83_FR_39552 83 FR 39398 - Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Commercial Accountability Measure Framework Adjustment 13

83 FR 39398 - Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Commercial Accountability Measure Framework Adjustment 13

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 154 (August 9, 2018)

Page Range39398-39401
FR Document2018-17031

NMFS proposes modifications to the commercial summer flounder, scup, and black sea bass accountability measures, as recommended by the Mid-Atlantic Fishery Management Council. The proposed change would adjust the accountability measures based on the status of the stocks. This rule is intended to provide additional flexibility in determining when accountability measures are appropriate, similar to how the accountability measures are applied towards the recreational fisheries for these species.

Federal Register, Volume 83 Issue 154 (Thursday, August 9, 2018)
[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Proposed Rules]
[Pages 39398-39401]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-17031]


=======================================================================
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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 180220191-8191-01]
RIN 0648-BH80


Fisheries of the Northeastern United States; Summer Flounder, 
Scup, and Black Sea Bass Fisheries; Commercial Accountability Measure 
Framework Adjustment 13

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

ACTION: Proposed rule; request for comments.

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

SUMMARY: NMFS proposes modifications to the commercial summer flounder, 
scup, and black sea bass accountability measures, as recommended by the 
Mid-Atlantic Fishery Management Council. The proposed change would 
adjust the accountability measures based on the status of the stocks. 
This rule is intended to provide additional flexibility in determining 
when accountability measures are appropriate, similar to how the 
accountability

[[Page 39399]]

measures are applied towards the recreational fisheries for these 
species.

DATES: Comments must be received by September 10, 2018.

ADDRESSES: An environmental assessment (EA) was prepared for this 
action and describes the proposed measures and other considered 
alternatives, and provides an analysis of the impacts of the proposed 
measures and alternatives. Copies of the Summer Flounder, Scup, and 
Black Sea Bass Commercial Accountability Measure Framework, including 
the EA, are available on request from Dr. Christopher M. Moore, 
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 
800 North State Street, Dover, DE 19901. These documents are also 
accessible via the internet at http://www.mafmc.org/s/sfsbsb-commercial-AM-FW-draftEA.pdf.
    You may submit comments on this document, identified by NOAA-NMFS-
2018-0080, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0080,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.
    --OR--
    Mail: Submit written comments to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on the Proposed Rule to Modify the Summer Flounder, Scup, 
and Black Sea Bass Commercial Accountability Measures.''
    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 NMFS. All comments received are 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. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

FOR FURTHER INFORMATION CONTACT: Emily Gilbert, Fishery Policy Analyst, 
(978) 281-9244.

SUPPLEMENTARY INFORMATION: 

General Background

    The summer flounder, scup, and black sea bass fisheries are managed 
cooperatively under the provisions of the Summer Flounder, Scup, and 
Black Sea Bass Fishery Management Plan (FMP) developed by the Mid-
Atlantic Fishery Management Council and the Atlantic States Marine 
Fisheries Commission, in consultation with the New England and South 
Atlantic Fishery Management Councils. The management units specified in 
the FMP include summer flounder (Paralichthys dentatus) in U.S. waters 
of the Atlantic Ocean from the southern border of North Carolina 
northward to the U.S./Canada border, and scup (Stenotomus chrysops) and 
black sea bass (Centropristis striata) in U.S. waters of the Atlantic 
Ocean from 35[deg]13.3' N lat. (the approximate latitude of Cape 
Hatteras, North Carolina). States manage these three species within 3 
nautical miles (4.83 km) of their coasts, under the Commission's 
management plan for summer flounder, scup, and black sea bass. The 
applicable species-specific Federal regulations govern vessels and 
individual fishermen commercially fishing in Federal waters of the 
exclusive economic zone, as well as vessels possessing a summer 
flounder, scup, or black sea bass Federal charter/party vessel permit, 
regardless of where they fish. This rule proposes to modify current 
Federal regulations that require accountability measures (AM) when the 
commercial annual catch limit (ACL) is exceeded for any of these three 
species. AMs and ACLs are only required in the Federal FMP and, as 
such, no joint action is needed with the Commission.
    There are currently two types of commercial sector AMs for summer 
flounder, scup, and black sea bass. The first is a pound-for-pound 
landings overage repayment that is applied when the commercial quota is 
exceeded. This AM is functioning as intended and would not be adjusted 
by this action. The second is a non-landings based AM that is applied 
to the commercial annual catch target (ACT) when the commercial annual 
catch limit (ACL) has been exceeded and the overage is caused by 
commercial fishery discards. This action would adjust this non-landings 
based AM for summer flounder, scup, and black sea bass. The proposed 
revisions are designed to better account for the variability in 
commercial discard estimates and provide additional flexibility to 
these AMs based on stock status and the biological consequences, if 
any, of estimated discard overages. NMFS adopted similar AMs for the 
recreational fisheries managed by the Council in 2013 (78 FR 76759; 
December 19, 2013).

Proposed Action

    The Council reviewed the proposed regulations and deemed them 
necessary and appropriate to implement consistent with section 303(c) 
of the Magnuson-Stevens Conservation and Management Act.

Incorporate Stock Status in Non-Landings AM Determination

    This rule proposes the following system of AMs to be applied when 
discards cause the commercial ACL to be exceeded.
    (1) If the current biomass (B) is above the biomass target 
(BMSY) (i.e., B/BMSY >= 1), no overage payback is 
required.
    (2) If the current biomass is above the biomass threshold (i.e., 
not overfished), but below the biomass target (1 >= B/BMSY 
>= \1/2\), and the stock is not under a rebuilding plan, then the 
following non-landing payback is applied:
    a. If fishery discards cause the commercial ACL to be exceeded, but 
not the acceptable biological catch (ABC), no overage is required; or
    b. If the fishery discards casue the commercial ACL to be exceeded, 
and the ABC is exceeded, then a scaled, single-year adjustment to the 
commercial ACT would be made based on stock biomass (as explained 
below), so that the adjustment is larger the closer the overall biomass 
is to the threshold.
    (3) If the stock is overfished (i.e., the most recent estimate of 
biomass is below the threshold, or B/BMSY < \1/2\), under a 
rebuilding plan, or the biological reference points (i.e., stock 
status) are unknown, then a pound-for-pound payback is required for any 
non-landings overage.

Scaled Payback Calculation

    The Council recommends that the amount of a payback (if determined 
to be appropriate under criteria 2b, as defined above) be scaled 
relative to the biomass. The payback would be calculated as the 
difference between the catch and the ACL (i.e., the overage amount) and 
the payback coefficient. The payback coefficient is equal to the 
difference between the most recent estimate of BMSY and the 
current biomass, divided by \1/2\ BMSY.
    This would result in a smaller payback the closer the estimated 
biomass is to the target and a larger payback the farther away the 
estimated biomass is from the target. This scaling is intended to 
minimize impacts of a payback for healthy stocks, while still 
accounting for the biological

[[Page 39400]]

consequences of the overage. As previously noted under criterion 3, 
this scaling would not be used if the stock was overfished (i.e., if B/
BMSY < \1/2\), or if the stock status is unknown. In those 
cases, the payback would be equal to the full amount of the overage.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
Assistant Administrator has determined that this proposed rule is 
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities.
    The Council conducted an evaluation of the potential socioeconomic 
impacts of the proposed measures in conjunction with an environmental 
assessment. According to the commercial ownership database, 910 
affiliate firms landed summer flounder, scup, and/or black sea bass 
during 2014-2016, with 906 of those business affiliates categorized as 
small business and four categorized as large business. Summer flounder, 
scup, and black sea bass represented approximately 12 percent of the 
average gross receipts of the small entities considered and 3 percent 
of the average receipts of the large entities considered over this time 
period. This action does not affect the for-hire recreational fishery.
    Analyses indicate that the proposed action would range from no 
payback or to a pound-for-pound payback (status quo) and is not 
expected to substantially change fishing effort or the spatial and/or 
temporal distribution of current fishing effort. The proposed non-
landing AM payback alternative is expected to minimize the frequency 
and magnitude of non-landing annual catch limit overage repayments. 
This alternative would make regulated small entities no worse off than 
they would be if no action was taken, and better off under current and 
expected future stock conditions.
    There are no new reporting or recordkeeping requirements contained 
in any of the alternatives considered for this action.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: August 3, 2018.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
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.  648.103, paragraph (b)(3) is revised to read as follows:


Sec.  648.103  Summer flounder accountability measures.

* * * * *
    (b) * * *
    (3) Non-landing accountability measure. In the event that the 
commercial ACL is exceeded and that the overage has not been 
accommodated through the landings-based AM, then the following 
procedure will be followed:
    (i) Overfishing, rebuilding, or unknown stock status. If the most 
recent estimate of biomass is below the BMSY threshold 
(i.e., B/BMSY is less than 0.5), the stock is under a 
rebuilding plan, or the biological reference points (B or 
BMSY) are unknown, and the commercial ACL has been exceeded, 
then the exact amount, in pounds, by which the most recent year's 
commercial catch estimate exceeded the most recent year's commercial 
ACL will be deducted, in the following fishing year from the commercial 
ACT, as a single-year adjustment.
    (ii) If biomass is above the threshold, but below the target, and 
the stock is not under rebuilding. If the most recent estimate of 
biomass is above the biomass threshold (B/BMSY is greater 
than 0.5), but below the biomass target (B/BMSY is less than 
1.0), and the stock is not under a rebuilding plan, then the following 
AMs will apply:
    (A) If the Commercial ACL has been exceeded, but not the overall 
ABC, then no single-year AM payback is required.
    (B) If the Commercial ACL and ABC have been exceeded, then a scaled 
single-year adjustment to the commercial ACT will be made, in the 
following fishing year. The ACT will be reduced by the exact amount, in 
pounds, of the product of the overage, defined as the difference 
between the commercial catch and the commercial ACT, and the payback 
coefficient. The payback coefficient is the difference between the most 
recent estimate of biomass and BMSY (i.e., BMSY - 
B) divided by one-half of BMSY.
    (iii) If biomass is above BMSY. If the most recent 
estimate of biomass is above BMSY (i.e., B/BMSY 
is greater than 1.0), then no single-year AM payback is required.
* * * * *
0
3. In Sec.  648.123, paragraph (b) is revised to read as follows:


Sec.  648.123   Scup accountability measures.

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

[[Page 39401]]

then no single-year AM payback is required.
* * * * *
0
4. In Sec.  648.143, paragraph (b) is revised to read as follows:


Sec.  648.143  Black sea bass accountability measures.

* * * * *
    (b) Non-landing accountability measure. In the event that the 
commercial ACL has been exceeded and the overage has not been 
accommodated through the landings-based AM, then the following 
procedure will be followed:
    (1) Overfishing, rebuilding, or unknown stock status. If the most 
recent estimate of biomass is below the BMSY threshold 
(i.e., B/BMSY is less than 0.5), the stock is under a 
rebuilding plan, or the biological reference points (B or 
BMSY) are unknown, and the commercial ACL has been exceeded, 
then the exact amount, in pounds, by which the most recent year's 
commercial catch estimate exceeded the most recent year's commercial 
ACL will be deducted, in the following fishing year from the commercial 
ACT, as a single-year adjustment.
    (2) If biomass is above the threshold, but below the target, and 
the stock is not under rebuilding. If the most recent estimate of 
biomass is above the biomass threshold (B/BMSY is greater 
than 0.5), but below the biomass target (B/BMSY is less than 
1.0), and the stock is not under a rebuilding plan, then the following 
AMs will apply:
    (i) If the Commercial ACL has been exceeded, but not the overall 
ABC, then no single-year AM payback is required.
    (ii) If the Commercial ACL and ABC have been exceeded, then a 
scaled single-year adjustment to the commercial ACT will be made, in 
the following fishing year. The ACT will be reduced by the exact 
amount, in pounds, of the product of the overage, defined as the 
difference between the commercial catch and the commercial ACT, and the 
payback coefficient. The payback coefficient is the difference between 
the most recent estimate of biomass and BMSY (i.e., 
BMSY - B) divided by one-half of BMSY.
    (3) If biomass is above BMSY. If the most recent 
estimate of biomass is above BMSY (i.e., B/BMSY 
is greater than 1.0), then no single-year AM payback is required.
* * * * *
[FR Doc. 2018-17031 Filed 8-8-18; 8:45 am]
 BILLING CODE 3510-22-P



                                                  39398                  Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Proposed Rules




                                                  [FR Doc. C1–2018–14985 Filed 8–6–18; 4:15 pm]           DEPARTMENT OF COMMERCE                                Atmospheric Administration (NOAA),
                                                  BILLING CODE 1301–00–D                                                                                        Commerce.
                                                                                                          National Oceanic and Atmospheric
                                                                                                          Administration                                              Proposed rule; request for
                                                                                                                                                                ACTION:
                                                                                                                                                                comments.
                                                                                                          50 CFR Part 648
                                                                                                                                                                SUMMARY:    NMFS proposes
                                                                                                          [Docket No. 180220191–8191–01]
                                                                                                                                                                modifications to the commercial
                                                                                                                                                                summer flounder, scup, and black sea
                                                                                                                                                                bass accountability measures, as
                                                                                                          RIN 0648–BH80                                         recommended by the Mid-Atlantic
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                          Fisheries of the Northeastern United                  Fishery Management Council. The
                                                                                                          States; Summer Flounder, Scup, and                    proposed change would adjust the
                                                                                                          Black Sea Bass Fisheries; Commercial                  accountability measures based on the
                                                                                                          Accountability Measure Framework                      status of the stocks. This rule is
                                                                                                          Adjustment 13                                         intended to provide additional
                                                                                                                                                                flexibility in determining when
                                                                                                          AGENCY:  National Marine Fisheries                    accountability measures are appropriate,
                                                                                                                                                                                                           EP09AU18.002</GPH>




                                                                                                          Service (NMFS), National Oceanic and                  similar to how the accountability


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                                                                         Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Proposed Rules                                            39399

                                                  measures are applied towards the                        General Background                                    Council in 2013 (78 FR 76759;
                                                  recreational fisheries for these species.                  The summer flounder, scup, and                     December 19, 2013).
                                                  DATES: Comments must be received by                     black sea bass fisheries are managed                  Proposed Action
                                                  September 10, 2018.                                     cooperatively under the provisions of
                                                                                                                                                                  The Council reviewed the proposed
                                                  ADDRESSES: An environmental                             the Summer Flounder, Scup, and Black
                                                                                                          Sea Bass Fishery Management Plan                      regulations and deemed them necessary
                                                  assessment (EA) was prepared for this                                                                         and appropriate to implement
                                                  action and describes the proposed                       (FMP) developed by the Mid-Atlantic
                                                                                                          Fishery Management Council and the                    consistent with section 303(c) of the
                                                  measures and other considered                                                                                 Magnuson-Stevens Conservation and
                                                  alternatives, and provides an analysis of               Atlantic States Marine Fisheries
                                                                                                          Commission, in consultation with the                  Management Act.
                                                  the impacts of the proposed measures
                                                  and alternatives. Copies of the Summer                  New England and South Atlantic                        Incorporate Stock Status in Non-
                                                  Flounder, Scup, and Black Sea Bass                      Fishery Management Councils. The                      Landings AM Determination
                                                  Commercial Accountability Measure                       management units specified in the FMP                    This rule proposes the following
                                                  Framework, including the EA, are                        include summer flounder (Paralichthys                 system of AMs to be applied when
                                                  available on request from Dr.                           dentatus) in U.S. waters of the Atlantic              discards cause the commercial ACL to
                                                  Christopher M. Moore, Executive                         Ocean from the southern border of                     be exceeded.
                                                  Director, Mid-Atlantic Fishery                          North Carolina northward to the U.S./                    (1) If the current biomass (B) is above
                                                  Management Council, Suite 201, 800                      Canada border, and scup (Stenotomus                   the biomass target (BMSY) (i.e., B/BMSY ≥
                                                  North State Street, Dover, DE 19901.                    chrysops) and black sea bass                          1), no overage payback is required.
                                                  These documents are also accessible via                 (Centropristis striata) in U.S. waters of                (2) If the current biomass is above the
                                                  the internet at http://www.mafmc.org/s/                 the Atlantic Ocean from 35°13.3′ N lat.               biomass threshold (i.e., not overfished),
                                                  sfsbsb-commercial-AM-FW-draftEA.pdf.                    (the approximate latitude of Cape                     but below the biomass target (1 ≥ B/
                                                     You may submit comments on this                      Hatteras, North Carolina). States manage              BMSY ≥ 1⁄2), and the stock is not under
                                                  document, identified by NOAA–NMFS–                      these three species within 3 nautical                 a rebuilding plan, then the following
                                                  2018–0080, by either of the following                   miles (4.83 km) of their coasts, under                non-landing payback is applied:
                                                  methods:                                                the Commission’s management plan for                     a. If fishery discards cause the
                                                     Electronic Submission: Submit all                    summer flounder, scup, and black sea                  commercial ACL to be exceeded, but not
                                                  electronic public comments via the                      bass. The applicable species-specific                 the acceptable biological catch (ABC),
                                                  Federal e-Rulemaking Portal.                            Federal regulations govern vessels and                no overage is required; or
                                                     1. Go to www.regulations.gov/                        individual fishermen commercially                        b. If the fishery discards casue the
                                                  #!docketDetail;D=NOAA-NMFS-2018-                        fishing in Federal waters of the                      commercial ACL to be exceeded, and
                                                  0080,                                                   exclusive economic zone, as well as                   the ABC is exceeded, then a scaled,
                                                     2. Click the ‘‘Comment Now!’’ icon,                  vessels possessing a summer flounder,                 single-year adjustment to the
                                                  complete the required fields, and                       scup, or black sea bass Federal charter/              commercial ACT would be made based
                                                     3. Enter or attach your comments.                    party vessel permit, regardless of where              on stock biomass (as explained below),
                                                     —OR—                                                 they fish. This rule proposes to modify               so that the adjustment is larger the
                                                     Mail: Submit written comments to                     current Federal regulations that require              closer the overall biomass is to the
                                                  Michael Pentony, Regional                               accountability measures (AM) when the                 threshold.
                                                  Administrator, National Marine                          commercial annual catch limit (ACL) is                   (3) If the stock is overfished (i.e., the
                                                  Fisheries Service, 55 Great Republic                    exceeded for any of these three species.              most recent estimate of biomass is
                                                  Drive, Gloucester, MA 01930. Mark the                   AMs and ACLs are only required in the                 below the threshold, or B/BMSY < 1⁄2),
                                                  outside of the envelope, ‘‘Comments on                  Federal FMP and, as such, no joint                    under a rebuilding plan, or the
                                                  the Proposed Rule to Modify the                         action is needed with the Commission.                 biological reference points (i.e., stock
                                                                                                             There are currently two types of                   status) are unknown, then a pound-for-
                                                  Summer Flounder, Scup, and Black Sea
                                                                                                          commercial sector AMs for summer                      pound payback is required for any non-
                                                  Bass Commercial Accountability
                                                                                                          flounder, scup, and black sea bass. The               landings overage.
                                                  Measures.’’
                                                                                                          first is a pound-for-pound landings
                                                     Instructions: Comments sent by any                                                                         Scaled Payback Calculation
                                                                                                          overage repayment that is applied when
                                                  other method, to any other address or
                                                                                                          the commercial quota is exceeded. This                   The Council recommends that the
                                                  individual, or received after the end of
                                                                                                          AM is functioning as intended and                     amount of a payback (if determined to
                                                  the comment period, may not be
                                                                                                          would not be adjusted by this action.                 be appropriate under criteria 2b, as
                                                  considered by NMFS. All comments
                                                                                                          The second is a non-landings based AM                 defined above) be scaled relative to the
                                                  received are part of the public record
                                                                                                          that is applied to the commercial annual              biomass. The payback would be
                                                  and will generally be posted for public
                                                                                                          catch target (ACT) when the commercial                calculated as the difference between the
                                                  viewing on www.regulations.gov
                                                                                                          annual catch limit (ACL) has been                     catch and the ACL (i.e., the overage
                                                  without change. All personal identifying
                                                                                                          exceeded and the overage is caused by                 amount) and the payback coefficient.
                                                  information (e.g., name, address, etc.),
                                                                                                          commercial fishery discards. This action              The payback coefficient is equal to the
                                                  confidential business information, or
                                                                                                          would adjust this non-landings based                  difference between the most recent
                                                  otherwise sensitive information
                                                                                                          AM for summer flounder, scup, and                     estimate of BMSY and the current
                                                  submitted voluntarily by the sender will
                                                                                                          black sea bass. The proposed revisions                biomass, divided by 1⁄2 BMSY.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  be publicly accessible. NMFS will
                                                                                                          are designed to better account for the                   This would result in a smaller
                                                  accept anonymous comments (enter
                                                                                                          variability in commercial discard                     payback the closer the estimated
                                                  ‘‘N/A’’ in the required fields if you wish
                                                                                                          estimates and provide additional                      biomass is to the target and a larger
                                                  to remain anonymous).
                                                                                                          flexibility to these AMs based on stock               payback the farther away the estimated
                                                  FOR FURTHER INFORMATION CONTACT:                        status and the biological consequences,               biomass is from the target. This scaling
                                                  Emily Gilbert, Fishery Policy Analyst,                  if any, of estimated discard overages.                is intended to minimize impacts of a
                                                  (978) 281–9244.                                         NMFS adopted similar AMs for the                      payback for healthy stocks, while still
                                                  SUPPLEMENTARY INFORMATION:                              recreational fisheries managed by the                 accounting for the biological


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                                                  39400                  Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Proposed Rules

                                                  consequences of the overage. As                         List of Subjects in 50 CFR Part 648                   ACT, and the payback coefficient. The
                                                  previously noted under criterion 3, this                  Fisheries, Fishing, Recordkeeping and               payback coefficient is the difference
                                                  scaling would not be used if the stock                  reporting requirements.                               between the most recent estimate of
                                                  was overfished (i.e., if B/BMSY < 1⁄2), or                                                                    biomass and BMSY (i.e., BMSY ¥ B)
                                                  if the stock status is unknown. In those                  Dated: August 3, 2018.                              divided by one-half of BMSY.
                                                  cases, the payback would be equal to the                Samuel D. Rauch, III,
                                                                                                                                                                  (iii) If biomass is above BMSY. If the
                                                  full amount of the overage.                             Deputy Assistant Administrator for                    most recent estimate of biomass is above
                                                                                                          Regulatory Programs, National Marine
                                                  Classification                                          Fisheries Service.
                                                                                                                                                                BMSY (i.e., B/BMSY is greater than 1.0),
                                                                                                                                                                then no single-year AM payback is
                                                     Pursuant to section 304(b)(1)(A) of the                For the reasons set out in the                      required.
                                                  Magnuson-Stevens Act, the Assistant                     preamble, 50 CFR part 648 is proposed
                                                                                                                                                                *      *      *   *     *
                                                  Administrator has determined that this                  to be amended as follows:
                                                                                                                                                                ■ 3. In § 648.123, paragraph (b) is
                                                  proposed rule is consistent with the                                                                          revised to read as follows:
                                                  Summer Flounder, Scup, and Black Sea                    PART 648—FISHERIES OF THE
                                                  Bass FMP, other provisions of the                       NORTHEASTERN UNITED STATES                            § 648.123   Scup accountability measures.
                                                  Magnuson-Stevens Act, and other                         ■ 1. The authority citation for part 648              *       *     *   *     *
                                                  applicable law, subject to further                      continues to read as follows:                            (b) Non-landing accountability
                                                  consideration after public comment.                                                                           measure. In the event that the
                                                                                                              Authority: 16 U.S.C. 1801 et seq.
                                                     This proposed rule has been                                                                                commercial ACL has been exceeded and
                                                  determined to be not significant for                    ■ 2. In § 648.103, paragraph (b)(3) is                the overage has not been accommodated
                                                  purposes of Executive Order 12866.                      revised to read as follows:                           through the landings-based AM, then
                                                     The Chief Counsel for Regulation of                  § 648.103 Summer flounder accountability              the following procedure will be
                                                  the Department of Commerce certified                    measures.                                             followed:
                                                  to the Chief Counsel for Advocacy of the                *       *     *    *     *                               (1) Overfishing, rebuilding, or
                                                  Small Business Administration that this                    (b) * * *                                          unknown stock status. If the most recent
                                                  proposed rule, if adopted, would not                       (3) Non-landing accountability                     estimate of biomass is below the BMSY
                                                  have a significant economic impact on                   measure. In the event that the                        threshold (i.e., B/BMSY is less than 0.5),
                                                  a substantial number of small entities.                 commercial ACL is exceeded and that                   the stock is under a rebuilding plan, or
                                                     The Council conducted an evaluation                  the overage has not been accommodated                 the biological reference points (B or
                                                  of the potential socioeconomic impacts                  through the landings-based AM, then                   BMSY) are unknown, and the commercial
                                                  of the proposed measures in                             the following procedure will be                       ACL has been exceeded, then the exact
                                                  conjunction with an environmental                       followed:                                             amount, in pounds, by which the most
                                                  assessment. According to the                               (i) Overfishing, rebuilding, or                    recent year’s commercial catch estimate
                                                  commercial ownership database, 910                      unknown stock status. If the most recent              exceeded the most recent year’s
                                                  affiliate firms landed summer flounder,                 estimate of biomass is below the BMSY                 commercial ACL will be deducted, in
                                                  scup, and/or black sea bass during                      threshold (i.e., B/BMSY is less than 0.5),            the following fishing year from the
                                                  2014–2016, with 906 of those business                   the stock is under a rebuilding plan, or              commercial ACT, as a single-year
                                                  affiliates categorized as small business                the biological reference points (B or                 adjustment.
                                                  and four categorized as large business.                 BMSY) are unknown, and the commercial                    (2) If biomass is above the threshold,
                                                  Summer flounder, scup, and black sea                    ACL has been exceeded, then the exact                 but below the target, and the stock is not
                                                  bass represented approximately 12                       amount, in pounds, by which the most                  under rebuilding. If the most recent
                                                  percent of the average gross receipts of                recent year’s commercial catch estimate               estimate of biomass is above the
                                                  the small entities considered and 3                     exceeded the most recent year’s                       biomass threshold (B/BMSY is greater
                                                  percent of the average receipts of the                  commercial ACL will be deducted, in                   than 0.5), but below the biomass target
                                                  large entities considered over this time                the following fishing year from the                   (B/BMSY is less than 1.0), and the stock
                                                  period. This action does not affect the                 commercial ACT, as a single-year                      is not under a rebuilding plan, then the
                                                  for-hire recreational fishery.                          adjustment.                                           following AMs will apply:
                                                                                                             (ii) If biomass is above the threshold,
                                                     Analyses indicate that the proposed                                                                           (i) If the Commercial ACL has been
                                                                                                          but below the target, and the stock is not
                                                  action would range from no payback or                                                                         exceeded, but not the overall ABC, then
                                                                                                          under rebuilding. If the most recent
                                                  to a pound-for-pound payback (status                                                                          no single-year AM payback is required.
                                                                                                          estimate of biomass is above the
                                                  quo) and is not expected to substantially               biomass threshold (B/BMSY is greater                     (ii) If the Commercial ACL and ABC
                                                  change fishing effort or the spatial and/               than 0.5), but below the biomass target               have been exceeded, then a scaled
                                                  or temporal distribution of current                     (B/BMSY is less than 1.0), and the stock              single-year adjustment to the
                                                  fishing effort. The proposed non-landing                is not under a rebuilding plan, then the              commercial ACT will be made, in the
                                                  AM payback alternative is expected to                   following AMs will apply:                             following fishing year. The ACT will be
                                                  minimize the frequency and magnitude                       (A) If the Commercial ACL has been                 reduced by the exact amount, in
                                                  of non-landing annual catch limit                       exceeded, but not the overall ABC, then               pounds, of the product of the overage,
                                                  overage repayments. This alternative                    no single-year AM payback is required.                defined as the difference between the
                                                  would make regulated small entities no                     (B) If the Commercial ACL and ABC                  commercial catch and the commercial
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                                                  worse off than they would be if no                      have been exceeded, then a scaled                     ACT, and the payback coefficient. The
                                                  action was taken, and better off under                  single-year adjustment to the                         payback coefficient is the difference
                                                  current and expected future stock                       commercial ACT will be made, in the                   between the most recent estimate of
                                                  conditions.                                             following fishing year. The ACT will be               biomass and BMSY (i.e., BMSY ¥ B)
                                                     There are no new reporting or                        reduced by the exact amount, in                       divided by one-half of BMSY.
                                                  recordkeeping requirements contained                    pounds, of the product of the overage,                   (3) If biomass is above BMSY. If the
                                                  in any of the alternatives considered for               defined as the difference between the                 most recent estimate of biomass is above
                                                  this action.                                            commercial catch and the commercial                   BMSY (i.e., B/BMSY is greater than 1.0),


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                                                                         Federal Register / Vol. 83, No. 154 / Thursday, August 9, 2018 / Proposed Rules                                                39401

                                                  then no single-year AM payback is                       BMSY) are unknown, and the commercial                   (ii) If the Commercial ACL and ABC
                                                  required.                                               ACL has been exceeded, then the exact                 have been exceeded, then a scaled
                                                  *     *     *     *     *                               amount, in pounds, by which the most                  single-year adjustment to the
                                                  ■ 4. In § 648.143, paragraph (b) is                     recent year’s commercial catch estimate               commercial ACT will be made, in the
                                                  revised to read as follows:                             exceeded the most recent year’s                       following fishing year. The ACT will be
                                                                                                          commercial ACL will be deducted, in                   reduced by the exact amount, in
                                                  § 648.143 Black sea bass accountability                 the following fishing year from the                   pounds, of the product of the overage,
                                                  measures.                                                                                                     defined as the difference between the
                                                                                                          commercial ACT, as a single-year
                                                  *     *     *     *    *                                adjustment.                                           commercial catch and the commercial
                                                    (b) Non-landing accountability                                                                              ACT, and the payback coefficient. The
                                                                                                             (2) If biomass is above the threshold,             payback coefficient is the difference
                                                  measure. In the event that the
                                                                                                          but below the target, and the stock is not            between the most recent estimate of
                                                  commercial ACL has been exceeded and
                                                  the overage has not been accommodated                   under rebuilding. If the most recent                  biomass and BMSY (i.e., BMSY ¥ B)
                                                  through the landings-based AM, then                     estimate of biomass is above the                      divided by one-half of BMSY.
                                                  the following procedure will be                         biomass threshold (B/BMSY is greater                    (3) If biomass is above BMSY. If the
                                                  followed:                                               than 0.5), but below the biomass target               most recent estimate of biomass is above
                                                    (1) Overfishing, rebuilding, or                       (B/BMSY is less than 1.0), and the stock              BMSY (i.e., B/BMSY is greater than 1.0),
                                                  unknown stock status. If the most recent                is not under a rebuilding plan, then the              then no single-year AM payback is
                                                  estimate of biomass is below the BMSY                   following AMs will apply:                             required.
                                                  threshold (i.e., B/BMSY is less than 0.5),                 (i) If the Commercial ACL has been                 *      *     *   *     *
                                                  the stock is under a rebuilding plan, or                exceeded, but not the overall ABC, then               [FR Doc. 2018–17031 Filed 8–8–18; 8:45 am]
                                                  the biological reference points (B or                   no single-year AM payback is required.                BILLING CODE 3510–22–P
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Document Created: 2018-08-09 01:11:55
Document Modified: 2018-08-09 01:11:55
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 September 10, 2018.
ContactEmily Gilbert, Fishery Policy Analyst, (978) 281-9244.
FR Citation83 FR 39398 
RIN Number0648-BH80
CFR AssociatedFisheries; Fishing and Recordkeeping and Reporting Requirements

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