83_FR_54032 83 FR 53825 - Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Commercial Accountability Measures Framework Adjustment

83 FR 53825 - Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Commercial Accountability Measures Framework Adjustment

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 207 (October 25, 2018)

Page Range53825-53827
FR Document2018-23289

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

Federal Register, Volume 83 Issue 207 (Thursday, October 25, 2018) 
[Federal Register Volume 83, Number 207 (Thursday, October 25, 2018)]
[Rules and Regulations]
[Pages 53825-53827]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-23289]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

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


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

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

ACTION: Final rule.

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

DATES: Effective November 26, 2018.

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

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

SUPPLEMENTARY INFORMATION: 

General Background

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

[[Page 53826]]

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

Final Action

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

Comments and Responses

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

Changes From the Proposed Rule

    There are no substantive changes from the proposed rule.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), the NMFS 
Assistant Administrator has determined that this final rule is 
consistent with the Summer Flounder, Scup, and Black Sea Bass FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    This final rule does not duplicate, conflict, or overlap with any 
existing Federal rules.
    This action does not contain a collection of information 
requirement for purposes of the Paperwork Reduction Act.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification, and the initial certification remains 
unchanged. As a result, a final regulatory flexibility analysis is not 
required and none has been prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: October 19, 2018.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is amended 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

0
2. In Sec.  648.103, paragraph (b)(3) is revised to read as follows:


Sec.  648.103  Summer flounder accountability measures.

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

[[Page 53827]]

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

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


Sec.  648.123  Scup accountability measures.

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

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


Sec.  648.143  Black sea bass accountability measures

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

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

Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations 53825 predicted that sharp cuts in future ACLs opportunity for public comment Atmospheric Administration (NOAA), would be necessary to reduce the risk of because it would be contrary to the Commerce. overfishing, and recommended cuts be public interest and impracticable. ACTION: Final rule. made in the 2018 catch. These cuts are Further, in accordance with 5 U.S.C. intended to provide some conservation 553(d)(3), NMFS finds good cause to SUMMARY: NMFS is implementing a benefits for herring in 2018 and mitigate waive the 30-day delayed effectiveness. commercial framework adjustment to some of the impacts of estimated 2019 NMFS is required by Federal regulation the Summer Flounder, Scup, and Black reductions on the herring industry. to immediately put in place a 2,000-lb Sea Bass Fishery Management Plan that The Regional Administrator of NMFS (907.2-kg) herring trip limit for Area 1B modifies the accountability measures for the Greater Atlantic Region monitors through December 31, 2018. The 2018 required for overages not caused by the herring fishery catch in each of the herring fishing year opened on January directed landings (i.e., discards) in the management areas based on vessel and 1, 2018, and Management Area 1B summer flounder, scup, and black sea dealer reports, state data, and other opened on May 1, 2018. Data indicating bass fisheries. This adjustment available information. The regulations at the herring fleet will have landed at incorporates the status of the stocks into § 648.201 require that when the least 92 percent of the 2018 sub-ACL the accountability measures. This action Regional Administrator projects herring allocated to Area 1B have only recently is intended to provide additional catch will reach 92 percent of the sub- become available. Once these data flexibility in determining when ACL allocated in the Area 1B seasonal become available projecting 92 percent accountability measures are appropriate, management area designated in the of the sub-ACL will be caught, similar to the method already used in Atlantic Herring Fishery Management regulations at § 648.201(a) require the recreational fisheries for these Plan (FMP), NMFS must prohibit, NMFS to close the directed fishery and species. through notification in the Federal impose a trip limit to ensure that DATES: Effective November 26, 2018. Register, herring vessel permit holders herring vessels do not exceed the 2018 ADDRESSES: Copies of this framework from fishing for, possessing, sub-ACL allocated to Area 1B. High- adjustment, including the transferring, receiving, landing, or volume catch and landings in this Environmental Assessment (EA) and selling more than 2,000 lb (907.2 kg) of fishery increase total catch relative to other supporting documents for the herring per trip or calendar day in or the sub-ACL quickly. If implementation action, are available upon request from from that area for the remainder of the of this closure is delayed to solicit prior Dr. Christopher M. Moore, Executive fishing year. public comment, the sub-ACL for Area Director, Mid-Atlantic Fishery The Regional Administrator has 1B for this fishing year may be Management Council, Suite 201, 800 determined, based on dealer reports and exceeded, thereby undermining the North State Street, Dover, DE 19901. other available information, that the conservation objectives of the FMP. If These documents are also accessible via herring fleet will catch 92 percent of the sub-ACLs are exceeded, the excess must the internet at http://www.mafmc.org/ total herring sub-ACL allocated to Area be deducted from a future sub-ACL and actions/sfsbsb-commercial-am- 1B by October 24, 2018. Therefore, would reduce future fishing framework. effective 0001 hr local time on October opportunities. In addition, the public 24, 2018, through December 31, 2018, had prior notice and full opportunity to FOR FURTHER INFORMATION CONTACT: federally permitted vessels may not fish comment on this process when these Cynthia Ferrio, Fishery Management for, catch, possess, transfer, land, or sell provisions were put in place. The public Specialist, (978) 281–9180. more than 2,000 lb (907.2 kg) of herring expects these actions to occur in a SUPPLEMENTARY INFORMATION: per trip and calendar day, in or from timely way consistent with the fishery General Background Area 1B. Vessels that have entered port management plan’s objectives. before 0001 hr on October 24, 2018, may The summer flounder, scup, and Authority: 16 U.S.C. 1801 et seq. black sea bass fisheries are managed offload and sell more than 2,000 lb (907.2 kg) of herring from Area 1B from Dated: October 22, 2018. cooperatively under the provisions of that trip. A vessel may transit through Karen H. Abrams, the Summer Flounder, Scup, and Black Area 1B with more than 2,000 lb (907.2 Acting Director, Office of Sustainable Sea Bass Fishery Management Plan kg) of herring on board, provided the Fisheries, National Marine Fisheries Service. (FMP) developed by the Mid-Atlantic vessel did not catch more than 2,000 lb [FR Doc. 2018–23350 Filed 10–22–18; 4:15 pm] Fishery Management Council and the (907.2 kg) of herring in Area 1B and its BILLING CODE 3510–22–P Atlantic States Marine Fisheries fishing gear is not available for Commission. This action implements a immediate use as defined by 50 CFR modification to the Federal 648.2. DEPARTMENT OF COMMERCE accountability measures (AM) that are Effective 0001 hr, October 24, 2018, enacted when the commercial annual federally permitted dealers may not National Oceanic and Atmospheric catch limit (ACL) is exceeded due to receive herring from federally permitted Administration discards for any of these three species. herring vessels that harvest more than There are two types of commercial 2,000 lb (907.2 kg) of herring from Area 50 CFR Part 648 fishery AMs outlined in the summer 1B through 2400 hr local time, [Docket No. 180220191–8945–02] flounder, scup, and black sea bass December 31, 2018, unless it is from a regulations. The first is a pound-for- RIN 0648–BH80 pound overage repayment that is trip landed by a vessel that entered port before 0001 hr on October 24, 2018. applied when the commercial quota is Fisheries of the Northeastern United exceeded as a result of landings. This daltland on DSKBBV9HB2PROD with RULES Classification States; Summer Flounder, Scup, and landings-based AM is not adjusted by Black Sea Bass Fisheries; Commercial This action is required by 50 CFR part this action. The second is a non- Accountability Measures Framework 648 and is exempt from review under landings based AM that is applied to the Adjustment Executive Order 12866. NMFS finds commercial annual catch target (ACT) if good cause pursuant to 5 U.S.C. AGENCY: National Marine Fisheries the ACL has been exceeded, and the 553(b)(B) to waive prior notice and the Service (NMFS), National Oceanic and overage is not caused by landings, but VerDate Sep<11>2014 15:53 Oct 24, 2018 Jkt 247001 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 E:\FR\FM\25OCR1.SGM 25OCR1

53826 Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations rather by higher discards than those intended to minimize impacts of a No comments were received regarding estimated prior to the fishing year. This payback for healthy stocks, while still this certification, and the initial action adjusts this non-landings-based accounting for the biological certification remains unchanged. As a AM for the summer flounder, scup, and consequences of the overage. For more result, a final regulatory flexibility black sea bass fisheries to account for description of the scaled payback analysis is not required and none has the variability in commercial discard calculation, see the proposed rule for been prepared. estimates. This approach also provides this action. List of Subjects in 50 CFR Part 648 additional flexibility to these AMs based Comments and Responses Fisheries, Fishing, Reporting and on stock status and the biological consequences, if any, of estimated The public comment period for the recordkeeping requirements. discard overages. proposed rule ended on September 10, Dated: October 19, 2018. The proposed rule for this action 2018, and a total of nine comments were Samuel D. Rauch III, published in the Federal Register on received from the public. Three Deputy Assistant Administrator for August 9, 2018 (83 FR 39398), and comments from different industry Regulatory Programs, National Marine comments were accepted through groups all expressed support for the Fisheries Service. September 10, 2018. We received nine action as described in the proposed rule. comments from the public, but no Two comments outlined different For the reasons set out in the changes to the final rule are necessary perceptions of the current stock status, preamble, 50 CFR part 648 is amended as a result of those comments. quotas, and commercial state-by-state as follows: Additional background information allocations in the summer flounder PART 648—FISHERIES OF THE regarding the development of this action fishery. These issues are not responsive NORTHEASTERN UNITED STATES can be found in the proposed rule, and to the specific measures in this action, is not repeated here. but are currently under consideration by ■ 1. The authority citation for part 648 the Council in its ongoing development continues to read as follows: Final Action of summer flounder specifications and This action incorporates stock status the commercial summer flounder Authority: 16 U.S.C. 1801 et seq. into non-landings AMs determinations, amendment. The other four comments ■ 2. In § 648.103, paragraph (b)(3) is as described in the proposed rule. When received were not relevant to this action revised to read as follows: discards cause the commercial ACL to or these fisheries in general, and did not § 648.103 Summer flounder accountability be exceeded, the following system will warrant a response in the context of the measures. now be used to determine AMs: current rulemaking. No changes to the (1) If the current biomass is above the * * * * * proposed rule will be made as a result biomass target, no overage payback is (b) * * * of these comments. required. (3) Non-landing accountability (2) If the current biomass is above the Changes From the Proposed Rule measure. In the event that the biomass threshold (i.e., the stock is not There are no substantive changes from commercial ACL is exceeded and that overfished), but below the biomass the proposed rule. the overage has not been accommodated target, and the stock is not under a through the landings-based AM, then rebuilding plan, then one of the Classification the following procedure will be following non-landings paybacks are Pursuant to section 304(b)(1)(A) of the followed: applied: Magnuson-Stevens Fishery (i) Overfishing, rebuilding, or a. If discards cause the commercial Conservation and Management Act unknown stock status. If the most recent ACL, but not the acceptable biological (Magnuson-Stevens Act), the NMFS estimate of biomass is below the BMSY catch (ABC), to be exceeded, no overage Assistant Administrator has determined threshold (i.e., B/BMSY is less than 0.5), repayment is required; or that this final rule is consistent with the the stock is under a rebuilding plan, or b. If discards cause both the Summer Flounder, Scup, and Black Sea the biological reference points (B or commercial ACL and ABC to be Bass FMP, other provisions of the BMSY) are unknown, and the commercial exceeded, a scaled, single-year Magnuson-Stevens Act, and other ACL has been exceeded, then the exact adjustment to the commercial ACT will applicable law. amount, in pounds, by which the most be made. The adjustment would be This final rule has been determined to recent year’s commercial catch estimate scaled based on stock biomass, so that be not significant for purposes of exceeded the most recent year’s the adjustment is larger the closer the Executive Order 12866. commercial ACL will be deducted, in biomass is to the threshold. This final rule does not duplicate, the following fishing year from the (3) If the stock is overfished, under a conflict, or overlap with any existing commercial ACT, as a single-year rebuilding plan, or the biological Federal rules. adjustment. reference points (i.e., stock status) are This action does not contain a (ii) If biomass is above the threshold, unknown, then a pound-for-pound collection of information requirement but below the target, and the stock is not payback is required for any non- for purposes of the Paperwork under rebuilding. If the most recent landings overage. Reduction Act. estimate of biomass is above the The scaled payback required in The Chief Counsel for Regulation of biomass threshold (B/BMSY is greater scenario 2b above would be calculated the Department of Commerce certified than 0.5), but below the biomass target as the product of the difference between to the Chief Counsel for Advocacy of the (B/BMSY is less than 1.0), and the stock the total catch and the ACL (i.e., the Small Business Administration during daltland on DSKBBV9HB2PROD with RULES is not under a rebuilding plan, then the overage amount) and a payback the proposed rule stage that this action following AMs will apply: coefficient. The payback coefficient is would not have a significant economic (A) If the Commercial ACL has been the difference between the most recent impact on a substantial number of small exceeded, but not the overall ABC, then estimate of biomass target and the entities. The factual basis for the no single-year AM payback is required. current biomass, divided by one half of certification was published in the (B) If the Commercial ACL and ABC the biomass target. This scaling is proposed rule and is not repeated here. have been exceeded, then a scaled VerDate Sep<11>2014 15:53 Oct 24, 2018 Jkt 247001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\25OCR1.SGM 25OCR1

Federal Register / Vol. 83, No. 207 / Thursday, October 25, 2018 / Rules and Regulations 53827 single-year adjustment to the between the most recent estimate of then no single-year AM payback is commercial ACT will be made, in the biomass and BMSY (i.e., BMSY¥B) required. following fishing year. The ACT will be divided by one-half of BMSY. * * * * * reduced by the exact amount, in (3) If biomass is above BMSY. If the [FR Doc. 2018–23289 Filed 10–24–18; 8:45 am] pounds, of the product of the overage, most recent estimate of biomass is above BILLING CODE 3510–22–P defined as the difference between the BMSY (i.e., B/BMSY is greater than 1.0), commercial catch and the commercial then no single-year AM payback is ACT, and the payback coefficient. The required. DEPARTMENT OF COMMERCE payback coefficient is the difference * * * * * between the most recent estimate of National Oceanic and Atmospheric biomass and BMSY (i.e., BMSY¥B) ■ 4. In § 648.143, paragraph (b) is Administration divided by one-half of BMSY. revised to read as follows: (iii) If biomass is above BMSY. If the 50 CFR Part 660 § 648.143 Black sea bass accountability most recent estimate of biomass is above measures BMSY (i.e., B/BMSY is greater than 1.0), [Docket No. 180531512–8512–01] then no single-year AM payback is * * * * * RIN 0648–BH97 required. (b) Non-landing accountability * * * * * measure. In the event that the Magnuson-Stevens Act Provisions; commercial ACL has been exceeded and Fisheries Off West Coast States; Tribal ■ 3. In § 648.123, paragraph (b) is the overage has not been accommodated Usual and Accustomed Fishing Areas revised to read as follows: through the landings-based AM, then § 648.123 Scup accountability measures. the following procedure will be AGENCY: National Marine Fisheries followed: Service (NMFS), National Oceanic and * * * * * Atmospheric Administration (NOAA), (b) Non-landing accountability (1) Overfishing, rebuilding, or Commerce. measure. In the event that the unknown stock status. If the most recent commercial ACL has been exceeded and estimate of biomass is below the BMSY ACTION: Final rule. the overage has not been accommodated threshold (i.e., B/BMSY is less than 0.5), SUMMARY: This final rule implements through the landings-based AM, then the stock is under a rebuilding plan, or the decision in United States v. the following procedure will be the biological reference points (B or Washington, 2:09–sp–00001–RSM, followed: BMSY) are unknown, and the commercial (W.D. Wash. March 5, 2018) (Order (1) Overfishing, rebuilding, or ACL has been exceeded, then the exact Regarding Boundaries of Quinault and unknown stock status. If the most recent amount, in pounds, by which the most Quileute U&As), which revised the estimate of biomass is below the BMSY recent year’s commercial catch estimate western boundaries of the usual and threshold (i.e., B/BMSY is less than 0.5), exceeded the most recent year’s accustomed (U&A) fishing areas of the the stock is under a rebuilding plan, or commercial ACL will be deducted, in Quileute Indian Tribe and Quinault the biological reference points (B or the following fishing year from the Indian Nation. BMSY) are unknown, and the commercial commercial ACT, as a single-year adjustment. DATES: This final rule is effective ACL has been exceeded, then the exact amount, in pounds, by which the most October 25, 2018. (2) If biomass is above the threshold, recent year’s commercial catch estimate ADDRESSES: Information relevant to this but below the target, and the stock is not exceeded the most recent year’s under rebuilding. If the most recent final rule is available from Aja Szumylo, commercial ACL will be deducted, in estimate of biomass is above the West Coast Region, NMFS, 7600 Sand the following fishing year from the biomass threshold (B/BMSY is greater Point Way NE, Seattle, WA 98115–0070. commercial ACT, as a single-year than 0.5), but below the biomass target Electronic Access adjustment. (B/BMSY is less than 1.0), and the stock (2) If biomass is above the threshold, This rule is accessible via the internet is not under a rebuilding plan, then the but below the target, and the stock is not at the Office of the Federal Register following AMs will apply: under rebuilding. If the most recent website at https://www.federalregister. (i) If the Commercial ACL has been gov. Background information and estimate of biomass is above the exceeded, but not the overall ABC, then documents are available at the NMFS biomass threshold (B/BMSY is greater no single-year AM payback is required. West Coast Region website at http:// than 0.5), but below the biomass target (B/BMSY is less than 1.0), and the stock (ii) If the Commercial ACL and ABC www.westcoast.fisheries.noaa.gov. is not under a rebuilding plan, then the have been exceeded, then a scaled FOR FURTHER INFORMATION CONTACT: following AMs will apply: single-year adjustment to the Kathryn Blair, phone: 503–231–6858, (i) If the Commercial ACL has been commercial ACT will be made, in the fax: 503–231–6893, or email: exceeded, but not the overall ABC, then following fishing year. The ACT will be kathryn.blair@noaa.gov. no single-year AM payback is required. reduced by the exact amount, in SUPPLEMENTARY INFORMATION: (ii) If the Commercial ACL and ABC pounds, of the product of the overage, have been exceeded, then a scaled defined as the difference between the Background single-year adjustment to the commercial catch and the commercial Regulations at 50 CFR 660.4 describe commercial ACT will be made, in the ACT, and the payback coefficient. The the usual and accustomed fishing areas following fishing year. The ACT will be payback coefficient is the difference of Indian tribes with treaty fishing rights daltland on DSKBBV9HB2PROD with RULES reduced by the exact amount, in between the most recent estimate of to species managed under the pounds, of the product of the overage, biomass and BMSY (i.e., BMSY¥B) Magnuson-Stevens Fisheries defined as the difference between the divided by one-half of BMSY. Conservation and Management Act commercial catch and the commercial (3) If biomass is above BMSY. If the (Magnuson-Stevens Act). Those ACT, and the payback coefficient. The most recent estimate of biomass is above regulations explain that boundaries of a payback coefficient is the difference BMSY (i.e., B/BMSY is greater than 1.0), tribe’s fishing area may be revised as VerDate Sep<11>2014 15:53 Oct 24, 2018 Jkt 247001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\25OCR1.SGM 25OCR1


Document Created: 2018-10-25 01:43:57
Document Modified: 2018-10-25 01:43:57
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective November 26, 2018.
ContactCynthia Ferrio, Fishery Management Specialist, (978) 281-9180.
FR Citation83 FR 53825 
RIN Number0648-BH80
CFR AssociatedFisheries; Fishing and Reporting and Recordkeeping Requirements
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