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Proposed Rule2021-13410

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

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Published

June 24, 2021

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

This action proposes to approve and implement Framework Adjustment 61 to the Northeast Multispecies Fishery Management Plan. This rule would revise the status determination criteria for Georges Bank and Southern New England-Mid Atlantic winter flounder, implement a revised rebuilding plan for white hake, set or adjust catch limits for 17 of the 20 multispecies (groundfish) stocks, and implement a universal exemption for sectors to target Acadian redfish. This action is necessary to respond to updated scientific information and to achieve the goals and objectives of the fishery management plan. The proposed measures are intended to help prevent overfishing, rebuild overfished stocks, achieve optimum yield, and ensure that management measures are based on the best scientific information available.

Full Text

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<title>Federal Register, Volume 86 Issue 119 (Thursday, June 24, 2021)</title>
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[Federal Register Volume 86, Number 119 (Thursday, June 24, 2021)]
[Proposed Rules]
[Pages 33191-33205]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-13410]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

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

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

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

ACTION: Proposed rule; request for comments.

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SUMMARY: This action proposes to approve and implement Framework
Adjustment 61 to the Northeast Multispecies Fishery Management Plan.
This rule would revise the status determination criteria for Georges
Bank and Southern New England-Mid Atlantic winter flounder, implement a
revised rebuilding plan for white hake, set or adjust catch limits for
17 of the 20 multispecies (groundfish) stocks, and implement a
universal exemption for sectors to target Acadian redfish. This action
is necessary to respond to updated scientific information and to
achieve the goals and objectives of the fishery management plan. The
proposed measures are intended to help prevent overfishing, rebuild
overfished stocks, achieve optimum yield, and ensure that management
measures are based on the best scientific information available.

DATES: Comments must be received by July 9, 2021.

ADDRESSES: You may submit comments, identified by NOAA-NMFS-2021-0061
by the following method:
<bullet> Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to <a href="http://www.regulations.gov">www.regulations.gov</a>
and enter NOAA-NMFS-2021-0061 in the Search box. Click on the
``Comment'' icon, complete the required fields, and enter or attach
your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by us. All comments received are a part of the
public record and will generally be posted for public viewing on
<a href="http://www.regulations.gov">www.regulations.gov</a> without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. We will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of Framework Adjustment 61, including the draft
Environmental Assessment, the Regulatory Impact Review, and the
Regulatory Flexibility Act Analysis prepared by the New England Fishery
Management Council in support of this action, are available from Thomas
A. Nies, Executive Director, New England Fishery Management Council, 50
Water Street, Mill 2, Newburyport, MA 01950. The supporting documents
are also accessible via the internet at: <a href="http://www.nefmc.org/management-plans/northeast-multispecies">http://www.nefmc.org/management-plans/northeast-multispecies</a> or <a href="http://www.regulations.gov">http://www.regulations.gov</a>.

FOR FURTHER INFORMATION CONTACT: Liz Sullivan, Fishery Policy Analyst,
phone: 978-282-8493; email: <a href="/cdn-cgi/l/email-protection#09456073275a7c6565607f68674967666868276e667f"><span class="__cf_email__" data-cfemail="19557063374a6c7575706f78775977767878377e766f">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

1. Summary of Proposed Measures

This action would implement the management measures in Framework
Adjustment 61 to the Northeast Multispecies Fishery Management Plan
(FMP). The New England Fishery Management Council reviewed the proposed
regulations and deemed them consistent with, and necessary to
implement, Framework 61 in a June 10, 2021, letter from Council
Chairman Dr. John Quinn to Regional Administrator Michael Pentony.
Under the Magnuson-Stevens Fishery Conservation and Management Act
(Magnuson-Stevens Act), we are required to publish proposed rules for
comment after determining whether they are consistent

[[Page 33192]]

with applicable law. The Magnuson-Stevens Act allows us to approve,
partially approve, or disapprove measures that the Council proposes
based only on whether the measures are consistent with the fishery
management plan, plan amendment, the Magnuson-Stevens Act and its
National Standards, and other applicable law. Otherwise, we must defer
to the Council's policy choices. We are seeking comments on the
Council's proposed measures in Framework 61. Through Framework 61, the
Council proposes to:
<bullet> Revise the status determination criteria (SDC) for Georges
Bank (GB) and Southern New England/Mid-Atlantic (SNE/MA) winter
flounder and provide the numeric estimates of the SDCs for these
stocks, based on the peer review recommendations;
<bullet> Implement a revised rebuilding plan for white hake;
<bullet> Set fishing year 2021 shared U.S./Canada quotas for GB
yellowtail flounder and eastern GB cod and haddock;
<bullet> Set 2021-2023 specifications, including catch limits, for
nine groundfish stocks and adjust 2021-2022 allocations for seven other
groundfish stocks; and
<bullet> Implement a universal exemption for sectors to target
redfish.

2. Status Determination Criteria

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

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

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

3. Rebuilding Plan for White Hake

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

[[Page 33193]]

Regional Administrator notified the Council of the overfished status
and that, given that the rebuilding plan's target date had passed, a
new rebuilding plan was required. The deadline to implement a
rebuilding plan is March 5, 2022.
The Magnuson-Stevens Act requires that overfished stocks be rebuilt
as quickly as possible, not to exceed 10 years when biologically
possible, accounting for the status and biology of the stocks, the
needs of fishing communities, and the interaction of the overfished
stock within the marine ecosystem. Rebuilding plans must have at least
a 50-percent probability of success. Selection of a rebuilding plan
with a higher probability of success is one way of addressing
uncertainty, but this does not affect the standard used in the future
to determine whether a stock is rebuilt. The minimum rebuilding time
(T<INF>min</INF>) is the amount of time a stock is expected to take to
rebuild to the biomass (B) associated with maximum sustainable yield
(MSY) in the absence of any fishing mortality (F). The actual timeline
set with a rebuilding plan (T<INF>target</INF>) may be greater than
T<INF>min</INF>, but cannot exceed the maximum rebuilding time
(T<INF>max</INF>). T<INF>max</INF> is 10 years if T<INF>min</INF> is
less than 10 years. In situations where T<INF>min</INF> exceeds 10
years, T<INF>max</INF> establishes a maximum time for rebuilding that
is linked to the biology of the stock.
The white hake rebuilding program proposed in this action would
rebuild the stock within 10 years, or by 2031, which is the maximum
time period allowed by the Magnuson-Stevens Act. While projections
suggest the stock could rebuild in 4 years at an F of zero, this does
not account for the white hake's stock status, the needs of fishing
communities, or the interaction of white hake with other multispecies
in the groundfish fishery. Additional factors regarding biology and
fishery needs were considered by the Council in setting
T<INF>target</INF> = T<INF>max.</INF> First, recent recruitment
estimates for this stock have been below average, and recruitment may
not increase suddenly to the average values, which make the
T<INF>min</INF> projections (4 years at F = 0) likely to be overly
optimistic. Long-term projections for many groundfish stocks have
tended to be overly optimistic, such that future levels of biomass are
overestimated and fishing mortality is underestimated. Additionally,
recent commercial utilization of the white hake annual catch limit
(ACL) is high, indicating that the stock is an important component of
the fishing industry; a longer rebuilding period considers the needs of
the fishing communities as much as practicable. The proposed rebuilding
plan for white hake would set F<INF>rebuild</INF> at 70 percent of
F<INF>MSY</INF> with an 87-percent probability of achieving
B<INF>MSY</INF>.

4. Fishing Year 2021 Shared U.S./Canada Quotas

Management of Transboundary Georges Bank Stocks

Eastern GB cod, eastern GB haddock, and GB yellowtail flounder are
jointly managed with Canada under the United States/Canada Resource
Sharing Understanding. The Transboundary Management Guidance Committee
(TMGC) is a government-industry committee made up of representatives
from the United States and Canada. For historical information about the
TMGC see: <a href="http://www.bio.gc.ca/info/intercol/tmgc-cogst/index-en.php">http://www.bio.gc.ca/info/intercol/tmgc-cogst/index-en.php</a>.
Each year, the TMGC recommends a shared quota for each stock based on
the most recent stock information and the TMGC's harvest strategy. The
TMGC's harvest strategy for setting catch levels is to maintain a low
to neutral risk (less than 50 percent) of exceeding the fishing
mortality limit for each stock. The harvest strategy also specifies
that when stock conditions are poor, fishing mortality should be
further reduced to promote stock rebuilding. The shared quotas are
allocated between the United States and Canada based on a formula that
considers historical catch (10-percent weighting) and the current
resource distribution (90-percent weighting).
For GB yellowtail flounder, the Council's Scientific and
Statistical Committee (SSC) also recommends an acceptable biological
catch (ABC) for the stock. The ABC is typically used to inform the U.S.
TMGC's discussions with Canada for the annual shared quota. Although
the stock is jointly managed with Canada, and the TMGC recommends
annual shared quotas, the Council may not set catch limits that would
exceed the SSC's recommendation. The SSC does not recommend ABCs for
eastern GB cod and haddock because they are management units of the
total GB cod and haddock stocks. The SSC recommends overall ABCs for
the total GB cod and haddock stocks. The shared U.S./Canada quota for
eastern GB cod and haddock is included in these overall ABCs, and must
be consistent with the SSC's recommendation for the total GB stocks.

2021 U.S./Canada Quotas

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

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

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

[[Page 33194]]

at: <a href="https://www.greateratlantic.fisheries.noaa.gov/">https://www.greateratlantic.fisheries.noaa.gov/</a>. The 2021 U.S.
quotas for eastern GB cod, eastern GB haddock, and GB yellowtail that
are proposed in Framework Adjustment 61, if approved, will replace the
2021 quotas previously specified for these stocks (86 FR 22898; April
30, 2021). This is discussed further in Section 5, Catch Limits for the
2021-2023 Fishing Years.
The regulations implementing the U.S./Canada Resource Sharing
Understanding require deducting any overages of the U.S. quota for
eastern GB cod, eastern GB haddock, or GB yellowtail flounder from the
U.S. quota in the following fishing year. If catch information for the
2020 fishing year indicates that the U.S. fishery exceeded its quota
for any of the shared stocks, we will reduce the respective U.S. quotas
for the 2021 fishing year in a future management action, as close to
May 1, 2021, as possible. If any fishery that is allocated a portion of
the U.S. quota exceeds its allocation and causes an overage of the
overall U.S. quota, the overage reduction would be applied only to that
fishery's allocation in the following fishing year. This ensures that
catch by one component of the overall fishery does not negatively
affect another component of the overall fishery.

5. Catch Limits for Fishing Years 2021-2023

Summary of the Proposed Catch Limits

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

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

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

[[Page 33195]]

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

Overfishing Limits and Acceptable Biological Catches

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

Annual Catch Limits

Development of Annual Catch Limits
The U.S. ABC for each stock is divided among the various fishery
components to account for all sources of fishing mortality. An estimate
of catch expected from state waters and the other sub-component (e.g.,
non-groundfish fisheries or some recreational groundfish fisheries) is
deducted from the U.S. ABC. The remaining portion of the U.S. ABC is
distributed to the fishery components that receive an allocation for
the stock. Components of the fishery that receive an allocation have a
sub-ACL set by reducing their portion of the ABC to account for
management uncertainty and are subject to AMs if they exceed their
respective catch limit during the fishing year. For GOM cod and haddock
only, the U.S. ABC is first divided between the commercial and
recreational fisheries, before being further divided into sub-component
and sub-ACLs. This process is described fully in Appendix II of the
Framework 61 Environmental Assessment.
Sector and Common Pool Allocations
For stocks allocated to sectors, the commercial groundfish sub-ACL
is further divided into the non-sector (common pool) sub-ACL and the
sector sub-ACL, based on the total vessel enrollment in sectors and the

[[Page 33196]]

cumulative potential sector contributions (PSC) associated with those
sectors. The sector and common pool sub-ACLs proposed in this action
are based on final fishing year 2021 sector rosters. All permits
enrolled in a sector, and the vessels associated with those permits,
had until April 30, 2021, to withdraw from a sector and fish in the
common pool for the 2021 fishing year. In addition to the enrollment
delay, all permits that changed ownership after the roster deadline
were able to join a sector (or change sector) through April 30, 2021.
Common Pool Total Allowable Catches
The common pool sub-ACL for each allocated stock (except for SNE/MA
winter flounder) is further divided into trimester TACs. Table 9
summarizes the common pool trimester TACs proposed in this action.
Incidental catch TACs are also specified for certain stocks of
concern (i.e., stocks that are overfished or subject to overfishing)
for common pool vessels fishing in the special management programs
(i.e., special access programs (SAP) and the Regular B Days-at-Sea
(DAS) Program), in order to limit the catch of these stocks under each
program. Tables 10 through 13 summarize the proposed Incidental Catch
TACs for each stock and the distribution of these TACs to each special
management program.
Default Catch Limits for Future Fishing Years
Framework 53 established a mechanism for setting default catch
limits in the event a future management action is delayed. If final
catch limits have not been implemented by the start of a fishing year
on May 1, then default catch limits are set at 35 percent of the
previous year's catch limit. The default catch limits are effective
until July 31 of that fishing year, or when replaced by new catch
limits, whichever happens first. If the default value is higher than
the Council's recommended catch limit for the upcoming fishing year,
the default catch limits will be equal to the Council's recommended
catch limits for the applicable stocks for the upcoming fishing year.
Because most groundfish vessels are not able to fish if final catch
limits have not been implemented, this measure was established to allow
fishing to continue for a short-interim period to minimize disruption
to the groundfish fishery. Additional description of the default catch
limit mechanism is provided in the preamble to the Framework 53 final
rule (80 FR 25110; May 1, 2015).

Table 6--Proposed Catch Limits for the 2021 Fishing Year
[mt, live weight]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Common Midwater Small-
Stock Total ACL Groundfish Sector pool sub- Recreational trawl Scallop mesh State waters Other sub-
sub-ACL sub-ACL ACL sub-ACL fishery fishery fisheries sub-component component
A to H A+B+C A B C D E F G H
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GB Cod........................................................ 1,250 1,093 1,045 48 .............. ......... ......... .......... 20 137
GOM Cod....................................................... 523 463 262 8.2 193 ......... ......... .......... 48 12
GB Haddock.................................................... 78,574 76,622 74,096 2,526 .............. 1,539 ......... .......... 0 414
GOM Haddock................................................... 15,843 15,575 10,023 258 5,295 156 ......... .......... 56 56
GB Yellowtail Flounder........................................ 78 64 59 5.1 .............. ......... 12 1.5 0.0 0.0
SNE/MA Yellowtail Flounder.................................... 21 16 12 3.6 .............. ......... 2.0 .......... 0.2 3.3
CC/GOM Yellowtail Flounder.................................... 787 692 651 41 .............. ......... ......... .......... 58 37
American Plaice............................................... 2,740 2,682 2,592 90 .............. ......... ......... .......... 29 29
Witch Flounder................................................ 1,414 1,317 1,273 44 .............. ......... ......... .......... 44 52
GB Winter Flounder............................................ 591 563 517 47 .............. ......... ......... .......... 0 27
GOM Winter Flounder........................................... 482 281 267 14 .............. ......... ......... .......... 194 7.5
SNE/MA Winter Flounder........................................ 441 288 247 41 .............. ......... ......... .......... 21 132
Redfish....................................................... 9,677 9,677 9,537 139 .............. ......... ......... .......... 0 0
White Hake.................................................... 2,041 2,019 1,994 25 .............. ......... ......... .......... 11 11
Pollock....................................................... 21,086 18,549 18,355 193 .............. ......... ......... .......... 1,434 1,103
N Windowpane Flounder......................................... 150 108 na 108 .............. ......... 31 .......... 0.8 10
S Windowpane Flounder......................................... 371 43 na 43 .............. ......... 129 .......... 23 177
Ocean Pout.................................................... 83 50 na 50 .............. ......... ......... .......... 0 33
Atlantic Halibut.............................................. 97 73 na 73 .............. ......... ......... .......... 20 3.5
Atlantic Wolffish............................................. 86 86 na 86 .............. ......... ......... .......... 0 0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
na: Not allocated to sectors.

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

[[Page 33197]]

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

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

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

[[Page 33198]]

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

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

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

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

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

[[Page 33199]]

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

6. Universal Sector Exemption for Acadian Redfish (Redfish)

Proposed Universal Sector Exemption for Redfish

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

[[Page 33200]]

[GRAPHIC] [TIFF OMITTED] TP24JN21.004

[[Page 33201]]

[GRAPHIC] [TIFF OMITTED] TP24JN21.005

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

[[Page 33202]]

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

Classification

Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary determination that
this proposed rule is consistent with Framework 61, other provisions of
the Magnuson-Stevens Act, and other applicable law, subject to further
consideration after public comment. In making the final determination,
we will consider the data, views, and comments received during the
public comment period.
This proposed rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This proposed rule does not contain policies with federalism or
takings implications as those terms are defined in E.O. 13132 and E.O.
12630, respectively.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration that this proposed rule, if adopted, would not have a
significant economic impact on a substantial number of small entities.
The factual determination for this determination is as follows.
Periodic framework adjustments are used to revise the Northeast
Multispecies FMP in response to new scientific information to support
catch limits that prevent overfishing and other adjustments to improve
management measures included in the FMP. Framework 61 proposes to
revise groundfish fishery specifications for fishing years 2021-2023
(May 1, 2021, through April 30, 2024) for nine groundfish stocks.
Specifications for shared U.S./Canada groundfish stocks would also be
updated for the 2021 fishing year. The recreational groundfish,
Atlantic sea scallop, small-mesh multispecies, Atlantic herring, and
large-mesh non-groundfish fisheries would be affected by the setting of
specifications and sub-allocations of various groundfish stocks
including: GOM cod and GOM haddock for the recreational groundfish
fishery, four flatfish stocks (GB yellowtail flounder, SNE/MA
yellowtail flounder, northern windowpane flounder, and southern
windowpane founder) for the Atlantic sea scallop fishery, GB yellowtail
flounder for the small-mesh groundfish fishery, and GOM and GB haddock
for the Atlantic herring midwater trawl fishery. Framework 61 would
also revise SDCs for GB winter flounder and SNE/MA winter flounder as
well as revise the stock rebuilding strategy for white hake. Lastly,
Framework 61 would implement a universal sector exemption to allow
sectors to target redfish with 5.5-inch (14.0-cm) mesh codend in a
specified exemption area.
The Regulatory Flexibility Act (RFA) requires Federal agencies to
consider disproportionality and profitability to determine the
significance of regulatory impacts. For RFA purposes only, NMFS has
established a small business size standard for businesses, including
their affiliates, whose primary industry is commercial fishing (see 50
CFR 200.2). A business primarily engaged in commercial fishing (NAICS
code 11411) is classified as a small business if it is independently
owned and operated, is not dominant in its field of operation
(including its affiliates), and has combined annual receipts not in
excess of $11 million for all its affiliated operations worldwide. The
determination as to whether the entity is large or small is based on
the average annual revenue for the three years from 2017 through 2019.
The Small Business Administration (SBA) has established size standards
for all other major industry sectors in the U.S., including for-hire
fishing (NAICS code 487210). These entities are classified as small
businesses if combined annual receipts are not in excess of $8.0
million for all its affiliated operations. As with commercial fishing
businesses, the annual average of the three most recent years (2017-
2019) is utilized in determining annual receipts for businesses
primarily engaged in for-hire fishing.
As of June 1, 2020, NMFS had issued 762 commercial limited-access
groundfish permits associated with vessels (including those in
confirmation of permit history, CPH), 584 party/charter groundfish
permits, 706 limited access and general category Atlantic sea scallop
permits, 693 small-mesh multispecies permits, 81 Atlantic herring
permits, and 810 large-mesh non-groundfish permits (limited access
summer flounder and scup permits). Therefore, this action potentially
regulates 3,636 permits. When accounting for overlaps between
fisheries, this number falls to 2,102 permitted vessels. Each vessel
may be individually owned or part of a larger corporate ownership
structure, and for RFA purposes, it is the ownership entity that is
ultimately regulated by the proposed action. Ownership entities are
identified on June 1st of each year based on the list of all permit
numbers, for the most recent complete calendar year, that have applied
for any type of Northeast Federal fishing permit. The current ownership
data set is based on calendar year 2019 permits and contains gross
sales associated with those permits for calendar years 2017 through
2019.
Based on the ownership data, 1,637 distinct business entities hold
at least one permit that the proposed action potentially regulates. All
1,637 business entities identified could be directly regulated by this
proposed action. Of these 1,637 entities, 1,000 are commercial fishing
entities, 293 are for-hire entities, and 344 did not have revenues
(were inactive in 2019). Of the 1,000 commercial fishing entities, 990
are categorized as small entities and 10 are categorized as large
entities, per the NMFS guidelines. All 293 for-hire entities are
categorized as small businesses.
The Framework 61 measures would enhance the operational flexibility
of fishermen and increase profits overall. The measures proposed in
Framework 61 are estimated to generate $44.9-$45.3 million in sector
revenue from the catch

[[Page 33203]]

of Multispecies groundfish, $62.7-$63.5 million in total revenue from
all fish caught on sector groundfish trips, and $46.4-$47.1 million in
operating profit from sector groundfish trips during fishing year 2021.
Under No Action, estimated sector revenue from the catch of
Multispecies groundfish is $11.4 million, revenue from all fish caught
on sector groundfish trips is $16.0 million, and operating profit from
sector groundfish trips is $11.8 million. Small entities engaged in the
commercial sector groundfish fishery will therefore be positively
impacted by the proposed action, relative to No Action. Small entities
engaged in common pool groundfish fishing are also expected to be
positively impacted by the proposed action. Other commercial fisheries
which have sub-ACLs for groundfish stocks (Atlantic sea scallop,
Atlantic herring, small-mesh multispecies, large-mesh non-groundfish),
are not expected to be negatively impacted by the proposed action, if
catch follows recent performance in these fisheries. The details of
these economic analyses are included in Framework 58 (see ADDRESSES).
This action is not expected to have a significant economic impact
on a substantial number of small entities. The effects on the regulated
small entities identified in this analysis are expected to be positive
relative to the no action alternative, which would result in lower
revenues and profits than the proposed action. These measures would
enhance the operational flexibility of groundfish fishermen, and
increase profits. Under the proposed action, small entities would not
be placed at a competitive disadvantage relative to large entities, and
the regulations would not reduce the profits for any small entities
relative to taking no action. As a result, an initial regulatory
flexibility analysis is not required and none has been prepared.

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Recordkeeping, and reporting requirements.

Dated: June 21, 2021.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.

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

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

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

Sec. 648.14 Prohibitions.

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

Sec. 648.85 Special management programs.

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

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

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

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

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

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

[[Page 33204]]

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

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

[[Page 33205]]

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

Sec. 648.87 Sector allocation.

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

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