases where a retrospective 
adjustment resulted in model failure. Given this scientific 
uncertainty, the SSC concluded that the catch projections from the 
assessment should not be used as the sole basis for catch advice. The 
SSC ultimately recommended a 3-year constant ABC of 276 mt based on the 
average of the assessment catch projections and the estimate of 2015 
catch, and recommended that the OFL be specified as unknown. In support 
of this recommendation, it noted that this compromise approach uses the 
assessment outcome as one bound for ABC advice, but does not adhere too 
strongly to those outcomes in light of the substantial uncertainties 
and procedural issues. The Council's proposed ABC is a 62-percent 
decrease from the 2015 ABC.

Witch Flounder

    The 2015 operational assessment update for witch flounder 
determined that the stock is overfished, and overfishing is occurring. 
The stock status is unchanged from the 2012 assessment update and 2008 
benchmark assessment for this stock. Witch flounder is under a 7-year 
rebuilding plan that has a target end date of 2017. Based on the 2015 
assessment update, the 2014 spawning stock biomass is at only at 22 
percent of the biomass target, and the stock is not expected to reach 
the 2017 rebuilding target even in the absence of fishing mortality. An 
important source of uncertainty for this assessment is a major 
retrospective pattern, which causes the model to underestimate fishing 
mortality and overestimate stock biomass and recruitment; the 
assessment was unable to identify the cause of the retrospective 
pattern.
    The SSC initially recommended a witch flounder OFL of 513 mt, and 
an ABC of 394 mt, based on 75 percent of FMSY. At its 
December 2015 meeting, the Council recommended the SSC's initial witch 
flounder OFL and ABC recommendations. The 394-mt ABC represented a 50-
percent decrease from the 2015 ABC. Industry members raised strong 
concern for the poor performance of the assessment model and that the 
reduction in the witch flounder ABC has the potential to severely limit 
the groundfish fishery in all areas (Southern New England, Gulf of 
Maine, and Georges Bank). In response to these concerns, the Council 
requested that the SSC reconsider the witch flounder ABC using 
additional information about incidental, non-target catch of the stock 
by groundfish vessels that was not available to the SSC when it made 
its initial ABC recommendation. The Council noted that it would be 
willing to accept the temporary risk associated with an ABC that equals 
the OFL of 513 mt.
    The SSC met on January 20, 2016, to review the biological and 
economic impacts of increasing the witch flounder ABC above its initial 
recommendation. The Groundfish Plan Development Team also updated the 
2015 catch estimate for witch flounder, which slightly increased the 
OFL estimate to 521 mt, and the 75 percent of FMSY estimate 
to 399 mt.
    The SSC acknowledged that an ABC closer to the OFL would be 
expected to result in higher rates of fishing mortality, higher 
probabilities of overfishing, and lower resulting biomass in 2017 
compared to its initial ABC recommendation. The SSC also cautioned that 
a history of overly optimistic biomass projections and the risk of 
overestimating the OFL likely mean higher biological risks with higher 
ABCs. Biomass projections out to 2018, however, suggest minimal 
biological difference between the initial ABC recommendation and the 
OFL because of the short timeframe and relatively small differences in 
the recommended catch amounts. In each instance, however, biomass is 
expected to increase from the level estimated in the 2015 assessment.
    An economic model of groundfish fishery suggested no overall 
increase in revenue with increases in the witch flounder ABC up to the 
OFL due to the likelihood that low quotas for other key stocks (GOM 
cod, GB cod, and SNE/MA yellowtail flounder) would be more restrictive. 
Industry members disagreed with the economic model results. They noted 
that the results are overly optimistic given current fishery 
conditions, and that they do not reflect the impact of a reduced witch 
flounder ABC on individual sectors.
    The SSC noted that it is possible that a lower ABC for witch 
flounder could show economic benefits at the fishery-wide level, but 
could still impose economic costs at the vessel or community level. 
After weighing the uncertainties in the biological and economic 
information, the SSC ultimately recommended that that the Council set 
the ABC no higher than 500 mt. The SSC's discussion of its revised 
witch flounder ABC recommendation is available here: http://s3.amazonaws.com/nefmc.org/1_SSC_response_witchflounder_Jan2016_FINAL.pdf.
    The Council discussed the SSC's revised witch flounder ABC 
recommendation on January 27, 2016, and recommended a witch flounder 
ABC of 460 mt, which is the midpoint between the initial ABC 
recommendation of 399 mt and the OFL of 521 mt, for the 2016-2018 
fishing years. This recommendation is 40 mt lower that the SSC's upper 
limit for the ABC, and was recommended by the Council to reduce the 
risk of overfishing while providing some flexibility for groundfish 
vessels to prosecute other healthy groundfish stocks such as haddock, 
redfish, and pollock.
    An important factor in the revised ABC recommendation for witch 
flounder ABC is that a benchmark assessment for witch flounder will be 
conducted in fall of 2016, in time to re-specify witch flounder catch 
limits for the 2017 fishing year. This new stock assessment information 
is also expected to provide additional information on the rebuilding 
potential for witch flounder and potential adjustments to the 
rebuilding plan. Thus, although the Council proposes a 3-year constant 
ABC, the catch limits adopted are expected to be in place for only 1 
year.

Annual Catch Limits

Development of Annual Catch Limits
    The U.S. ABC for each stock is divided among the various fishery 
components to account for all sources of fishing mortality. First, an 
estimate of catch expected from state waters and the ``other'' sub-
component (i.e., non-groundfish fisheries) is deducted from the U.S. 
ABC. These sub-components are not subject to specific catch controls by 
the FMP. As a result, the state waters and other sub-components are not 
allocations, and these components of the fishery are not subject to 
accountability measures if the catch limits are exceeded. After the 
state and

[[Page 15009]]

other sub-components are deducted, the remaining portion of the U.S. 
ABC is distributed to the fishery components that receive an allocation 
for the stock. Components of the fishery that receive an allocation are 
subject to accountability measures if they exceed their respective 
catch limit during the fishing year.
    Once the U.S. ABC is divided, sub-annual catch limits (sub-ACLs) 
are set by reducing the amount of the ABC distributed to each component 
of the fishery to account for management uncertainty. Management 
uncertainty is the likelihood that management measures will result in a 
level of catch greater than expected. For each stock and fishery 
component, management uncertainty is estimated using the following 
criteria: Enforceability and precision of management measures, adequacy 
of catch monitoring, latent effort, and catch of groundfish in non-
groundfish fisheries. The total ACL is the sum of all of the sub-ACLs 
and ACL sub-components, and is the catch limit for a particular year 
after accounting for both scientific and management uncertainty. 
Landings and discards from all fisheries (commercial and recreational 
groundfish fisheries, state waters, and non-groundfish fisheries) are 
counted against the ACL for each stock.
Sector and Common Pool Allocations
    For stocks allocated to sectors, the commercial groundfish sub-ACL 
is further divided into the non-sector (common pool) sub-ACL and the 
sector sub-ACL, based on the total vessel enrollment in sectors and the 
cumulative Potential Sector Contributions (PSCs) associated with those 
sectors. The preliminary sector and common pool sub-ACLs proposed in 
this action are based on fishing year 2016 PSCs and fishing year 2015 
sector rosters. Sector specific allocations for each stock can be found 
in this rule in section ``8. Sector Administrative Measures.''
Common Pool Total Allowable Catches
    The common pool sub-ACL for each stock (except for SNE/MA winter 
flounder, windowpane flounder, ocean pout, Atlantic wolffish, and 
Atlantic halibut) is further divided into trimester total allowable 
catches (TACs). The distribution of the common pool sub-ACLs into 
trimesters was adopted in Amendment 16 to the FMP and is based on 
recent landing patterns. Once we project that 90 percent of the 
trimester TAC is caught for a stock, the trimester TAC area for that 
stock is closed for the remainder of the trimester to all common pool 
vessels fishing with gear capable of catching the pertinent stock. Any 
uncaught portion of the TAC in Trimester 1 or Trimester 2 will be 
carried forward to the next trimester. Overages of the Trimester 1 or 
Trimester 2 TAC will be deducted from the Trimester 3 TAC. Any overages 
of the total common pool sub-ACL will be deducted from the following 
fishing year's common pool sub-ACL for that stock. Uncaught portions of 
the Trimester 3 TAC may not be carried over into the following fishing 
year. Table 8 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 (SAPs) and the Regular B Days-at-Sea 
(DAS) Program), in order to limit the catch of these stocks under each 
program. Tables 9 through 11 summarize the proposed Incidental Catch 
TACs for each stock and the distribution of these TACs to each special 
management program.
Closed Area I Hook Gear Haddock Special Access Program
    Overall fishing effort by both common pool and sector vessels in 
the Closed Area I Hook Gear Haddock SAP is controlled by an overall TAC 
for GB haddock, which is the target species for this SAP. The maximum 
amount of GB haddock that may be caught in any fishing year is based on 
the amount allocated to this SAP for the 2004 fishing year (1,130 mt), 
and adjusted according to the growth or decline of the western GB 
haddock biomass in relationship to its size in 2004. Based on this 
formula, the Council's proposed GB Haddock TAC for this SAP is 2,448 mt 
for the 2015 fishing year. Once this overall TAC is caught, the Closed 
Area I Hook Gear Haddock SAP will be closed to all groundfish vessels 
for the remainder of the fishing year.
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               Table 9--Proposed Common Pool Incidental Catch TACs for the 2016-2018 Fishing Years
                                                [mt, live weight]
----------------------------------------------------------------------------------------------------------------
                                                   Percentage of
                      Stock                         common pool        2016            2017            2018
                                                      sub-ACL
----------------------------------------------------------------------------------------------------------------
GB Cod..........................................               2            0.26            0.43            0.43
GOM Cod.........................................               1            0.08            0.08            0.08
GB Yellowtail Flounder..........................               2            0.08            0.11            0.00
CC/GOM Yellowtail Flounder......................               1            0.16            0.16            0.16
American Plaice.................................               5            1.13            1.17            1.22
Witch Flounder..................................               5            0.42            0.42            0.42
SNE/MA Winter Flounder..........................               1            0.71            0.71            0.71
----------------------------------------------------------------------------------------------------------------


          Table 10--Percentage of Incidental Catch TACs Distributed to Each Special Management Program
----------------------------------------------------------------------------------------------------------------
                                                                                   Closed Area I
                              Stock                                Regular B DAS     Hook Gear     Eastern US/CA
                                                                      Program       Haddock SAP     Haddock SAP
----------------------------------------------------------------------------------------------------------------
GB Cod..........................................................              50              16              34
GOM Cod.........................................................             100  ..............  ..............
GB Yellowtail Flounder..........................................              50  ..............              50
CC/GOM Yellowtail Flounder......................................             100  ..............  ..............
American Plaice.................................................             100  ..............  ..............
Witch Flounder..................................................             100  ..............  ..............
SNE/MA Winter Flounder..........................................             100  ..............  ..............
White Hake......................................................             100  ..............  ..............
----------------------------------------------------------------------------------------------------------------


      Table 11--Proposed Fishing Years 2016-2018 Incidental Catch TACs for Each Special Management Program
                                                [mt, live weight]
----------------------------------------------------------------------------------------------------------------
                                   Regular B DAS Program     Closed Area I Hook Gear      Eastern U.S./Canada
                                ---------------------------        Haddock SAP                Haddock SAP
             Stock                                         -----------------------------------------------------
                                   2016     2017     2018     2016     2017     2018     2016     2017     2018
----------------------------------------------------------------------------------------------------------------
GB Cod.........................     0.13     0.22     0.22     0.04     0.07     0.07     0.09     0.15     0.15
GOM Cod........................     0.08     0.08     0.08      n/a      n/a      n/a      n/a      n/a      n/a
GB Yellowtail Flounder.........     0.04     0.05     0.00      n/a      n/a      n/a     0.04     0.05     0.00
CC/GOM Yellowtail Flounder.....     0.16     0.16     0.16      n/a      n/a      n/a      n/a      n/a      n/a
American Plaice................     1.13     1.17     1.22      n/a      n/a      n/a      n/a      n/a      n/a
Witch Flounder.................     0.42     0.42     0.42      n/a      n/a      n/a      n/a      n/a      n/a
SNE/MA Winter Flounder.........     0.71     0.71     0.71      n/a      n/a      n/a      n/a      n/a      n/a
----------------------------------------------------------------------------------------------------------------

5. Default Catch Limits for the 2019 Fishing Year

    Framework 53 established a mechanism for setting default catch 
limits in the event a future management action is delayed. If final 
catch limits have not been implemented by the start of a fishing year 
on May 1, then default catch limits are set at 35 percent of the 
previous year's catch limit, effective until July 31 of that fishing 
year. If this value exceeds the Council's recommendation for the 
upcoming fishing year, the default catch limits will be reduced to an 
amount equal to the Council's recommendation for the upcoming fishing 
year. Because groundfish vessels are not able to fish if final catch 
limits have not been implemented, this measure was established to 
prevent disruption to the groundfish fishery. Additional description of 
the default catch limit mechanism is provided in the preamble to the 
Framework 53 final rule (80 FR 25110; May 1, 2015). The default catch 
limits for 2019 are summarized in Table 12.
    This rule announces default catch limits for the 2019 fishing year 
that will become effective May 1, 2019, until July 31, 2019, unless 
otherwise replaced by final specifications. The preliminary sector and 
common pool sub-ACLs in Table 12 are based on existing 2015 sector 
rosters, and will be adjusted based on rosters from the 2018 fishing 
year. In addition, prior to the start of the 2019 fishing year, we will 
evaluate whether any of the default catch limits announced in this rule 
exceed the Council's recommendations for 2019. If necessary, we will 
announce adjustments prior to May 1, 2019.

[[Page 15015]]



                                               Table 12--Default Specifications for the 2019 Fishing Year
                                                                    [mt, live weight]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                            Preliminary
                          Stock                              U.S. ABC        Total ACL    Groundfish sub-   Preliminary     common pool   Midwater trawl
                                                                                                ACL       sector sub-ACL      sub-ACL         fishery
--------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod..................................................             583             437             465             455              10  ..............
GOM Cod.................................................             233             175             204             127               4  ..............
GB Haddock..............................................         125,327          27,264           5,007           4,963              44              51
GOM Haddock.............................................           2,176           1,685           1,552           1,107              14              16
SNE/MA Yellowtail Flounder..............................  ..............              93              66              52              14  ..............
CC/GOM Yellowtail Flounder..............................             315             149             119             113               5  ..............
American Plaice.........................................             644             491             448             439               9  ..............
Witch Flounder..........................................             334             161             129             126               3  ..............
GB Winter Flounder......................................             511             264             233             231               2  ..............
GOM Winter Flounder.....................................             378             284             224             212              12  ..............
SNE/MA Winter Flounder..................................             555             273             205             180              25  ..............
Redfish.................................................           5,341           4,025           3,709           3,688              21  ..............
White Hake..............................................           1,657           1,268           1,168           1,160               8  ..............
Pollock.................................................          12,161           7,459           6,236           6,196              39  ..............
N. Windowpane Flounder..................................              85              64              64              na              64  ..............
S. Windowpane Flounder..................................             292             218             218              na             218  ..............
Ocean Pout..............................................              77              58              58              na              58  ..............
Atlantic Halibut........................................              74              55              55              na              55  ..............
Atlantic Wolffish.......................................              39              29              29              na              29  ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------

6. Groundfish At-Sea Monitoring Program Adjustments

    In this action, the Council proposes adjustments to the groundfish 
sector at-sea monitoring (ASM) program to make it more cost effective, 
while still ensuring the likelihood that discards for all groundfish 
stocks are monitored at a 30-percent coefficient of variation (CV). Due 
to changes in the 2015 revision to the Standardized Bycatch Reporting 
Methodology (SBRM) Amendment (80 FR 37182; June 30, 2015) that limit 
agency discretion in how Congressional funding is used to provide 
observer coverage, we are no longer able to cover industry's portion of 
ASM costs. As a result, in early 2015, we announced that sectors would 
be responsible for covering ASM costs before the end of the 2015 
calendar year. We had some funding in existing contracts to cover ASM 
costs for a portion of the 2015 fishing year, which delayed the 
operations of the industry-funded ASM program until March 2016. The 
Council was concerned that the cost burden of the ASM program to the 
fishing industry would reduce, and possibly eliminate, sector 
profitability for the remainder of the 2015 fishing year and in future 
fishing years, especially in light of recent reductions in catch limits 
for many key groundfish stocks. While the Council has expressed 
interest in exploring extensive changes to the ASM program in a future 
action (i.e., adjusting the 30-percent CV requirement), this action 
only includes minor modifications to the current ASM program. The 
following section describes the existing industry-funded ASM program, 
the current methods for deriving annual ASM coverage levels, and the 
Council's proposed adjustments to the ASM program.

Description of Existing Industry-Funded ASM Program

    Amendment 16 to the Northeast Multispecies FMP (75 FR 18261; April 
9, 2010) established industry-funded at-sea monitoring requirements 
within the sector management system to facilitate accurate monitoring 
of sector catch to ensure that sector allocations would not be 
exceeded. Amendment 16 stated that the level of ASM coverage should be 
less than 100 percent of sector trips, but meet the 30-percent CV 
standard specified in the SBRM Amendment. While Amendment 16 
established a performance standard for coverage levels, it did not 
provide guidance on what level the CV standard should be applied--
discard estimates at the stock level for all sectors, or for each 
combination of sector and stock. Framework 48 to the FMP (May 3, 2013; 
78 FR 26118) clarified that the CV standard was intended to apply to 
discard estimates at the overall stock level for all sectors combined.
    Amendment 16 did not detail explicit goals for sector monitoring 
beyond accurate catch estimation, so the Council further articulated 
the goals and objectives of the sector monitoring program in Framework 
48 in order to assist NMFS and the sectors in designing and evaluating 
proposals to satisfy monitoring requirements in sector operations 
plans. The ASM program goals and objectives established in Framework 48 
include that groundfish sector monitoring programs improve 
documentation of catch, determine total catch and effort of regulated 
species, and achieve a coverage level sufficient to minimize effects of 
potential monitoring bias to the extent possible, while enhancing fleet 
viability. Sector monitoring programs should also reduce the cost of 
monitoring, streamline data management and eliminate redundancy, 
explore options for cost-sharing, all while recognizing the opportunity 
costs of insufficient monitoring. Other goals and objectives include 
incentivizing reducing discards, providing additional data streams for 
stock assessments, reducing management and/or biological uncertainty, 
and enhancing the safety of the monitoring program. The complete list 
of goals and objectives for groundfish monitoring programs is specified 
in the NE multispecies regulations at Sec.  648.11(l) and in Framework 
48.
    For the 2010 and 2011 fishing years, there was no requirement for 
an industry-funded ASM program, and we were able to fund an ASM program 
with a target ASM coverage level of 30 percent of all trips. In 
addition, we provided 8-percent observer coverage through the Northeast 
Fishery Observer Program (NEFOP), which helps to support SBRM and stock 
assessments. This resulted in an overall target coverage level of 38 
percent, between ASM and NEFOP, for the 2010 and 2011 fishing years. We 
were able to achieve a 38-percent ASM coverage level for the 2010 and 
2011 fishing years because

[[Page 15016]]

Congressional funding was appropriated to support new catch share 
programs, which included the implementation of the sector program. 
Beginning in the 2012 fishing year, we have conducted an annual 
analysis to predict the total coverage that would likely reach a 30-
percent CV for all stocks, and would reliably estimate overall catch by 
sector vessels. Industry has been required to pay for their costs of 
ASM coverage since the 2012 fishing year, while we continued to fund 
NEFOP coverage. However, we were able to fully fund the industry's 
portion of ASM costs and NEFOP coverage during the 2012 to 2014 fishing 
years. Table 13 shows annual target coverage levels for the 2010 to 
2015 fishing years.

                         Table 13--Historic Target Coverage Level for At-Sea Monitoring
----------------------------------------------------------------------------------------------------------------
                                        Total coverage   ASM coverage   NEFOP coverage
             Fishing year                  level (%)       level (%)       level (%)         Funding source
----------------------------------------------------------------------------------------------------------------
2010..................................              38              30               8  NMFS.
2011..................................              38              30               8  NMFS.
2012..................................              25              17               8  NMFS.
2013..................................              22              14               8  NMFS.
2014..................................              26              18               8  NMFS.
2015..................................              24              20               4  NMFS and Sectors.
----------------------------------------------------------------------------------------------------------------

Historic Determination of ASM Coverage Level

    As described in further detail below, the target coverage level 
sufficient to reach a 30-percent CV for all stocks in the fishery has 
been set using the most recent full fishing year of data, based on the 
most sensitive stock, for at least 80 percent of the discarded pounds 
of all groundfish stocks.
    First, target coverage levels have been determined based on discard 
information from the most recent single full fishing year. For example, 
discard information was available only from the full 2013 fishing year 
to determine the target coverage level for the 2015 fishing year. In 
the initial years of the ASM program, multiple years of data were not 
available, and the most recent full fishing year was determined to be 
the best available information to predict target coverage levels.
    Second, because it is necessary to estimate discards with a 30-
percent CV for each of the 20 groundfish stocks, we conservatively used 
the individual stock that needed the highest coverage level to reach a 
30-percent CV in the most recent full fishing year to predict the 
annual target coverage level for the upcoming fishing year. For 
example, in 2013, of the 20 groundfish stocks, SNE/MA yellowtail 
flounder needed the highest coverage level to reach a 30-percent CV. 
Thus, the coverage level needed to reach a 30-percent CV for SNE/MA 
yellowtail flounder in 2013 was used to predict the ASM coverage level 
for the 2015 fishing year. Since the start of the ASM program in 2010, 
this approach has resulted in realized annual ASM coverage levels that 
far exceeded the 30-percent CV requirement for a vast majority of the 
20 groundfish stocks.
    Finally, in the first year that the sector program was implemented, 
we were able to fund ASM coverage at a level that reached this 
precision standard for 80 percent of the discarded pounds. In each 
subsequent year, because Congress appropriated funds to pay for 
industry's ASM costs, we sought to maintain the same statistical 
quality achieved in the 2010 fishing year by ensuring that at least 80 
percent of the discarded pounds of all groundfish stocks were estimated 
at a 30-percent CV or better. In some years, applying this standard has 
resulted in higher coverage levels than if the standard were not 
applied. For example, the application of this standard increased the 
required ASM coverage levels from 22 percent to 26 percent for the 2014 
fishing year, and from 21 percent to 24 percent in the 2015 fishing 
year.

Proposed ASM Program Adjustments

    Through this action, the Council proposes to modify the method used 
to set the target coverage level for the industry-funded ASM program 
based on 5 years of experience with ASM coverage operations for 
groundfish sectors and evaluation of the accumulated discard data. The 
Council proposed these adjustments to make the program more cost 
effective and smooth the fluctuations in the annual coverage level to 
provide additional stability for the fishing industry, while still 
providing coverage levels sufficient to meet the 30-percent CV 
requirement. The changes proposed in this action would remove ASM 
coverage for a certain subset of sector trips, use more years of 
discard information to predict ASM coverage levels, and base the target 
coverage level on the predictions for stocks that would be at a higher 
risk for an error in the discard estimate. We are seeking comment on 
our preliminarily determination that the adjustments the Council 
proposed to the ASM program are consistent with the Northeast 
Multispecies FMP and Amendment 16, the Magnuson-Stevens Act and its 
National Standards, and other applicable law.
    None of the proposed adjustments remove our obligation under 
Amendment 16 and Framework 48 to ensure sufficient ASM coverage to 
achieve a 30-percent CV for all stocks. The proposed changes would 
result in a target coverage level of 14 percent for the 2016 fishing 
year, including SBRM coverage paid in full by NEFOP. Assuming NEFOP 
covers 4 percent of trips as it has in recent years, this would result 
in sectors paying for ASM on approximately 10 percent of their vessels' 
trips in 2016. Though the proposed changes result in a reduced target 
ASM coverage level for the 2016 fishing year compared to previous 
years, there is no guarantee that the changes would result in reduced 
target coverage levels in future fishing years (i.e., using the same 
methods proposed here could result in higher coverage in 2017 or 2018 
than in recent years).
    We are only able to determine whether the target coverage level 
reaches the 30-percent CV for all stocks in hindsight, after a fishing 
year is over. Thus, while a target ASM coverage level is expected to 
generate a 30-percent CV on discard estimates, there is no guarantee 
that the required coverage level will be met or result in a 30-percent 
CV across all stocks due to changes in fishing effort and observed 
fishing activity that may happen in a given fishing year. However, 
during the 2010-2014 fishing years, the target coverage level was in 
excess of the coverage level that would have been

[[Page 15017]]

necessary to reach at least a 30-percent CV for almost every stock.
    We expect the 2016 target coverage level to achieve results 
consistent with prior years based on applying the proposed 2016 target 
coverage level to the 2010-2014 fishing year data. For example, over 
the five years from 2010-2014, coverage levels of 14 percent would have 
achieved a 30-percent CV or better for 95 out of the 100 monitored 
stocks (i.e., 20 stocks x 5 years). For two of the years, (2010 and 
2012), all of the stocks would have achieved a 30-percent CV or better. 
The lowest 30-percent CV achievement overall would have occurred in 
fishing year 2014, when 17 of the 20 groundfish stocks would have met 
the 30-percent CV under the 2016 target coverage level. The three 
stocks that would not have achieved the 30-percent CV included redfish, 
GOM winter flounder, and SNE/MA yellowtail flounder. Our application of 
the 2016 target coverage rate to 2010-2014 data, however, showed that 
stocks not achieving the 30-percent CV typically did not recur. 
Moreover, the only stock that would not have achieved a 30-percent CV 
for more than one of the five years (2 times) was SNE/MA yellowtail 
flounder. However, the proposed 14 percent coverage rate is projected 
to achieve the necessary 30-percent CV requirement for SNE/MA 
yellowtail flounder in 2016. Were a higher coverage level necessary to 
achieve the 30-percent CV requirement for this stock, coverage would be 
set equal to that level.
    Further, the risk of not achieving the required CV level for these 
stocks is mitigated by a number of factors. For example, for SNE/MA 
yellowtail flounder, a more sizeable portion of its ACL has been caught 
over the last three years (58-70 percent), but less than 10 percent of 
total catch was made up of discards. Redfish and GOM winter flounder 
were underutilized over the last three fishing years (less than 50 
percent of the ACL caught) and less than 10 percent of their total 
catch was made up of discards. Thus, even in the unexpected event of 
not achieving a CV of 30 percent, the risk to these stocks of erring in 
the discard estimates is very low.
    Table 14 describes the combined impact of the proposed adjustments, 
applied sequentially in Steps 1 through 4. Table 14 also lists the 
individual stock that would have needed the highest coverage level to 
reach a 30-percent CV and, in turn, be used to set the target ASM 
coverage level. The text that follows discusses the potential effects 
of each alternative on the target ASM coverage level for 2016 if each 
alternative were adopted in isolation.

                Table 14--Proposed ASM Program Adjustments and Resulting 2016 ASM Coverage Level
----------------------------------------------------------------------------------------------------------------
                                                     Total 2016
                Proposed action                    coverage level                   Driving stock
                                                 (NEFOP + ASM) (%)
----------------------------------------------------------------------------------------------------------------
No Action......................................                 41  Redfish.
1. Remove standard that 80% of discarded pounds                 37  Redfish.
 be monitored at a 30% CV (administrative).
2. Remove ASM coverage requirement for extra-                   37  Redfish.
 large mesh gillnet trips.
3. Use multiple years of information to                         17  Redfish.
 determine ASM coverage levels.
4. Filter the application of the 30% CV                         14  SNE/MA yellowtail flounder.
 standard based on stock status and utilization.
----------------------------------------------------------------------------------------------------------------

Removal of Standard That 80 Percent of Discarded Pounds Be Monitored at 
a 30-Percent CV

    As discussed above, from 2012 to 2015, we set coverage levels to 
ensure that at least 80 percent of the discarded pounds of all 
groundfish stocks were estimated at a 30-percent CV or better to 
maintain the same statistical quality achieved in the 2010 fishing 
year. We applied this standard during years when Congress appropriated 
funds to pay for industry costs for the ASM program (2010 and 2011), 
and in other years when we were able to fund industry's costs for ASM 
(2012-2014, and part of 2015). In some years, applying this standard 
resulted in higher coverage levels than if the standard were not 
applied. However, this additional criterion was not necessary to 
satisfy the CV requirement of the ASM program or to accurately monitor 
sector catches, and was not required by the FMP. This action proposes 
to clarify the Council's intent that target ASM coverage levels for 
sectors should be set using only realized stock-level CVs, and should 
not be set using the additional administrative standard of monitoring 
80 percent of discard pounds at a 30-percent CV or better. If 
implemented alone, removing this administrative standard would result 
in a target 2016 ASM coverage level of 37 percent.

Removing ASM Coverage Requirement for Extra-Large Mesh Gillnet Trips

    Currently, sector monitoring requirements apply to any trip where 
groundfish catch counts against a sector's annual catch entitlement 
(ACE). This Council action proposes to remove the ASM coverage 
requirement for sector trips using gillnets with extra-large mesh (10 
inches (25.4 cm) or greater) in the SNE/MA and Inshore GB Broad Stock 
Areas. A majority of catch on these trips is of non-groundfish stocks 
such as skates, monkfish, and dogfish, with minimal or no groundfish 
catch. As a result, applying the same level of coverage on these trips 
as targeted groundfish trips does not contribute to improving the 
overall precision and accuracy of sector discard estimates, and would 
not be a sufficient use of the limited resources for the ASM program. 
These trips would still be subject to SBRM coverage through NEFOP, and 
monitoring coverage levels would be consistent with non-sector trips 
that target non-groundfish species. If implemented alone, this 
alternative would result in a target ASM coverage level of 37 percent 
for the 2016 fishing year.
    This measure is intended to reduce ASM costs to sectors with 
members that take this type of extra-large mesh gillnet trip. The 
benefit of reducing ASM coverage for these trips is that resources 
would be diverted to monitor trips that catch more groundfish, which 
could improve discard estimates for directed groundfish trips. All 
other sector trips would still be required to meet the CV standard at a 
minimum. Changes in stock size or fishing behavior on these trips could 
change the amount of groundfish bycatch in future fishing years. 
However, data from 2012 to 2014 shows that groundfish catch has 
represented less than 5 percent of total catch on a majority of trips, 
and large changes are not expected. We will continue to evaluate this 
measure in the future to make sure bycatch levels remain low.

[[Page 15018]]

    Because this subset of trips would have a different coverage level 
than other sector trips in the SNE/MA and Inshore GB Broad Stock Areas, 
we would create separate discard strata for each stock caught on extra-
large gillnet trips in order to ensure the different coverage levels do 
not bias discard estimates. At this time, no adjustments to the current 
notification procedures appear necessary to implement this measure. 
Sector vessels already declare gear type and Broad Stock Area to be 
fished in the Pre-Trip Notification System, which would allow us to 
easily identify trips that are exempt from ASM coverage.
    To minimize the possibility that this measure would be used to 
avoid ASM coverage, only vessels declared into the SNE/MA and/or 
Inshore GB Broad Stock Areas using extra-large mesh gillnets would be 
exempt from the ASM coverage requirement. Vessels using extra-large 
mesh gillnet declaring into the GOM or Offshore GB Broad Stock Areas 
would not be exempt from the ASM coverage requirement. In addition, a 
vessel is already prohibited from changing its fishing plan for a trip 
once a waiver from coverage has been issued.
    Framework 48 implemented a similar measure exempting the subset of 
sector trips declared into the SNE/MA Broad Stock Area on a monkfish 
DAS and using extra-large mesh gillnets from the standard ASM coverage 
level. The Framework 48 measure gave us the authority to specify some 
lower coverage level for these trips on an annual basis when 
determining coverage rates for all other sector trips. Since this 
measure was implemented at the start of the 2013 fishing year, the ASM 
coverage level for these trips has been set to zero, and these trips 
have only been subject to NEFOP coverage. The measure proposed in this 
action would supersede the Framework 48 measure because it would 
entirely remove the ASM coverage requirement from these trips.

Using Multiple Years of Data to Determine ASM Total Coverage Levels

    Currently, data from the most recent fishing year are used to 
predict the target ASM coverage level for the upcoming fishing year. 
For example, data from the 2013 groundfish fishing year were used to 
set the target ASM coverage level for the 2015 fishing year. When a 
single year of data is used to determine the target coverage level, the 
entire coverage level is driven by the variability in discards in a 
single stock. This variability is primarily due to inter-annual changes 
in management measures and fishing activity. Though the target ASM 
coverage level has ranged from 22 to 26 percent for the last four 
fishing years, there is the potential that variability could result in 
large fluctuations of target ASM coverage levels in the future, and 
result in target coverage levels that are well above the level 
necessary to meet the 30-percent CV for most stocks. For example, 
available analyses indicates that, using the status quo methodology, 
the ASM coverage level would be 41 percent in 2016 compared to the 
current 2015 rate of 24 percent. Based on a 2016 target coverage level 
of 41 percent, the coverage level that would have been necessary to 
meet a 30-percent CV in 2014 would be exceeded by 15-39 percent for 19 
of the 20 stocks.
    This Council action proposes using information from the most recent 
three full fishing years to predict target ASM coverage levels for the 
upcoming fishing year. For example, data from the 2012 to 2014 fishing 
years would be used to predict the target ASM coverage level for the 
2016 fishing year. Now that five full years of discard data are 
available, using multiple years of data is expected to smooth inter-
annual fluctuations in the level of coverage needed to meet a 30-
percent CV that might result from changes to fishing activity and 
management measures. This measure is intended to make the annual 
determination of the target ASM coverage level more stable. For 
example, the percent coverage necessary to reach a 30-percent CV for 
redfish varied widely for the last 3 years (5 percent in 2012; 10 
percent in 2013, and 37 percent in 2014). With this measure, the 
Council intended to make the annual determination of the target ASM 
coverage level more stable. Additional stability in predicting the 
annual target ASM coverage level is beneficial in the context of the 
industry-funded ASM program. Wide inter-annual fluctuations in the 
necessary coverage level would make it difficult for groundfish vessels 
to plan for the costs of monitoring, and for ASM service providers to 
adjust staffing to meet variable demands for monitoring coverage. The 
ability for ASM service providers to successfully meet staffing needs, 
including maintaining the appropriate staff numbers and retaining 
quality monitors, increases the likelihood of achieving the target 
coverage level each year. If implemented alone, using multiple years of 
data would result in a target 2016 ASM coverage level of 17 percent.

Filtering the Application of the 30-Percent CV Standard

    This Council action proposes to filter the application of the 30-
percent CV standard consistent with existing goals for the ASM program. 
Under this alternative, stocks that meet all of the following criteria 
would not be used as the predictor for the annual target ASM coverage 
level for all stocks: (1) Not overfished; (2) Overfishing is not 
occurring; (3) Not fully utilized (less than 75 percent of sector sub-
ACL harvested); and (4) Discards are less than 10 percent of total 
catch.
    This proposed measure does not eliminate the 30-percent CV 
standard. Rather, this measure is intended to reflect the Council's 
policy that target ASM coverage level should be based on stocks that 
are overfished, are subject to overfishing, or are more fully 
utilized--stocks for which it is critical to attempt to fully account 
for past variability in discard estimates. Because stocks that meet all 
four of the filtering criteria are healthy and not fully utilized, 
there is a lower risk in erring in the discard estimate. Additionally, 
using these stocks to predict the target coverage could lead to 
coverage levels that are not necessary to accurately monitor sector 
catch.
    For the 2016 fishing year, preliminary analysis shows that, under 
the status quo methodology for determining the ASM target coverage 
level, redfish would drive the target coverage level at 37 percent. 
However, redfish is a healthy stock, and current biomass is well above 
the biomass threshold. Redfish also meets all of the filtering 
criteria--the stock is currently not overfished, overfishing is not 
occurring, only 45 percent of the sector sub-ACL was harvested in 2014, 
and only 3 percent of total catch was made up of discards. Also, 
because of the high year-to-year variability in the coverage necessary 
to achieve the 30-percent CV standard for redfish, we expect the target 
coverage level of 14 percent to meet the objective.
    If implemented alone, filtering the application of the 30-percent 
CV standard would eliminate redfish as a driver for the target ASM 2016 
coverage level, and GOM winter flounder would drive coverage at 26 
percent. If implemented in combination with the other alternatives, 
SNE/MA yellowtail flounder would drive the coverage level at 14 
percent.

Clarification of Groundfish Monitoring Goals and Objectives

    As described earlier in this section, Framework Adjustment 48 
revised and clarified the goals and objectives of the sector monitoring 
program to include, among other things, improving the documentation of 
catch, reducing the cost of monitoring, and providing

[[Page 15019]]

additional data streams for stock assessments. However, Framework 48 
did not prioritize these goals and objectives. This Council action 
clarifies that the primary goal of the sector ASM program is to verify 
area fished, catch and discards by species, and by gear type, in a 
manner that would reduce the cost of monitoring. This proposed 
adjustment to the program goals would not affect the target ASM 
coverage levels.

7. Other Framework 55 Measures

    The Council also proposed a number of additional minor adjustments 
to the FMP as part of this action.

Formation of Sustainable Harvest Sector II

    The Council proposes to approve the formation of a new sector, 
Sustainable Harvest Sector II. We must still review the sector 
operations plan submitted by Sustainable Harvest Sector II to ensure 
that it contains the required provisions for operation, and that a 
sufficient analysis is completed under the National Environmental 
Policy Act (NEPA). We propose to approve Sustainable Harvest Sector II, 
but intend to make our final determination concerning what sectors are 
approved and allocated ACE for operations for the 2016 fishing year as 
part of this rulemaking.

Modification of the Sector Approval Process

    This Council action proposes to modify to the sector approval 
process so that new sectors would not have to be approved through an 
FMP amendment or framework adjustment. Under the current process, new 
sectors must submit operations plans to the Council no less than 1 year 
prior to the date that it plans to begin operations (i.e, by May 1, 
2016, if the sector intends to operate on May 1, 2017). The Council 
must decide whether to approve the formation of a new sector through an 
amendment or framework adjustment. NMFS then reviews the operations 
plan submitted by the new sector to ensure that it contains the 
required provisions for operation and sufficient NEPA analysis before 
making final determinations about the formation of the new sector 
consistent with the Administrative Procedure Act (APA).
    Under the proposed process, new sectors would submit operations 
plans directly to NMFS no later than September 1 of the fishing year 
prior to the fishing year it intends to begin operations. For example, 
if a new sector wished to operate starting on May 1, 2017, it would 
need to submit its operations plan to NMFS no later than September 1, 
2016. NMFS would notify the Council in writing of its intent to 
consider approving new sectors. NMFS would present the submitted sector 
operations plans and any supporting analysis for the new sector at a 
Groundfish Committee meeting and a Council meeting. After its review, 
the Council would submit comments to NMFS in writing and indicate 
whether it endorses the formation of the new sector. NMFS would then 
make a final determination about new sector consistent with the APA. 
NMFS would not initiate a rulemaking to make final determinations on 
the formation of the new sector without the Council's endorsement. This 
modified process would shorten the timeline for, and increase the 
flexibility of, the sector approval process, while maintaining 
opportunities for Council approval and public involvement in the 
approval process. No other aspects of the sector formation process, 
including the content of sector operations plan submissions, would 
change as a result of this proposed measure.

Modification to the Definition of the Haddock Separator Trawl

    This Council action proposes to modify the definition of the 
haddock separator trawl to improve the enforceability of this selective 
trawl gear. In many haddock separator trawls, the separator panel is 
made with the same mesh color as the net, which makes it difficult for 
enforcement to identify that this gear is properly configured during 
vessel inspections. This measure would require the separator panel to 
be a contrasting color to the portions of the net that it separates. 
Requiring that the separator panel be a contrasting color to the rest 
of the net would make the separator panel highly visible, which would 
improve identification of the panel during boarding, and potentially 
allow for faster inspections and more effective enforcement. This 
proposed modification does not affect rope or Ruhle trawls. If we 
approve this measure, we intend to delay the effective date of the 
requirement by 6 months to allow affected fishermen time to replace 
their separator panels with contrasting netting.

Removal of GOM Cod Recreational Possession Limit

    This Council action proposes to remove the prohibition on 
recreational possession of GOM cod that was established as part of the 
protection measures implemented for this stock in Framework Adjustment 
53. We currently set recreational management measures in consultation 
with the Council, and have the authority to modify bag limits, size 
limits, and seasons. The Framework 53 prohibition on the recreational 
possession of GOM cod was implemented as a permanent provision in the 
FMP. In removing the permanent prohibition on recreational possession 
of GOM cod, this proposed measure returns the authority to set 
recreational management measures for GOM cod to us. We will implement 
additional recreational measures to help ensure the recreational 
fishery does not exceed the GOM cod allocation in a separate 
rulemaking.

Distribution of Eastern/Western GB Cod Sector Allocations

    Eastern GB cod is a sub-unit of the total GB cod stock, and the 
total ABC for GB cod includes the shared U.S./Canada quota for eastern 
GB cod. A portion of a sector's GB cod allocation may only be caught in 
the Eastern U.S./Canada Area, and the remaining portion of its total GB 
cod allocation can be caught only in the Western U.S./Canada Area. This 
restriction was adopted by Amendment 16 in order to cap the amount of 
GB cod that a sector could catch in the eastern U.S./Canada Area and 
help prevent the United States from exceeding its eastern GB cod quota. 
However, limiting the amount of cod that could be caught in the western 
U.S./Canada Area could unnecessarily reduce flexibility, and 
potentially limit fishing in the area, even if a sector has not caught 
its entire GB cod allocation. Ultimately, this could prevent the 
fishery from achieving optimum yield for the GB cod stock.
    To address this concern, the Council proposes in this to allow 
sectors to ``convert'' their eastern GB cod allocation into western GB 
cod allocation. This measure would follow a process similar to the one 
used for processing sector trades, and is similar to a measure already 
approved for GB haddock in Framework Adjustment 51 (77 FR 22421; April 
22, 2014). Sectors could convert eastern GB cod allocation into western 
GB cod allocation at any time during the fishing year, and up to 2 
weeks into the following fishing year to cover any overage during the 
previous fishing year. A sector's proposed allocation conversion would 
be referred to, and approved by, NMFS based on general issues, such as 
whether the sector is complying with reporting or other administrative 
requirements, including weekly sector reports, or member vessel 
compliance with Vessel Trip Reporting requirements. Based on these 
factors, we

[[Page 15020]]

would notify the sector if the conversion is approved or disapproved. 
As with GB haddock transfers, we propose to use member vessel 
compliance with Vessel Trip Reporting requirements as the basis for 
approving, or disapproving, a reallocation of Eastern GB quota to the 
Western U.S./Canada Area. This is identical to the process used for 
reviewing, and approving, quota transfer requests between sectors.
    The responsibility for ensuring that sufficient allocation is 
available to cover the conversion is the responsibility of the sector. 
This measure would also extend to state-operated permit banks. Any 
conversion of eastern GB cod allocation into western GB cod allocation 
may be made only within a sector, or permit bank, and not between 
sectors or permit banks. In addition, once a portion of eastern GB cod 
allocation has been converted to western GB cod allocation, that 
portion of allocation remains western GB cod for the remainder of the 
fishing year. Western GB cod allocation may not be converted to eastern 
GB cod allocation. This proposed measure does not change the 
requirement that sector vessels may only catch their eastern GB cod 
allocation in the Eastern U.S./Canada Area, and may only catch the 
remainder of their GB cod allocation in the Western U.S./Canada Area.
    This measure would provide additional flexibility for sectors to 
harvest their GB cod allocations. The total catch limit for GB cod 
includes the U.S. quota for eastern GB cod, so this proposed measure 
would not jeopardize the total ACL for GB cod, or the U.S. quota for 
the eastern portion of the stock. A sector would also still be required 
to stop fishing in the Eastern U.S./Canada Area once its entire eastern 
GB cod allocation was caught, or in the Western U.S./Canada Area once 
its western GB cod allocation was caught, or at least until it leased 
in additional quota. This ensures sufficient accountability for sector 
catch that will help prevent overages of any GB cod catch limit.

8. Sector Measures for the 2016 Fishing Year

    This action also proposes measures necessary to implement sector 
operations plan, including sector regulatory exemptions and annual 
catch entitlements, for 19 sectors for the 2016 fishing year. In past 
years, sector operations measures have been covered in a separate, 
concurrent rulemaking, but are included in this rulemaking for 
efficiency.

Sector Operations Plans and Contracts

    A total of 19 sectors would operate in the 2016 fishing year, 
including:
     Seventeen sectors that had operations plans that had been 
previously approved for the 2016 fishing year (see the Final Rule for 
2015 and 2016 Sector Operations Plans and 2015 Contracts and Allocation 
of Northeast Multispecies Annual Catch Entitlements; 80 FR 25143; May 
1, 2015);
     Sustainable Harvest Sector II, discussed in section ``7. 
Other Framework 55 Measures,'' which is proposed for formation and 
approval as part of Framework 55; and
     Northeast Fishery Sector 12, which has not operated since 
2013, but submitted an operations plan for approval for the 2016 
fishing year.
    We have made a preliminary determination that the two new proposed 
sector operations plans and contracts for Sustainable Harvest Sector II 
and Northeast Fisheries Sector 12 are consistent with the FMP's goals 
and objectives and meet the applicable sector requirements. We request 
comments on the proposed operations plans and the accompanying 
environmental assessment (EA) for these two sectors. Copies of the 
operations plans and contracts, and the EA, are available at: http://www.regulations.gov and from NMFS (see ADDRESSES).

Sector Allocations

    Regional Administrator approval is required for sectors to receive 
ACEs for specific groundfish stocks. The ACE allocations are a portion 
of a stock's ACL available to the sector based on the collective 
fishing history of the sector's members. Sectors are allocated ACE for 
groundfish stocks for which its members have landings history, with the 
exception of Atlantic halibut, ocean pout, windowpane flounder, and 
Atlantic wolffish. These stocks are not allocated to sectors.
    Each year, we use sector enrollment information from the previous 
fishing year to estimate ACE allocations for the upcoming fishing year. 
Due to the shift to industry-funded ASM, sector enrollment could 
decrease for the 2016 fishing year if current sector members decide to 
fish in the common pool to avoid the financial burden of the ASM 
requirement. Despite some uncertainty in 2016 enrollment levels, we 
expect that 2015 enrollment still provides the best proxy for fishing 
year 2016 sector membership, and used 2015 enrollment to calculate the 
fishing year 2016 projected allocations in this proposed rule.
    All permits enrolled in a sector, and the vessels associated with 
those permits, have until April 30, 2016, to withdraw from a sector and 
fish in the common pool for fishing year 2016. In addition to the 
enrollment delay, all permits that change ownership after December 1, 
2015, retain the ability to join a sector through April 30, 2016. We 
will publish final sector ACEs and common pool sub-ACLs, based upon 
final rosters, as soon as possible after the start of the 2016 fishing 
year, and again after the start of the 2017 and 2018 fishing years.
    The sector allocations proposed in this rule are based on the 
fishing year 2016 specifications described above under ``3. Catch 
Limits for the 2016-2018 Fishing Years.'' We calculate the sector's 
allocation for each stock by summing its members' potential sector 
contributions (PSC) for a stock, as shown in Table 15. The information 
presented in Table 15 is the total percentage of each commercial sub-
ACL each sector would receive for the 2016 fishing year, based on their 
2015 fishing year rosters. Tables 16 and 17 show the allocations each 
sector would receive for 2016 fishing year, based on their 2015 fishing 
year rosters. At the start of the fishing year, after sector enrollment 
is finalized, we provide the final allocations, to the nearest pound, 
to the individual sectors, and we use those final allocations to 
monitor sector catch. While the common pool does not receive a specific 
allocation, the common pool sub-ACLs have been included in each of 
these tables for comparison.
    We do not assign an individual permit separate PSCs for the Eastern 
GB cod or Eastern GB haddock; instead, we assign a permit a PSC for the 
GB cod stock and GB haddock stock. Each sector's GB cod and GB haddock 
allocations are then divided into an Eastern ACE and a Western ACE, 
based on each sector's percentage of the GB cod and GB haddock ACLs. 
For example, if a sector is allocated 4 percent of the GB cod ACL and 6 
percent of the GB haddock ACL, the sector is allocated 4 percent of the 
commercial Eastern U.S./Canada Area GB cod TAC and 6 percent of the 
commercial Eastern U.S./Canada Area GB haddock TAC as its Eastern GB 
cod and haddock ACEs. These amounts are then subtracted from the 
sector's overall GB cod and haddock allocations to determine its 
Western GB cod and haddock ACEs. Framework 51 implemented a mechanism 
that allows sectors to ``convert'' their Eastern GB haddock allocation 
into Western GB haddock allocation (79 FR 22421; April 22, 2014) and 
fish that converted ACE

[[Page 15021]]

in Western GB. This rule proposes a similar measure for GB cod under 
``6. Other Framework 55 Measures.''
    At the start of the 2016 fishing year, we will withhold 20 percent 
of each sector's 2016 fishing year allocation until we finalize fishing 
year 2015 catch information. If the default catch limits for the 2016 
fishing year are implemented, groundfish sectors would not be subject 
to the 20-percent holdback. We will allow sectors to transfer fishing 
year 2015 ACE for 2 weeks of the fishing year following the completion 
of year-end catch accounting to reduce or eliminate any 2015 fishing 
year overages. If necessary, we will reduce any sector's 2016 fishing 
year allocation to account for a remaining overage in 2015 fishing 
year.
BILLING CODE 3510-22-P

[[Page 15022]]

[GRAPHIC] [TIFF OMITTED] TP21MR16.010


[[Page 15023]]


[GRAPHIC] [TIFF OMITTED] TP21MR16.011


[[Page 15024]]


[GRAPHIC] [TIFF OMITTED] TP21MR16.012


[[Page 15025]]


BILLING CODE 3510-22-C

Sector Carryover From the 2015 to 2016 Fishing Year

    Sectors can carry over up to 10 percent of the unused initial 
allocation for each stock into the next fishing year. However, the 
maximum available carryover may be reduced if up to 10 percent of the 
unused sector sub-ACL, plus the total ACL for the upcoming fishing 
year, exceeds the total ABC. Based on the catch limits proposed in this 
action, we evaluated whether the total potential catch in the 2016 
fishing year would exceed the proposed ABC if sectors carried over the 
maximum 10 percent of unused allocation from 2015 to 2016 (Table 18). 
Under this scenario, total potential catch would exceed the 2016 ABC 
for all stocks except for GOM haddock and GB haddock. As a result, we 
expect we will need to adjust the maximum amount of unused allocation 
that a sector can carry forward from 2015 to 2016 (down from 10 
percent). It is possible that not all sectors will have 10 percent of 
unused allocation at the end of the 2015 fishing year. We will make 
final adjustments to the maximum carryover possible for each sector 
based on the final 2015 catch for the sectors, each sector's total 
unused allocation, and proportional to the cumulative PSCs of vessels/
permits participating in the sector. We will announce this adjustment 
as close to May 1, 2016, as possible.
    Based on the catch limits proposed in this rule, the de minimis 
carryover amount for the 2016 fishing year would be set at the default 
one percent of the 2016 overall sector sub-ACL. The overall de minimis 
amount will be applied to each sector based on the cumulative PSCs of 
the vessel/permits participating in the sector. If the overall ACL for 
any allocated stock is exceeded for the 2016 fishing year, the allowed 
carryover harvested by a sector minus its specified de minimis amount, 
will be counted against its allocation to determine whether an overage, 
subject to an AM, occurred.

              Table 18--Evaluation of Maximum Carryover Allowed From the 2015 to 2016 Fishing Years
                                                [mt, live weight]
----------------------------------------------------------------------------------------------------------------
                                                                                       Total
                                                                     Potential       potential      Difference
                                                                  carryover (10%    catch (2016    between total
              Stock                2016 U.S. ABC  2016 Total ACL  of 2015 sector    total ACL +      potential
                                                                     sub-ACL)        potential     catch and ABC
                                                                                     carryover
----------------------------------------------------------------------------------------------------------------
GB Cod..........................             762             730             174             904             142
GOM cod.........................             500             473              81             555              55
GB Haddock......................          56,068          53,309           1,705          55,015          -1,053
GOM Haddock.....................           3,630           3,430              43           3,474            -156
SNE Yellowtail Flounder.........             267             256              46             302              35
CC/GOM Yellowtail Flounder......             427             409              46             455              28
Plaice..........................           1,297           1,235             136           1,370              73
Witch Flounder..................             460             441              60             500              40
GB Winter Flounder..............             668             650             336             985             317
GOM Winter Flounder.............             810             776              68             845              35
SNE/MA Winter Flounder..........             780             749             106             855              75
Redfish.........................          10,338           9,837           1,052          10,889             551
White Hake......................           3,816           3,572             425           3,997             181
----------------------------------------------------------------------------------------------------------------
Note. Carry over of GB yellowtail flounder is not allowed because this stock is jointly managed with Canada.

Sector Exemptions

    Because sectors elect to receive an allocation under a quota-based 
system, the FMP grants sector vessels several ``universal'' exemptions 
from the FMP's effort controls. These universal exemptions apply to: 
Trip limits on allocated stocks; the GB Seasonal Closure Area; NE 
multispecies days-at-sea (DAS) restrictions; the requirement to use a 
6.5-inch (16.5-cm) mesh codend when fishing with selective gear on GB; 
and portions of the GOM Cod Protection Closures. The FMP prohibits 
sectors from requesting exemptions from permitting restrictions, gear 
restrictions designed to minimize habitat impacts, and reporting 
requirements. In addition to the ``universal'' exemptions approved 
under Amendment 16 to the Northeast Multispecies FMP, the existing 17 
operational sectors and the two that are proposed for approval in this 
action are granted 19 additional exemptions from the NE multispecies 
regulations for the 2016 fishing year. These exemptions were previously 
approved in the sector operations rulemaking for the 2015 and 2016 
fishing years. Descriptions of the current range of approved exemptions 
are included in the preamble to the Final Rule for 2015 and 2016 Sector 
Operations Plans and 2015 Contracts (80 FR 25143; May 1, 2015) and are 
not repeated here.
    We received a request for an additional sector exemption intended 
to complement the proposed Framework 55 measure that would remove the 
ASM coverage requirement for sector trips using 10-inch (25.4-cm), or 
larger, mesh gillnet gear and fishing exclusively in the inshore GB and 
SNE/MA broad stock areas (described in section ``6. Groundfish At-Sea 
Monitoring Program Adjustments''). If this Framework 55 measure is 
approved, the requested sector exemption would allow vessels on these 
ASM-exempted sector trips to also target dogfish using 6.5-inch (16.5-
cm) mesh within the footprint and season of either the Nantucket Shoals 
Dogfish Exemption Area (June 1 to October 15), the Eastern Area of the 
Cape Cod Spiny Dogfish Exemption Area (June 1 to December 31), and the 
Southern New England Dogfish Gillnet Exemption Area (May 1 to October 
31). Sectors seek to participate in this exempted fishery for dogfish 
while simultaneously being exempted from ASM coverage on extra-large 
mesh sector trips (i.e., take trips using both greater than 10-inch 
(25.4-cm) mesh and 6.5-inch (16.5-in) mesh) in an effort to maximize 
the viability and profitability of their businesses. The Fixed Gear 
Sector requested this exemption, and we propose to grant this exemption 
to any sectors that modify their operations plans to include this 
exemption. In this rule, we propose regulatory text to detail the 
process for amending sector operations plans during the fishing year in 
section ``10. Regulatory Corrections

[[Page 15026]]

under Regional Administrator Authority.'' While sector trips using this 
exemption would still be would be exempt from ASM coverage, all 
groundfish catch on these trips would still be attributed to a sector's 
ACE.

9. 2016 Fishing Year Annual Measures Under Regional Administrator 
Authority

    The FMP gives us authority to implement certain types of management 
measures for the common pool fishery, the U.S./Canada Management Area, 
and Special Management Programs on an annual basis, or as needed. This 
proposed rule includes a description of these management measures that 
are being considered for the 2016 fishing year in order to provide an 
opportunity for the public to comment on whether the proposed measures 
are appropriate. These measures are not part of Framework 55, and were 
not specifically proposed by the Council. We are proposing them in 
conjunction with Framework 55 measures in this action for expediency 
purposes, and because they relate to the catch limits proposed in 
Framework 55.

Common Pool Trip Limits

    Tables 19 and 20 provide a summary of the current common pool trip 
limits for fishing year 2015 and the trip limits proposed for fishing 
year 2016. The proposed 2016 trip limits were developed after 
considering changes to the common pool sub-ACLs and sector rosters from 
2015 to 2016, proposed trimester TACs for 2016, catch rates of each 
stock during 2015, and other available information.
    The default cod trip limit is 300 lb (136 kg) for Handgear A 
vessels and 75 lb (34 kg) for Handgear B vessels. If the GOM or GB cod 
landing limit for vessels fishing on a groundfish DAS drops below 300 
lb (136 kg), then the respective Handgear A cod trip limit must be 
reduced to the same limit. Similarly, the Handgear B trip limit must be 
adjusted proportionally (rounded up to the nearest 25 lb (11 kg)) to 
the DAS limit. This action proposes a GOM cod landing limit of 25 lb 
(11 kg) per DAS for vessels fishing on a groundfish DAS, which is 97 
percent lower than the default limit specified in the regulations for 
these vessels (800 lb (363 kg) per DAS). As a result, the proposed 
Handgear A trip limit for GOM cod is reduced to 25 lb (11 kg) per trip, 
and the proposed Handgear B trip limit for GOM cod is maintained at 25 
lb (11 kg) per trip. This action proposes a GB cod landing limit of 500 
lb (227 kg) per DAS for vessels fishing on a groundfish DAS, which is 
75 percent lower than the 2,000-lb (907-kg) per DAS default limit 
specified in the regulations for these vessels. As a result, the 
proposed Handgear A trip limit for GB cod is maintained at 300 lb (136 
kg) per trip, and the proposed Handgear B trip limit for GB cod is 
reduced to 25 lb (11 kg) per trip.
    Vessels with a Small Vessel category permit can possess up to 300 
lb (136 kg) of cod, haddock, and yellowtail, combined, per trip. For 
the 2016 fishing year, we are proposing that the maximum amount of GOM 
cod and haddock (within the 300-lb (136-kg) trip limit) be set equal to 
the possession limits applicable to multispecies DAS vessels (see Table 
20). This adjustment is necessary to ensure that the trip limit 
applicable to the Small Vessel category permit is consistent with 
reductions to the trip limits for other common pool vessels, as 
described above.

  Table 19--Proposed Common Pool Trip Limits for the 2016 Fishing Year
------------------------------------------------------------------------
                                   Current 2015 trip  Proposed 2016 trip
              Stock                      limit               limit
------------------------------------------------------------------------
GB Cod (outside Eastern U.S./     2,000 lb (907 kg)/  500 lb (227 kg)/
 Canada Area).                     DAS, up to 20,000   DAS, up to 2,500
                                   lb (9,072.          lb/trip
                                 ---------------------------------------
GB Cod (inside Eastern U.S./       100 lb (45 kg)/DAS, up to 500 lb (227
 Canada Area).                                    kg)/trip
                                 ---------------------------------------
GOM Cod.........................  50 lb (23 kg)/DAS,  25 lb (11 kg)/DAS
                                   up to 200 lb (91    up to 100 lb (45
                                   kg)/trip.           kg)/trip
GB Haddock......................  25,000 lb (11,340   100,000 lb (45,359
                                   kg)/trip.           kg)/trip
GOM Haddock.....................  50 lb (23 kg)/DAS,  100 lb (45 kg)/DAS
                                   up to 200 lb (91    up to 300 lb (136
                                   kg)/trip.           kg)/trip
                                 ---------------------------------------
GB Yellowtail Flounder..........            100 lb (45 kg)/trip
                                 ---------------------------------------
SNE/MA Yellowtail Flounder......  2,000 lb (907 kg)/  250 lb (113 kg)/
                                   DAS, up to 6,000    DAS, up to 500 lb
                                   lb (2,722 kg)/      (227 kg)/trip
                                   trip.
CC/GOM Yellowtail Flounder......  1,500 lb (680 kg)/  75 lb (34 kg)/DAS
                                   DAS up to 3,000     up to 1,500 lb
                                   lb (1,361 kg)/      (680 kg)/trip
                                   trip.
American plaice.................  Unlimited.........  1,000 lb (454 kg)/
                                                       trip
Witch Flounder..................  1,000 lb (454 kg)/  250 lb (113 kg)/
                                   trip.               trip
GB Winter Flounder..............  1,000 lb (454 kg)/  250 lb (113 kg)/
                                   trip.               trip
GOM Winter Flounder.............  1,000 lb (454 kg)/  2,000 lb (907 kg)/
                                   trip.               trip
SNE/MA Winter Flounder..........  3,000 lb (1,361     2,000 lb (907 kg)/
                                   kg)/DAS, up to      DAS, up to 4,000
                                   6,000 lb (2,722     lb (1,814 kg)/
                                   kg)/trip.           trip
                                 ---------------------------------------
Redfish.........................                 Unlimited
                                 ---------------------------------------
White hake......................          1,500 lb (680 kg)/trip
                                 ---------------------------------------
Pollock.........................  10,000 lb (4,536    Unlimited
                                   kg)/trip.
                                 ---------------------------------------
Atlantic Halibut................                1 fish/trip
                                 ---------------------------------------
Windowpane Flounder.............
Ocean Pout......................           Possession Prohibited
Atlantic Wolffish...............
------------------------------------------------------------------------


[[Page 15027]]


   Table 20--Proposed Cod Trips Limits for Handgear A, Handgear B, and
         Small Vessel Category Permits for the 2016 Fishing Year
------------------------------------------------------------------------
                                Current 2015 trip    Proposed 2016 trip
           Permit                     limit                 limit
------------------------------------------------------------------------
Handgear A GOM Cod..........  50 lb (23 kg)/trip..  25 lb (11 kg)/trip.
                             -------------------------------------------
Handgear A GB Cod...........             300 lb (136 kg)/trip.
                             -------------------------------------------
Handgear B GOM Cod..........              25 lb (11 kg)/trip.
                             -------------------------------------------
Handgear B GB Cod...........  75 lb (34 kg)/trip..  25 lb (11 kg)/trip.
                             -------------------------------------------
Small Vessel Category.......     300 lb (136 kg) of cod, haddock, and
                                     yellowtail flounder combined.
                             -------------------------------------------
                              Maximum of 50 lb (23  Maximum of 25 lb (11
                               kg) of GOM cod and    kg) of GOM cod and
                               50 lb (23 kg) of      100 lb (45 kg) of
                               GOM haddock within    GOM haddock within
                               the 300-lb combined   the 300-lb combined
                               trip limit.           trip limit.
------------------------------------------------------------------------

Closed Area II Yellowtail Flounder/Haddock Special Access Program

    This action proposes to allocate zero trips for common pool vessels 
to target yellowtail flounder within the Closed Area II Yellowtail 
Flounder/Haddock SAP for fishing year 2016. Vessels could still fish in 
this SAP in 2016 to target haddock, but must fish with a haddock 
separator trawl, a Ruhle trawl, or hook gear. Vessels would not be 
allowed to fish in this SAP using flounder trawl nets. This SAP is open 
from August 1, 2016, through January 31, 2017.
    We have the authority to determine the allocation of the total 
number of trips into the Closed Area II Yellowtail Flounder/Haddock SAP 
based on several criteria, including the GB yellowtail flounder catch 
limit and the amount of GB yellowtail flounder caught outside of the 
SAP. The FMP specifies that no trips should be allocated to the Closed 
Area II Yellowtail Flounder/Haddock SAP if the available GB yellowtail 
flounder catch is insufficient to support at least 150 trips with a 
15,000-lb (6,804-kg) trip limit (or 2,250,000 lb (1,020,600 kg)). This 
calculation accounts for the projected catch from the area outside the 
SAP. Based on the proposed fishing year 2016 GB yellowtail flounder 
groundfish sub-ACL of 465,175 lb (211,000 kg), there is insufficient GB 
yellowtail flounder to allocate any trips to the SAP, even if the 
projected catch from outside the SAP area is zero. Further, given the 
low GB yellowtail flounder catch limit, catch rates outside of this SAP 
are more than adequate to fully harvest the 2016 GB yellowtail flounder 
allocation.

10. Regulatory Corrections Under Regional Administrator Authority

    The following changes are being proposed to the regulations to 
clarify regulatory intent, correct references, inadvertent deletions, 
and other minor errors.
    In Sec.  648.87(b)(4)(i)(G), this proposed rule would revise text 
to clarify that NMFS will determine the adequate level of insurance 
that monitoring service providers must provide to cover injury, 
liability, and accidental death to cover at-sea monitors, and notify 
potential service providers.
    In Sec.  648.87(c)(2)(i)(A), this proposed rule would correct the 
inadvertent deletion of the definition of the Fippennies Ledge Area.
    In Sec.  648.87(c), this proposed rule would add regulatory text to 
detail the process for amending sector operations plans during the 
fishing year.

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 55, other provisions of 
the Magnuson-Stevens Act, and other applicable law. 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.
    An Initial Regulatory Flexibility Analysis (IRFA) was prepared for 
this proposed rule, as required by section 603 of the Regulatory 
Flexibility Act, 5 U.S.C. 603. The IRFA describes the economic impact 
that this proposed rule would have on small entities, including small 
businesses, and also determines ways to minimize these impacts. The 
IRFA includes this section of the preamble to this rule and analyses 
contained in Framework 55 and its accompanying EA/RIR/IRFA. A copy of 
the full analysis is available from the Council (see ADDRESSES). A 
summary of the IRFA follows.

Description of the Reason Why Action by the Agency Is Being Considered 
and Statement of the Objective of, and Legal Basis for, This Proposed 
Rule

    This action proposes management measures, including annual catch 
limits, for the multispecies fishery in order to prevent overfishing, 
rebuild overfished groundfish stocks, and achieve optimum yield in the 
fishery. A complete description of the action, why it is being 
considered, and the legal basis for this action are contained in 
Framework 55, and elsewhere in the preamble to this proposed rule, and 
are not repeated here.

Description and Estimate of the Number of Small Entities To Which the 
Proposed Rule Would Apply

    The Small Business Administration defines a small business as one 
that is:
     Independently owned and operated;
     Not dominant in its field of operation;
     Has annual receipts that do not exceed--
    [cir] $20.5 million in the case of commercial finfish harvesting 
entities (NAIC \1\ 114111)
---------------------------------------------------------------------------

    \1\ The North American Industry Classification System (NAICS) is 
the standard used by Federal statistical agencies in classifying 
business establishments for the purpose of collecting, analyzing, 
and publishing statistical data related to the U.S. business 
economy.
---------------------------------------------------------------------------

    [cir] $5.5 million in the case of commercial shellfish harvesting 
entities (NAIC 114112)
    [cir] $7.5 million in the case of for-hire fishing entities (NAIC 
114119); or
     Has fewer than--
    [cir] 750 employees in the case of fish processors

[[Page 15028]]

    [cir] 100 employees in the case of fish dealers.
    This proposed rule impacts commercial and recreational fish 
harvesting entities engaged in the groundfish fishery, the small-mesh 
multispecies and squid fisheries, the midwater trawl herring fishery, 
and the scallop fishery. Individually-permitted vessels may hold 
permits for several fisheries, harvesting species of fish that are 
regulated by several different FMPs, even beyond those impacted by the 
proposed action. Furthermore, multiple-permitted vessels and/or permits 
may be owned by entities affiliated by stock ownership, common 
management, identity of interest, contractual relationships, or 
economic dependency. For the purposes of the Regulatory Flexibility Act 
analysis, the ownership entities, not the individual vessels, are 
considered to be the regulated entities.
    Ownership entities are defined as those entities with common 
ownership personnel as listed on the permit application. Only permits 
with identical ownership personnel are categorized as an ownership 
entity. For example, if five permits have the same seven persons listed 
as co-owners on their permit application, those seven persons would 
form one ownership entity that holds those five permits. If two of 
those seven owners also co-own additional vessels, these two persons 
would be considered a separate ownership entity.
    On June 1 of each year, NMFS identifies ownership entities based on 
a list of all permits for the most recent complete calendar year. The 
current ownership dataset used for this analysis was created on June 1, 
2015, based on calendar year 2014 and contains average gross sales 
associated with those permits for calendar years 2012 through 2014.
    In addition to classifying a business (ownership entity) as small 
or large, a business can also be classified by its primary source of 
revenue. A business is defined as being primarily engaged in fishing 
for finfish if it obtains greater than 50 percent of its gross sales 
from sales of finfish. Similarly, a business is defined as being 
primarily engaged in fishing for shellfish if it obtains greater than 
50 percent of its gross sales from sales of shellfish.
    A description of the specific permits that are likely to be 
impacted by this action is provided below, along with a discussion of 
the impacted businesses, which can include multiple vessels and/or 
permit types.

Regulated Commercial Fish Harvesting Entities

    Table 18 describes the total number of commercial business entities 
potentially regulated by the proposed action. As of June 1, 2015, there 
were 1,359 commercial business entities potentially regulated by the 
proposed action. These entities participate in, or are permitted for, 
the groundfish, small-mesh multispecies, herring midwater trawl, and 
scallop fisheries. For the groundfish fishery, the proposed action 
directly regulates potentially affected entities through catch limits 
and other management measures designed to achieve the goals and 
objectives of the FMP. For the non-groundfish fisheries, the proposed 
action includes allocations for groundfish stocks caught as bycatch in 
these fisheries. For each of these fisheries, there are accountability 
measures that are triggered if their respective allocations are 
exceeded. As a result, the likelihood of triggering an accountability 
measure is a function of changes to the ACLs each year.

 Table 18--Commercial Fish Harvesting Entities Regulated by the Proposed
                                 Action
------------------------------------------------------------------------
                                                         Classified as
               Type                    Total number     small businesses
------------------------------------------------------------------------
Primarily finfish.................                385                385
Primarily shellfish...............                480                462
Primarily for hire................                297                297
No Revenue........................                197                197
                                   -------------------------------------
    Total.........................              1,359              1,341
------------------------------------------------------------------------

Limited Access Groundfish Fishery
    The proposed action will directly impact entities engaged in the 
limited access groundfish fishery. The limited access groundfish 
fishery consists of those enrolled in the sector program and those in 
the common pool. Both sectors and the common pool are subject to catch 
limits, and accountability measures that prevent fishing in a 
respective stock area when the entire catch limit has been caught. 
Additionally, common pool vessels are subject to DAS restrictions and 
trip limits. All permit holders are eligible to enroll in the sector 
program; however, many vessels remain in the common pool because they 
have low catch histories of groundfish stocks, which translate into low 
PSCs. Low PSCs limit a vessel's viability in the sector program. In 
general, businesses enrolled in the sector program rely more heavily on 
sales of groundfish species than vessels enrolled in the common pool.
    As of June 1, 2015 (just after the start of the 2015 fishing year), 
there were 1,068 individual limited access multispecies permits. Of 
these, 627 were enrolled in the sector program, and 441 were in the 
common pool. For fishing year 2014, which is the most recent complete 
fishing year, 717 of these limited access permits had landings of any 
species, and 273 of these permits had landings of groundfish species.
    Of the 1,068 individual limited access multispecies permits 
potentially impacted by this action, there are 661 distinct ownership 
entities. Of these, 649 are categorized as small entities, and 12 are 
categorized as large entities. However, these totals may mask some 
diversity among the entities. Many, if not most, of these ownership 
entities maintain diversified harvest portfolios, obtaining gross sales 
from many fisheries and not dependent on any one. However, not all are 
equally diversified. This action is most likely to affect those 
entities that depend most heavily on sales from harvesting groundfish 
species. There are 61 entities that are groundfish-dependent (obtain 
more than 50 percent of gross sales from groundfish species), all of 
which are small, and all but one of which are finfish commercial 
harvesting businesses.
Limited Access Scallop Fisheries
    The limited access scallop fisheries include Limited Access (LA) 
scallop permits and Limited Access General Category (LGC) scallop 
permits. LA scallop businesses are subject to a mixture of DAS 
restrictions and dedicated area trip restrictions. LGC scallop 
businesses are able to acquire and trade LGC scallop quota, and there 
is an annual cap on quota/landings. The

[[Page 15029]]

scallop fishery receives an allocation for GB and SNE/MA yellowtail 
flounder and southern windowpane flounder. If these allocations are 
exceeded, accountability measures are implemented in a subsequent 
fishing year. These accountability measures close certain areas of high 
groundfish bycatch to scallop fishery, and the length of the closure 
depends on the magnitude of the overage.
    Of the total commercial business entities potentially affected by 
this action (1,359), there are 169 scallop fishing entities. The 
majority of these entities are defined as shellfish businesses (166). 
However, three of these entities are defined as finfish businesses, all 
of which are small. Of the total scallop fishing entities, 154 entities 
are classified as small entities.
Midwater Trawl Fishery
    There are five categories of permits for the herring fishery. Three 
of these permit categories are limited access, and vary based on the 
allowable herring possession limits and areas fished. The remaining two 
permit categories are open access. Although there is a large number of 
open access permits issued each year, these categories are subject to 
fairly low possession limits for herring, account for a very small 
amount of the herring landings, and derive relatively little revenue 
from the fishery. Only the midwater trawl herring fishery receives an 
allocation of GOM and GB haddock. Once the entire allocation for either 
stock has been caught, the directed herring fishery for midwater trawl 
vessels is closed in the respective area for the remainder of the 
fishing year. Additionally, if the midwater trawl fishery exceeds its 
allocation, the overage is deducted from its allocation in the 
following fishing year.
    Of the total commercial business entities potentially regulated by 
this action (1,359), there are 63 herring fishing entities. Of these, 
39 entities are defined as finfish businesses, all of which are small. 
There are 24 entities that are defined as shellfish businesses, and 18 
of these are considered small. For the purposes of this analysis, squid 
is classified as shellfish. Thus, because there is some overlap with 
the herring and squid fisheries, it is likely that these shellfish 
entities derive most of their revenues from the squid fishery.
Small-Mesh Fisheries
    The small-mesh exempted fisheries allow vessels to harvest species 
in designated areas using mesh sizes smaller than the minimum mesh size 
required by the Northeast Multispecies FMP. To participate in the 
small-mesh multispecies (whiting) fishery, vessels must hold either a 
limited access multispecies permit or an open access multispecies 
permit. Limited access multispecies permit holders can only target 
whiting when not fishing under a DAS or a sector trip, and while 
declared out of the fishery. A description of limited access 
multispecies permits was provided above. Many of these vessels target 
both whiting and longfin squid on small-mesh trips, and, therefore, 
most of them also have open access or limited access Squid, Mackerel, 
and Butterfish (SMB) permits. As a result, SMB permits were not handled 
separately in this analysis.
    The small-mesh fisheries receive an allocation of GB yellowtail 
flounder. If this allocation is exceeded, an accountability measure is 
triggered for a subsequent fishing year. The accountability measure 
requires small-mesh vessels to use selective trawl gear when fishing on 
GB. This gear restriction is only implemented for 1 year as a result of 
an overage, and is removed as long as additional overages do not occur.
    Of the total commercial harvesting entities potentially affected by 
this action, there are 1,007 small-mesh entities. However, this is not 
necessarily informative because not all of these entities are active in 
the whiting fishery. Based on the most recent information, 223 of these 
entities are considered active, with at least 1 lb of whiting landed. 
Of these entities, 167 are defined as finfish businesses, all of which 
are small. There are 56 entities that are defined as shellfish 
businesses, and 54 of these are considered small. Because there is 
overlap with the whiting and squid fisheries, it is likely that these 
shellfish entities derive most of their revenues from the squid 
fishery.

Regulated Recreational Party/Charter Fishing Entities

    The charter/party permit is an open access groundfish permit that 
can be requested at any time, with the limitation that a vessel cannot 
have a limited access groundfish permit and an open access party/
charter permit concurrently. There are no qualification criteria for 
this permit. Charter/party permits are subject to recreational 
management measures, including minimum fish sizes, possession 
restrictions, and seasonal closures.
    During calendar year 2015, 425 party/charter permits were issued. 
Of these, 271 party/charter permit holders reported catching and 
retaining any groundfish species on at least one for-hire trip. A 2013 
report indicated that, in the northeast U.S., the mean gross sales was 
approximately $27,650 for a charter business and $13,500 for a party 
boat. Based on the available information, no business approached the 
$7.5 million large business threshold. Therefore, the 425 potentially 
regulated party/charter entities are all considered small businesses.

Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements of This Proposed Rule

    The proposed action contains a collection-of-information 
requirement subject to review and approval by the Office of Management 
and Budget (OMB) under the Paperwork Reduction Act (PRA). This 
requirement will be submitted to OMB for approval under OMB Control 
Number 0648-0605: Northeast Multispecies Amendment 16 Data Collection. 
The proposed action does not duplicate, overlap, or conflict with any 
other Federal rules.
    This action proposes to adjust the ACE transfer request requirement 
implemented through Amendment 16. This rule would add a new entry field 
to the Annual Catch Entitlement (ACE) transfer request form to allow a 
sector to indicate how many pounds of eastern GB cod ACE it intends to 
re-allocate to the Western U.S./Canada Area. This change is necessary 
to allow a sector to apply for a re-allocation of eastern GB ACE in 
order to increase fishing opportunities in the Western U.S./Canada 
Area. Currently, all sectors use the ACE transfer request form to 
initiate ACE transfers with other sectors, or to re-allocation eastern 
GB haddock ACE to the Western U.S./Canada Area, via an online or paper 
form to the Regional Administrator. The proposed change adds a single 
field to this form, and would not affect the number of entities 
required to comply with this requirement. Therefore, the proposed 
change would not be expected to increase the time or cost burden 
associated with the ACE transfer request requirement. Public reporting 
burden for this requirement includes the time for reviewing 
instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    Notwithstanding any other provision of the law, no person is 
required to respond to, nor shall any person be subject to a penalty 
for failure to comply with, a collection of information subject to the 
requirements of the PRA, unless that collection of information displays 
a currently valid OMB Control Number.

[[Page 15030]]

Federal Rules Which May Duplication, Overlap, or Conflict With This 
Proposed Rule

    The proposed regulations do not create overlapping regulations with 
any state regulations or other federal laws.

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statutes and Which 
Minimize Any Significant Economic Impact on Small Entities

    The economic impacts of each proposed measure is discussed in more 
detail in sections 7.4 and 8.11 of the Framework 55 Environmental 
Assessment and are not repeated here. The only alternatives to the 
proposed action that accomplish the stated objectives and minimize 
significant economic impacts on small entities are related to the witch 
flounder ABCs under the annual catch limits and the alternative to 
modify the definition of the haddock separator trawl.

Witch Flounder ABCs and Groundfish Annual Catch Limits

    The proposed action would set catch limits for all 20 groundfish 
stocks. For 19 of the stocks, there is only a single catch limit 
alternative to the No Action alternative, described in Table 5 in the 
preamble. For witch flounder, there are three non-selected alternatives 
to the proposed ABC of 460 mt, namely 399 mt, 500 mt, and the No Action 
alternative. In each of these witch flounder alternatives, except for 
the No Action alternative, all other groundfish stock allocations would 
remain the same as those described in Table 5. It is important to note 
that all of the non-selected action alternatives assume a 14-percent 
target ASM coverage level for 2016. The No Action alternative assumes a 
41-percent target ASM coverage level for 2016.
    For the commercial groundfish fishery, the proposed catch limits 
(460 mt witch flounder ABC) are expected to result in a 10-percent 
decrease in gross revenues on groundfish trips, or $8 million, compared 
to predicted gross revenues for the 2015 fishing year. The impacts of 
the proposed catch limits would not be uniformly distributed across 
vessels size classes and ports. Vessels in the 30-50 ft (9-15 m) 
category are expected to see gross revenue increases of 2 percent. 
Vessels in the 50-75 ft (15-23 m) size class are expected to see 
revenue increases of 19 percent. The largest vessels (75 ft (23 m) and 
greater) are predicted to incur the largest decreases in gross revenues 
revenue decreases of 30 percent relative to 2015, due primarily to 
reductions in several GB and SNE/MA stocks (e.g., GB cod, GB winter 
flounder, SNE/MA yellowtail flounder, SNE/MA winter flounder).
    Southern New England ports are expected to be negatively impacted, 
with New Jersey, New York, and Rhode Island predicted to incur revenue 
losses of 100 percent, 80 percent, and 62 percent, respectively, 
relative to 2015. These large revenue losses are also due to reductions 
in GB and SNE/MA stocks. Maine and Massachusetts are also predicted to 
incur revenue losses of 16 percent and 6 percent, respectively, as a 
result of the proposed catch limits, while New Hampshire is expected to 
have small increases in gross revenues of up to 8 percent. For major 
home ports, New Bedford is predicted to see a 47-percent decline in 
revenues relative to 2015, and Point Judith expected to see a 58-
percent decline. Boston and Gloucester, meanwhile, are predicted to 
have revenue increases of 31 and 29 percent, respectively, compared to 
2015.
    Two of the three non-selected alternatives would have set all 
groundfish allocations at the levels described in Table 5, with the 
exception of the witch flounder allocation. In the alternative where 
the witch flounder ABC is set at 399 mt, gross revenues are predicted 
to be the same as for the proposed alternative (460-mt witch flounder 
ABC), namely a 10-percent decrease in gross revenues on groundfish 
trips, or $8 million, compared to predicted gross revenues for the 2015 
fishing year. The 399-mt alternative is also expected to provide the 
same changes in gross revenue by vessels size class. In the alternative 
where the witch flounder ABC is set at 500 mt, gross revenues are 
predicted to be slightly lower than the proposed alternative, namely an 
11-percent decrease in gross revenues on groundfish trips, or $9 
million, compared to predicted gross revenues for fishing year 2015. 
Vessels in the 30-50 ft (9-15 m) category are expected to see gross 
revenue increases of 4 percent. Vessels in the 50-75 ft (15-23 m) size 
class are expected to see revenue increases of 15 percent. The largest 
vessels (75 ft (23 m) and greater) are predicted to incur the largest 
decreases in gross revenues revenue decreases of 28 percent relative to 
2015. State and port-level impacts are also similar across the action 
alternatives.
    Under the No Action option, groundfish vessels would only have 3 
months (May, June, and July) to operate in the 2016 fishing year before 
the default specifications expire. Once the default specifications 
expire, there would be no ACL for a number of the groundfish stocks, 
and the fishery would be closed for the remainder of the fishing year. 
This would result in greater negative economic impacts for vessels 
compared to the proposed action due to lost revenues as a result of 
being unable to fish. The proposed action is predicted to result in 
approximately $69 million in gross revenues from groundfish trips. 
Roughly 92 percent of this revenue would be lost if no action was taken 
to specify catch limits. Further, if no action was taken, the Magnuson-
Stevens Act requirements to achieve optimum yield and consider the 
needs of fishing communities would be violated.
    Each of the 2016 ACL alternatives show a decrease in gross revenue 
when compared to the 2015 fishing year. When compared against each 
other, the economic analysis of the various witch flounder ABC 
alternatives did not show any gain in gross revenue at the fishery 
level, or any wide difference in vessel and port-level gross revenue, 
as the witch flounder ABC increased. The economic analysis consistently 
showed other stocks (GB cod, GOM cod, and SNE/MA yellowtail flounder) 
would be more constraining than witch flounder, which may partially 
explain the lack of predicted revenue increases with higher witch 
flounder ABCs. In addition, there are other assumptions in the economic 
analysis that may mask sector and vessel level impacts that could 
result from alternatives with lower witch flounder ABCs. Ultimately, 
the proposed alternative (460-mt witch flounder ABC) is expected to 
mitigate potential economic impacts to fishing communities compared to 
both the No Action alternative and the 399-mt witch flounder ABC 
alternative, while reducing the biological concerns of an increased 
risk of overfishing compared to the 500-mt witch flounder ABC 
alternative.
    The proposed catch limits are based on the latest stock assessment 
information, which is considered the best scientific information 
available, and the applicable requirements in the FMP and the Magnuson-
Stevens Act. With the exception of witch flounder, the only other 
possible alternatives to the catch limits proposed in this action that 
would mitigate negative impacts would be higher catch limits. 
Alternative, higher catch limits, however, are not permissible under 
the law because they would not be consistent with the goals and 
objectives of the FMP, or the Magnuson-Stevens Act, particularly the 
requirement to prevent overfishing. The Magnuson-Stevens Act, and case 
law, prevent

[[Page 15031]]

implementation of measures that conflict with conservation 
requirements, even if it means negative impacts are not mitigated. The 
catch limits proposed in this action are the highest allowed given the 
best scientific information available, the SSC's recommendations, and 
requirements to end overfishing and rebuild fish stocks. The only other 
catch limits that would be legal would be lower than those proposed in 
this action, which would not mitigate the economic impacts of the 
proposed catch limits.

Modification of the Definition of the Haddock Separator Trawl

    The proposed action would modify the current definition of the 
haddock separator trawl to require that the separator panel contrasts 
in color to the portions of the net that it separates. An estimated 46 
unique vessels had at least one trip that used a haddock separator 
trawl from 2013-2015. The costs for labor and installation of a new 
separator panel are estimated to range from $560 to $1,400 per panel. 
The No Action alternative would not modify the current definition of 
the haddock separator trawl. The proposed action is expected to 
expedite Coast Guard vessel inspections when compared to the No Action 
alternative, which could improve enforceability of this gear type and 
reduce delays in fishing operations while inspections occur.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: March 11, 2016.
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, revise paragraph (k)(16)(iii)(B) to read as 
follows:


Sec.  648.14  Prohibitions.

* * * * *
    (k) * * *
    (16) * * *
    (iii) * * *
    (B) Fail to comply with the requirements specified in Sec.  
648.81(f)(5)(v) when fishing in the areas described in Sec.  
648.81(d)(1), (e)(1), and (f)(4) during the time periods specified.
0
3. In Sec.  648.85, revise paragraph (a)(3)(iii)(A) to read as follows:


Sec.  648.85  Special management programs.

    (a) * * *
    (3) * * *
    (iii) * * *
    (A) Haddock Separator Trawl. A haddock separator trawl is defined 
as a groundfish trawl modified to a vertically-oriented trouser trawl 
configuration, with two extensions arranged one over the other, where a 
codend shall be attached only to the upper extension, and the bottom 
extension shall be left open and have no codend attached. A horizontal 
large-mesh separating panel constructed with a minimum of 6.0-inch 
(15.2-cm) diamond mesh must be installed between the selvedges joining 
the upper and lower panels, as described in paragraphs (a)(3)(iii)(A) 
and (B) of this section, extending forward from the front of the 
trouser junction to the aft edge of the first belly behind the fishing 
circle. The horizontal large-mesh separating panel must be constructed 
with mesh of a contrasting color to the upper and bottom extensions of 
the net that it separates.
    (1) Two-seam bottom trawl nets--For two seam nets, the separator 
panel will be constructed such that the width of the forward edge of 
the panel is 80-85 percent of the width of the after edge of the first 
belly of the net where the panel is attached. For example, if the belly 
is 200 meshes wide (from selvedge to selvedge), the separator panel 
must be no wider than 160-170 meshes wide.
    (2) Four-seam bottom trawl nets--For four seam nets, the separator 
panel will be constructed such that the width of the forward edge of 
the panel is 90-95 percent of the width of the after edge of the first 
belly of the net where the panel is attached. For example, if the belly 
is 200 meshes wide (from selvedge to selvedge), the separator panel 
must be no wider than 180-190 meshes wide. The separator panel will be 
attached to both of the side panels of the net along the midpoint of 
the side panels. For example, if the side panel is 100 meshes tall, the 
separator panel must be attached at the 50th mesh.
* * * * *
0
3. In Sec.  648.87:
0
A. Revise paragraphs (a)(1) and (2), (b)(1)(i)(B)(2), (b)(1)(v)(B) 
introductory text, and (b)(1)(v)(B)(1)(i);
0
B. Add paragraph (b)(1)(v)(B)(1)(ii);
0
C. Revise paragraph (b)(4)(i)(G);
0
D. Add paragraphs (c)(2)(i)(A), reserved paragraph (c)(2)(i)(B), and 
(c)(4); and
0
E. Revise paragraphs, (d), and (e)(3)(iv).
    The revisions and additions read as follows:


Sec.  648.87  Sector allocation.

    (a) Procedure for approving/implementing a sector allocation 
proposal. (1) Any person may submit a sector allocation proposal for a 
group of limited access NE multispecies vessels to NMFS. The sector 
allocation proposal must be submitted to the Council and NMFS in 
writing by the deadline for submitting an operations plan and 
preliminary sector contract that is specified in paragraph (b)(2) of 
this section. The proposal must include a cover letter requesting the 
formation of the new sector, a complete sector operations plan and 
preliminary sector contract, prepared as described in in paragraphs 
(b)(2) and (3) of this section, and appropriate analysis that assesses 
the impact of the proposed sector, in compliance with the National 
Environmental Policy Act.
    (2) Upon receipt of a proposal to form a new sector allocation, and 
following the deadline for each sector to submit an operations plan, as 
described in paragraph (b)(2) of this section, NMFS will notify the 
Council in writing of its intent to consider a new sector allocation 
for approval. The Council will review the proposal(s) and associated 
NEPA analyses at a Groundfish Committee and Council meeting, and 
provide its recommendation on the proposed sector allocation to NMFS in 
writing. NMFS will make final determinations regarding the approval of 
the new sectors based on review of the proposed operations plans, 
associated NEPA analyses, and the Council's recommendations, and in a 
manner consistent with the Administrative Procedure Act. NMFS will only 
approve a new sector that has received the Council's endorsement.
* * * * *
    (b) * * *
    (1) * * *
    (i) * * *
    (B) * * *
    (2) Re-allocation of haddock or cod ACE. A sector may re-allocate 
all, or a portion, of a its haddock or cod ACE specified to the Eastern 
U.S./Canada Area, pursuant to paragraph (b)(1)(i)(B)(1) of this 
section, to the Western U.S./Canada Area at any time during the fishing 
year, and up to 2 weeks into the following fishing year (i.e., through 
May 14), unless otherwise instructed by NMFS, to cover any overages 
during the previous fishing year. Re-allocation of any ACE only

[[Page 15032]]

becomes effective upon approval by NMFS, as specified in paragraphs 
(b)(1)(i)(B)(2)(i) through (iii) of this section. Re-allocation of 
haddock or cod ACE may only be made within a sector, and not between 
sectors. For example, if 100 mt of a sector's GB haddock ACE is 
specified to the Eastern U.S./Canada Area, the sector could re-allocate 
up to 100 mt of that ACE to the Western U.S./Canada Area.
    (i) Application to re-allocate ACE. GB haddock or GB cod ACE 
specified to the Eastern U.S./Canada Area may be re-allocated to the 
Western U.S./Canada Area through written request to the Regional 
Administrator. This request must include the name of the sector, the 
amount of ACE to be re-allocated, and the fishing year in which the ACE 
re-allocation applies, as instructed by the Regional Administrator.
    (ii) Approval of request to re-allocate ACE. NMFS shall approve or 
disapprove a request to re-allocate GB haddock or GB cod ACE provided 
the sector, and its participating vessels, are in compliance with the 
reporting requirements specified in this part. The Regional 
Administrator shall inform the sector in writing, within 2 weeks of the 
receipt of the sector's request, whether the request to re-allocate ACE 
has been approved.
    (iii) Duration of ACE re-allocation. GB haddock or GB cod ACE that 
has been re-allocated to the Western U.S./Canada Area pursuant to this 
paragraph (b)(1)(i)(B)(2) is only valid for the fishing year in which 
the re-allocation is approved, with the exception of any requests that 
are submitted up to 2 weeks into the subsequent fishing year to address 
any potential ACE overages from the previous fishing year, as provided 
in paragraph (b)(1)(iii) of this section, unless otherwise instructed 
by NMFS.
* * * * *
    (v) * * *
    (B) Independent third-party monitoring program. A sector must 
develop and implement an at-sea or electronic monitoring program that 
is satisfactory to, and approved by, NMFS for monitoring catch and 
discards and utilization of sector ACE, as specified in this paragraph 
(b)(1)(v)(B). The primary goal of the at-sea/electronic monitoring 
program is to verify area fished, as well as catch and discards by 
species and gear type, in the most cost-effective means practicable. 
All other goals and objectives of groundfish monitoring programs at 
Sec.  648.11(l) are considered equally-weighted secondary goals. The 
details of any at-sea or electronic monitoring program must be 
specified in the sector's operations plan, pursuant to paragraph 
(b)(2)(xi) of this section, and must meet the operational standards 
specified in paragraph (b)(5) of this section. Electronic monitoring 
may be used in place of actual observers if the technology is deemed 
sufficient by NMFS for a specific trip type based on gear type and area 
fished, in a manner consistent with the Administrative Procedure Act. 
The level of coverage for trips by sector vessels is specified in 
paragraph (b)(1)(v)(B)(1) of this section. The at-sea/electronic 
monitoring program shall be reviewed and approved by the Regional 
Administrator as part of a sector's operations plans in a manner 
consistent with the Administrative Procedure Act. A service provider 
providing at-sea or electronic monitoring services pursuant to this 
paragraph (b)(1)(v)(B) must meet the service provider standards 
specified in paragraph (b)(4) of this section, and be approved by NMFS 
in a manner consistent with the Administrative Procedure Act.
    (1) * * *
    (i) At-sea/electronic monitoring. Coverage levels must be 
sufficient to at least meet the coefficient of variation specified in 
the Standardized Bycatch Reporting Methodology at the overall stock 
level for each stock of regulated species and ocean pout, and to 
monitor sector operations, to the extent practicable, in order to 
reliably estimate overall catch by sector vessels. In making its 
determination, NMFS shall take into account the primary goal of the at-
sea/electronic monitoring program to verify area fished, as well as 
catch and discards by species and gear type, in the most cost-effective 
means practicable, the equally-weighted secondary goals and objectives 
of groundfish monitoring programs detailed at Sec.  648.11(l), the 
National Standards and requirements of the Magnuson-Stevens Act, and 
any other relevant factors. NMFS will determine the total target 
coverage level (i.e., combined NEFOP coverage and at-sea/electronic 
monitoring coverage) for the upcoming fishing year using the criteria 
in this paragraph. Annual coverage levels will be based on the most 
recent 3-year average of the total required coverage level necessary to 
reach the required coefficient of variation for each stock. For 
example, if data from the 2012 through 2014 fishing years are the most 
recent three complete fishing years available for the fishing year 2016 
projection, NMFS will use data from these three years to determine 2016 
target coverage levels. For each stock, the coverage level needed to 
achieve the required coefficient of variation would be calculated first 
for each of the 3 years and then averaged (e.g., (percent coverage 
necessary to meet the required coefficient of variation in year 1 + 
year 2 + year 3)/3). The coverage level that will apply is the maximum 
stock-specific rate after considering the following criteria. For a 
given fishing year, stocks that are not overfished, with overfishing 
not occurring according to the most recent available stock assessment, 
and that in the previous fishing year have less than 75 percent of the 
sector sub-ACL harvested and less than 10 percent of catch comprised of 
discards, will not be used to predict the annual target coverage level. 
A stock must meet all of these criteria to be eliminated as a predictor 
for the annual target coverage level for a given year.
    (ii) A sector vessel that declares its intent to exclusively fish 
using gillnets with a mesh size of 10-inch (25.4-cm) or greater in 
either the Inshore GB Stock Area, as defined at Sec.  648.10(k)(3)(ii), 
and/or the SNE Broad Stock Area, as defined at Sec.  648.10(k)(3)(iv), 
is not subject to the coverage rate specified in this paragraph 
(b)(1)(v)(B)(1) of this section provided that the trip is limited to 
the Inshore GB and/or SNE Broad Stock Areas and that the vessel only 
uses gillnets with a mesh size of 10-inches (25.4-cm) or greater. When 
on such a trip, other gear may be on board provided that it is stowed 
and not available for immediate use as defined in Sec.  648.2. A sector 
trip fishing with 10-inch (25.4-cm) mesh or larger gillnets will still 
be subject to the annual coverage rate if the trip declares its intent 
to fish in any part of the trip in the GOM Stock area, as defined at 
Sec.  648.10(k)(3)(i), or the Offshore GB Stock Area, as defined at 
Sec.  648.10(k)(3)(iii).
* * * * *
    (4) * * *
    (i) * * *
    (G) Evidence of adequate insurance (copies of which shall be 
provided to the vessel owner, operator, or vessel manager, when 
requested) to cover injury, liability, and accidental death to cover 
at-sea monitors (including during training); vessel owner; and service 
provider. NMFS will determine the adequate level of insurance and 
notify potential service providers;
* * * * *
    (c) * * *
    (2) * * *
    (i) * * *
    (A) Fippennies Ledge Area. The Fippennies Ledge Area is bounded by 
the following coordinates, connected by straight lines in the order 
listed:

[[Page 15033]]



                          Fippennies Ledge Area
------------------------------------------------------------------------
                  Point                     N. Latitude    W. Longitude
------------------------------------------------------------------------
1.......................................    42[deg]50.0'    69[deg]17.0'
2.......................................    42[deg]44.0'    69[deg]14.0'
3.......................................    42[deg]44.0'    69[deg]18.0'
4.......................................    42[deg]50.0'    69[deg]21.0'
1.......................................    42[deg]50.0'    69[deg]17.0'
------------------------------------------------------------------------

    (B) [Reserved]
* * * * *
    (4) Any sector may submit a written request to amend its approved 
operations plan to the Regional Administrator. If the amendment is 
administrative in nature, within the scope of, and consistent with the 
actions and impacts previously considered for current sector 
operations, the Regional Administrator may approve an administrative 
amendment in writing. The Regional Administrator may approve 
substantive changes to an approved operations plan in a manner 
consistent with the Administrative Procedure Act and other applicable 
law. All approved operations plan amendments will be published on the 
regional office Web site and will be provided to the Council.
    (d) Approved sector allocation proposals. Eligible NE multispecies 
vessels, as specified in paragraph (a)(3) of this section, may 
participate in the sectors identified in paragraphs (d)(1) through (25) 
of this section, provided the operations plan is approved by the 
Regional Administrator in accordance with paragraph (c) of this section 
and each participating vessel and vessel operator and/or vessel owner 
complies with the requirements of the operations plan, the requirements 
and conditions specified in the letter of authorization issued pursuant 
to paragraph (c) of this section, and all other requirements specified 
in this section. All operational aspects of these sectors shall be 
specified pursuant to the operations plan and sector contract, as 
required by this section.
    (1) GB Cod Hook Sector.
    (2) GB Cod Fixed Gear Sector.
    (3) Sustainable Harvest Sector.
    (4) Sustainable Harvest Sector II.
    (5) Sustainable Harvest Sector III.
    (6) Port Clyde Community Groundfish Sector.
    (7) Northeast Fishery Sector I.
    (8) Northeast Fishery Sector II.
    (9) Northeast Fishery Sector III.
    (10) Northeast Fishery Sector IV.
    (11) Northeast Fishery Sector V.
    (12) Northeast Fishery Sector VI.
    (13) Northeast Fishery Sector VII.
    (14) Northeast Fishery Sector VIII.
    (15) Northeast Fishery Sector IX.
    (16) Northeast Fishery Sector X.
    (17) Northeast Fishery Sector XI.
    (18) Northeast Fishery Sector XII.
    (19) Northeast Fishery Sector XIII.
    (20) Tristate Sector.
    (21) Northeast Coastal Communities Sector.
    (22) State of Maine Permit Banking Sector.
    (23) State of Rhode Island Permit Bank Sector.
    (24) State of New Hampshire Permit Bank Sector.
    (25) State of Massachusetts Permit Bank Sector
* * * * *
    (e) * * *
    (3)
    (iv) Reallocation of GB haddock or GB cod ACE. Subject to the terms 
and conditions of the state-operated permit bank's MOAs with NMFS, a 
state-operated permit bank may re-allocate all, or a portion, of its GB 
haddock or GB cod ACE specified for the Eastern U.S./Canada Area to the 
Western U.S./Canada Area provided it complies with the requirements in 
paragraph (b)(1)(i)(B)(2) of this section.
* * * * *


Sec.  648.89  [Amended]

0
4. In Sec.  648.89, remove and reserve paragraph (f)(3)(ii).

[FR Doc. 2016-06186 Filed 3-18-16; 8:45 am]
BILLING CODE 3510-22-P



                                                                       Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules                                           15003

                                               in the amount of the proposed fees. For                 supplemental application on casualty                  DEPARTMENT OF COMMERCE
                                               other services, fees may be lower than                  for the addition or substitution of a
                                               current fees due to an overall reduced                  vessel.                                               National Oceanic and Atmospheric
                                               cost to provide those services.                                                                               Administration
                                                                                                          For reviews of requests filed under
                                                  The Commission assesses nominal
                                               processing fees for services related to                 FOIA and requests for revisions of
                                                                                                                                                             50 CFR Part 648
                                               the filing of complaints and certain                    clerical errors on service contracts, the
                                                                                                       Commission is considering lowering the                [Docket No. 151211999–6209–01]
                                               petitions; various public information
                                               services, such as records searches,                     fees due to the change in grade level of              RIN 0648–BF62
                                               document copying, and admissions to                     the professional staff that review FOIA
                                               practice; and filing applications for                   requests.                                             Magnuson-Stevens Fishery
                                               special permission. Due to an increase                     The Commission is considering                      Conservation and Management Act
                                               in the processing cost of these services,               repealing the user fee for obtaining a                Provisions; Fisheries of the
                                               the Commission is considering adjusting                                                                       Northeastern United States; Northeast
                                                                                                       copy of the Regulated Persons Index
                                               upward these administrative fees based                                                                        Groundfish Fishery; Framework
                                                                                                       given that it is currently available on the
                                               on an assessment of fiscal year 2015                                                                          Adjustment 55
                                                                                                       Commission’s Web site. The
                                               costs. Similarly, the Commission is                     Commission is also considering                        AGENCY:  National Marine Fisheries
                                               considering adjusting upward the user                   repealing the current fee assessed for                Service (NMFS), National Oceanic and
                                               fees associated with agreements filed                                                                         Atmospheric Administration (NOAA),
                                                                                                       adding an interested party to a specific
                                               under 46 CFR part 535 because of the                                                                          Commerce.
                                                                                                       docket mailing list under § 503.50(d),
                                               increase in reviewing and analyzing the
                                               agreement filings.                                      and the fee assessed under § 535.401(h)               ACTION: Proposed rule; request for
                                                  With respect to OTI license                          for obtaining a Commission agreement                  comments.
                                               applications, the Commission offers                     database report.
                                                                                                                                                             SUMMARY:    This action proposes approval
                                               lower fees for electronic filing of license                In addition, the Commission is                     of, and regulations to implement,
                                               applications through its FMC–18                         considering repealing the user fee for                Framework Adjustment 55 to the
                                               automated filing system. The                            filing petitions for rulemaking found in              Northeast Multispecies Fishery
                                               Commission first adopted lower fees in                  § 503.51(a). This would align the                     Management Plan. This rule would set
                                               2007 to promote the use of the                          Commission with the practice of other                 2016–2018 catch limits for all 20
                                               electronic filing option by the public                  agencies, the vast majority of which do               groundfish stocks, adjust the groundfish
                                               and to facilitate the transfer of OTI                   not impose a fee to file petitions for                at-sea monitoring program, and adopt
                                               records from a paper-based format to a                  rulemaking. Repealing this user fee                   several sector measures. This action is
                                               more convenient and accessible digital                  would also enhance access to the                      necessary to respond to updated
                                               format.4 As intended, the majority of                                                                         scientific information and achieve the
                                                                                                       rulemaking process, thereby making it
                                               OTI applicants are using the automated                                                                        goals and objectives of the Fishery
                                                                                                       fairer and more open.
                                               system and paying the reduced fees. In                                                                        Management Plan. The proposed
                                               fiscal year 2015, the total number of OTI                  The Commission is also considering
                                                                                                                                                             measures are intended to help prevent
                                               applicants using the automated filing                   adding a new fee for processing requests
                                                                                                                                                             overfishing, rebuild overfished stocks,
                                               system at the reduced fees was 619, and                 for expedited review of an agreement
                                                                                                                                                             achieve optimum yield, and ensure that
                                               the total number of OTI applicants filing               under § 535.605, which allows filing
                                                                                                                                                             management measures are based on the
                                               their applications in paper format at the               parties to request that the 45-day                    best scientific information available.
                                               higher fees was 44. This program has                    waiting period be shortened to meet an
                                                                                                                                                             DATES: Comments must be received by
                                               been successful and the Commission is                   operational urgency. The Commission
                                               considering continuing to offer the                                                                           April 5, 2016.
                                                                                                       believes that a fee for processing such
                                               lower fees for electronic filing at the                                                                       ADDRESSES: You may submit comments,
                                                                                                       requests is necessary to recoup the cost
                                               current fee amounts.5                                   of publishing a separate Federal                      identified by NOAA–NMFS–2016–0019,
                                                  The Commission is considering                                                                              by either of the following methods:
                                                                                                       Register notice for expedited review.
                                               decreasing fees for the Commission’s                                                                             • Electronic Submission: Submit all
                                                                                                       This new fee would be assessed in                     electronic public comments via the
                                               services to passenger vessel operators                  addition to the underlying agreement
                                               (PVOs) under 46 CFR part 540. These                                                                           Federal eRulemaking Portal.
                                                                                                       filing fee required by § 535.401(g).                     1. Go to www.regulations.gov/
                                               services include reviewing and
                                               processing the application for                             The Commission welcomes comments                   #!docketDetail;D=NOAA-NMFS-2016-
                                               certification on performance; the                       on its new fee calculation methodology                0019;
                                               supplemental application on                             and possible fee adjustments.                            2. Click the ‘‘Comment Now!’’ icon
                                               performance for the addition or                                                                               and complete the required fields; and
                                                                                                         By the Commission.
                                               substitution of a vessel; the application                                                                        3. Enter or attach your comments.
                                               for certification on casualty, and the
                                                                                                       Karen V. Gregory,                                        • Mail: Submit written comments to
                                                                                                       Secretary.                                            John K. Bullard, Regional
                                                  4 FMC Docket No. 07–08, Optional Method of           [FR Doc. 2016–06241 Filed 3–18–16; 8:45 am]           Administrator, National Marine
                                               Filing Form FMC–18, Application for a License as        BILLING CODE 6731–AA–P                                Fisheries Service, 55 Great Republic
                                               an Ocean Transportation Intermediary, 72 FR                                                                   Drive, Gloucester, MA 01930. Mark the
                                               44976, 44977 (Aug. 10, 2007).
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                                                  5 While the automated filing system allows users
                                                                                                                                                             outside of the envelope, ‘‘Comments on
                                               to file their applications electronically, the
                                                                                                                                                             the Proposed Rule for Groundfish
                                               automated system for processing the applications is                                                           Framework Adjustment 55.’’
                                               still under development. The fees for the electronic                                                             Instructions: Comments sent by any
                                               filing of OTI applications will be addressed by the                                                           other method, to any other address or
                                               Commission when the entire FMC–18 automated
                                               system is complete and operational, and the costs
                                                                                                                                                             individual, or received after the end of
                                               of the system and its impact on the review of OTI                                                             the comment period, may not be
                                               applications can be quantified.                                                                               considered by us. All comments


                                          VerDate Sep<11>2014   15:25 Mar 18, 2016   Jkt 238001   PO 00000   Frm 00014   Fmt 4702   Sfmt 4702   E:\FR\FM\21MRP1.SGM   21MRP1


                                               15004                   Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules

                                               received are a part of the public record                55, in a February 25, 2016, letter from                  • Management measures necessary to
                                               and will generally be posted for public                 Council Chairman E.F. ‘‘Terry’’                       implement sector operations plans—this
                                               viewing on www.regulations.gov                          Stockwell to Regional Administrator                   action proposes one new sector
                                               without change. All personal identifying                John Bullard. Under the Magnuson-                     regulatory exemption and annual catch
                                               information (e.g., name, address, etc.),                Stevens Fishery Conservation and                      entitlements for 19 sectors for the 2016
                                               confidential business information, or                   Management Act (Magnuson-Stevens                      fishing year.
                                               otherwise sensitive information                         Act), we are required to publish                         • Management measures for the
                                               submitted voluntarily by the sender will                proposed rules for comment after                      common pool fishery—this action
                                               be publicly accessible. We will accept                  preliminarily determining whether they                proposes fishing year 2015 trip limits
                                               anonymous comments (enter ‘‘N/A’’ in                    are consistent with applicable law. The               for the common pool fishery.
                                               the required fields if you wish to remain               Magnuson-Stevens Act permits us to                       • Other regulatory corrections—we
                                               anonymous).                                             approve, partially approve, or                        propose several administrative revisions
                                                 Copies of Framework Adjustment 55,                    disapprove measures proposed by the                   to the regulations to clarify their intent,
                                               including the draft Environmental                       Council based only on whether the                     correct references, remove unnecessary
                                               Assessment, the Regulatory Impact                       measures are consistent with the fishery              text, and make other minor edits. Each
                                               Review, and the Initial Regulatory                      management plan, plan amendment, the                  proposed correction is described in the
                                               Flexibility Analysis prepared by the                    Magnuson-Stevens Act and its National                 section ‘‘10. Regulatory Corrections
                                               New England Fishery Management                          Standards, and other applicable law.                  Under Regional Administrator
                                               Council in support of this action are                   Otherwise, we must defer to the                       Authority.’’
                                               available from Thomas A. Nies,                          Council’s policy choices. We are seeking              2. Status Determination Criteria
                                               Executive Director, New England                         comment on the Council’s proposed
                                               Fishery Management Council, 50 Water                    measures in Framework 55 and whether                     The Northeast Fisheries Science
                                                                                                                                                             Center (NEFSC) conducted operational
                                               Street, Mill 2, Newburyport, MA 01950.                  they are consistent with the Northeast
                                                                                                                                                             stock assessment updates in 2015 for all
                                               The supporting documents are also                       Multispecies FMP and Amendment 16,
                                                                                                                                                             20 groundfish stocks. The final report
                                               accessible via the Internet at: http://                 the Magnuson-Stevens Act and its
                                                                                                                                                             for the operational assessment updates
                                               www.nefmc.org/management-plans/                         National Standards, and other
                                                                                                                                                             is available on the NEFSC Web site:
                                               northeast-multispecies or http://                       applicable law. Through Framework 55,
                                                                                                                                                             http://www.nefsc.noaa.gov/groundfish/
                                               www.greateratlantic.fisheries.noaa.gov/                 the Council proposes to:
                                                                                                          • Set 2016–2018 specifications for all             operational-assessments-2015/. This
                                               sustainable/species/multispecies.
                                                 Written comments regarding the                        20 groundfish stocks;                                 action proposes to revise status
                                                                                                          • Set fishing year 2016 shared U.S./               determination criteria, as necessary, and
                                               burden-hour estimates or other aspects
                                                                                                       Canada quotas for Georges Bank (GB)                   provide updated numerical estimates of
                                               of the collection-of-information
                                                                                                       yellowtail flounder and Eastern GB cod                these criteria, in order to incorporate the
                                               requirements contained in this rule
                                                                                                       and haddock;                                          results of the 2015 stock assessments.
                                               should be submitted to the Regional
                                                                                                          • Modify the industry-funded sector                Table 1 provides the updated numerical
                                               Administrator at the address above and
                                                                                                       at-sea monitoring program to make the                 estimates of the status determination
                                               to the Office of Management and Budget
                                                                                                       program more cost-effective, while still              criteria, and Table 2 summarizes
                                               by email at OIRA_Submission@
                                                                                                       ensuring that groundfish catch is                     changes in stock status based on the
                                               omb.eop.gov, or fax to (202) 395–7285.
                                                                                                       reliably monitored;                                   2015 assessment updates. Stock status
                                               FOR FURTHER INFORMATION CONTACT: Aja                                                                          did not change for 15 of the 20 stocks,
                                               Szumylo, Fishery Policy Analyst,                           • Create a new sector;
                                               phone: 978–281–9195; email:                                • Modify the sector approval process               worsened for 2 stocks (Southern New
                                                                                                       so that new sectors would not have to                 England/Mid-Atlantic (SNE/MA)
                                               Aja.Szumylo@noaa.gov.                                                                                         yellowtail flounder and GB winter
                                                                                                       be approved through a Council
                                               SUPPLEMENTARY INFORMATION:                                                                                    flounder), improved for 1 stock
                                                                                                       framework or amendment process;
                                               Table of Contents                                          • Adjust gear requirements to                      (Northern windowpane flounder), and
                                                                                                       improve the enforceability of selective               became more uncertain for 2 stocks (GB
                                               1. Summary of Proposed Measures                                                                               cod and Atlantic halibut).
                                               2. Status Determination Criteria
                                                                                                       trawl gear;
                                               3. 2016 Fishing Year Shared U.S./Canada                    • Remove the general Gulf of Maine                    As described in more detail below,
                                                    Quotas                                             (GOM) cod prohibition for recreational                status determination relative to
                                               4. Catch Limits for the 2016–2018 Fishing               anglers established in Framework 53                   reference points is no longer possible for
                                                    Years                                              (other recreational measures will be                  GB cod and Atlantic halibut. However,
                                               5. Default Catch Limits for the 2019 Fishing            implemented in a separate rulemaking);                the proposed changes do not affect the
                                                    Year                                               and                                                   rebuilding plans for these stocks. The
                                               6. Groundfish At-Sea Monitoring Program                    • Allow sectors to transfer GB cod                 rebuilding plan for GB cod has an end
                                                    Adjustments                                        quota from the eastern U.S./Canada                    date of 2026, and the rebuilding plan for
                                               7. Other Framework 55 Measures                          Area to the western area.                             halibut has an end date of 2056.
                                               8. Sector Measures for the 2016 Fishing Year
                                                                                                          This action also proposes a number of              Although numerical estimates of status
                                               9. 2016 Fishing Year Annual Measures Under
                                                    Regional Administrator Authority                   other measures that are not part of                   determination criteria are currently not
                                               10. Regulatory Corrections Under Regional               Framework 55, but that may be                         available, to ensure that rebuilding
                                                    Administrator Authority                            considered and implemented under our                  progress is made, catch limits will
                                                                                                       authority specified in the FMP. We are                continue to be set at levels that the
                                               1. Summary of Proposed Measures
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                                                                                                       proposing these measures in                           Council’s Scientific and Statistical
                                                  This action would implement the                      conjunction with the Framework 55                     Committee (SSC) determines will
                                               management measures in Framework                        proposed measures for expediency                      prevent overfishing. Additionally, at
                                               Adjustment 55 to the Northeast                          purposes, and because these measures                  whatever point the stock assessment for
                                               Multispecies Fishery Management Plan                    are related to the catch limits proposed              GB cod and halibut can provide biomass
                                               (FMP). The Council deemed the                           as part of Framework 55. The additional               estimates, these estimates will be used
                                               proposed regulations consistent with,                   measures proposed in this action are                  to evaluate progress towards the
                                               and necessary to implement, Framework                   listed below.                                         rebuilding targets.


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                                                                                 Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules                                                                                              15005

                                                                                            TABLE 1—NUMERICAL ESTIMATES OF STATUS DETERMINATION CRITERIA
                                                                                                                                                                                                         Maximum fishing mortality
                                                                                                                                                           Biomass target
                                                                                          Stock                                                                                                                 threshold                               MSY (mt)
                                                                                                                                                        (SSBMSY or Proxy (mt))                               (FMSY or Proxy)

                                               GB Cod .....................................................................................      NA ..............................................    NA ...........................................   NA
                                                    M=0.2 Model .....................................................................            40,187 ........................................      0.185 .......................................    6,797
                                               GOM Cod
                                                    Mramp Model .......................................................................          59,045 ........................................      0.187 .......................................    10,043
                                               GB Haddock .............................................................................          108,300 ......................................       0.39 .........................................   24,900
                                               GOM Haddock ..........................................................................            4,623 ..........................................     0.468 .......................................    1,083
                                               GB Yellowtail Flounder .............................................................              NA ..............................................    NA ...........................................   NA
                                               SNE/MA Yellowtail Flounder ....................................................                   1,959 ..........................................     0.35 .........................................   541
                                               CC/GOM Yellowtail Flounder ...................................................                    5,259 ..........................................     0.279 .......................................    1,285
                                               American Plaice ........................................................................          13,107 ........................................      0.196 .......................................    2,675
                                               Witch Flounder .........................................................................          9,473 ..........................................     0.279 .......................................    1,957
                                               GB Winter Flounder ..................................................................             6,700 ..........................................     0.536 .......................................    2,840
                                               GOM Winter Flounder ..............................................................                NA ..............................................    0.23 exploitation rate ..............            NA
                                               SNE/MA Winter Flounder .........................................................                  26,928 ........................................      0.325 .......................................    7,831
                                               Acadian Redfish .......................................................................           281,112 ......................................       0.038 .......................................    10,466
                                               White Hake ...............................................................................        32,550 ........................................      0.188 .......................................    5,422
                                               Pollock ......................................................................................    105,226 ......................................       0.277 .......................................    19,678
                                               Northern Windowpane Flounder ..............................................                       1.554 kg/tow ..............................          0.45 c/i ....................................    700
                                               Southern Windowpane Flounder ..............................................                       0.247 kg/tow ..............................          2.027 c/i ..................................     500
                                               Ocean Pout ...............................................................................        4.94 kg/tow ................................         0.76 c/i ....................................    3,754
                                               Atlantic Halibut ..........................................................................       NA ..............................................    NA ...........................................   NA
                                               Atlantic Wolffish ........................................................................        1,663 ..........................................     0.243 .......................................    244
                                                 SSB = Spawning Stock Biomass; MSY = Maximum Sustainable Yield; F = Fishing Mortality; M = Natural Mortality.
                                                 Note. A brief explanation of the two assessment models for GOM cod is provided in the section ‘‘4. Catch Limits for the 2016–2018 Fishing
                                               Years.’’

                                                                                                             TABLE 2—SUMMARY OF CHANGES TO STOCK STATUS
                                                                                                                                                                              Previous assessment                                    2015 Assessment
                                                                                                     Stock
                                                                                                                                                                        Overfishing?                 Overfished?             Overfishing?              Overfished?

                                               GB Cod ............................................................................................................           Yes                        Yes                      Yes                      Yes
                                               GOM Cod .........................................................................................................             Yes                        Yes                      Yes                      Yes
                                               GB Haddock ....................................................................................................               No                         No                       No                       No
                                               GOM Haddock .................................................................................................                 No                         No                       No                       No
                                               GB Yellowtail Flounder ....................................................................................                 Unknown                    Unknown                  Unknown                  Unknown
                                               SNE/MA Yellowtail Flounder ............................................................................                       No                         No                       Yes                      Yes
                                               CC/GOM Yellowtail Flounder ...........................................................................                        Yes                        Yes                      Yes                      Yes
                                               American Plaice ...............................................................................................               No                         No                       No                       No
                                               Witch Flounder .................................................................................................              Yes                        Yes                      Yes                      Yes
                                               GB Winter Flounder .........................................................................................                  No                         No                       Yes                      Yes
                                               GOM Winter Flounder .....................................................................................                     No                       Unknown                    No                     Unknown
                                               SNE/MA Winter Flounder ................................................................................                       No                         Yes                      No                       Yes
                                               Acadian Redfish ...............................................................................................               No                         No                       No                       No
                                               White Hake ......................................................................................................             No                         No                       No                       No
                                               Pollock .............................................................................................................         No                         No                       No                       No
                                               Northern Windowpane Flounder ......................................................................                           Yes                        Yes                      No                       Yes
                                               Southern Windowpane Flounder .....................................................................                            No                         No                       No                       No
                                               Ocean Pout ......................................................................................................             No                         Yes                      No                       Yes
                                               Atlantic Halibut .................................................................................................            No                         Yes                      No                       Yes
                                               Atlantic Wolffish ...............................................................................................             No                         Yes                      No                       Yes



                                               Georges Bank Cod Status Determination                                      advice. Several model performance-                                          but both cited uncertainty in the
                                               Criteria                                                                   indicators suggested that the problems                                      estimates of catch and/or natural
                                                  The 2015 assessment update for GB                                       in the 2012 benchmark assessment are                                        mortality assumptions used in the
                                               cod was an update of the existing 2012                                     worse in the 2015 assessment update.                                        assessments. The 2012 benchmark
                                               benchmark assessment (available at:                                        There was a strong retrospective pattern                                    assessment accounted for the
                                                                                                                          in the benchmark assessment that                                            retrospective pattern using a
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                                               http://www.nefsc.noaa.gov/saw/). The
                                               2012 benchmark assessment determined                                       worsened considerably in the                                                retrospective adjustment. However,
                                               that the stock is overfished, and that                                     assessment update. The retrospective                                        when the retrospective adjustment was
                                               overfishing is occurring. The peer                                         pattern causes the model to                                                 applied in the 2015 assessment update
                                               review panel for the 2015 assessment                                       overestimate stock biomass and                                              to generate short-term catch projections,
                                               update concluded that the updated                                          underestimate fishing mortality. Neither                                    the assessment model failed. Based on
                                               assessment model was not acceptable as                                     assessment could definitively identify                                      this, and other indications that the
                                               a scientific basis for management                                          the cause of the retrospective pattern,                                     model is no longer a good fit for the


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                                               15006                            Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules

                                               available data, the review panel                                          condition of the stock is still poor.                             quotas are allocated between the U.S.
                                               recommended that an alternative                                           However, the results of the assessment                            and Canada based on a formula that
                                               approach should be used to provide                                        model indicated that the stock is near or                         considers historical catch (10-percent
                                               management advice.                                                        above its unfished biomass and could                              weighting) and the current resource
                                                 Although the review panel concluded                                     support a directed fishery. The review                            distribution (90-percent weighting).
                                               that GB cod catch advice should be                                        panel noted that the model is very                                  For GB yellowtail flounder, the SSC
                                               based on an alternative approach, it                                      simplistic and uses a number of                                   also recommends an acceptable
                                               recommended that the 2012 benchmark                                       assumptions (e.g., no immigration or                              biological catch (ABC) for the stock,
                                               assessment is the best scientific                                         emigration from the stock) that are                               which is typically used to inform the
                                               information for stock status                                              likely not true for the stock. As a result,                       U.S. TMGC’s discussions with Canada
                                               determination. All information available                                  the review panel recommended a                                    for the annual shared quota. Although
                                               in the 2015 assessment update indicates                                   benchmark assessment to develop a new                             the stock is jointly managed with
                                               that stock size has not increased, and                                    Atlantic halibut stock assessment model                           Canada, and the TMGC recommends
                                               that the condition of the stock is still                                  and explore stock boundaries. In the                              annual shared quotas, the United States
                                               poor. As a result, based on the 2015                                      interim, the peer review panel                                    may not set catch limits that would
                                               assessment update, the stock remains                                      recommended that an alternative                                   exceed the SSC’s recommendation. The
                                               overfished and overfishing is occurring.                                  approach should be used to provide                                SSC does not recommend ABCs for
                                               However, because the assessment model                                     management advice.                                                eastern GB cod and haddock because
                                               was not accepted during the 2015                                          3. 2016 Fishing Year U.S./Canada                                  they are management units of the total
                                               assessment, there are no longer                                           Quotas                                                            GB cod and haddock stocks. The SSC
                                               numerical estimates of the status                                                                                                           recommends overall ABCs for the total
                                               determination criteria.                                                   Management of Transboundary Georges                               GB cod and haddock stocks. The shared
                                                                                                                         Bank Stocks                                                       U.S./Canada quota for eastern GB cod
                                               Atlantic Halibut Status Determination
                                                                                                                            Eastern GB cod, eastern GB haddock,                            and haddock is accounted for in these
                                               Criteria
                                                                                                                         and GB yellowtail flounder are jointly                            overall ABCs, and must be consistent
                                                 This 2015 assessment update for                                         managed with Canada under the United                              with the SSC’s recommendation for the
                                               Atlantic halibut is an operational update                                 States/Canada Resource Sharing                                    total GB stocks.
                                               of the existing 2010 benchmark                                            Understanding. Each year, the
                                               assessment and a 2012 assessment                                                                                                            2016 U.S./Canada Quotas
                                                                                                                         Transboundary Management Guidance
                                               update (both available at: http://                                        Committee (TMGC), which is a                                         The Transboundary Resources
                                               www.nefsc.noaa.gov/saw/). The                                             government-industry committee made                                Assessment Committee (TRAC)
                                               previous assessments determined that                                      up of representatives from the U.S. and                           conducted assessments for the three
                                               the stock was overfished but that                                         Canada, recommends a shared quota for                             transboundary stocks in July 2015, and
                                               overfishing was not occurring. Though                                     each stock based on the most recent                               detailed summaries of these assessments
                                               the previous assessments were used to                                     stock information and the TMGC’s                                  can be found at: http://
                                               provide catch advice and make status                                      harvest strategy. The TMGC’s harvest                              www.nefsc.noaa.gov/saw/trac/. The
                                               determinations for this stock, the review                                 strategy for setting catch levels is to                           TMGC met in September 2015 to
                                               panel for the 2015 assessment update                                      maintain a low to neutral risk (less than                         recommend shared quotas for 2016
                                               saw a number of limitations in the                                        50 percent) of exceeding the fishing                              based on the updated assessments, and
                                               model and concluded it was no longer                                      mortality limit for each stock. The                               the Council adopted the TMGC’s
                                               an appropriate basis for management                                       harvest strategy also specifies that when                         recommendations in Framework 55. The
                                               advice. All information available for the                                 stock conditions are poor, fishing                                proposed 2016 shared U.S./Canada
                                               2015 assessment indicates that the stock                                  mortality should be further reduced to                            quotas, and each country’s allocation,
                                               has not increased, and that the                                           promote stock rebuilding. The shared                              are listed in Table 3.

                                                         TABLE 3—PROPOSED 2016 FISHING YEAR U.S./CANADA QUOTAS (MT, LIVE WEIGHT) AND PERCENT OF QUOTA
                                                                                         ALLOCATED TO EACH COUNTRY
                                                                                                                                                                                                      Eastern GB      GB Yellowtail
                                                                                                        Quota                                                                  Eastern GB Cod          Haddock         Flounder

                                               Total Shared Quota ...................................................................................................                       625              37,000              354
                                               U.S. Quota .................................................................................................................           138 (22%)        15,170 (41%)        269 (76%)
                                               Canada Quota ...........................................................................................................               487 (78%)        21,830 (59%)         85 (24%)



                                                  The Council’s proposed 2016 U.S.                                       the U.S. For a more detailed discussion                           Understanding require that any overages
                                               quota for eastern GB haddock would be                                     of the TMGC’s 2016 catch advice, see                              of the U.S. quota for eastern GB cod,
                                               a 15-percent reduction compared to                                        the TMGC’s guidance document at:                                  eastern GB haddock, or GB yellowtail
                                               2015. This reduction is due to a                                          http://                                                           flounder be deducted from the U.S.
                                               reduction in the amount of the shared                                     www.greateratlantic.fisheries.noaa.gov/                           quota in the following fishing year. If
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                                               quota that is allocated to the U.S. The                                   sustainable/species/multispecies/                                 catch information for the 2015 fishing
                                               Council’s proposed U.S. quotas for                                        index.html. Additionally, the proposed                            year indicates that the U.S. fishery
                                               eastern GB cod and GB yellowtail                                          2016 catch limit for GB yellowtail                                exceeded its quota for any of the shared
                                               flounder would be an 11-percent and 9-                                    flounder is discussed in more detail in                           stocks, we will reduce the respective
                                               percent increase, respectively,                                           section ‘‘4. Catch Limits for the 2016–                           U.S. quotas for the 2016 fishing year in
                                                                                                                         2018 Fishing Years.’’
                                               compared to 2015, which are a result of                                                                                                     a future management action, as close to
                                                                                                                            The regulations implementing the
                                               an increase in the amounts allocated to                                   U.S./Canada Resource Sharing                                      May 1, 2016, as possible. If any fishery



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                                                                              Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules                                                              15007

                                               that is allocated a portion of the U.S.                     fishing years based on the 2015                         yield). The OFL does not account for
                                               quota exceeds its allocation and causes                     operational assessment updates. In                      scientific uncertainty, so the SSC
                                               an overage of the overall U.S. quota, the                   addition, the Council proposes to                       typically recommends an ABC that is
                                               overage reduction would only be                             update the 2016 catch limits for GB cod                 lower than the OFL in order to account
                                               applied to that fishery’s allocation in the                 and haddock based on the proposed                       for this uncertainty. Usually, the greater
                                               following fishing year. This ensures that                   U.S./Canada quotas for the portions of                  the amount of scientific uncertainty, the
                                               catch by one component of the fishery                       these stocks managed jointly with                       lower the ABC is set compared to the
                                               does not negatively affect another                          Canada. Catch limit increases are                       OFL. For GB cod, GB haddock, and GB
                                               component of the fishery.                                   proposed for 10 stocks; however, for a                  yellowtail flounder, the total ABC is
                                                                                                           number of stocks, the catch limits                      then reduced by the amount of the
                                               4. Catch Limits for the 2016–2018                           proposed in this action are substantially
                                               Fishing Years                                                                                                       Canadian quota (see Table 3 for the
                                                                                                           lower than the catch limits set for the                 Canadian share of these stocks).
                                               Summary of the Proposed Catch Limits                        2015 fishing year (with decreases                       Additionally, although GB winter
                                                                                                           ranging from 14 to 67 percent). Table 4                 flounder and Atlantic halibut are not
                                                 The catch limits proposed by the                          details the percent change in the 2016
                                               Council in this action can be found in                                                                              jointly managed with Canada, there is
                                                                                                           catch limit compared to the 2015 fishing
                                               Tables 4 through 11. A brief summary                                                                                some Canadian catch of these stocks.
                                                                                                           year.
                                               of how these catch limits were                                                                                      Because the total ABC must account for
                                               developed is provided below. More                           Overfishing Limits and Acceptable                       all sources of fishing mortality, expected
                                               details on the proposed catch limits for                    Biological Catches                                      Canadian catch of GB winter flounder
                                               each groundfish stock can be found in                         The overfishing limit (OFL) serves as                 (87 mt) and Atlantic halibut (34 mt) is
                                               Appendix III to the Framework 55                            the maximum amount of fish that can be                  deducted from the total ABC. The U.S.
                                               Environmental Assessment (see                               caught in a year without resulting in                   ABC is the amount available to the U.S.
                                               ADDRESSES for information on how to                         overfishing. The OFL for each stock is                  fishery after accounting for Canadian
                                               get this document).                                         calculated using the estimated stock size               catch. Additional details about the
                                                 Through Framework 55, the Council                         and FMSY (i.e., the fishing mortality rate              Council’s proposed ABCs for SNE/MA
                                               proposes to adopt catch limits for all 20                   that, if applied over the long term,                    yellowtail flounder and witch flounder
                                               groundfish stocks for the 2016–2018                         would result in maximum sustainable                     are provided below.

                                                       TABLE 4—PROPOSED FISHING YEARS 2016–2018 OVERFISHING LIMITS AND ACCEPTABLE BIOLOGICAL CATCHES
                                                                                                                              [mt, live weight]

                                                                                                 2016                       Percent                         2017                                       2018
                                                            Stock                                                         change from
                                                                                         OFL            U.S. ABC             2015                    OFL           U.S. ABC                OFL                    U.S. ABC

                                               GB Cod ........................              1,665                   762             -62%                1,665           1,249                     1,665                      1,249
                                               GOM Cod .....................                  667                   500              30%                  667             500                        667                        500
                                               GB Haddock .................               160,385                56,068             130%              258,691          48,398                 358,077                      77,898
                                               GOM Haddock .............                    4,717                 3,630             150%                5,873           4,534                     6,218                      4,815
                                               GB Yellowtail Flounder                    Unknown                    269               8%             Unknown              354      ........................   ........................
                                               SNE/MA Yellowtail
                                                 Flounder ...................            Unknown                   267              -62%             Unknown                267             Unknown                            267
                                               CC/GOM Yellowtail
                                                 Flounder ...................                 555                   427             -22%                  707                427                   900                        427
                                               American Plaice ...........                  1,695                 1,297             -16%                1,748              1,336                 1,840                      1,404
                                               Witch Flounder .............                   521                   460             -41%                  732                460                   954                        460
                                               GB Winter Flounder .....                       957                   668             -67%                1,056                668                 1,459                        668
                                               GOM Winter Flounder ..                       1,080                   810              59%                1,080                810                 1,080                        810
                                               SNE/MA Winter Floun-
                                                 der ............................           1,041                   780             -53%                1,021             780                   1,587                        780
                                               Redfish .........................           13,723                10,338             -14%               14,665          11,050                  15,260                     11,501
                                               White Hake ..................                4,985                 3,754             -20%                4,816           3,624                   4,733                      3,560
                                               Pollock ..........................          27,668                21,312              28%               32,004          21,312                  34,745                     21,312
                                               N. Windowpane Floun-
                                                 der ............................              243                 182               21%                   243              182                     243                        182
                                               S. Windowpane Floun-
                                                 der ............................              833                 623               14%                   833              623                     833                        623
                                               Ocean Pout ..................                   220                 165              -30%                   220              165                     220                        165
                                               Atlantic Halibut .............                  210                 124               24%                   210              124                     210                        124
                                               Atlantic Wolffish ...........                   110                  82               17%                   110               82                     110                         82
                                                  SNE/MA = Southern New England/Mid-Atlantic; CC = Cape Cod; N = Northern; S = Southern.
                                                  Note: An empty cell indicates no OFL/ABC is adopted for that year. These catch limits will be set in a future action.
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                                               Southern New England/Mid-Atlantic                           benchmark assessment (available at:                     overfished and that overfishing is
                                               Yellowtail Flounder                                         http://www.nefsc.noaa.gov/saw/). Based                  occurring. There was also a major
                                                                                                           on the results of the 2012 assessment,                  retrospective pattern in the 2015
                                                  The 2015 operational assessment                          we declared the stock rebuilt. However,                 operational assessment. In advance of
                                               results suggest a dramatic decline in                       the results of the 2015 operational                     the operational assessments, guidelines
                                               condition of the SNE/MA yellowtail                          assessments suggest that the stock is                   were defined for the assessments, one of
                                               flounder stock compared to the 2012


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                                               15008                   Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules

                                               which required the application of an                       The SSC initially recommended a                    conditions, and that they do not reflect
                                               adjustment to the terminal year biomass                 witch flounder OFL of 513 mt, and an                  the impact of a reduced witch flounder
                                               in assessments with major retrospective                 ABC of 394 mt, based on 75 percent of                 ABC on individual sectors.
                                               patterns. However, for SNE/MA                           FMSY. At its December 2015 meeting, the                  The SSC noted that it is possible that
                                               yellowtail flounder, the assessment peer                Council recommended the SSC’s initial                 a lower ABC for witch flounder could
                                               review panel did not accept the                         witch flounder OFL and ABC                            show economic benefits at the fishery-
                                               retrospective adjustment because the                    recommendations. The 394-mt ABC                       wide level, but could still impose
                                               adjustment led to failures in the short-                represented a 50-percent decrease from                economic costs at the vessel or
                                               term catch projections, and because the                 the 2015 ABC. Industry members raised                 community level. After weighing the
                                               model had no other apparent issues.                     strong concern for the poor performance               uncertainties in the biological and
                                               The peer review panel ultimately                        of the assessment model and that the                  economic information, the SSC
                                               accepted the assessment without the                     reduction in the witch flounder ABC                   ultimately recommended that that the
                                               retrospective adjustment.                               has the potential to severely limit the               Council set the ABC no higher than 500
                                                  The SSC recognized that the stock is                 groundfish fishery in all areas (Southern             mt. The SSC’s discussion of its revised
                                               in poor condition, and that a substantial               New England, Gulf of Maine, and                       witch flounder ABC recommendation is
                                               reduction in catch is necessary. The SSC                Georges Bank). In response to these                   available here: http://
                                               expressed concerned that the                            concerns, the Council requested that the              s3.amazonaws.com/nefmc.org/1_SSC_
                                               assessment for SNE/MA yellowtail                        SSC reconsider the witch flounder ABC                 response_witchflounder_Jan2016_
                                               flounder did not follow the established                 using additional information about                    FINAL.pdf.
                                               guidelines and discussed whether it                     incidental, non-target catch of the stock                The Council discussed the SSC’s
                                               should not have passed peer review.                     by groundfish vessels that was not                    revised witch flounder ABC
                                               However, the SSC recognized that the                    available to the SSC when it made its                 recommendation on January 27, 2016,
                                               assessment guidelines did not address                   initial ABC recommendation. The                       and recommended a witch flounder
                                               cases where a retrospective adjustment                  Council noted that it would be willing                ABC of 460 mt, which is the midpoint
                                               resulted in model failure. Given this                   to accept the temporary risk associated               between the initial ABC
                                               scientific uncertainty, the SSC                         with an ABC that equals the OFL of 513                recommendation of 399 mt and the OFL
                                               concluded that the catch projections                    mt.                                                   of 521 mt, for the 2016–2018 fishing
                                               from the assessment should not be used                     The SSC met on January 20, 2016, to                years. This recommendation is 40 mt
                                               as the sole basis for catch advice. The                 review the biological and economic                    lower that the SSC’s upper limit for the
                                               SSC ultimately recommended a 3-year                     impacts of increasing the witch flounder              ABC, and was recommended by the
                                               constant ABC of 276 mt based on the                     ABC above its initial recommendation.                 Council to reduce the risk of overfishing
                                               average of the assessment catch                         The Groundfish Plan Development                       while providing some flexibility for
                                               projections and the estimate of 2015                    Team also updated the 2015 catch                      groundfish vessels to prosecute other
                                               catch, and recommended that the OFL                     estimate for witch flounder, which                    healthy groundfish stocks such as
                                               be specified as unknown. In support of                  slightly increased the OFL estimate to                haddock, redfish, and pollock.
                                               this recommendation, it noted that this                 521 mt, and the 75 percent of FMSY                       An important factor in the revised
                                               compromise approach uses the                            estimate to 399 mt.                                   ABC recommendation for witch
                                               assessment outcome as one bound for                        The SSC acknowledged that an ABC                   flounder ABC is that a benchmark
                                               ABC advice, but does not adhere too                     closer to the OFL would be expected to                assessment for witch flounder will be
                                               strongly to those outcomes in light of                  result in higher rates of fishing                     conducted in fall of 2016, in time to re-
                                               the substantial uncertainties and                       mortality, higher probabilities of                    specify witch flounder catch limits for
                                               procedural issues. The Council’s                        overfishing, and lower resulting biomass              the 2017 fishing year. This new stock
                                               proposed ABC is a 62-percent decrease                   in 2017 compared to its initial ABC                   assessment information is also expected
                                               from the 2015 ABC.                                      recommendation. The SSC also                          to provide additional information on the
                                                                                                       cautioned that a history of overly                    rebuilding potential for witch flounder
                                               Witch Flounder                                          optimistic biomass projections and the                and potential adjustments to the
                                                  The 2015 operational assessment                      risk of overestimating the OFL likely
                                               update for witch flounder determined                                                                          rebuilding plan. Thus, although the
                                                                                                       mean higher biological risks with higher
                                               that the stock is overfished, and                                                                             Council proposes a 3-year constant
                                                                                                       ABCs. Biomass projections out to 2018,
                                               overfishing is occurring. The stock                                                                           ABC, the catch limits adopted are
                                                                                                       however, suggest minimal biological
                                               status is unchanged from the 2012                                                                             expected to be in place for only 1 year.
                                                                                                       difference between the initial ABC
                                               assessment update and 2008 benchmark                    recommendation and the OFL because                    Annual Catch Limits
                                               assessment for this stock. Witch                        of the short timeframe and relatively
                                               flounder is under a 7-year rebuilding                                                                         Development of Annual Catch Limits
                                                                                                       small differences in the recommended
                                               plan that has a target end date of 2017.                catch amounts. In each instance,                         The U.S. ABC for each stock is
                                               Based on the 2015 assessment update,                    however, biomass is expected to                       divided among the various fishery
                                               the 2014 spawning stock biomass is at                   increase from the level estimated in the              components to account for all sources of
                                               only at 22 percent of the biomass target,               2015 assessment.                                      fishing mortality. First, an estimate of
                                               and the stock is not expected to reach                     An economic model of groundfish                    catch expected from state waters and the
                                               the 2017 rebuilding target even in the                  fishery suggested no overall increase in              ‘‘other’’ sub-component (i.e., non-
                                               absence of fishing mortality. An                        revenue with increases in the witch                   groundfish fisheries) is deducted from
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                                               important source of uncertainty for this                flounder ABC up to the OFL due to the                 the U.S. ABC. These sub-components
                                               assessment is a major retrospective                     likelihood that low quotas for other key              are not subject to specific catch controls
                                               pattern, which causes the model to                      stocks (GOM cod, GB cod, and SNE/MA                   by the FMP. As a result, the state waters
                                               underestimate fishing mortality and                     yellowtail flounder) would be more                    and other sub-components are not
                                               overestimate stock biomass and                          restrictive. Industry members disagreed               allocations, and these components of
                                               recruitment; the assessment was unable                  with the economic model results. They                 the fishery are not subject to
                                               to identify the cause of the retrospective              noted that the results are overly                     accountability measures if the catch
                                               pattern.                                                optimistic given current fishery                      limits are exceeded. After the state and


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                                                                       Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules                                              15009

                                               other sub-components are deducted, the                  sub-ACL, based on the total vessel                    over into the following fishing year.
                                               remaining portion of the U.S. ABC is                    enrollment in sectors and the                         Table 8 summarizes the common pool
                                               distributed to the fishery components                   cumulative Potential Sector                           trimester TACs proposed in this action.
                                               that receive an allocation for the stock.               Contributions (PSCs) associated with                     Incidental catch TACs are also
                                               Components of the fishery that receive                  those sectors. The preliminary sector                 specified for certain stocks of concern
                                               an allocation are subject to                            and common pool sub-ACLs proposed                     (i.e., stocks that are overfished or subject
                                               accountability measures if they exceed                  in this action are based on fishing year              to overfishing) for common pool vessels
                                               their respective catch limit during the                 2016 PSCs and fishing year 2015 sector                fishing in the special management
                                               fishing year.                                           rosters. Sector specific allocations for              programs (i.e., special access programs
                                                  Once the U.S. ABC is divided, sub-                   each stock can be found in this rule in               (SAPs) and the Regular B Days-at-Sea
                                               annual catch limits (sub-ACLs) are set                  section ‘‘8. Sector Administrative                    (DAS) Program), in order to limit the
                                               by reducing the amount of the ABC                       Measures.’’                                           catch of these stocks under each
                                               distributed to each component of the                                                                          program. Tables 9 through 11
                                                                                                       Common Pool Total Allowable Catches
                                               fishery to account for management                                                                             summarize the proposed Incidental
                                               uncertainty. Management uncertainty is                     The common pool sub-ACL for each                   Catch TACs for each stock and the
                                               the likelihood that management                          stock (except for SNE/MA winter                       distribution of these TACs to each
                                               measures will result in a level of catch                flounder, windowpane flounder, ocean                  special management program.
                                               greater than expected. For each stock                   pout, Atlantic wolffish, and Atlantic
                                                                                                       halibut) is further divided into trimester            Closed Area I Hook Gear Haddock
                                               and fishery component, management
                                                                                                       total allowable catches (TACs). The                   Special Access Program
                                               uncertainty is estimated using the
                                               following criteria: Enforceability and                  distribution of the common pool sub-                     Overall fishing effort by both common
                                               precision of management measures,                       ACLs into trimesters was adopted in                   pool and sector vessels in the Closed
                                               adequacy of catch monitoring, latent                    Amendment 16 to the FMP and is based                  Area I Hook Gear Haddock SAP is
                                               effort, and catch of groundfish in non-                 on recent landing patterns. Once we                   controlled by an overall TAC for GB
                                               groundfish fisheries. The total ACL is                  project that 90 percent of the trimester              haddock, which is the target species for
                                               the sum of all of the sub-ACLs and ACL                  TAC is caught for a stock, the trimester              this SAP. The maximum amount of GB
                                               sub-components, and is the catch limit                  TAC area for that stock is closed for the             haddock that may be caught in any
                                               for a particular year after accounting for              remainder of the trimester to all                     fishing year is based on the amount
                                               both scientific and management                          common pool vessels fishing with gear                 allocated to this SAP for the 2004
                                               uncertainty. Landings and discards from                 capable of catching the pertinent stock.              fishing year (1,130 mt), and adjusted
                                               all fisheries (commercial and                           Any uncaught portion of the TAC in                    according to the growth or decline of the
                                               recreational groundfish fisheries, state                Trimester 1 or Trimester 2 will be                    western GB haddock biomass in
                                               waters, and non-groundfish fisheries)                   carried forward to the next trimester.                relationship to its size in 2004. Based on
                                               are counted against the ACL for each                    Overages of the Trimester 1 or Trimester              this formula, the Council’s proposed GB
                                               stock.                                                  2 TAC will be deducted from the                       Haddock TAC for this SAP is 2,448 mt
                                                                                                       Trimester 3 TAC. Any overages of the                  for the 2015 fishing year. Once this
                                               Sector and Common Pool Allocations                      total common pool sub-ACL will be                     overall TAC is caught, the Closed Area
                                                 For stocks allocated to sectors, the                  deducted from the following fishing                   I Hook Gear Haddock SAP will be
                                               commercial groundfish sub-ACL is                        year’s common pool sub-ACL for that                   closed to all groundfish vessels for the
                                               further divided into the non-sector                     stock. Uncaught portions of the                       remainder of the fishing year.
                                               (common pool) sub-ACL and the sector                    Trimester 3 TAC may not be carried                    BILLING CODE 3510–22–P
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                                                                                                                                                                      OIOST
                              Table 5. Proposed Catch Limits for the 2016 Fishing Year (mt, live weight)




                                                                                                                                                      samy pasodoId/910Z ‘IZ YJE ‘Aepuopy/tg ‘ON ‘I€ ‘1OA /4ajstSay pe1apaq
                     Total         Total     Preliminary   Preltminary   Recreational   Midwater   Scallop    Small—Mesh   State Waters     Other
          Stock      ACL        Groundfish      Sector      Common         Fishe          Trawl    Fishe       Fisheries       sub—          sub—
                                  Fishery                     Pool               TY      Fishery         TY                 component     component

GB Cod                730          608          3595           13                                                              23            99
GOM Cod               473          437          273             8            157                                               27            10
GB Haddock           53,309      51,667        51,209         458                         521                                  561           561
GOM Haddock          3,430        3,344        2,385           31            928          34                                   26            26

GB Yellowtail
Flounder
                      261          211          207             4                                    42           5            NA             3
SNE/MA Yellowtail
Flounder
                      )54          182           145           37                                    39                         5            29
CC/GOM Yellowtail
Flounder
                      qqo          341          325            16                                                              43            26
American Plaice      1,235        1,183         1,160          23                                                              26            26
Witch Flounder        441          370          361             8                                                              12            59
GB Winter Flounder    650          590          584             6                                                              NA            60

GOM Winter
Flounder
                      776          639          604            35                                                              122           16
SNE/MA Winter
Flounder
                      749          585          514            71                                                              70            94
Redfish              9,837        9,526        9,471           55                                                              103           207
White Hake           3,572        3,459        3,434           25                                                              38            75
Pollock              20,374       17,817       17,705          112                                                            1,279         1,279

N. Windowpane
Flounder
                      177          66            na            66                                                               2            109
S. Windowpane
Flounder
                      599          104           na            104                                  209                        37           249
Ocean Pout            155          137           na            137                                                              2            17
Atlantic Halibut      119          91            na            91                                                              25             4
Atlantic Wolffish     77           72            na            72                                                               1             3


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                                                                                                                                                                              Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules
                                                           Total                    Preliminary                  Midwater                          State Waters     Other
                                                Total                 Preliminary                 Recreational              Scallop   Small-Mesh
                                      Stock              Groundfish                  Common                       Trawl                                sub-          sub-
                                                ACL                     Sector                      Fishery                 Fishery    Fisheries
                                                          Fishery                      Pool                      Fishery                            component     component
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                           GBCod                 1,197      608          975            22                                                             37            162
                           GOMCod                 473       437          273             8            157                                              27             10
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                           GB Haddock           46,017    44,599        44,204         395                         450                                 484           484
                           GOMHaddock            4,285     4,177        2,979           39           1,160          42                                 33            33
                           GB Yellowtail
                                                 343        278          273             5                                    55          7            NA            4
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                           Flounder
                           SNE/MA Yellowtail
                                                 255        187          145            37                                    39                        5            29
                           Flounder
                           CC/GOM Yellowtail
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                                                 409        341          325            16                                                             43            26
                           Flounder
                           American Plaice      1,272      I ,218        1,195          23                                                             27            27
                           Witch Flounder        441        370           361            8                                                             12            59
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                           GB Winter Flounder    650        590           584            6                                                             NA            60
                           GOMWinter
                                                 776        639          604            35                                                             122           16
                           Flounder
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                           SNE/MA Winter
                                                 749        585          514            71                                                             70            94
                           Flounder
                           Redfish              10,514     10,183       10,124         59                                                              Ill           221
                           White Hake           3,448      3,340        3,315          24                                                              36             72
                           Pollock              20,374     17,817       17,705         112                                                            1,279         1,279
                           N. Windowpane
                                                 177        66            na            66                                                              2            109
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                           Flounder
                           S Windowpane
                                                 599        104           na           104                                   209                       37           249
                           Flounder
                           Ocean Pout            155        137           na           137                                                              2            17
                           Atlantic Halibut      119        91            na           91                                                              25            4
                           Atlantic Wolffish     77         72            na           72                                                               1            3




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                                                           Total                    Preliminary                  Midwater                          State Waters     Other
                                                Total                 Preliminary                 Recreational              Scallop   Small-Mesh
                                      Stock              Groundfish                  Common                       Trawl                                sub-          sub-
                                                ACL                     Sector                      Fishery                 Fishery    Fisheries
                                                          Fishery                      Pool                      Fishery                            component     component
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                           GBCod                 1,197      608          975           22                                                              37            162
                           GOMCod                 473       437          273            8             157                                              27             10
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                           GB Haddock           74,065    71,783        71,147         636                         724                                 779           779
                           GOMHaddock           4,550      4,436        3,163          39            1,231          45                                 35            35
                           GB Yellowtail
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                           Flounder
                           SNE/MA Yellowtail
                                                 255        179          142            37                                    38                        5            29
                           Flounder
                           CC/GOM Yellowtail
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                                                 409        341          325            16                                                             43            26
                           Flounder
                           American Plaice      1,337      1,280         1,256          24                                                             28            28
                           Witch Flounder        441        370           361            8                                                             12            59
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                           GB Winter Flounder    650        590           584            6                                                             NA            60
                           GOMWinter
                                                 776        639          604            35                                                             122           16
                           Flounder
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                           SNE/MA Winter
                                                 749        585          514            71                                                             70            94
                           Flounder
                           Redfish              10,943     10,598       10,537         61                                                              115           230
                           White Hake           3,387      3,281        3,257          24                                                              36             71
                           Pollock              20,374     17,817       17,705         112                                                            1,279         1,279
                           N. Windowpane
                                                 177        66            na            66                                                              2            109
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                           Flounder
                           S Windowpane
                                                 599        104           na           104                                   209                       37           249
                           Flounder
                           Ocean Pout            155        137           na           137                                                              2            17
                           Atlantic Halibut      119        91            na           91                                                              25            4
                           Atlantic Wolffish     77         72            na           72                                                               1            3




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                                                                                                                                                                                           Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules
                                                                                          2016                                2017                                   2018
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                                                           Stock            Trimester Trimester Trimester Trimester Trimester Trimester Trimester Trimester Trimester
                                                                                1           2           3           1           2              3            1          2            3
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                                                  GB Cod                    3.3          4.9          5.0          5.4         8.0            8.2          5.4        8.0          8.2
                                                  GOMCod                    2.1          2.7          2.8          2.1         2.7            2.8         2.1         2.7          2.8
                                                  GB Haddock               123.5        151.0        183.0       106.6        130.3          158.0       171.6       209.8        254.3
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                                                  GOMHaddock                8.4          8.1          14.6        10.5        10.1            18.2        11.1        10.7         19.3
                                                  GB Yellowtail Flounder    0.8           1.2         2.1          1.0         1.6            2.8
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                                                  SNE/MA Yellowtail
                                                                            8.2          14.4         16.4         8.1        14.3           16.2         8.0         14.1        16.0
                                                  Flounder
                                                  CC/GOM Yellowtail
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                                                                            5.5          5.5          4.7          5.5         5.5           4.7          5.5          5.5         4.7
                                                  Flounder
                                                  American Plaice           5.4          8.1          9.1          5.6         8.4            9.3         5.9          8.8         9.8
E:\FR\FM\21MRP1.SGM




                                                  Witch Flounder            2.3          2.6          3.6          2.3         2.6            3.6         2.3          2.6         3.6
                                                  GB Winter Flounder        0.5           1.4         3.9          0.5         1.4            3.9         0.5          1.4         3.9
                                                  GOM Winter Flounder       12.8         13.2         8.7         12.8        13.2            8.7        12.8         13.2         8.7
                                                  Redfish                   13.7         17.0        24.2         14.7        18.2           25.9        15.3         19.0        26.9
                                                  White Hake                9.5          7.8          7.8          9.2         7.5            7.5         9.0          7.4         7.4
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                                                  Pollock                  31.4         39.3         41.5         31.4        39.3           41.5        31.4         39.3        41.5
                                                              Note. An empty cell indicates that no catch limit has been set yet for these   stocks. These catch limits will be set in a
                                               future management action.




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                                               15014                            Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules

                                                                 TABLE 9—PROPOSED COMMON POOL INCIDENTAL CATCH TACS FOR THE 2016–2018 FISHING YEARS
                                                                                                                                                  [mt, live weight]

                                                                                                                                                                       Percentage of
                                                                                                    Stock                                                              common pool                   2016                   2017                        2018
                                                                                                                                                                         sub-ACL

                                               GB Cod ............................................................................................................                          2                0.26                    0.43                        0.43
                                               GOM Cod .........................................................................................................                            1                0.08                    0.08                        0.08
                                               GB Yellowtail Flounder ....................................................................................                                  2                0.08                    0.11                        0.00
                                               CC/GOM Yellowtail Flounder ..........................................................................                                        1                0.16                    0.16                        0.16
                                               American Plaice ...............................................................................................                              5                1.13                    1.17                        1.22
                                               Witch Flounder .................................................................................................                             5                0.42                    0.42                        0.42
                                               SNE/MA Winter Flounder ................................................................................                                      1                0.71                    0.71                        0.71


                                                       TABLE 10—PERCENTAGE OF INCIDENTAL CATCH TACS DISTRIBUTED TO EACH SPECIAL MANAGEMENT PROGRAM
                                                                                                                                                                                                                      Closed Area I               Eastern US/
                                                                                                                                                                                                   Regular B
                                                                                                                  Stock                                                                                                Hook Gear                  CA Haddock
                                                                                                                                                                                                  DAS Program         Haddock SAP                    SAP

                                               GB Cod ........................................................................................................................................                50                         16                          34
                                               GOM Cod .....................................................................................................................................                 100     ........................    ........................
                                               GB Yellowtail Flounder ................................................................................................................                        50     ........................                        50
                                               CC/GOM Yellowtail Flounder ......................................................................................................                             100     ........................    ........................
                                               American Plaice ...........................................................................................................................                   100     ........................    ........................
                                               Witch Flounder .............................................................................................................................                  100     ........................    ........................
                                               SNE/MA Winter Flounder ............................................................................................................                           100     ........................    ........................
                                               White Hake ..................................................................................................................................                 100     ........................    ........................


                                                       TABLE 11—PROPOSED FISHING YEARS 2016–2018 INCIDENTAL CATCH TACS FOR EACH SPECIAL MANAGEMENT
                                                                                                PROGRAM
                                                                                                                                                  [mt, live weight]

                                                                                                                                          Regular B DAS Program                        Closed Area I Hook Gear                  Eastern U.S./Canada
                                                                                                                                                                                            Haddock SAP                            Haddock SAP
                                                                                     Stock
                                                                                                                                          2016            2017           2018           2016        2017       2018           2016              2017          2018

                                               GB Cod ............................................................................           0.13           0.22            0.22           0.04       0.07          0.07          0.09            0.15            0.15
                                               GOM Cod .........................................................................             0.08           0.08            0.08            n/a        n/a           n/a           n/a             n/a             n/a
                                               GB Yellowtail Flounder ....................................................                   0.04           0.05            0.00            n/a        n/a           n/a          0.04            0.05            0.00
                                               CC/GOM Yellowtail Flounder ...........................................                        0.16           0.16            0.16            n/a        n/a           n/a           n/a             n/a             n/a
                                               American Plaice ...............................................................               1.13           1.17            1.22            n/a        n/a           n/a           n/a             n/a             n/a
                                               Witch Flounder .................................................................              0.42           0.42            0.42            n/a        n/a           n/a           n/a             n/a             n/a
                                               SNE/MA Winter Flounder .................................................                      0.71           0.71            0.71            n/a        n/a           n/a           n/a             n/a             n/a



                                               5. Default Catch Limits for the 2019                                       Council’s recommendation for the                                         become effective May 1, 2019, until July
                                               Fishing Year                                                               upcoming fishing year. Because                                           31, 2019, unless otherwise replaced by
                                                  Framework 53 established a                                              groundfish vessels are not able to fish if                               final specifications. The preliminary
                                               mechanism for setting default catch                                        final catch limits have not been                                         sector and common pool sub-ACLs in
                                               limits in the event a future management                                    implemented, this measure was                                            Table 12 are based on existing 2015
                                               action is delayed. If final catch limits                                   established to prevent disruption to the                                 sector rosters, and will be adjusted
                                               have not been implemented by the start                                     groundfish fishery. Additional                                           based on rosters from the 2018 fishing
                                               of a fishing year on May 1, then default                                   description of the default catch limit                                   year. In addition, prior to the start of the
                                               catch limits are set at 35 percent of the                                  mechanism is provided in the preamble                                    2019 fishing year, we will evaluate
                                               previous year’s catch limit, effective                                     to the Framework 53 final rule (80 FR                                    whether any of the default catch limits
                                               until July 31 of that fishing year. If this                                25110; May 1, 2015). The default catch                                   announced in this rule exceed the
                                               value exceeds the Council’s                                                limits for 2019 are summarized in Table                                  Council’s recommendations for 2019. If
                                               recommendation for the upcoming                                            12.
                                                                                                                                                                                                   necessary, we will announce
                                               fishing year, the default catch limits will                                   This rule announces default catch                                     adjustments prior to May 1, 2019.
                                               be reduced to an amount equal to the                                       limits for the 2019 fishing year that will
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                                                                                Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules                                                                 15015

                                                                                               TABLE 12—DEFAULT SPECIFICATIONS FOR THE 2019 FISHING YEAR
                                                                                                                                             [mt, live weight]

                                                                                                                                                                                Preliminary          Preliminary
                                                                                                                                                                 Groundfish                                        Midwater trawl
                                                                         Stock                                      U.S. ABC                Total ACL                             sector            common pool
                                                                                                                                                                  sub-ACL                                             fishery
                                                                                                                                                                                 sub-ACL              sub-ACL

                                               GB Cod ....................................................                        583               437                  465                455               10   ........................
                                               GOM Cod .................................................                          233               175                  204                127                4   ........................
                                               GB Haddock .............................................                    125,327               27,264                5,007              4,963               44                       51
                                               GOM Haddock .........................................                           2,176              1,685                1,552              1,107               14                       16
                                               SNE/MA Yellowtail Flounder ....................                  ........................             93                   66                 52               14   ........................
                                               CC/GOM Yellowtail Flounder ...................                                     315               149                  119                113                5   ........................
                                               American Plaice .......................................                            644               491                  448                439                9   ........................
                                               Witch Flounder .........................................                           334               161                  129                126                3   ........................
                                               GB Winter Flounder .................................                               511               264                  233                231                2   ........................
                                               GOM Winter Flounder ..............................                                 378               284                  224                212               12   ........................
                                               SNE/MA Winter Flounder ........................                                    555               273                  205                180               25   ........................
                                               Redfish .....................................................                   5,341              4,025                3,709              3,688               21   ........................
                                               White Hake ..............................................                       1,657              1,268                1,168              1,160                8   ........................
                                               Pollock ......................................................                12,161               7,459                6,236              6,196               39   ........................
                                               N. Windowpane Flounder ........................                                      85               64                   64                 na               64   ........................
                                               S. Windowpane Flounder ........................                                    292               218                  218                 na              218   ........................
                                               Ocean Pout ..............................................                            77               58                   58                 na               58   ........................
                                               Atlantic Halibut .........................................                           74               55                   55                 na               55   ........................
                                               Atlantic Wolffish .......................................                            39               29                   29                 na               29   ........................



                                               6. Groundfish At-Sea Monitoring                                          ASM program, the current methods for                     established in Framework 48 include
                                               Program Adjustments                                                      deriving annual ASM coverage levels,                     that groundfish sector monitoring
                                                  In this action, the Council proposes                                  and the Council’s proposed adjustments                   programs improve documentation of
                                               adjustments to the groundfish sector at-                                 to the ASM program.                                      catch, determine total catch and effort of
                                               sea monitoring (ASM) program to make                                                                                              regulated species, and achieve a
                                                                                                                        Description of Existing Industry-Funded
                                               it more cost effective, while still                                                                                               coverage level sufficient to minimize
                                                                                                                        ASM Program
                                               ensuring the likelihood that discards for                                                                                         effects of potential monitoring bias to
                                               all groundfish stocks are monitored at a                                    Amendment 16 to the Northeast                         the extent possible, while enhancing
                                               30-percent coefficient of variation (CV).                                Multispecies FMP (75 FR 18261; April                     fleet viability. Sector monitoring
                                               Due to changes in the 2015 revision to                                   9, 2010) established industry-funded at-                 programs should also reduce the cost of
                                               the Standardized Bycatch Reporting                                       sea monitoring requirements within the                   monitoring, streamline data
                                               Methodology (SBRM) Amendment (80                                         sector management system to facilitate                   management and eliminate redundancy,
                                               FR 37182; June 30, 2015) that limit                                      accurate monitoring of sector catch to                   explore options for cost-sharing, all
                                               agency discretion in how Congressional                                   ensure that sector allocations would not                 while recognizing the opportunity costs
                                               funding is used to provide observer                                      be exceeded. Amendment 16 stated that                    of insufficient monitoring. Other goals
                                               coverage, we are no longer able to cover                                 the level of ASM coverage should be                      and objectives include incentivizing
                                               industry’s portion of ASM costs. As a                                    less than 100 percent of sector trips, but               reducing discards, providing additional
                                               result, in early 2015, we announced that                                 meet the 30-percent CV standard                          data streams for stock assessments,
                                               sectors would be responsible for                                         specified in the SBRM Amendment.                         reducing management and/or biological
                                               covering ASM costs before the end of                                     While Amendment 16 established a                         uncertainty, and enhancing the safety of
                                               the 2015 calendar year. We had some                                      performance standard for coverage                        the monitoring program. The complete
                                               funding in existing contracts to cover                                   levels, it did not provide guidance on                   list of goals and objectives for
                                               ASM costs for a portion of the 2015                                      what level the CV standard should be                     groundfish monitoring programs is
                                               fishing year, which delayed the                                          applied—discard estimates at the stock                   specified in the NE multispecies
                                               operations of the industry-funded ASM                                    level for all sectors, or for each                       regulations at § 648.11(l) and in
                                               program until March 2016. The Council                                    combination of sector and stock.                         Framework 48.
                                               was concerned that the cost burden of                                    Framework 48 to the FMP (May 3, 2013;                       For the 2010 and 2011 fishing years,
                                               the ASM program to the fishing industry                                  78 FR 26118) clarified that the CV                       there was no requirement for an
                                               would reduce, and possibly eliminate,                                    standard was intended to apply to                        industry-funded ASM program, and we
                                               sector profitability for the remainder of                                discard estimates at the overall stock                   were able to fund an ASM program with
                                               the 2015 fishing year and in future                                      level for all sectors combined.                          a target ASM coverage level of 30
                                               fishing years, especially in light of                                       Amendment 16 did not detail explicit                  percent of all trips. In addition, we
                                               recent reductions in catch limits for                                    goals for sector monitoring beyond                       provided 8-percent observer coverage
                                               many key groundfish stocks. While the                                    accurate catch estimation, so the                        through the Northeast Fishery Observer
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                                               Council has expressed interest in                                        Council further articulated the goals and                Program (NEFOP), which helps to
                                               exploring extensive changes to the ASM                                   objectives of the sector monitoring                      support SBRM and stock assessments.
                                               program in a future action (i.e.,                                        program in Framework 48 in order to                      This resulted in an overall target
                                               adjusting the 30-percent CV                                              assist NMFS and the sectors in                           coverage level of 38 percent, between
                                               requirement), this action only includes                                  designing and evaluating proposals to                    ASM and NEFOP, for the 2010 and 2011
                                               minor modifications to the current ASM                                   satisfy monitoring requirements in                       fishing years. We were able to achieve
                                               program. The following section                                           sector operations plans. The ASM                         a 38-percent ASM coverage level for the
                                               describes the existing industry-funded                                   program goals and objectives                             2010 and 2011 fishing years because


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                                               15016                            Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules

                                               Congressional funding was appropriated                               percent CV for all stocks, and would                  industry’s portion of ASM costs and
                                               to support new catch share programs,                                 reliably estimate overall catch by sector             NEFOP coverage during the 2012 to
                                               which included the implementation of                                 vessels. Industry has been required to                2014 fishing years. Table 13 shows
                                               the sector program. Beginning in the                                 pay for their costs of ASM coverage                   annual target coverage levels for the
                                               2012 fishing year, we have conducted                                 since the 2012 fishing year, while we                 2010 to 2015 fishing years.
                                               an annual analysis to predict the total                              continued to fund NEFOP coverage.
                                               coverage that would likely reach a 30-                               However, we were able to fully fund the

                                                                                         TABLE 13—HISTORIC TARGET COVERAGE LEVEL FOR AT-SEA MONITORING
                                                                                                                                             NEFOP
                                                                                                 Total coverage      ASM coverage           coverage
                                                           Fishing year                               level             level                                                      Funding source
                                                                                                                                              level
                                                                                                       (%)               (%)                   (%)

                                               2010   ........................................                 38                    30                 8    NMFS.
                                               2011   ........................................                 38                    30                 8    NMFS.
                                               2012   ........................................                 25                    17                 8    NMFS.
                                               2013   ........................................                 22                    14                 8    NMFS.
                                               2014   ........................................                 26                    18                 8    NMFS.
                                               2015   ........................................                 24                    20                 4    NMFS and Sectors.



                                               Historic Determination of ASM                                           Finally, in the first year that the sector         seeking comment on our preliminarily
                                               Coverage Level                                                       program was implemented, we were                      determination that the adjustments the
                                                                                                                    able to fund ASM coverage at a level                  Council proposed to the ASM program
                                                  As described in further detail below,                             that reached this precision standard for              are consistent with the Northeast
                                               the target coverage level sufficient to                              80 percent of the discarded pounds. In                Multispecies FMP and Amendment 16,
                                               reach a 30-percent CV for all stocks in                              each subsequent year, because Congress                the Magnuson-Stevens Act and its
                                               the fishery has been set using the most                              appropriated funds to pay for industry’s              National Standards, and other
                                               recent full fishing year of data, based on                           ASM costs, we sought to maintain the                  applicable law.
                                               the most sensitive stock, for at least 80                            same statistical quality achieved in the                 None of the proposed adjustments
                                               percent of the discarded pounds of all                               2010 fishing year by ensuring that at                 remove our obligation under
                                               groundfish stocks.                                                   least 80 percent of the discarded pounds              Amendment 16 and Framework 48 to
                                                  First, target coverage levels have been                           of all groundfish stocks were estimated               ensure sufficient ASM coverage to
                                               determined based on discard                                          at a 30-percent CV or better. In some                 achieve a 30-percent CV for all stocks.
                                               information from the most recent single                              years, applying this standard has                     The proposed changes would result in
                                               full fishing year. For example, discard                              resulted in higher coverage levels than               a target coverage level of 14 percent for
                                               information was available only from the                              if the standard were not applied. For                 the 2016 fishing year, including SBRM
                                               full 2013 fishing year to determine the                              example, the application of this                      coverage paid in full by NEFOP.
                                               target coverage level for the 2015 fishing                           standard increased the required ASM                   Assuming NEFOP covers 4 percent of
                                               year. In the initial years of the ASM                                coverage levels from 22 percent to 26                 trips as it has in recent years, this would
                                                                                                                    percent for the 2014 fishing year, and                result in sectors paying for ASM on
                                               program, multiple years of data were not
                                                                                                                    from 21 percent to 24 percent in the                  approximately 10 percent of their
                                               available, and the most recent full
                                                                                                                    2015 fishing year.                                    vessels’ trips in 2016. Though the
                                               fishing year was determined to be the
                                                                                                                                                                          proposed changes result in a reduced
                                               best available information to predict                                Proposed ASM Program Adjustments                      target ASM coverage level for the 2016
                                               target coverage levels.                                                Through this action, the Council                    fishing year compared to previous years,
                                                  Second, because it is necessary to                                proposes to modify the method used to                 there is no guarantee that the changes
                                               estimate discards with a 30-percent CV                               set the target coverage level for the                 would result in reduced target coverage
                                               for each of the 20 groundfish stocks, we                             industry-funded ASM program based on                  levels in future fishing years (i.e., using
                                               conservatively used the individual stock                             5 years of experience with ASM                        the same methods proposed here could
                                               that needed the highest coverage level to                            coverage operations for groundfish                    result in higher coverage in 2017 or
                                               reach a 30-percent CV in the most recent                             sectors and evaluation of the                         2018 than in recent years).
                                               full fishing year to predict the annual                              accumulated discard data. The Council                    We are only able to determine
                                               target coverage level for the upcoming                               proposed these adjustments to make the                whether the target coverage level
                                               fishing year. For example, in 2013, of                               program more cost effective and smooth                reaches the 30-percent CV for all stocks
                                               the 20 groundfish stocks, SNE/MA                                     the fluctuations in the annual coverage               in hindsight, after a fishing year is over.
                                               yellowtail flounder needed the highest                               level to provide additional stability for             Thus, while a target ASM coverage level
                                               coverage level to reach a 30-percent CV.                             the fishing industry, while still                     is expected to generate a 30-percent CV
                                               Thus, the coverage level needed to reach                             providing coverage levels sufficient to               on discard estimates, there is no
                                               a 30-percent CV for SNE/MA yellowtail                                meet the 30-percent CV requirement.                   guarantee that the required coverage
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                                               flounder in 2013 was used to predict the                             The changes proposed in this action                   level will be met or result in a 30-
                                               ASM coverage level for the 2015 fishing                              would remove ASM coverage for a                       percent CV across all stocks due to
                                               year. Since the start of the ASM program                             certain subset of sector trips, use more              changes in fishing effort and observed
                                               in 2010, this approach has resulted in                               years of discard information to predict               fishing activity that may happen in a
                                               realized annual ASM coverage levels                                  ASM coverage levels, and base the target              given fishing year. However, during the
                                               that far exceeded the 30-percent CV                                  coverage level on the predictions for                 2010–2014 fishing years, the target
                                               requirement for a vast majority of the 20                            stocks that would be at a higher risk for             coverage level was in excess of the
                                               groundfish stocks.                                                   an error in the discard estimate. We are              coverage level that would have been


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                                                                                 Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules                                                                              15017

                                               necessary to reach at least a 30-percent                                   of the 2016 target coverage rate to 2010–                                   discards. Redfish and GOM winter
                                               CV for almost every stock.                                                 2014 data, however, showed that stocks                                      flounder were underutilized over the
                                                 We expect the 2016 target coverage                                       not achieving the 30-percent CV                                             last three fishing years (less than 50
                                               level to achieve results consistent with                                   typically did not recur. Moreover, the                                      percent of the ACL caught) and less than
                                               prior years based on applying the                                          only stock that would not have achieved                                     10 percent of their total catch was made
                                               proposed 2016 target coverage level to                                     a 30-percent CV for more than one of the                                    up of discards. Thus, even in the
                                               the 2010–2014 fishing year data. For                                       five years (2 times) was SNE/MA                                             unexpected event of not achieving a CV
                                               example, over the five years from 2010–                                    yellowtail flounder. However, the                                           of 30 percent, the risk to these stocks of
                                               2014, coverage levels of 14 percent                                        proposed 14 percent coverage rate is                                        erring in the discard estimates is very
                                               would have achieved a 30-percent CV or                                     projected to achieve the necessary 30-
                                                                                                                                                                                                      low.
                                               better for 95 out of the 100 monitored                                     percent CV requirement for SNE/MA
                                               stocks (i.e., 20 stocks x 5 years). For two                                yellowtail flounder in 2016. Were a                                            Table 14 describes the combined
                                               of the years, (2010 and 2012), all of the                                  higher coverage level necessary to                                          impact of the proposed adjustments,
                                               stocks would have achieved a 30-                                           achieve the 30-percent CV requirement                                       applied sequentially in Steps 1 through
                                               percent CV or better. The lowest 30-                                       for this stock, coverage would be set                                       4. Table 14 also lists the individual
                                               percent CV achievement overall would                                       equal to that level.                                                        stock that would have needed the
                                               have occurred in fishing year 2014,                                           Further, the risk of not achieving the                                   highest coverage level to reach a 30-
                                               when 17 of the 20 groundfish stocks                                        required CV level for these stocks is                                       percent CV and, in turn, be used to set
                                               would have met the 30-percent CV                                           mitigated by a number of factors. For                                       the target ASM coverage level. The text
                                               under the 2016 target coverage level.                                      example, for SNE/MA yellowtail                                              that follows discusses the potential
                                               The three stocks that would not have                                       flounder, a more sizeable portion of its                                    effects of each alternative on the target
                                               achieved the 30-percent CV included                                        ACL has been caught over the last three                                     ASM coverage level for 2016 if each
                                               redfish, GOM winter flounder, and SNE/                                     years (58–70 percent), but less than 10                                     alternative were adopted in isolation.
                                               MA yellowtail flounder. Our application                                    percent of total catch was made up of

                                                                 TABLE 14—PROPOSED ASM PROGRAM ADJUSTMENTS AND RESULTING 2016 ASM COVERAGE LEVEL
                                                                                                                                                                                                              Total 2016 cov-
                                                                                                                                                                                                                erage level
                                                                                                               Proposed action                                                                                                     Driving stock
                                                                                                                                                                                                             (NEFOP + ASM)
                                                                                                                                                                                                                    (%)

                                               No Action .................................................................................................................................................                 41   Redfish.
                                               1. Remove standard that 80% of discarded pounds be monitored at a 30% CV (administrative) ........                                                                          37   Redfish.
                                               2. Remove ASM coverage requirement for extra-large mesh gillnet trips .............................................                                                         37   Redfish.
                                               3. Use multiple years of information to determine ASM coverage levels ...............................................                                                       17   Redfish.
                                               4. Filter the application of the 30% CV standard based on stock status and utilization ........................                                                             14   SNE/MA yellowtail
                                                                                                                                                                                                                                  flounder.



                                               Removal of Standard That 80 Percent of                                     administrative standard of monitoring                                       subject to SBRM coverage through
                                               Discarded Pounds Be Monitored at a 30-                                     80 percent of discard pounds at a 30-                                       NEFOP, and monitoring coverage levels
                                               Percent CV                                                                 percent CV or better. If implemented                                        would be consistent with non-sector
                                                                                                                          alone, removing this administrative                                         trips that target non-groundfish species.
                                                 As discussed above, from 2012 to                                         standard would result in a target 2016                                      If implemented alone, this alternative
                                               2015, we set coverage levels to ensure                                     ASM coverage level of 37 percent.                                           would result in a target ASM coverage
                                               that at least 80 percent of the discarded                                                                                                              level of 37 percent for the 2016 fishing
                                               pounds of all groundfish stocks were                                       Removing ASM Coverage Requirement
                                                                                                                                                                                                      year.
                                               estimated at a 30-percent CV or better to                                  for Extra-Large Mesh Gillnet Trips                                             This measure is intended to reduce
                                               maintain the same statistical quality                                        Currently, sector monitoring                                              ASM costs to sectors with members that
                                               achieved in the 2010 fishing year. We                                      requirements apply to any trip where                                        take this type of extra-large mesh gillnet
                                               applied this standard during years when                                    groundfish catch counts against a                                           trip. The benefit of reducing ASM
                                               Congress appropriated funds to pay for                                     sector’s annual catch entitlement (ACE).                                    coverage for these trips is that resources
                                               industry costs for the ASM program                                         This Council action proposes to remove                                      would be diverted to monitor trips that
                                               (2010 and 2011), and in other years                                        the ASM coverage requirement for                                            catch more groundfish, which could
                                               when we were able to fund industry’s                                       sector trips using gillnets with extra-                                     improve discard estimates for directed
                                               costs for ASM (2012–2014, and part of                                      large mesh (10 inches (25.4 cm) or                                          groundfish trips. All other sector trips
                                               2015). In some years, applying this                                        greater) in the SNE/MA and Inshore GB                                       would still be required to meet the CV
                                               standard resulted in higher coverage                                       Broad Stock Areas. A majority of catch                                      standard at a minimum. Changes in
                                               levels than if the standard were not                                       on these trips is of non-groundfish                                         stock size or fishing behavior on these
                                               applied. However, this additional                                          stocks such as skates, monkfish, and                                        trips could change the amount of
                                               criterion was not necessary to satisfy the                                 dogfish, with minimal or no groundfish                                      groundfish bycatch in future fishing
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                                               CV requirement of the ASM program or                                       catch. As a result, applying the same                                       years. However, data from 2012 to 2014
                                               to accurately monitor sector catches,                                      level of coverage on these trips as                                         shows that groundfish catch has
                                               and was not required by the FMP. This                                      targeted groundfish trips does not                                          represented less than 5 percent of total
                                               action proposes to clarify the Council’s                                   contribute to improving the overall                                         catch on a majority of trips, and large
                                               intent that target ASM coverage levels                                     precision and accuracy of sector discard                                    changes are not expected. We will
                                               for sectors should be set using only                                       estimates, and would not be a sufficient                                    continue to evaluate this measure in the
                                               realized stock-level CVs, and should not                                   use of the limited resources for the ASM                                    future to make sure bycatch levels
                                               be set using the additional                                                program. These trips would still be                                         remain low.


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                                               15018                   Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules

                                                  Because this subset of trips would                   the target ASM coverage level has                     standard consistent with existing goals
                                               have a different coverage level than                    ranged from 22 to 26 percent for the last             for the ASM program. Under this
                                               other sector trips in the SNE/MA and                    four fishing years, there is the potential            alternative, stocks that meet all of the
                                               Inshore GB Broad Stock Areas, we                        that variability could result in large                following criteria would not be used as
                                               would create separate discard strata for                fluctuations of target ASM coverage                   the predictor for the annual target ASM
                                               each stock caught on extra-large gillnet                levels in the future, and result in target            coverage level for all stocks: (1) Not
                                               trips in order to ensure the different                  coverage levels that are well above the               overfished; (2) Overfishing is not
                                               coverage levels do not bias discard                     level necessary to meet the 30-percent                occurring; (3) Not fully utilized (less
                                               estimates. At this time, no adjustments                 CV for most stocks. For example,                      than 75 percent of sector sub-ACL
                                               to the current notification procedures                  available analyses indicates that, using              harvested); and (4) Discards are less
                                               appear necessary to implement this                      the status quo methodology, the ASM                   than 10 percent of total catch.
                                               measure. Sector vessels already declare                 coverage level would be 41 percent in                    This proposed measure does not
                                               gear type and Broad Stock Area to be                    2016 compared to the current 2015 rate                eliminate the 30-percent CV standard.
                                               fished in the Pre-Trip Notification                     of 24 percent. Based on a 2016 target                 Rather, this measure is intended to
                                               System, which would allow us to easily                  coverage level of 41 percent, the                     reflect the Council’s policy that target
                                               identify trips that are exempt from ASM                 coverage level that would have been                   ASM coverage level should be based on
                                               coverage.                                               necessary to meet a 30-percent CV in                  stocks that are overfished, are subject to
                                                  To minimize the possibility that this                2014 would be exceeded by 15–39                       overfishing, or are more fully utilized—
                                               measure would be used to avoid ASM                      percent for 19 of the 20 stocks.                      stocks for which it is critical to attempt
                                               coverage, only vessels declared into the                   This Council action proposes using                 to fully account for past variability in
                                               SNE/MA and/or Inshore GB Broad Stock                    information from the most recent three                discard estimates. Because stocks that
                                               Areas using extra-large mesh gillnets                   full fishing years to predict target ASM              meet all four of the filtering criteria are
                                               would be exempt from the ASM                            coverage levels for the upcoming fishing              healthy and not fully utilized, there is
                                               coverage requirement. Vessels using                     year. For example, data from the 2012                 a lower risk in erring in the discard
                                               extra-large mesh gillnet declaring into                 to 2014 fishing years would be used to                estimate. Additionally, using these
                                               the GOM or Offshore GB Broad Stock                      predict the target ASM coverage level                 stocks to predict the target coverage
                                               Areas would not be exempt from the                      for the 2016 fishing year. Now that five              could lead to coverage levels that are
                                               ASM coverage requirement. In addition,                  full years of discard data are available,             not necessary to accurately monitor
                                               a vessel is already prohibited from                     using multiple years of data is expected              sector catch.
                                               changing its fishing plan for a trip once               to smooth inter-annual fluctuations in                   For the 2016 fishing year, preliminary
                                               a waiver from coverage has been issued.                 the level of coverage needed to meet a                analysis shows that, under the status
                                                  Framework 48 implemented a similar                   30-percent CV that might result from                  quo methodology for determining the
                                               measure exempting the subset of sector                  changes to fishing activity and                       ASM target coverage level, redfish
                                               trips declared into the SNE/MA Broad                    management measures. This measure is                  would drive the target coverage level at
                                               Stock Area on a monkfish DAS and                        intended to make the annual                           37 percent. However, redfish is a
                                               using extra-large mesh gillnets from the                determination of the target ASM                       healthy stock, and current biomass is
                                               standard ASM coverage level. The                        coverage level more stable. For example,              well above the biomass threshold.
                                               Framework 48 measure gave us the                        the percent coverage necessary to reach               Redfish also meets all of the filtering
                                               authority to specify some lower                         a 30-percent CV for redfish varied                    criteria—the stock is currently not
                                               coverage level for these trips on an                    widely for the last 3 years (5 percent in             overfished, overfishing is not occurring,
                                               annual basis when determining                           2012; 10 percent in 2013, and 37                      only 45 percent of the sector sub-ACL
                                               coverage rates for all other sector trips.              percent in 2014). With this measure, the              was harvested in 2014, and only 3
                                               Since this measure was implemented at                   Council intended to make the annual                   percent of total catch was made up of
                                               the start of the 2013 fishing year, the                 determination of the target ASM                       discards. Also, because of the high year-
                                               ASM coverage level for these trips has                  coverage level more stable. Additional                to-year variability in the coverage
                                               been set to zero, and these trips have                  stability in predicting the annual target             necessary to achieve the 30-percent CV
                                               only been subject to NEFOP coverage.                    ASM coverage level is beneficial in the               standard for redfish, we expect the
                                               The measure proposed in this action                     context of the industry-funded ASM                    target coverage level of 14 percent to
                                               would supersede the Framework 48                        program. Wide inter-annual fluctuations               meet the objective.
                                               measure because it would entirely                       in the necessary coverage level would                    If implemented alone, filtering the
                                               remove the ASM coverage requirement                     make it difficult for groundfish vessels              application of the 30-percent CV
                                               from these trips.                                       to plan for the costs of monitoring, and              standard would eliminate redfish as a
                                                                                                       for ASM service providers to adjust                   driver for the target ASM 2016 coverage
                                               Using Multiple Years of Data to
                                                                                                       staffing to meet variable demands for                 level, and GOM winter flounder would
                                               Determine ASM Total Coverage Levels
                                                                                                       monitoring coverage. The ability for                  drive coverage at 26 percent. If
                                                  Currently, data from the most recent                 ASM service providers to successfully                 implemented in combination with the
                                               fishing year are used to predict the                    meet staffing needs, including                        other alternatives, SNE/MA yellowtail
                                               target ASM coverage level for the                       maintaining the appropriate staff                     flounder would drive the coverage level
                                               upcoming fishing year. For example,                     numbers and retaining quality monitors,               at 14 percent.
                                               data from the 2013 groundfish fishing                   increases the likelihood of achieving the
                                               year were used to set the target ASM                                                                          Clarification of Groundfish Monitoring
                                                                                                       target coverage level each year. If
                                                                                                                                                             Goals and Objectives
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                                               coverage level for the 2015 fishing year.               implemented alone, using multiple
                                               When a single year of data is used to                   years of data would result in a target                  As described earlier in this section,
                                               determine the target coverage level, the                2016 ASM coverage level of 17 percent.                Framework Adjustment 48 revised and
                                               entire coverage level is driven by the                                                                        clarified the goals and objectives of the
                                               variability in discards in a single stock.              Filtering the Application of the 30-                  sector monitoring program to include,
                                               This variability is primarily due to inter-             Percent CV Standard                                   among other things, improving the
                                               annual changes in management                              This Council action proposes to filter              documentation of catch, reducing the
                                               measures and fishing activity. Though                   the application of the 30-percent CV                  cost of monitoring, and providing


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                                                                       Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules                                            15019

                                               additional data streams for stock                       operations plan to NMFS no later than                 currently set recreational management
                                               assessments. However, Framework 48                      September 1, 2016. NMFS would notify                  measures in consultation with the
                                               did not prioritize these goals and                      the Council in writing of its intent to               Council, and have the authority to
                                               objectives. This Council action clarifies               consider approving new sectors. NMFS                  modify bag limits, size limits, and
                                               that the primary goal of the sector ASM                 would present the submitted sector                    seasons. The Framework 53 prohibition
                                               program is to verify area fished, catch                 operations plans and any supporting                   on the recreational possession of GOM
                                               and discards by species, and by gear                    analysis for the new sector at a                      cod was implemented as a permanent
                                               type, in a manner that would reduce the                 Groundfish Committee meeting and a                    provision in the FMP. In removing the
                                               cost of monitoring. This proposed                       Council meeting. After its review, the                permanent prohibition on recreational
                                               adjustment to the program goals would                   Council would submit comments to                      possession of GOM cod, this proposed
                                               not affect the target ASM coverage                      NMFS in writing and indicate whether                  measure returns the authority to set
                                               levels.                                                 it endorses the formation of the new                  recreational management measures for
                                                                                                       sector. NMFS would then make a final                  GOM cod to us. We will implement
                                               7. Other Framework 55 Measures
                                                                                                       determination about new sector                        additional recreational measures to help
                                                  The Council also proposed a number                   consistent with the APA. NMFS would                   ensure the recreational fishery does not
                                               of additional minor adjustments to the                  not initiate a rulemaking to make final               exceed the GOM cod allocation in a
                                               FMP as part of this action.                             determinations on the formation of the                separate rulemaking.
                                               Formation of Sustainable Harvest Sector                 new sector without the Council’s
                                                                                                                                                             Distribution of Eastern/Western GB Cod
                                               II                                                      endorsement. This modified process
                                                                                                                                                             Sector Allocations
                                                                                                       would shorten the timeline for, and
                                                  The Council proposes to approve the                  increase the flexibility of, the sector                  Eastern GB cod is a sub-unit of the
                                               formation of a new sector, Sustainable                  approval process, while maintaining                   total GB cod stock, and the total ABC for
                                               Harvest Sector II. We must still review                 opportunities for Council approval and                GB cod includes the shared U.S./Canada
                                               the sector operations plan submitted by                 public involvement in the approval                    quota for eastern GB cod. A portion of
                                               Sustainable Harvest Sector II to ensure                 process. No other aspects of the sector               a sector’s GB cod allocation may only be
                                               that it contains the required provisions                formation process, including the content              caught in the Eastern U.S./Canada Area,
                                               for operation, and that a sufficient                    of sector operations plan submissions,                and the remaining portion of its total GB
                                               analysis is completed under the                         would change as a result of this                      cod allocation can be caught only in the
                                               National Environmental Policy Act                       proposed measure.                                     Western U.S./Canada Area. This
                                               (NEPA). We propose to approve                                                                                 restriction was adopted by Amendment
                                               Sustainable Harvest Sector II, but intend               Modification to the Definition of the                 16 in order to cap the amount of GB cod
                                               to make our final determination                         Haddock Separator Trawl                               that a sector could catch in the eastern
                                               concerning what sectors are approved                       This Council action proposes to                    U.S./Canada Area and help prevent the
                                               and allocated ACE for operations for the                modify the definition of the haddock                  United States from exceeding its eastern
                                               2016 fishing year as part of this                       separator trawl to improve the                        GB cod quota. However, limiting the
                                               rulemaking.                                             enforceability of this selective trawl                amount of cod that could be caught in
                                                                                                       gear. In many haddock separator trawls,               the western U.S./Canada Area could
                                               Modification of the Sector Approval
                                                                                                       the separator panel is made with the                  unnecessarily reduce flexibility, and
                                               Process
                                                                                                       same mesh color as the net, which                     potentially limit fishing in the area,
                                                  This Council action proposes to                      makes it difficult for enforcement to                 even if a sector has not caught its entire
                                               modify to the sector approval process so                identify that this gear is properly                   GB cod allocation. Ultimately, this
                                               that new sectors would not have to be                   configured during vessel inspections.                 could prevent the fishery from
                                               approved through an FMP amendment                       This measure would require the                        achieving optimum yield for the GB cod
                                               or framework adjustment. Under the                      separator panel to be a contrasting color             stock.
                                               current process, new sectors must                       to the portions of the net that it                       To address this concern, the Council
                                               submit operations plans to the Council                  separates. Requiring that the separator               proposes in this to allow sectors to
                                               no less than 1 year prior to the date that              panel be a contrasting color to the rest              ‘‘convert’’ their eastern GB cod
                                               it plans to begin operations (i.e, by May               of the net would make the separator                   allocation into western GB cod
                                               1, 2016, if the sector intends to operate               panel highly visible, which would                     allocation. This measure would follow a
                                               on May 1, 2017). The Council must                       improve identification of the panel                   process similar to the one used for
                                               decide whether to approve the                           during boarding, and potentially allow                processing sector trades, and is similar
                                               formation of a new sector through an                    for faster inspections and more effective             to a measure already approved for GB
                                               amendment or framework adjustment.                      enforcement. This proposed                            haddock in Framework Adjustment 51
                                               NMFS then reviews the operations plan                   modification does not affect rope or                  (77 FR 22421; April 22, 2014). Sectors
                                               submitted by the new sector to ensure                   Ruhle trawls. If we approve this                      could convert eastern GB cod allocation
                                               that it contains the required provisions                measure, we intend to delay the                       into western GB cod allocation at any
                                               for operation and sufficient NEPA                       effective date of the requirement by 6                time during the fishing year, and up to
                                               analysis before making final                            months to allow affected fishermen time               2 weeks into the following fishing year
                                               determinations about the formation of                   to replace their separator panels with                to cover any overage during the
                                               the new sector consistent with the                      contrasting netting.                                  previous fishing year. A sector’s
                                               Administrative Procedure Act (APA).                                                                           proposed allocation conversion would
                                                                                                       Removal of GOM Cod Recreational
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                                                  Under the proposed process, new                                                                            be referred to, and approved by, NMFS
                                               sectors would submit operations plans                   Possession Limit                                      based on general issues, such as
                                               directly to NMFS no later than                            This Council action proposes to                     whether the sector is complying with
                                               September 1 of the fishing year prior to                remove the prohibition on recreational                reporting or other administrative
                                               the fishing year it intends to begin                    possession of GOM cod that was                        requirements, including weekly sector
                                               operations. For example, if a new sector                established as part of the protection                 reports, or member vessel compliance
                                               wished to operate starting on May 1,                    measures implemented for this stock in                with Vessel Trip Reporting
                                               2017, it would need to submit its                       Framework Adjustment 53. We                           requirements. Based on these factors, we


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                                               15020                   Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules

                                               would notify the sector if the conversion               Sector Operations Plans and Contracts                    All permits enrolled in a sector, and
                                               is approved or disapproved. As with GB                     A total of 19 sectors would operate in             the vessels associated with those
                                               haddock transfers, we propose to use                    the 2016 fishing year, including:                     permits, have until April 30, 2016, to
                                               member vessel compliance with Vessel                       • Seventeen sectors that had                       withdraw from a sector and fish in the
                                               Trip Reporting requirements as the basis                operations plans that had been                        common pool for fishing year 2016. In
                                               for approving, or disapproving, a                       previously approved for the 2016                      addition to the enrollment delay, all
                                               reallocation of Eastern GB quota to the                 fishing year (see the Final Rule for 2015             permits that change ownership after
                                               Western U.S./Canada Area. This is                       and 2016 Sector Operations Plans and                  December 1, 2015, retain the ability to
                                               identical to the process used for                       2015 Contracts and Allocation of                      join a sector through April 30, 2016. We
                                               reviewing, and approving, quota transfer                Northeast Multispecies Annual Catch                   will publish final sector ACEs and
                                               requests between sectors.                                                                                     common pool sub-ACLs, based upon
                                                                                                       Entitlements; 80 FR 25143; May 1,
                                                                                                                                                             final rosters, as soon as possible after
                                                  The responsibility for ensuring that                 2015);
                                                                                                                                                             the start of the 2016 fishing year, and
                                               sufficient allocation is available to cover                • Sustainable Harvest Sector II,
                                                                                                                                                             again after the start of the 2017 and 2018
                                               the conversion is the responsibility of                 discussed in section ‘‘7. Other
                                                                                                                                                             fishing years.
                                               the sector. This measure would also                     Framework 55 Measures,’’ which is                        The sector allocations proposed in
                                               extend to state-operated permit banks.                  proposed for formation and approval as                this rule are based on the fishing year
                                               Any conversion of eastern GB cod                        part of Framework 55; and                             2016 specifications described above
                                               allocation into western GB cod                             • Northeast Fishery Sector 12, which               under ‘‘3. Catch Limits for the 2016–
                                               allocation may be made only within a                    has not operated since 2013, but                      2018 Fishing Years.’’ We calculate the
                                               sector, or permit bank, and not between                 submitted an operations plan for                      sector’s allocation for each stock by
                                               sectors or permit banks. In addition,                   approval for the 2016 fishing year.                   summing its members’ potential sector
                                               once a portion of eastern GB cod                           We have made a preliminary                         contributions (PSC) for a stock, as
                                               allocation has been converted to                        determination that the two new                        shown in Table 15. The information
                                               western GB cod allocation, that portion                 proposed sector operations plans and                  presented in Table 15 is the total
                                               of allocation remains western GB cod                    contracts for Sustainable Harvest Sector              percentage of each commercial sub-ACL
                                               for the remainder of the fishing year.                  II and Northeast Fisheries Sector 12 are              each sector would receive for the 2016
                                               Western GB cod allocation may not be                    consistent with the FMP’s goals and                   fishing year, based on their 2015 fishing
                                               converted to eastern GB cod allocation.                 objectives and meet the applicable                    year rosters. Tables 16 and 17 show the
                                               This proposed measure does not change                   sector requirements. We request                       allocations each sector would receive
                                               the requirement that sector vessels may                 comments on the proposed operations                   for 2016 fishing year, based on their
                                               only catch their eastern GB cod                         plans and the accompanying                            2015 fishing year rosters. At the start of
                                               allocation in the Eastern U.S./Canada                   environmental assessment (EA) for these               the fishing year, after sector enrollment
                                               Area, and may only catch the remainder                  two sectors. Copies of the operations                 is finalized, we provide the final
                                               of their GB cod allocation in the                       plans and contracts, and the EA, are                  allocations, to the nearest pound, to the
                                               Western U.S./Canada Area.                               available at: http://www.regulations.gov              individual sectors, and we use those
                                                                                                       and from NMFS (see ADDRESSES).                        final allocations to monitor sector catch.
                                                  This measure would provide
                                               additional flexibility for sectors to                   Sector Allocations                                    While the common pool does not
                                               harvest their GB cod allocations. The                                                                         receive a specific allocation, the
                                                                                                          Regional Administrator approval is                 common pool sub-ACLs have been
                                               total catch limit for GB cod includes the               required for sectors to receive ACEs for
                                               U.S. quota for eastern GB cod, so this                                                                        included in each of these tables for
                                                                                                       specific groundfish stocks. The ACE                   comparison.
                                               proposed measure would not jeopardize                   allocations are a portion of a stock’s                   We do not assign an individual permit
                                               the total ACL for GB cod, or the U.S.                   ACL available to the sector based on the              separate PSCs for the Eastern GB cod or
                                               quota for the eastern portion of the                    collective fishing history of the sector’s            Eastern GB haddock; instead, we assign
                                               stock. A sector would also still be                     members. Sectors are allocated ACE for                a permit a PSC for the GB cod stock and
                                               required to stop fishing in the Eastern                 groundfish stocks for which its members               GB haddock stock. Each sector’s GB cod
                                               U.S./Canada Area once its entire eastern                have landings history, with the                       and GB haddock allocations are then
                                               GB cod allocation was caught, or in the                 exception of Atlantic halibut, ocean                  divided into an Eastern ACE and a
                                               Western U.S./Canada Area once its                       pout, windowpane flounder, and                        Western ACE, based on each sector’s
                                               western GB cod allocation was caught,                   Atlantic wolffish. These stocks are not               percentage of the GB cod and GB
                                               or at least until it leased in additional               allocated to sectors.                                 haddock ACLs. For example, if a sector
                                               quota. This ensures sufficient                             Each year, we use sector enrollment                is allocated 4 percent of the GB cod ACL
                                               accountability for sector catch that will               information from the previous fishing                 and 6 percent of the GB haddock ACL,
                                               help prevent overages of any GB cod                     year to estimate ACE allocations for the              the sector is allocated 4 percent of the
                                               catch limit.                                            upcoming fishing year. Due to the shift               commercial Eastern U.S./Canada Area
                                               8. Sector Measures for the 2016 Fishing                 to industry-funded ASM, sector                        GB cod TAC and 6 percent of the
                                               Year                                                    enrollment could decrease for the 2016                commercial Eastern U.S./Canada Area
                                                                                                       fishing year if current sector members                GB haddock TAC as its Eastern GB cod
                                                  This action also proposes measures                   decide to fish in the common pool to                  and haddock ACEs. These amounts are
                                               necessary to implement sector                           avoid the financial burden of the ASM                 then subtracted from the sector’s overall
Lhorne on DSK5TPTVN1PROD with PROPOSALS




                                               operations plan, including sector                       requirement. Despite some uncertainty                 GB cod and haddock allocations to
                                               regulatory exemptions and annual catch                  in 2016 enrollment levels, we expect                  determine its Western GB cod and
                                               entitlements, for 19 sectors for the 2016               that 2015 enrollment still provides the               haddock ACEs. Framework 51
                                               fishing year. In past years, sector                     best proxy for fishing year 2016 sector               implemented a mechanism that allows
                                               operations measures have been covered                   membership, and used 2015 enrollment                  sectors to ‘‘convert’’ their Eastern GB
                                               in a separate, concurrent rulemaking,                   to calculate the fishing year 2016                    haddock allocation into Western GB
                                               but are included in this rulemaking for                 projected allocations in this proposed                haddock allocation (79 FR 22421; April
                                               efficiency.                                             rule.                                                 22, 2014) and fish that converted ACE


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                                                                       Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules                                           15021

                                               in Western GB. This rule proposes a                     information. If the default catch limits              completion of year-end catch
                                               similar measure for GB cod under ‘‘6.                   for the 2016 fishing year are                         accounting to reduce or eliminate any
                                               Other Framework 55 Measures.’’                          implemented, groundfish sectors would                 2015 fishing year overages. If necessary,
                                                 At the start of the 2016 fishing year,                not be subject to the 20-percent                      we will reduce any sector’s 2016 fishing
                                               we will withhold 20 percent of each                     holdback. We will allow sectors to                    year allocation to account for a
                                               sector’s 2016 fishing year allocation                   transfer fishing year 2015 ACE for 2                  remaining overage in 2015 fishing year.
                                               until we finalize fishing year 2015 catch               weeks of the fishing year following the               BILLING CODE 3510–22–P
Lhorne on DSK5TPTVN1PROD with PROPOSALS




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                                                                                                                                                                                                                                                                                               <e0oST
                                                                                                                                                                                                                                                                               samy pasodoId/910Z ‘IZ YJE ‘Aepuopy/tg ‘ON ‘I€ ‘1OA /4ajstSay pe1apaq
                                Table 15. Cumulative PSC (percentage) each sector would receive by stock for fishing year 2016.*
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 GB Cod Fixed GearSector (Fixed Gear Sector)    27.694499     2.60411697     5.755300518    1873582550     0.0 14055303   0.36065025     3.035060503     0.978502      2143360009     0.028412603    13.4G304714    2334028 199    2.741955621    5.700232451   7406486911

    Maine Coast Community Sector (MCCS)        0.209544172    4600244934     0.038770112    2558590027     0.003515134    0.650621953    1.050175506    1551057401     5.050623761    0.008783136    1.963756861    0.192030 108   2501806185     4394764742    3800018730

              Maine Permit Bank                0.13356367     1.151604693    0.044328832    1122501791     0.0 13776402   0.031768048    0.317513209    116380585      0.726777057    0000217133     0.425311313    0.017880 187   0.82178406     165253805     15693531383

 Northeast Coastal Communities Sector (NCCS)   0.180040577    0.90 1939603   0.137722621    0.30231453     0.835596046    0.719151243    0.621303564    0.307144341    0.295070995    0.053814572    0.925011235    0.285781447    0.455537453    0.858478535   0.515403308

               NEFS 1                               0         0.030667067         0         0.002486505         0              0         0.037552083    0.008557968    0.012747468    9.54053E—07    0.052051436    3.23199E—06         0              0             0

               NEFS 2                          5.087894047    18.30360845    10.68364767    16.45827575    190723756      1.398286728    18.8360872     7.785780823    12.5908369     3217799926     18.1600099     3.181206 138   14.73385033    6.047332124   1188203817

               NEFS 3                          1124220243     13.58808364    0.142548175    8.942020244    0.045912766    0.408527091    8.49865556     4053641044     2349440834     0.025822743    9.181332204    0.752743049    11289751767    4511522707    5.070162061

               NEFS 4                          414318807      9.597405796    5.395097636    8.270809838     21614662      2.347792266    5462377432     9.286804705    849303212      0691712475     6242130483     1.280143849    6642126915     8057084511    5.16 1406650

               NEFS 5                          0.727506303    0.106490691    0.857874951    0.131472624    1.200279277    20.76328588    0.207340751    0.384981588    0.553406822    0434302079     0.0 17630126   12.34562538    0.02090798     0.098752363   0.093209471

               NEFS 6                          2.068798943    2958643072     2.923002017    3.8559073179   2.702518084    5.263053015    3.734652453    3891212841     5.204620066    1504558353     4554173508     1937408254     5.310537267    3.914446307   3.305303724

               NEFS 7                          4.594070833    0.818030811    450082333      0.693832144    10.44501276    4.323152078    4359000944     3085930042     3664008201     10.26792054    300899305      4.859004252    0.608476927    0.877646784   0.758203521

               NEFS 8                          5.800348994    0.178115436    5.963076643    0.076677132    9.741947074    5.435 139581   4.317834885    1543348675     2.116386826    15.05800284    1.042673413    9.761157870    0.53028413     0.450131138   0.57 1670347

               NEFS 9                          1422184825     1651873823     1159506618     4.711835489    25.30583387    7.721214256    10.42517636    8.263119688     8.2054236     39.53800711    244965554      18.32025453    5600931683     4092160698    3.89 1240261

               NEFS 10                         0.734971715    5427482366     0.25 1529927   2580775644     0.001558849    0.540958113    1305160144     11707236185    2394944893      0.0107466     18.11014966    0.72835591     0.548637748    0.915574794   1462752380

               NEFS 11                         0.407 171937   13.54608735    0.038172885    3.216874044    0.001526329    0.019524121    2.580 138791   2,096400751    2.073024405    0003309759     2248071807     0.021573873    1.995777018    4841858308    9.494305856

               NEFS 13                         7.95815638     0.841578343    15.96018482    0.934025074    24.73739076    18.59430082    4.743917868    5.153000148    6.1739362974   1245172042     2054422451     10.81730202    3.982679908    1745043420    2278026077

         New Hampshire Permit Bank             0,00082187     114188081      3.40501E—05    0.032280406    2.0201E—05     1.78501E—05    0.021778079    0,028471233    0.006 158791   323751206      0.0805 17624   3,82755E—05    0.0 19399565   0.084273377   0.111251823

         Sustainable Harvest Sector 1          1.822506096    4341135142     2235310723     3.93090206     0.923994902    0.435355048    2.8 16495859   5.751180183     3.948985      5.7 14888386    5.0712478     0.823364085    4.267827176    4.871660006   3.956327306

         Sustainable Harvest Sector 3          19.4585015     15.39706124    32.73200154    38.9185545     16.49540297    10.37393213    11.3071658     344470914      3112196251     15.23411037    5.5459002681   20.04562217    4725809124     46.15820984   35.92276189

                Sectors Tofal                  97.8577518     97.38693083    99.11450303    98.72080232    98.09705463    79.40553187    95.42633519    98.08 744475   97.69025258    99.03576495    94.58435811    87.71358305    99.42127201    99.27861517   99.37606998

                Common Pool                    2.142248309    2613060165     0.88549697 1   1.279197678    1.902945372    20.50446833    4.573664806    1.912555252    2303747415     0.96423505 1   5.41564189     12.28641685    0.578727002    0.721384833   0.623030017

* The data in this table are based onfishing year 2015 sector rosters. Sectors proposed for approval in this action (ie., NEFS 11 and SHS 2) are not reflected here and will be included in the
adjustment rule.
f For fishing year 2016, 18.9 percent of the GB cod ACL would be allocated for the Eastermn U.S./Canada Area, while 28.46 percent of the GB haddock ACL would be allocated for the
Eastern U.S./Canada Area.
7 SNE/MA Yellowtail Flounder refers to the SNUE/Mid—Atlantic stock. CC/COM Yellowtail Flounder refers to the Cape Cod/GOM stock.


                                             Table 16. Proposed ACF (in 1,000 Ibs), by stock, for each sector for fishing year 2016.***~




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        Fixed Gear Sector              84         287         16         1925        4631         100         0           2          23          26         17           0         190         30          576      435     2909
              MCCS                      1          2          28          13          31          136         0           3                     197         41           0          28          2          525      335     1493
       Maine Permit Bank                0          1           7          15          36          60          0           0           2          30          6           0              6       0          173       126     665
              NCCS                      1          2           6          46          111         21          4           3           5            8         2           1          13          4           96       65      202
             NEFS 1                     —           —          0              —          —         0          —           —           0            0         0           0              1       0            —        —       —
             NEFS 2                    17          59         113        3,573       8,596       877          9           6          142        203         103         42         256         41         3,094     461     4,668
             NEFS 3                     3          12         B5          48          115        476          0           2          64         106         23           0         129         10          271      344     2,384
             NEFS 4                    13          43         59         1,784       4,293       441          10         10          41         242         69           9          88         17         1,395     614     2420
             NEFS5                      2          8           1          287         690          7          6          87           2          10          5           6              0      159          4         8      37
             NEFS 6                     9          30         18          978        2,352       205          13         22          28         101         42          20          64         25         11185     299     1,298
             NEFS 7                    14          48          5         1,508       3,628        37          49         18          33          96         30         134          42         63          128       67      298
             NEFS 8                    18          61          1         1,961       4,718         4          45         23          32          40         17         196          15         126         111       35      225
             NEFS 9                    43         147         10         3,878       9,331       251         125         32          78         216         67         514          35         236        1,195     312     1,528
             NEFS 10                    2          8          34          84          202         138         0           2          98          45         20           0         255          9          115       70      575
             NEFS 1                     1          4          B4          13           31         171         0           0          19          55         17           0          32          0          419      369     3,729
             NEFS 13                   24          82          5         5,341      12,849        50         115         77          36         134         50          94          29         140         836       133     895
  New Hampshire Permit Bank             0          0           7              0          0         2          0           0           0            1         0           0              1       0           4         6      44
  Sustainable Harvest Sector 1          6          19         27          748        1,799       210          4           2          21         150         32          74          71         11          896      372     1,55M4
  Sustainable Harvest Sector 3         59         202         95        10,947      26,337      2,073         77         43          85         898         254        198          78         259        9,925     3,520   14,110
          Sectors Total               298        1,014        601       33,148      79,750      5,258        456         331        717        2,558        T97        1288       1,332       1,131      20,880     7,571   39,035
          Common Pool                   7          22         16          296         712         68          9          86          34          50         19          13          76         158         122       56      245
*The data in this table are based on fishing year 2015 sector rosters. Sectors proposed for approval in this action (i.e., NEFS 11 and SHS 2) are not reflected here and will be included in the adjustment rule.
"Numbers are rounded to the nearest thousand lbs. In some cases, this table shows anallocation of 0; but that sector may be allocated a small amount of that stock in tens or hundreds pounds.
* The data in the table represent the total allocations to each sector. NMFS will withhold 20 percent ofa sector‘s total ACE at the start ofthe fishing year.
t We have used preliminary ACLs to estimate each sector‘s ACE.




                                                                                                                                                                                                                                                     €20§T


                                                                                                                                                                                                                           FPe0ST
                            Table 17. Proposed ACK (in metric tons), by stock, for each sector for fishing year 2016.**~¢




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      Fixed Gear Sector               38       130       7        873       2,101      45         0       1       10       12        8        0        86        14         261        197         1,320
            MCCS                       0         1       13        6          14       62         0       1       4       89        19        0        13         1         238        152          677
      Maine Permit Bank                0         1       3         7          16       27         0      0         1       14        ]        0         3         0          78        57           302
             NCCS                      0         1       3        21          50        9         2       1       2        4         1        0         6         2          43        30            92
            NEFS 1                      —        —       0         —           —        0         0      0        0        0         0        0         0         0           0         0             0
            NEFS 2                     8       27       51|      1,621      3,899     398         4      3       64       92        47       19       116        19        1404       209          2117
            NEFS 3                     2         5      38        22          52      216         0       1      29       48        11        0        59         4         123        156         1,082
            NEFS 4                     6        19      27        809       1,947     200         5      4        19      110       31        4        40         7         633       279          1,098
            NEFS 5                      1        3       0        130        313        3         3     39         1       5         2        3         0       72            2         3             17
            NEFS 6                     4        13       8        444       1,067      93         6      10       13      46        19        9        29        11         506        135          589
            NEFS 7                     6       22        2        684       1,646      17       22       8        15      44        14       61        19       28           58        30            135
            NEFS 8                     8       28        0        889       2,140       2       21       10       15       18        8       89         7       57           51         16           102
            NEFS 9                    20       67        5       1,759      4,232     114       57       15      36       98        31      233        16       107         542        142          693
           NEFS 10                      1        3       15       38          92       63         0       1      45       20         9        0       116         4          52        32           261
           NEFS 11                      1        2      38         6          14       78         0      0        9       25         8        0        14         0         190        167          1692
           NEFS 13                     11       37       2      2423        5,828      23        52     35        16      61        23       43        13       63          379        60           406
 New Hampshire Permit Bank             0         0       3         0           0        1         0      0        0        0         0        0         0         0           2         3            20
 Sustainable Harvest Sector 1          3         9       12       339        816       95         2       1       10      68        15       34        32         5         407        169          705
 Sustainable Harvest Sector 3         27        91      43      4,966      11,946     940        35     20       39      408       115       90        35       117        4502       1597         6,400
         Sectors Total                135      460      273     15,036     36,174    2,385      207     150      325     1160      361      584       604       513        9471       3434         17706
        Common Pool                    3        10       7        134        323       31         4     39        16      23         9        6        35        72          55        25            111
*The data in this table are based on lishing year 2015 sector rosters. Sectors proposed for approval in this action (i.e., NEFS 11 and SHS 2) are not rellecied here and will be included in the
adjustment rule.
*Numbers are rounded to the nearest metric ton, but allocations are made in pounds. In some cases, this table shows a sector allocation of 0 metric tons, but that sector may be allocated a
small amount of that stock in pounds.
* The dala in the table represent the total allocations to each sector. NMFS will withhold 20 percent ofa sector‘s total ACE at the start ofthe fishing year.
¢ We have used preliminary ACL s to estimate eachsector‘s ACE.


                                                                                Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules                                                                 15025

                                               BILLING CODE 3510–22–C                                                     to 2016 (Table 18). Under this scenario,                adjustment as close to May 1, 2016, as
                                               Sector Carryover From the 2015 to 2016                                     total potential catch would exceed the                  possible.
                                               Fishing Year                                                               2016 ABC for all stocks except for GOM                     Based on the catch limits proposed in
                                                                                                                          haddock and GB haddock. As a result,                    this rule, the de minimis carryover
                                                  Sectors can carry over up to 10                                         we expect we will need to adjust the                    amount for the 2016 fishing year would
                                               percent of the unused initial allocation                                   maximum amount of unused allocation                     be set at the default one percent of the
                                               for each stock into the next fishing year.                                 that a sector can carry forward from                    2016 overall sector sub-ACL. The
                                               However, the maximum available                                             2015 to 2016 (down from 10 percent). It                 overall de minimis amount will be
                                               carryover may be reduced if up to 10                                       is possible that not all sectors will have              applied to each sector based on the
                                               percent of the unused sector sub-ACL,                                      10 percent of unused allocation at the                  cumulative PSCs of the vessel/permits
                                               plus the total ACL for the upcoming                                        end of the 2015 fishing year. We will                   participating in the sector. If the overall
                                               fishing year, exceeds the total ABC.                                       make final adjustments to the maximum                   ACL for any allocated stock is exceeded
                                               Based on the catch limits proposed in                                      carryover possible for each sector based                for the 2016 fishing year, the allowed
                                               this action, we evaluated whether the                                      on the final 2015 catch for the sectors,                carryover harvested by a sector minus
                                               total potential catch in the 2016 fishing                                  each sector’s total unused allocation,                  its specified de minimis amount, will be
                                               year would exceed the proposed ABC if                                      and proportional to the cumulative                      counted against its allocation to
                                               sectors carried over the maximum 10                                        PSCs of vessels/permits participating in                determine whether an overage, subject
                                               percent of unused allocation from 2015                                     the sector. We will announce this                       to an AM, occurred.

                                                               TABLE 18—EVALUATION OF MAXIMUM CARRYOVER ALLOWED FROM THE 2015 TO 2016 FISHING YEARS
                                                                                                                                              [mt, live weight]

                                                                                                                                                                                                     Total potential
                                                                                                                                                                                  Potential              catch           Difference
                                                                                                                                                                                  carryover
                                                                                                                                             2016 U.S.            2016 Total                          (2016 total      between total
                                                                                       Stock                                                                                    (10% of 2015
                                                                                                                                               ABC                   ACL                                 ACL +         potential catch
                                                                                                                                                                                   sector              potential         and ABC
                                                                                                                                                                                  sub-ACL)             carryover

                                               GB Cod ................................................................................               762                  730                174                904              142
                                               GOM cod ..............................................................................                500                  473                 81                555               55
                                               GB Haddock .........................................................................               56,068               53,309              1,705             55,015           ¥1,053
                                               GOM Haddock .....................................................................                   3,630                3,430                 43              3,474            ¥156
                                               SNE Yellowtail Flounder ......................................................                        267                  256                 46                302               35
                                               CC/GOM Yellowtail Flounder ...............................................                            427                  409                 46                455               28
                                               Plaice ...................................................................................          1,297                1,235                136              1,370               73
                                               Witch Flounder .....................................................................                  460                  441                 60                500               40
                                               GB Winter Flounder .............................................................                      668                  650                336                985              317
                                               GOM Winter Flounder ..........................................................                        810                  776                 68                845               35
                                               SNE/MA Winter Flounder ....................................................                           780                  749                106                855               75
                                               Redfish .................................................................................          10,338                9,837              1,052             10,889              551
                                               White Hake ..........................................................................               3,816                3,572                425              3,997              181
                                                  Note. Carry over of GB yellowtail flounder is not allowed because this stock is jointly managed with Canada.


                                               Sector Exemptions                                                          2016 fishing year. These exemptions                     cm) mesh within the footprint and
                                                                                                                          were previously approved in the sector                  season of either the Nantucket Shoals
                                                  Because sectors elect to receive an
                                                                                                                          operations rulemaking for the 2015 and                  Dogfish Exemption Area (June 1 to
                                               allocation under a quota-based system,
                                                                                                                          2016 fishing years. Descriptions of the                 October 15), the Eastern Area of the
                                               the FMP grants sector vessels several
                                                                                                                          current range of approved exemptions                    Cape Cod Spiny Dogfish Exemption
                                               ‘‘universal’’ exemptions from the FMP’s
                                                                                                                          are included in the preamble to the                     Area (June 1 to December 31), and the
                                               effort controls. These universal
                                                                                                                          Final Rule for 2015 and 2016 Sector                     Southern New England Dogfish Gillnet
                                               exemptions apply to: Trip limits on
                                                                                                                          Operations Plans and 2015 Contracts (80                 Exemption Area (May 1 to October 31).
                                               allocated stocks; the GB Seasonal
                                                                                                                          FR 25143; May 1, 2015) and are not                      Sectors seek to participate in this
                                               Closure Area; NE multispecies days-at-
                                                                                                                          repeated here.                                          exempted fishery for dogfish while
                                               sea (DAS) restrictions; the requirement
                                               to use a 6.5-inch (16.5-cm) mesh codend                                       We received a request for an                         simultaneously being exempted from
                                               when fishing with selective gear on GB;                                    additional sector exemption intended to                 ASM coverage on extra-large mesh
                                               and portions of the GOM Cod Protection                                     complement the proposed Framework                       sector trips (i.e., take trips using both
                                               Closures. The FMP prohibits sectors                                        55 measure that would remove the ASM                    greater than 10-inch (25.4-cm) mesh and
                                               from requesting exemptions from                                            coverage requirement for sector trips                   6.5-inch (16.5-in) mesh) in an effort to
                                               permitting restrictions, gear restrictions                                 using 10-inch (25.4-cm), or larger, mesh                maximize the viability and profitability
                                               designed to minimize habitat impacts,                                      gillnet gear and fishing exclusively in                 of their businesses. The Fixed Gear
                                                                                                                                                                                  Sector requested this exemption, and we
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                                               and reporting requirements. In addition                                    the inshore GB and SNE/MA broad
                                               to the ‘‘universal’’ exemptions approved                                   stock areas (described in section ‘‘6.                  propose to grant this exemption to any
                                               under Amendment 16 to the Northeast                                        Groundfish At-Sea Monitoring Program                    sectors that modify their operations
                                               Multispecies FMP, the existing 17                                          Adjustments’’). If this Framework 55                    plans to include this exemption. In this
                                               operational sectors and the two that are                                   measure is approved, the requested                      rule, we propose regulatory text to detail
                                               proposed for approval in this action are                                   sector exemption would allow vessels                    the process for amending sector
                                               granted 19 additional exemptions from                                      on these ASM-exempted sector trips to                   operations plans during the fishing year
                                               the NE multispecies regulations for the                                    also target dogfish using 6.5-inch (16.5-               in section ‘‘10. Regulatory Corrections


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                                               15026                            Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules

                                               under Regional Administrator                                               Common Pool Trip Limits                                                GOM cod is reduced to 25 lb (11 kg) per
                                               Authority.’’ While sector trips using this                                    Tables 19 and 20 provide a summary                                  trip, and the proposed Handgear B trip
                                               exemption would still be would be                                          of the current common pool trip limits                                 limit for GOM cod is maintained at 25
                                               exempt from ASM coverage, all                                              for fishing year 2015 and the trip limits                              lb (11 kg) per trip. This action proposes
                                               groundfish catch on these trips would                                      proposed for fishing year 2016. The                                    a GB cod landing limit of 500 lb (227 kg)
                                               still be attributed to a sector’s ACE.                                     proposed 2016 trip limits were                                         per DAS for vessels fishing on a
                                                                                                                          developed after considering changes to                                 groundfish DAS, which is 75 percent
                                               9. 2016 Fishing Year Annual Measures
                                                                                                                          the common pool sub-ACLs and sector                                    lower than the 2,000-lb (907-kg) per
                                               Under Regional Administrator
                                                                                                                          rosters from 2015 to 2016, proposed                                    DAS default limit specified in the
                                               Authority                                                                  trimester TACs for 2016, catch rates of                                regulations for these vessels. As a result,
                                                 The FMP gives us authority to                                            each stock during 2015, and other                                      the proposed Handgear A trip limit for
                                               implement certain types of management                                      available information.                                                 GB cod is maintained at 300 lb (136 kg)
                                               measures for the common pool fishery,                                         The default cod trip limit is 300 lb                                per trip, and the proposed Handgear B
                                                                                                                          (136 kg) for Handgear A vessels and 75                                 trip limit for GB cod is reduced to 25 lb
                                               the U.S./Canada Management Area, and
                                                                                                                          lb (34 kg) for Handgear B vessels. If the                              (11 kg) per trip.
                                               Special Management Programs on an
                                                                                                                          GOM or GB cod landing limit for vessels
                                               annual basis, or as needed. This                                           fishing on a groundfish DAS drops                                         Vessels with a Small Vessel category
                                               proposed rule includes a description of                                    below 300 lb (136 kg), then the                                        permit can possess up to 300 lb (136 kg)
                                               these management measures that are                                         respective Handgear A cod trip limit                                   of cod, haddock, and yellowtail,
                                               being considered for the 2016 fishing                                      must be reduced to the same limit.                                     combined, per trip. For the 2016 fishing
                                               year in order to provide an opportunity                                    Similarly, the Handgear B trip limit                                   year, we are proposing that the
                                               for the public to comment on whether                                       must be adjusted proportionally                                        maximum amount of GOM cod and
                                               the proposed measures are appropriate.                                     (rounded up to the nearest 25 lb (11 kg))                              haddock (within the 300-lb (136-kg) trip
                                               These measures are not part of                                             to the DAS limit. This action proposes                                 limit) be set equal to the possession
                                               Framework 55, and were not                                                 a GOM cod landing limit of 25 lb (11 kg)                               limits applicable to multispecies DAS
                                               specifically proposed by the Council.                                      per DAS for vessels fishing on a                                       vessels (see Table 20). This adjustment
                                               We are proposing them in conjunction                                       groundfish DAS, which is 97 percent                                    is necessary to ensure that the trip limit
                                               with Framework 55 measures in this                                         lower than the default limit specified in                              applicable to the Small Vessel category
                                               action for expediency purposes, and                                        the regulations for these vessels (800 lb                              permit is consistent with reductions to
                                               because they relate to the catch limits                                    (363 kg) per DAS). As a result, the                                    the trip limits for other common pool
                                               proposed in Framework 55.                                                  proposed Handgear A trip limit for                                     vessels, as described above.

                                                                                   TABLE 19—PROPOSED COMMON POOL TRIP LIMITS FOR THE 2016 FISHING YEAR
                                                                              Stock                                                         Current 2015 trip limit                                          Proposed 2016 trip limit

                                               GB Cod (outside Eastern U.S./Canada Area) ...                              2,000 lb (907 kg)/DAS, up to 20,000 lb (9,072                          500 lb (227 kg)/DAS, up to 2,500 lb/trip

                                               GB Cod (inside Eastern U.S./Canada Area) .....                                                                 100 lb (45 kg)/DAS, up to 500 lb (227 kg)/trip

                                               GOM Cod ...........................................................        50 lb (23 kg)/DAS, up to 200 lb (91 kg)/trip ....                      25 lb (11 kg)/DAS up to 100 lb (45 kg)/trip
                                               GB Haddock .......................................................         25,000 lb (11,340 kg)/trip .................................           100,000 lb (45,359 kg)/trip
                                               GOM Haddock ...................................................            50 lb (23 kg)/DAS, up to 200 lb (91 kg)/trip ....                      100 lb (45 kg)/DAS up to 300 lb (136 kg)/trip

                                               GB Yellowtail Flounder ......................................                                                                      100 lb (45 kg)/trip

                                               SNE/MA Yellowtail Flounder ..............................                  2,000 lb (907 kg)/DAS, up to 6,000 lb (2,722                           250 lb (113 kg)/DAS, up to 500 lb (227 kg)/
                                                                                                                            kg)/trip.                                                              trip
                                               CC/GOM Yellowtail Flounder .............................                   1,500 lb (680 kg)/DAS up to 3,000 lb (1,361                            75 lb (34 kg)/DAS up to 1,500 lb (680 kg)/trip
                                                                                                                            kg)/trip.
                                               American plaice .................................................          Unlimited ..........................................................   1,000 lb (454 kg)/trip
                                               Witch Flounder ...................................................         1,000 lb (454 kg)/trip ........................................        250 lb (113 kg)/trip
                                               GB Winter Flounder ...........................................             1,000 lb (454 kg)/trip ........................................        250 lb (113 kg)/trip
                                               GOM Winter Flounder ........................................               1,000 lb (454 kg)/trip ........................................        2,000 lb (907 kg)/trip
                                               SNE/MA Winter Flounder ..................................                  3,000 lb (1,361 kg)/DAS, up to 6,000 lb (2,722                         2,000 lb (907 kg)/DAS, up to 4,000 lb (1,814
                                                                                                                            kg)/trip.                                                              kg)/trip

                                               Redfish ...............................................................                                                                  Unlimited

                                               White hake .........................................................                                                             1,500 lb (680 kg)/trip

                                               Pollock ................................................................   10,000 lb (4,536 kg)/trip ...................................          Unlimited
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                                               Atlantic Halibut ...................................................                                                                     1 fish/trip

                                               Windowpane Flounder .......................................
                                               Ocean Pout ........................................................                                                             Possession Prohibited
                                               Atlantic Wolffish .................................................




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                                                                       Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules                                                                            15027

                                               TABLE 20—PROPOSED COD TRIPS LIMITS FOR HANDGEAR A, HANDGEAR B, AND SMALL VESSEL CATEGORY PERMITS FOR
                                                                                       THE 2016 FISHING YEAR

                                                           Permit                                            Current 2015 trip limit                                                       Proposed 2016 trip limit

                                               Handgear A GOM Cod ........           50 lb (23 kg)/trip ..............................................................   25 lb (11 kg)/trip.

                                               Handgear A GB Cod ............                                                                            300 lb (136 kg)/trip.

                                               Handgear B GOM Cod ........                                                                                 25 lb (11 kg)/trip.

                                               Handgear B GB Cod ............        75 lb (34 kg)/trip ..............................................................   25 lb (11 kg)/trip.

                                               Small Vessel Category ........                                          300 lb (136 kg) of cod, haddock, and yellowtail flounder combined.

                                                                                     Maximum of 50 lb (23 kg) of GOM cod and 50 lb (23                                   Maximum of 25 lb (11 kg) of GOM cod and 100 lb (45
                                                                                      kg) of GOM haddock within the 300-lb combined trip                                  kg) of GOM haddock within the 300-lb combined trip
                                                                                      limit.                                                                              limit.



                                               Closed Area II Yellowtail Flounder/                            inadvertent deletions, and other minor                               preamble to this rule and analyses
                                               Haddock Special Access Program                                 errors.                                                              contained in Framework 55 and its
                                                                                                                 In § 648.87(b)(4)(i)(G), this proposed                            accompanying EA/RIR/IRFA. A copy of
                                                  This action proposes to allocate zero                       rule would revise text to clarify that                               the full analysis is available from the
                                               trips for common pool vessels to target                        NMFS will determine the adequate level                               Council (see ADDRESSES). A summary of
                                               yellowtail flounder within the Closed                          of insurance that monitoring service                                 the IRFA follows.
                                               Area II Yellowtail Flounder/Haddock                            providers must provide to cover injury,
                                               SAP for fishing year 2016. Vessels could                                                                                            Description of the Reason Why Action
                                                                                                              liability, and accidental death to cover
                                               still fish in this SAP in 2016 to target                                                                                            by the Agency Is Being Considered and
                                                                                                              at-sea monitors, and notify potential
                                               haddock, but must fish with a haddock                                                                                               Statement of the Objective of, and Legal
                                                                                                              service providers.
                                               separator trawl, a Ruhle trawl, or hook                                                                                             Basis for, This Proposed Rule
                                                                                                                 In § 648.87(c)(2)(i)(A), this proposed
                                               gear. Vessels would not be allowed to                          rule would correct the inadvertent                                     This action proposes management
                                               fish in this SAP using flounder trawl                          deletion of the definition of the                                    measures, including annual catch limits,
                                               nets. This SAP is open from August 1,                          Fippennies Ledge Area.                                               for the multispecies fishery in order to
                                               2016, through January 31, 2017.                                   In § 648.87(c), this proposed rule                                prevent overfishing, rebuild overfished
                                                  We have the authority to determine                          would add regulatory text to detail the                              groundfish stocks, and achieve optimum
                                               the allocation of the total number of                          process for amending sector operations                               yield in the fishery. A complete
                                               trips into the Closed Area II Yellowtail                       plans during the fishing year.                                       description of the action, why it is being
                                               Flounder/Haddock SAP based on                                                                                                       considered, and the legal basis for this
                                               several criteria, including the GB                             Classification                                                       action are contained in Framework 55,
                                               yellowtail flounder catch limit and the                          Pursuant to section 304(b)(1)(A) of the                            and elsewhere in the preamble to this
                                               amount of GB yellowtail flounder                               Magnuson-Stevens Act, the NMFS                                       proposed rule, and are not repeated
                                               caught outside of the SAP. The FMP                             Assistant Administrator has made a                                   here.
                                               specifies that no trips should be                              preliminary determination that this                                  Description and Estimate of the Number
                                               allocated to the Closed Area II                                proposed rule is consistent with                                     of Small Entities To Which the Proposed
                                               Yellowtail Flounder/Haddock SAP if                             Framework 55, other provisions of the                                Rule Would Apply
                                               the available GB yellowtail flounder                           Magnuson-Stevens Act, and other
                                               catch is insufficient to support at least                      applicable law. In making the final                                     The Small Business Administration
                                               150 trips with a 15,000-lb (6,804-kg) trip                     determination, we will consider the                                  defines a small business as one that is:
                                               limit (or 2,250,000 lb (1,020,600 kg)).                        data, views, and comments received                                      • Independently owned and operated;
                                               This calculation accounts for the                                                                                                      • Not dominant in its field of
                                                                                                              during the public comment period.
                                               projected catch from the area outside                            This proposed rule has been                                        operation;
                                                                                                                                                                                      • Has annual receipts that do not
                                               the SAP. Based on the proposed fishing                         determined to be not significant for
                                                                                                                                                                                   exceed—
                                               year 2016 GB yellowtail flounder                               purposes of Executive Order (E.O.)                                      Æ $20.5 million in the case of
                                               groundfish sub-ACL of 465,175 lb                               12866.                                                               commercial finfish harvesting entities
                                               (211,000 kg), there is insufficient GB                           This proposed rule does not contain                                (NAIC 1 114111)
                                               yellowtail flounder to allocate any trips                      policies with Federalism or ‘‘takings’’                                 Æ $5.5 million in the case of
                                               to the SAP, even if the projected catch                        implications as those terms are defined                              commercial shellfish harvesting entities
                                               from outside the SAP area is zero.                             in E.O. 13132 and E.O. 12630,                                        (NAIC 114112)
                                               Further, given the low GB yellowtail                           respectively.                                                           Æ $7.5 million in the case of for-hire
                                               flounder catch limit, catch rates outside                        An Initial Regulatory Flexibility                                  fishing entities (NAIC 114119); or
                                               of this SAP are more than adequate to                          Analysis (IRFA) was prepared for this                                   • Has fewer than—
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                                               fully harvest the 2016 GB yellowtail                           proposed rule, as required by section                                   Æ 750 employees in the case of fish
                                               flounder allocation.                                           603 of the Regulatory Flexibility Act, 5                             processors
                                                                                                              U.S.C. 603. The IRFA describes the
                                               10. Regulatory Corrections Under
                                                                                                              economic impact that this proposed rule                                1 The North American Industry Classification
                                               Regional Administrator Authority                                                                                                    System (NAICS) is the standard used by Federal
                                                                                                              would have on small entities, including
                                                                                                                                                                                   statistical agencies in classifying business
                                                 The following changes are being                              small businesses, and also determines                                establishments for the purpose of collecting,
                                               proposed to the regulations to clarify                         ways to minimize these impacts. The                                  analyzing, and publishing statistical data related to
                                               regulatory intent, correct references,                         IRFA includes this section of the                                    the U.S. business economy.



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                                               15028                            Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules

                                                  Æ 100 employees in the case of fish                                      permit application, those seven persons                                       discussion of the impacted businesses,
                                               dealers.                                                                    would form one ownership entity that                                          which can include multiple vessels and/
                                                  This proposed rule impacts                                               holds those five permits. If two of those                                     or permit types.
                                               commercial and recreational fish                                            seven owners also co-own additional
                                                                                                                                                                                                         Regulated Commercial Fish Harvesting
                                               harvesting entities engaged in the                                          vessels, these two persons would be
                                                                                                                                                                                                         Entities
                                               groundfish fishery, the small-mesh                                          considered a separate ownership entity.
                                               multispecies and squid fisheries, the                                          On June 1 of each year, NMFS                                                  Table 18 describes the total number of
                                               midwater trawl herring fishery, and the                                     identifies ownership entities based on a                                      commercial business entities potentially
                                               scallop fishery. Individually-permitted                                     list of all permits for the most recent                                       regulated by the proposed action. As of
                                               vessels may hold permits for several                                        complete calendar year. The current                                           June 1, 2015, there were 1,359
                                               fisheries, harvesting species of fish that                                  ownership dataset used for this analysis                                      commercial business entities potentially
                                               are regulated by several different FMPs,                                    was created on June 1, 2015, based on                                         regulated by the proposed action. These
                                               even beyond those impacted by the                                           calendar year 2014 and contains average                                       entities participate in, or are permitted
                                               proposed action. Furthermore, multiple-                                     gross sales associated with those                                             for, the groundfish, small-mesh
                                               permitted vessels and/or permits may be                                     permits for calendar years 2012 through                                       multispecies, herring midwater trawl,
                                               owned by entities affiliated by stock                                       2014.                                                                         and scallop fisheries. For the groundfish
                                               ownership, common management,                                                  In addition to classifying a business                                      fishery, the proposed action directly
                                               identity of interest, contractual                                           (ownership entity) as small or large, a                                       regulates potentially affected entities
                                               relationships, or economic dependency.                                      business can also be classified by its                                        through catch limits and other
                                               For the purposes of the Regulatory                                          primary source of revenue. A business                                         management measures designed to
                                               Flexibility Act analysis, the ownership                                     is defined as being primarily engaged in                                      achieve the goals and objectives of the
                                               entities, not the individual vessels, are                                   fishing for finfish if it obtains greater                                     FMP. For the non-groundfish fisheries,
                                               considered to be the regulated entities.                                    than 50 percent of its gross sales from                                       the proposed action includes allocations
                                                  Ownership entities are defined as                                        sales of finfish. Similarly, a business is                                    for groundfish stocks caught as bycatch
                                               those entities with common ownership                                        defined as being primarily engaged in                                         in these fisheries. For each of these
                                               personnel as listed on the permit                                           fishing for shellfish if it obtains greater                                   fisheries, there are accountability
                                               application. Only permits with identical                                    than 50 percent of its gross sales from                                       measures that are triggered if their
                                               ownership personnel are categorized as                                      sales of shellfish.                                                           respective allocations are exceeded. As
                                               an ownership entity. For example, if                                           A description of the specific permits                                      a result, the likelihood of triggering an
                                               five permits have the same seven                                            that are likely to be impacted by this                                        accountability measure is a function of
                                               persons listed as co-owners on their                                        action is provided below, along with a                                        changes to the ACLs each year.

                                                                         TABLE 18—COMMERCIAL FISH HARVESTING ENTITIES REGULATED BY THE PROPOSED ACTION
                                                                                                                                                                                                                                      Classified as small
                                                                                                                           Type                                                                                      Total number        businesses

                                               Primarily finfish ............................................................................................................................................                   385                  385
                                               Primarily shellfish .........................................................................................................................................                    480                  462
                                               Primarily for hire ..........................................................................................................................................                    297                  297
                                               No Revenue .................................................................................................................................................                     197                  197

                                                     Total ......................................................................................................................................................             1,359                1,341



                                               Limited Access Groundfish Fishery                                           on sales of groundfish species than                                           fisheries and not dependent on any one.
                                                                                                                           vessels enrolled in the common pool.                                          However, not all are equally diversified.
                                                  The proposed action will directly                                          As of June 1, 2015 (just after the start                                    This action is most likely to affect those
                                               impact entities engaged in the limited                                      of the 2015 fishing year), there were                                         entities that depend most heavily on
                                               access groundfish fishery. The limited                                      1,068 individual limited access                                               sales from harvesting groundfish
                                               access groundfish fishery consists of                                       multispecies permits. Of these, 627 were                                      species. There are 61 entities that are
                                               those enrolled in the sector program and                                    enrolled in the sector program, and 441                                       groundfish-dependent (obtain more than
                                               those in the common pool. Both sectors                                      were in the common pool. For fishing                                          50 percent of gross sales from
                                               and the common pool are subject to                                          year 2014, which is the most recent                                           groundfish species), all of which are
                                               catch limits, and accountability                                            complete fishing year, 717 of these                                           small, and all but one of which are
                                               measures that prevent fishing in a                                          limited access permits had landings of                                        finfish commercial harvesting
                                               respective stock area when the entire                                       any species, and 273 of these permits                                         businesses.
                                               catch limit has been caught.                                                had landings of groundfish species.                                           Limited Access Scallop Fisheries
                                               Additionally, common pool vessels are                                         Of the 1,068 individual limited access
                                               subject to DAS restrictions and trip                                        multispecies permits potentially                                                 The limited access scallop fisheries
                                               limits. All permit holders are eligible to                                  impacted by this action, there are 661                                        include Limited Access (LA) scallop
                                               enroll in the sector program; however,
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                                                                                                                           distinct ownership entities. Of these,                                        permits and Limited Access General
                                               many vessels remain in the common                                           649 are categorized as small entities,                                        Category (LGC) scallop permits. LA
                                               pool because they have low catch                                            and 12 are categorized as large entities.                                     scallop businesses are subject to a
                                               histories of groundfish stocks, which                                       However, these totals may mask some                                           mixture of DAS restrictions and
                                               translate into low PSCs. Low PSCs limit                                     diversity among the entities. Many, if                                        dedicated area trip restrictions. LGC
                                               a vessel’s viability in the sector                                          not most, of these ownership entities                                         scallop businesses are able to acquire
                                               program. In general, businesses enrolled                                    maintain diversified harvest portfolios,                                      and trade LGC scallop quota, and there
                                               in the sector program rely more heavily                                     obtaining gross sales from many                                               is an annual cap on quota/landings. The


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                                                                       Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules                                            15029

                                               scallop fishery receives an allocation for              multispecies (whiting) fishery, vessels               sales was approximately $27,650 for a
                                               GB and SNE/MA yellowtail flounder                       must hold either a limited access                     charter business and $13,500 for a party
                                               and southern windowpane flounder. If                    multispecies permit or an open access                 boat. Based on the available
                                               these allocations are exceeded,                         multispecies permit. Limited access                   information, no business approached
                                               accountability measures are                             multispecies permit holders can only                  the $7.5 million large business
                                               implemented in a subsequent fishing                     target whiting when not fishing under a               threshold. Therefore, the 425 potentially
                                               year. These accountability measures                     DAS or a sector trip, and while declared              regulated party/charter entities are all
                                               close certain areas of high groundfish                  out of the fishery. A description of                  considered small businesses.
                                               bycatch to scallop fishery, and the                     limited access multispecies permits was
                                               length of the closure depends on the                    provided above. Many of these vessels                 Description of the Projected Reporting,
                                               magnitude of the overage.                               target both whiting and longfin squid on              Recordkeeping, and Other Compliance
                                                  Of the total commercial business                     small-mesh trips, and, therefore, most of             Requirements of This Proposed Rule
                                               entities potentially affected by this                   them also have open access or limited
                                               action (1,359), there are 169 scallop                   access Squid, Mackerel, and Butterfish                   The proposed action contains a
                                               fishing entities. The majority of these                 (SMB) permits. As a result, SMB permits               collection-of-information requirement
                                               entities are defined as shellfish                       were not handled separately in this                   subject to review and approval by the
                                               businesses (166). However, three of                     analysis.                                             Office of Management and Budget
                                               these entities are defined as finfish                      The small-mesh fisheries receive an                (OMB) under the Paperwork Reduction
                                               businesses, all of which are small. Of                  allocation of GB yellowtail flounder. If              Act (PRA). This requirement will be
                                               the total scallop fishing entities, 154                 this allocation is exceeded, an                       submitted to OMB for approval under
                                               entities are classified as small entities.              accountability measure is triggered for a             OMB Control Number 0648–0605:
                                                                                                       subsequent fishing year. The                          Northeast Multispecies Amendment 16
                                               Midwater Trawl Fishery
                                                                                                       accountability measure requires small-                Data Collection. The proposed action
                                                  There are five categories of permits for             mesh vessels to use selective trawl gear              does not duplicate, overlap, or conflict
                                               the herring fishery. Three of these                     when fishing on GB. This gear                         with any other Federal rules.
                                               permit categories are limited access, and               restriction is only implemented for 1
                                               vary based on the allowable herring                                                                              This action proposes to adjust the
                                                                                                       year as a result of an overage, and is                ACE transfer request requirement
                                               possession limits and areas fished. The                 removed as long as additional overages
                                               remaining two permit categories are                                                                           implemented through Amendment 16.
                                                                                                       do not occur.
                                               open access. Although there is a large                     Of the total commercial harvesting                 This rule would add a new entry field
                                               number of open access permits issued                    entities potentially affected by this                 to the Annual Catch Entitlement (ACE)
                                               each year, these categories are subject to              action, there are 1,007 small-mesh                    transfer request form to allow a sector to
                                               fairly low possession limits for herring,               entities. However, this is not necessarily            indicate how many pounds of eastern
                                               account for a very small amount of the                  informative because not all of these                  GB cod ACE it intends to re-allocate to
                                               herring landings, and derive relatively                 entities are active in the whiting fishery.           the Western U.S./Canada Area. This
                                               little revenue from the fishery. Only the               Based on the most recent information,                 change is necessary to allow a sector to
                                               midwater trawl herring fishery receives                 223 of these entities are considered                  apply for a re-allocation of eastern GB
                                               an allocation of GOM and GB haddock.                    active, with at least 1 lb of whiting                 ACE in order to increase fishing
                                               Once the entire allocation for either                   landed. Of these entities, 167 are                    opportunities in the Western U.S./
                                               stock has been caught, the directed                     defined as finfish businesses, all of                 Canada Area. Currently, all sectors use
                                               herring fishery for midwater trawl                      which are small. There are 56 entities                the ACE transfer request form to initiate
                                               vessels is closed in the respective area                that are defined as shellfish businesses,             ACE transfers with other sectors, or to
                                               for the remainder of the fishing year.                  and 54 of these are considered small.                 re-allocation eastern GB haddock ACE
                                               Additionally, if the midwater trawl                     Because there is overlap with the                     to the Western U.S./Canada Area, via an
                                               fishery exceeds its allocation, the                     whiting and squid fisheries, it is likely             online or paper form to the Regional
                                               overage is deducted from its allocation                 that these shellfish entities derive most             Administrator. The proposed change
                                               in the following fishing year.                          of their revenues from the squid fishery.             adds a single field to this form, and
                                                  Of the total commercial business                                                                           would not affect the number of entities
                                               entities potentially regulated by this                  Regulated Recreational Party/Charter
                                                                                                                                                             required to comply with this
                                               action (1,359), there are 63 herring                    Fishing Entities
                                                                                                                                                             requirement. Therefore, the proposed
                                               fishing entities. Of these, 39 entities are               The charter/party permit is an open                 change would not be expected to
                                               defined as finfish businesses, all of                   access groundfish permit that can be                  increase the time or cost burden
                                               which are small. There are 24 entities                  requested at any time, with the                       associated with the ACE transfer request
                                               that are defined as shellfish businesses,               limitation that a vessel cannot have a                requirement. Public reporting burden
                                               and 18 of these are considered small.                   limited access groundfish permit and an               for this requirement includes the time
                                               For the purposes of this analysis, squid                open access party/charter permit                      for reviewing instructions, searching
                                               is classified as shellfish. Thus, because               concurrently. There are no qualification              existing data sources, gathering and
                                               there is some overlap with the herring                  criteria for this permit. Charter/party               maintaining the data needed, and
                                               and squid fisheries, it is likely that these            permits are subject to recreational                   completing and reviewing the collection
                                               shellfish entities derive most of their                 management measures, including                        of information.
                                               revenues from the squid fishery.                        minimum fish sizes, possession
                                                                                                                                                                Notwithstanding any other provision
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                                                                                                       restrictions, and seasonal closures.
                                               Small-Mesh Fisheries                                      During calendar year 2015, 425 party/               of the law, no person is required to
                                                  The small-mesh exempted fisheries                    charter permits were issued. Of these,                respond to, nor shall any person be
                                               allow vessels to harvest species in                     271 party/charter permit holders                      subject to a penalty for failure to comply
                                               designated areas using mesh sizes                       reported catching and retaining any                   with, a collection of information subject
                                               smaller than the minimum mesh size                      groundfish species on at least one for-               to the requirements of the PRA, unless
                                               required by the Northeast Multispecies                  hire trip. A 2013 report indicated that,              that collection of information displays a
                                               FMP. To participate in the small-mesh                   in the northeast U.S., the mean gross                 currently valid OMB Control Number.


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                                               15030                   Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules

                                               Federal Rules Which May Duplication,                    to 2015, due primarily to reductions in               would be no ACL for a number of the
                                               Overlap, or Conflict With This Proposed                 several GB and SNE/MA stocks (e.g., GB                groundfish stocks, and the fishery
                                               Rule                                                    cod, GB winter flounder, SNE/MA                       would be closed for the remainder of the
                                                 The proposed regulations do not                       yellowtail flounder, SNE/MA winter                    fishing year. This would result in
                                               create overlapping regulations with any                 flounder).                                            greater negative economic impacts for
                                                                                                          Southern New England ports are                     vessels compared to the proposed action
                                               state regulations or other federal laws.
                                                                                                       expected to be negatively impacted,                   due to lost revenues as a result of being
                                               Description of Significant Alternatives                 with New Jersey, New York, and Rhode                  unable to fish. The proposed action is
                                               to the Proposed Action Which                            Island predicted to incur revenue losses              predicted to result in approximately $69
                                               Accomplish the Stated Objectives of                     of 100 percent, 80 percent, and 62                    million in gross revenues from
                                               Applicable Statutes and Which                           percent, respectively, relative to 2015.              groundfish trips. Roughly 92 percent of
                                               Minimize Any Significant Economic                       These large revenue losses are also due               this revenue would be lost if no action
                                               Impact on Small Entities                                to reductions in GB and SNE/MA                        was taken to specify catch limits.
                                                                                                       stocks. Maine and Massachusetts are                   Further, if no action was taken, the
                                                  The economic impacts of each
                                                                                                       also predicted to incur revenue losses of             Magnuson-Stevens Act requirements to
                                               proposed measure is discussed in more
                                                                                                       16 percent and 6 percent, respectively,               achieve optimum yield and consider the
                                               detail in sections 7.4 and 8.11 of the
                                                                                                       as a result of the proposed catch limits,             needs of fishing communities would be
                                               Framework 55 Environmental
                                                                                                       while New Hampshire is expected to                    violated.
                                               Assessment and are not repeated here.                   have small increases in gross revenues                   Each of the 2016 ACL alternatives
                                               The only alternatives to the proposed                   of up to 8 percent. For major home                    show a decrease in gross revenue when
                                               action that accomplish the stated                       ports, New Bedford is predicted to see                compared to the 2015 fishing year.
                                               objectives and minimize significant                     a 47-percent decline in revenues relative             When compared against each other, the
                                               economic impacts on small entities are                  to 2015, and Point Judith expected to                 economic analysis of the various witch
                                               related to the witch flounder ABCs                      see a 58-percent decline. Boston and                  flounder ABC alternatives did not show
                                               under the annual catch limits and the                   Gloucester, meanwhile, are predicted to               any gain in gross revenue at the fishery
                                               alternative to modify the definition of                 have revenue increases of 31 and 29                   level, or any wide difference in vessel
                                               the haddock separator trawl.                            percent, respectively, compared to 2015.              and port-level gross revenue, as the
                                               Witch Flounder ABCs and Groundfish                         Two of the three non-selected                      witch flounder ABC increased. The
                                               Annual Catch Limits                                     alternatives would have set all                       economic analysis consistently showed
                                                                                                       groundfish allocations at the levels                  other stocks (GB cod, GOM cod, and
                                                  The proposed action would set catch                  described in Table 5, with the exception              SNE/MA yellowtail flounder) would be
                                               limits for all 20 groundfish stocks. For                of the witch flounder allocation. In the              more constraining than witch flounder,
                                               19 of the stocks, there is only a single                alternative where the witch flounder                  which may partially explain the lack of
                                               catch limit alternative to the No Action                ABC is set at 399 mt, gross revenues are              predicted revenue increases with higher
                                               alternative, described in Table 5 in the                predicted to be the same as for the                   witch flounder ABCs. In addition, there
                                               preamble. For witch flounder, there are                 proposed alternative (460-mt witch                    are other assumptions in the economic
                                               three non-selected alternatives to the                  flounder ABC), namely a 10-percent                    analysis that may mask sector and
                                               proposed ABC of 460 mt, namely 399                      decrease in gross revenues on                         vessel level impacts that could result
                                               mt, 500 mt, and the No Action                           groundfish trips, or $8 million,                      from alternatives with lower witch
                                               alternative. In each of these witch                     compared to predicted gross revenues                  flounder ABCs. Ultimately, the
                                               flounder alternatives, except for the No                for the 2015 fishing year. The 399-mt                 proposed alternative (460-mt witch
                                               Action alternative, all other groundfish                alternative is also expected to provide               flounder ABC) is expected to mitigate
                                               stock allocations would remain the                      the same changes in gross revenue by                  potential economic impacts to fishing
                                               same as those described in Table 5. It is               vessels size class. In the alternative                communities compared to both the No
                                               important to note that all of the non-                  where the witch flounder ABC is set at                Action alternative and the 399-mt witch
                                               selected action alternatives assume a 14-               500 mt, gross revenues are predicted to               flounder ABC alternative, while
                                               percent target ASM coverage level for                   be slightly lower than the proposed                   reducing the biological concerns of an
                                               2016. The No Action alternative                         alternative, namely an 11-percent                     increased risk of overfishing compared
                                               assumes a 41-percent target ASM                         decrease in gross revenues on                         to the 500-mt witch flounder ABC
                                               coverage level for 2016.                                groundfish trips, or $9 million,                      alternative.
                                                  For the commercial groundfish                        compared to predicted gross revenues                     The proposed catch limits are based
                                               fishery, the proposed catch limits (460                 for fishing year 2015. Vessels in the 30–             on the latest stock assessment
                                               mt witch flounder ABC) are expected to                  50 ft (9–15 m) category are expected to               information, which is considered the
                                               result in a 10-percent decrease in gross                see gross revenue increases of 4 percent.             best scientific information available,
                                               revenues on groundfish trips, or $8                     Vessels in the 50–75 ft (15–23 m) size                and the applicable requirements in the
                                               million, compared to predicted gross                    class are expected to see revenue                     FMP and the Magnuson-Stevens Act.
                                               revenues for the 2015 fishing year. The                 increases of 15 percent. The largest                  With the exception of witch flounder,
                                               impacts of the proposed catch limits                    vessels (75 ft (23 m) and greater) are                the only other possible alternatives to
                                               would not be uniformly distributed                      predicted to incur the largest decreases              the catch limits proposed in this action
                                               across vessels size classes and ports.                  in gross revenues revenue decreases of                that would mitigate negative impacts
                                               Vessels in the 30–50 ft (9–15 m)                        28 percent relative to 2015. State and                would be higher catch limits.
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                                               category are expected to see gross                      port-level impacts are also similar                   Alternative, higher catch limits,
                                               revenue increases of 2 percent. Vessels                 across the action alternatives.                       however, are not permissible under the
                                               in the 50–75 ft (15–23 m) size class are                   Under the No Action option,                        law because they would not be
                                               expected to see revenue increases of 19                 groundfish vessels would only have 3                  consistent with the goals and objectives
                                               percent. The largest vessels (75 ft (23 m)              months (May, June, and July) to operate               of the FMP, or the Magnuson-Stevens
                                               and greater) are predicted to incur the                 in the 2016 fishing year before the                   Act, particularly the requirement to
                                               largest decreases in gross revenues                     default specifications expire. Once the               prevent overfishing. The Magnuson-
                                               revenue decreases of 30 percent relative                default specifications expire, there                  Stevens Act, and case law, prevent


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                                                                       Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules                                            15031

                                               implementation of measures that                         and (f)(4) during the time periods                    ■ E. Revise paragraphs, (d), and
                                               conflict with conservation requirements,                specified.                                            (e)(3)(iv).
                                               even if it means negative impacts are                   ■ 3. In § 648.85, revise paragraph                       The revisions and additions read as
                                               not mitigated. The catch limits proposed                (a)(3)(iii)(A) to read as follows:                    follows:
                                               in this action are the highest allowed
                                                                                                       § 648.85    Special management programs.              § 648.87   Sector allocation.
                                               given the best scientific information
                                               available, the SSC’s recommendations,                      (a) * * *                                             (a) Procedure for approving/
                                               and requirements to end overfishing and                    (3) * * *                                          implementing a sector allocation
                                                                                                          (iii) * * *                                        proposal. (1) Any person may submit a
                                               rebuild fish stocks. The only other catch                  (A) Haddock Separator Trawl. A
                                               limits that would be legal would be                                                                           sector allocation proposal for a group of
                                                                                                       haddock separator trawl is defined as a               limited access NE multispecies vessels
                                               lower than those proposed in this                       groundfish trawl modified to a
                                               action, which would not mitigate the                                                                          to NMFS. The sector allocation proposal
                                                                                                       vertically-oriented trouser trawl                     must be submitted to the Council and
                                               economic impacts of the proposed catch                  configuration, with two extensions                    NMFS in writing by the deadline for
                                               limits.                                                 arranged one over the other, where a                  submitting an operations plan and
                                               Modification of the Definition of the                   codend shall be attached only to the                  preliminary sector contract that is
                                               Haddock Separator Trawl                                 upper extension, and the bottom                       specified in paragraph (b)(2) of this
                                                  The proposed action would modify                     extension shall be left open and have no              section. The proposal must include a
                                               the current definition of the haddock                   codend attached. A horizontal large-                  cover letter requesting the formation of
                                               separator trawl to require that the                     mesh separating panel constructed with                the new sector, a complete sector
                                               separator panel contrasts in color to the               a minimum of 6.0-inch (15.2-cm)                       operations plan and preliminary sector
                                               portions of the net that it separates. An               diamond mesh must be installed                        contract, prepared as described in in
                                               estimated 46 unique vessels had at least                between the selvedges joining the upper               paragraphs (b)(2) and (3) of this section,
                                               one trip that used a haddock separator                  and lower panels, as described in                     and appropriate analysis that assesses
                                               trawl from 2013–2015. The costs for                     paragraphs (a)(3)(iii)(A) and (B) of this             the impact of the proposed sector, in
                                               labor and installation of a new separator               section, extending forward from the                   compliance with the National
                                               panel are estimated to range from $560                  front of the trouser junction to the aft              Environmental Policy Act.
                                                                                                       edge of the first belly behind the fishing               (2) Upon receipt of a proposal to form
                                               to $1,400 per panel. The No Action
                                                                                                       circle. The horizontal large-mesh                     a new sector allocation, and following
                                               alternative would not modify the
                                                                                                       separating panel must be constructed                  the deadline for each sector to submit an
                                               current definition of the haddock
                                                                                                       with mesh of a contrasting color to the               operations plan, as described in
                                               separator trawl. The proposed action is
                                                                                                       upper and bottom extensions of the net                paragraph (b)(2) of this section, NMFS
                                               expected to expedite Coast Guard vessel
                                                                                                       that it separates.                                    will notify the Council in writing of its
                                               inspections when compared to the No
                                                                                                          (1) Two-seam bottom trawl nets—For                 intent to consider a new sector
                                               Action alternative, which could
                                                                                                       two seam nets, the separator panel will               allocation for approval. The Council
                                               improve enforceability of this gear type
                                                                                                       be constructed such that the width of                 will review the proposal(s) and
                                               and reduce delays in fishing operations
                                                                                                       the forward edge of the panel is 80–85                associated NEPA analyses at a
                                               while inspections occur.
                                                                                                       percent of the width of the after edge of             Groundfish Committee and Council
                                               List of Subjects in 50 CFR Part 648                     the first belly of the net where the panel            meeting, and provide its
                                                 Fisheries, Fishing, Recordkeeping and                 is attached. For example, if the belly is             recommendation on the proposed sector
                                               reporting requirements.                                 200 meshes wide (from selvedge to                     allocation to NMFS in writing. NMFS
                                                                                                       selvedge), the separator panel must be                will make final determinations
                                                 Dated: March 11, 2016.                                no wider than 160–170 meshes wide.                    regarding the approval of the new
                                               Samuel D. Rauch III,                                       (2) Four-seam bottom trawl nets—For                sectors based on review of the proposed
                                               Deputy Assistant Administrator for                      four seam nets, the separator panel will              operations plans, associated NEPA
                                               Regulatory Programs, National Marine                    be constructed such that the width of                 analyses, and the Council’s
                                               Fisheries Service.                                      the forward edge of the panel is 90–95                recommendations, and in a manner
                                                 For the reasons stated in the                         percent of the width of the after edge of             consistent with the Administrative
                                               preamble, 50 CFR part 648 is proposed                   the first belly of the net where the panel            Procedure Act. NMFS will only approve
                                               to be amended as follows:                               is attached. For example, if the belly is             a new sector that has received the
                                                                                                       200 meshes wide (from selvedge to                     Council’s endorsement.
                                               PART 648—FISHERIES OF THE                               selvedge), the separator panel must be
                                               NORTHEASTERN UNITED STATES                                                                                    *       *    *      *     *
                                                                                                       no wider than 180–190 meshes wide.                       (b) * * *
                                               ■ 1. The authority citation for part 648                The separator panel will be attached to                  (1) * * *
                                               continues to read as follows:                           both of the side panels of the net along                 (i) * * *
                                                                                                       the midpoint of the side panels. For                     (B) * * *
                                                   Authority: 16 U.S.C. 1801 et seq.                   example, if the side panel is 100 meshes                 (2) Re-allocation of haddock or cod
                                               ■ 2. In § 648.14, revise paragraph                      tall, the separator panel must be                     ACE. A sector may re-allocate all, or a
                                               (k)(16)(iii)(B) to read as follows:                     attached at the 50th mesh.                            portion, of a its haddock or cod ACE
                                                                                                       *       *    *      *     *                           specified to the Eastern U.S./Canada
                                               § 648.14    Prohibitions.                                                                                     Area, pursuant to paragraph
                                                                                                       ■ 3. In § 648.87:
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                                               *      *    *     *    *                                ■ A. Revise paragraphs (a)(1) and (2),                (b)(1)(i)(B)(1) of this section, to the
                                                 (k) * * *                                             (b)(1)(i)(B)(2), (b)(1)(v)(B) introductory            Western U.S./Canada Area at any time
                                                 (16) * * *                                            text, and (b)(1)(v)(B)(1)(i);                         during the fishing year, and up to 2
                                                 (iii) * * *                                           ■ B. Add paragraph (b)(1)(v)(B)(1)(ii);               weeks into the following fishing year
                                                 (B) Fail to comply with the                           ■ C. Revise paragraph (b)(4)(i)(G);                   (i.e., through May 14), unless otherwise
                                               requirements specified in                               ■ D. Add paragraphs (c)(2)(i)(A),                     instructed by NMFS, to cover any
                                               § 648.81(f)(5)(v) when fishing in the                   reserved paragraph (c)(2)(i)(B), and                  overages during the previous fishing
                                               areas described in § 648.81(d)(1), (e)(1),              (c)(4); and                                           year. Re-allocation of any ACE only


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                                               15032                   Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules

                                               becomes effective upon approval by                      to paragraph (b)(2)(xi) of this section,              (e.g., (percent coverage necessary to
                                               NMFS, as specified in paragraphs                        and must meet the operational                         meet the required coefficient of
                                               (b)(1)(i)(B)(2)(i) through (iii) of this                standards specified in paragraph (b)(5)               variation in year 1 + year 2 + year 3)/
                                               section. Re-allocation of haddock or cod                of this section. Electronic monitoring                3). The coverage level that will apply is
                                               ACE may only be made within a sector,                   may be used in place of actual observers              the maximum stock-specific rate after
                                               and not between sectors. For example,                   if the technology is deemed sufficient by             considering the following criteria. For a
                                               if 100 mt of a sector’s GB haddock ACE                  NMFS for a specific trip type based on                given fishing year, stocks that are not
                                               is specified to the Eastern U.S./Canada                 gear type and area fished, in a manner                overfished, with overfishing not
                                               Area, the sector could re-allocate up to                consistent with the Administrative                    occurring according to the most recent
                                               100 mt of that ACE to the Western U.S./                 Procedure Act. The level of coverage for              available stock assessment, and that in
                                               Canada Area.                                            trips by sector vessels is specified in               the previous fishing year have less than
                                                  (i) Application to re-allocate ACE. GB               paragraph (b)(1)(v)(B)(1) of this section.            75 percent of the sector sub-ACL
                                               haddock or GB cod ACE specified to the                  The at-sea/electronic monitoring                      harvested and less than 10 percent of
                                               Eastern U.S./Canada Area may be re-                     program shall be reviewed and                         catch comprised of discards, will not be
                                               allocated to the Western U.S./Canada                    approved by the Regional Administrator                used to predict the annual target
                                               Area through written request to the                     as part of a sector’s operations plans in             coverage level. A stock must meet all of
                                               Regional Administrator. This request                    a manner consistent with the                          these criteria to be eliminated as a
                                               must include the name of the sector, the                Administrative Procedure Act. A service               predictor for the annual target coverage
                                               amount of ACE to be re-allocated, and                   provider providing at-sea or electronic               level for a given year.
                                               the fishing year in which the ACE re-                   monitoring services pursuant to this                     (ii) A sector vessel that declares its
                                               allocation applies, as instructed by the                paragraph (b)(1)(v)(B) must meet the                  intent to exclusively fish using gillnets
                                               Regional Administrator.                                 service provider standards specified in               with a mesh size of 10-inch (25.4-cm) or
                                                  (ii) Approval of request to re-allocate              paragraph (b)(4) of this section, and be              greater in either the Inshore GB Stock
                                               ACE. NMFS shall approve or disapprove                   approved by NMFS in a manner
                                                                                                                                                             Area, as defined at § 648.10(k)(3)(ii),
                                               a request to re-allocate GB haddock or                  consistent with the Administrative
                                                                                                                                                             and/or the SNE Broad Stock Area, as
                                               GB cod ACE provided the sector, and its                 Procedure Act.
                                                                                                          (1) * * *                                          defined at § 648.10(k)(3)(iv), is not
                                               participating vessels, are in compliance                                                                      subject to the coverage rate specified in
                                               with the reporting requirements                            (i) At-sea/electronic monitoring.
                                                                                                       Coverage levels must be sufficient to at              this paragraph (b)(1)(v)(B)(1) of this
                                               specified in this part. The Regional                                                                          section provided that the trip is limited
                                               Administrator shall inform the sector in                least meet the coefficient of variation
                                                                                                       specified in the Standardized Bycatch                 to the Inshore GB and/or SNE Broad
                                               writing, within 2 weeks of the receipt of                                                                     Stock Areas and that the vessel only
                                                                                                       Reporting Methodology at the overall
                                               the sector’s request, whether the request                                                                     uses gillnets with a mesh size of 10-
                                                                                                       stock level for each stock of regulated
                                               to re-allocate ACE has been approved.                                                                         inches (25.4-cm) or greater. When on
                                                                                                       species and ocean pout, and to monitor
                                                  (iii) Duration of ACE re-allocation. GB                                                                    such a trip, other gear may be on board
                                                                                                       sector operations, to the extent
                                               haddock or GB cod ACE that has been                                                                           provided that it is stowed and not
                                                                                                       practicable, in order to reliably estimate
                                               re-allocated to the Western U.S./Canada                                                                       available for immediate use as defined
                                                                                                       overall catch by sector vessels. In
                                               Area pursuant to this paragraph                                                                               in § 648.2. A sector trip fishing with 10-
                                                                                                       making its determination, NMFS shall
                                               (b)(1)(i)(B)(2) is only valid for the                                                                         inch (25.4-cm) mesh or larger gillnets
                                                                                                       take into account the primary goal of the
                                               fishing year in which the re-allocation is                                                                    will still be subject to the annual
                                                                                                       at-sea/electronic monitoring program to
                                               approved, with the exception of any                                                                           coverage rate if the trip declares its
                                                                                                       verify area fished, as well as catch and
                                               requests that are submitted up to 2                     discards by species and gear type, in the             intent to fish in any part of the trip in
                                               weeks into the subsequent fishing year                  most cost-effective means practicable,                the GOM Stock area, as defined at
                                               to address any potential ACE overages                   the equally-weighted secondary goals                  § 648.10(k)(3)(i), or the Offshore GB
                                               from the previous fishing year, as                      and objectives of groundfish monitoring               Stock Area, as defined at
                                               provided in paragraph (b)(1)(iii) of this               programs detailed at § 648.11(l), the                 § 648.10(k)(3)(iii).
                                               section, unless otherwise instructed by                 National Standards and requirements of                *       *    *     *     *
                                               NMFS.                                                   the Magnuson-Stevens Act, and any                        (4) * * *
                                               *       *    *      *    *                              other relevant factors. NMFS will
                                                  (v) * * *                                                                                                     (i) * * *
                                                                                                       determine the total target coverage level
                                                  (B) Independent third-party                          (i.e., combined NEFOP coverage and at-                   (G) Evidence of adequate insurance
                                               monitoring program. A sector must                       sea/electronic monitoring coverage) for               (copies of which shall be provided to
                                               develop and implement an at-sea or                      the upcoming fishing year using the                   the vessel owner, operator, or vessel
                                               electronic monitoring program that is                   criteria in this paragraph. Annual                    manager, when requested) to cover
                                               satisfactory to, and approved by, NMFS                  coverage levels will be based on the                  injury, liability, and accidental death to
                                               for monitoring catch and discards and                   most recent 3-year average of the total               cover at-sea monitors (including during
                                               utilization of sector ACE, as specified in              required coverage level necessary to                  training); vessel owner; and service
                                               this paragraph (b)(1)(v)(B). The primary                reach the required coefficient of                     provider. NMFS will determine the
                                               goal of the at-sea/electronic monitoring                variation for each stock. For example, if             adequate level of insurance and notify
                                               program is to verify area fished, as well               data from the 2012 through 2014 fishing               potential service providers;
                                               as catch and discards by species and                    years are the most recent three complete              *       *    *     *     *
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                                               gear type, in the most cost-effective                   fishing years available for the fishing                  (c) * * *
                                               means practicable. All other goals and                  year 2016 projection, NMFS will use
                                               objectives of groundfish monitoring                                                                              (2) * * *
                                                                                                       data from these three years to determine
                                               programs at § 648.11(l) are considered                  2016 target coverage levels. For each                    (i) * * *
                                               equally-weighted secondary goals. The                   stock, the coverage level needed to                      (A) Fippennies Ledge Area. The
                                               details of any at-sea or electronic                     achieve the required coefficient of                   Fippennies Ledge Area is bounded by
                                               monitoring program must be specified                    variation would be calculated first for               the following coordinates, connected by
                                               in the sector’s operations plan, pursuant               each of the 3 years and then averaged                 straight lines in the order listed:


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                                                                             Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Proposed Rules                                                  15033

                                                             FIPPENNIES LEDGE AREA                           sectors identified in paragraphs (d)(1)                  (18) Northeast Fishery Sector XII.
                                                                                                             through (25) of this section, provided                   (19) Northeast Fishery Sector XIII.
                                                     Point             N. Latitude         W. Longitude      the operations plan is approved by the                   (20) Tristate Sector.
                                                                                                             Regional Administrator in accordance                     (21) Northeast Coastal Communities
                                               1   ................         42°50.0′             69°17.0′    with paragraph (c) of this section and                Sector.
                                               2   ................         42°44.0′             69°14.0′    each participating vessel and vessel                     (22) State of Maine Permit Banking
                                               3   ................         42°44.0′             69°18.0′
                                               4   ................         42°50.0′             69°21.0′
                                                                                                             operator and/or vessel owner complies                 Sector.
                                               1   ................         42°50.0′             69°17.0′    with the requirements of the operations                  (23) State of Rhode Island Permit
                                                                                                             plan, the requirements and conditions                 Bank Sector.
                                                 (B) [Reserved]                                              specified in the letter of authorization                 (24) State of New Hampshire Permit
                                                                                                             issued pursuant to paragraph (c) of this              Bank Sector.
                                               *     *     *     *     *
                                                                                                             section, and all other requirements                      (25) State of Massachusetts Permit
                                                 (4) Any sector may submit a written
                                                                                                             specified in this section. All operational            Bank Sector
                                               request to amend its approved
                                                                                                             aspects of these sectors shall be                     *      *     *      *     *
                                               operations plan to the Regional
                                                                                                             specified pursuant to the operations                     (e) * * *
                                               Administrator. If the amendment is
                                                                                                             plan and sector contract, as required by                 (3)
                                               administrative in nature, within the
                                                                                                             this section.                                            (iv) Reallocation of GB haddock or GB
                                               scope of, and consistent with the actions
                                                                                                                (1) GB Cod Hook Sector.                            cod ACE. Subject to the terms and
                                               and impacts previously considered for
                                                                                                                (2) GB Cod Fixed Gear Sector.                      conditions of the state-operated permit
                                               current sector operations, the Regional                          (3) Sustainable Harvest Sector.
                                               Administrator may approve an                                                                                        bank’s MOAs with NMFS, a state-
                                                                                                                (4) Sustainable Harvest Sector II.                 operated permit bank may re-allocate
                                               administrative amendment in writing.                             (5) Sustainable Harvest Sector III.
                                               The Regional Administrator may                                                                                      all, or a portion, of its GB haddock or
                                                                                                                (6) Port Clyde Community Groundfish                GB cod ACE specified for the Eastern
                                               approve substantive changes to an                             Sector.
                                               approved operations plan in a manner                                                                                U.S./Canada Area to the Western U.S./
                                                                                                                (7) Northeast Fishery Sector I.                    Canada Area provided it complies with
                                               consistent with the Administrative                               (8) Northeast Fishery Sector II.
                                               Procedure Act and other applicable law.                                                                             the requirements in paragraph
                                                                                                                (9) Northeast Fishery Sector III.
                                               All approved operations plan                                                                                        (b)(1)(i)(B)(2) of this section.
                                                                                                                (10) Northeast Fishery Sector IV.
                                               amendments will be published on the                              (11) Northeast Fishery Sector V.                   *      *     *      *     *
                                               regional office Web site and will be                             (12) Northeast Fishery Sector VI.                  § 648.89   [Amended]
                                               provided to the Council.                                         (13) Northeast Fishery Sector VII.
                                                 (d) Approved sector allocation                                 (14) Northeast Fishery Sector VIII.                ■ 4. In § 648.89, remove and reserve
                                               proposals. Eligible NE multispecies                              (15) Northeast Fishery Sector IX.                  paragraph (f)(3)(ii).
                                               vessels, as specified in paragraph (a)(3)                        (16) Northeast Fishery Sector X.                   [FR Doc. 2016–06186 Filed 3–18–16; 8:45 am]
                                               of this section, may participate in the                          (17) Northeast Fishery Sector XI.                  BILLING CODE 3510–22–P
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Document Created: 2016-03-19 01:00:59
Document Modified: 2016-03-19 01:00:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; request for comments.
DatesComments must be received by April 5, 2016.
ContactAja Szumylo, Fishery Policy Analyst, phone: 978-281-9195; email: [email protected]
FR Citation81 FR 15003 
RIN Number0648-BF62
CFR AssociatedFisheries; Fishing and Recordkeeping and Reporting Requirements

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