[Federal Register Volume 83, Number 154 (Thursday, August 9, 2018)]
[Proposed Rules]
[Pages 39398-39401]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-17031]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

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


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

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

ACTION: Proposed rule; request for comments.

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

[[Page 39399]]

measures are applied towards the recreational fisheries for these 
species.

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

ADDRESSES: An environmental assessment (EA) was prepared for this 
action and describes the proposed measures and other considered 
alternatives, and provides an analysis of the impacts of the proposed 
measures and alternatives. Copies of the Summer Flounder, Scup, and 
Black Sea Bass Commercial Accountability Measure Framework, including 
the EA, are available on request from Dr. Christopher M. Moore, 
Executive Director, Mid-Atlantic Fishery Management Council, Suite 201, 
800 North State Street, Dover, DE 19901. These documents are also 
accessible via the internet at http://www.mafmc.org/s/sfsbsb-commercial-AM-FW-draftEA.pdf.
    You may submit comments on this document, identified by NOAA-NMFS-
2018-0080, by either of the following methods:
    Electronic Submission: Submit all electronic public comments via 
the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0080,
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.
    --OR--
    Mail: Submit written comments to Michael Pentony, Regional 
Administrator, National Marine Fisheries Service, 55 Great Republic 
Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on the Proposed Rule to Modify the Summer Flounder, Scup, 
and Black Sea Bass Commercial Accountability Measures.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).

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

SUPPLEMENTARY INFORMATION: 

General Background

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

Proposed Action

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

Incorporate Stock Status in Non-Landings AM Determination

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

Scaled Payback Calculation

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

[[Page 39400]]

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

Classification

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

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

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

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

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

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


Sec.  648.103  Summer flounder accountability measures.

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

[[Page 39401]]

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


Sec.  648.143  Black sea bass accountability measures.

* * * * *
    (b) Non-landing accountability measure. In the event that the 
commercial ACL has been exceeded and the overage has not been 
accommodated through the landings-based AM, then the following 
procedure will be followed:
    (1) Overfishing, rebuilding, or unknown stock status. If the most 
recent estimate of biomass is below the B<INF>MSY</INF> threshold 
(i.e., B/B<INF>MSY</INF> is less than 0.5), the stock is under a 
rebuilding plan, or the biological reference points (B or 
B<INF>MSY</INF>) 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/B<INF>MSY</INF> is greater 
than 0.5), but below the biomass target (B/B<INF>MSY</INF> 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 B<INF>MSY</INF> (i.e., 
B<INF>MSY</INF> - B) divided by one-half of B<INF>MSY</INF>.
    (3) If biomass is above B<INF>MSY.</INF> If the most recent 
estimate of biomass is above B<INF>MSY</INF> (i.e., B/B<INF>MSY</INF> 
is greater than 1.0), then no single-year AM payback is required.
* * * * *
[FR Doc. 2018-17031 Filed 8-8-18; 8:45 am]
 BILLING CODE 3510-22-P