18176 Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 

activities they fund, permit, or 

implement that may affect these species. 

If we finalize the proposed critical 

habitat designation, consultations to 

avoid the destruction or adverse 

modification of critical habitat would be 

incorporated into the existing 

consultation process. 

In the DEA, we evaluated the 

potential economic effects on small 

entities resulting from implementation 

of conservation actions related to the 

proposed designation of critical habitat 

for the eight mussels. This analysis 

estimates that six small governments 

(counties) may be affected by the rule. 

The affected counties represent 9 

percent of small counties in Alabama 

and Florida. We anticipate 

approximately three to four counties 

could be affected each year, with an 

impact of approximately $875 per 

county. Assuming annual county tax 

revenues of at least $1 million, per 

county impacts represent approximately 

0.02 percent of annual revenues. 

Approximately 20 small developmentrelated entities are likely to incur 

administrative costs associated with 

section 7 consultations. Assuming that 

all of these entities are small, they 

represent approximately 0.04, or less 

than one, percent of all small developers 

and homebuilders in the affected 

counties. Annualized impacts per entity 

are approximately $48, which 

represents less than one percent of 

annual, per entity revenues. Please refer 

to the DEA of the proposed critical 

habitat designation for a more detailed 

discussion of potential economic 

impacts to small businesses. 

In summary, we have considered 

whether the proposed designation 

would result in a significant economic 

impact on a substantial number of small 

entities. Information for this analysis 

was gathered from the Small Business 

Administration, stakeholders, and the 

Service. For the above reasons and 

based on currently available 

information, we certify that, if 

promulgated, the proposed critical 

habitat designation would not have a 

significant economic impact on a 

substantial number of small business 

entities. Therefore, an initial regulatory 

flexibility analysis is not required. 

Unfunded Mandates Reform Act (2 

U.S.C. 1501 et seq.) 

As outlined in the DEA and in the 

amended RFA determination above, we 

do not believe that this rule will 

significantly or uniquely affect small 

governments. It will not produce a 

Federal mandate of $100 million or 

greater in any year, and therefore is not 

a ‘‘significant regulatory action’’ under 

the Unfunded Mandates Reform Act. 

The designation of critical habitat 

imposes no obligations on state or local 

governments. By definition, Federal 

agencies are not considered small 

entities, although the activities they 

fund or permit may be proposed or 

carried out by small entities. After 

careful review of the DEA we have 

determined that a Small Government 

Agency Plan is not required. 

Energy, Supply, Distribution, or Use 

On May 18, 2001, the President issued 

an Executive Order (E.O. 13211; Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use) on regulations that 

significantly affect energy supply, 

distribution, and use. E.O. 13211 

requires agencies to prepare Statements 

of Energy Effects when undertaking 

certain actions. The Office of 

Management and Budget provides 

guidance for implementing this 

executive order, and outlines the 

situations that are considered to have a 

‘‘significant energy effect’’ when 

compared with the regulatory action 

under consideration. As outlined in the 

DEA, we do not anticipate impacts to oil 

wells and drilling activities in the study 

area (critical habitat reaches and 

associated watersheds). Thus, we do not 

anticipate a ‘‘significant energy effect’’ 

from this rulemaking. 

Authors 

The primary authors of this notice are 

the staff members of the Panama City 

Ecological Services Field Office. 

Authority 

The authority for this action is the 

Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: March 16, 2012. 

Rachel Jacobson, 

Acting Assistant Secretary for Fish and 

Wildlife and Parks. 

[FR Doc. 2012–7200 Filed 3–26–12; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 120109034–2171–01] 

RIN 0648–BB62 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Framework 

Adjustment 47 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to approve 

Framework Adjustment 47 (Framework 

47) to the Northeast (NE) Multispecies 

Fishery Management Plan (FMP) and to 

implement its measures through the 

proposed regulations. Framework 47 

was developed and adopted by the New 

England Fishery Management Council 

(Council) based on the biennial review 

process established in the NE 

Multispecies FMP to develop annual 

catch limits (ACLs) and revise 

management measures necessary to 

rebuild overfished groundfish stocks 

and achieve the goals and objectives of 

the FMP. NMFS also proposes 

management measures and revisions to 

existing regulations that are not 

included in Framework 47, including 

common pool management measures for 

fishing year (FY) 2012, modification of 

the Ruhle trawl definition, modification 

of the method used to estimate fillets or 

parts of fish landed for at-home 

consumption, and clarification of the 

regulations for charter/party and 

recreational groundfish vessels fishing 

in groundfish closed areas. The 

proposed regulations are intended to 

prevent overfishing, rebuild overfished 

stocks, achieve optimum yield, and 

ensure that management measures are 

based on the best available scientific 

information. 

DATES: Comments must be received by 

April 11, 2012. 

ADDRESSES: You may submit comments 

on this document, identified by 

‘‘NOAA–NMFS–2012–0004,’’ by any of 

the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal 

www.regulations.gov. To submit 

comments via the e-Rulemaking Portal, 

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Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 18177 

first click the ‘‘submit a comment’’ icon, 

then enter NOAA–NMFS–2012–0004 in 

the keyword search. Locate the 

document you wish to comment on 

from the resulting list and click on the 

‘‘Submit a Comment’’ icon on the right 

of that line. 

• Mail: Submit written comments to 

Daniel S. Morris, Acting Regional 

Administrator, 55 Great Republic Drive, 

Gloucester, MA 01930. 

• Fax: (978) 281–9135; Attn: Sarah 

Heil. 

Instructions: Comments must be 

submitted by one of the above methods 

to ensure that the comments are 

received, documented, and considered 

by NMFS. 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. All comments received are 

a part of the public record and will 

generally be posted for public viewing 

on www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the sender will be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word or Excel, WordPerfect, or Adobe 

PDF file formats only. 

An environmental assessment (EA) 

was prepared for Framework 47 that 

describes the proposed action and other 

considered alternatives, as well as an 

analysis of the impacts of the proposed 

measures and alternatives. Copies of 

Framework 47, the draft EA, its 

Regulatory Impact Review (RIR), and the 

Initial Regulatory Flexibility Act (IRFA) 

analysis prepared by the Council are 

available upon request from Paul J. 

Howard, Executive Director, New 

England Fishery Management Council, 

50 Water Street, Mill 2, Newburyport, 

MA 01950. The Framework 47 EA/RIR/ 

IRFA are also accessible via the Internet 

at http://www.nefmc.org/nemulti/ 

index.html or http:// 

www.nero.noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Heil, Fishery Policy Analyst, 

phone: 978–281–9257, fax: 978–281– 

9135. 

SUPPLEMENTARY INFORMATION: 

Background 

The NE Multispecies FMP specifies 

management measures for 16 species in 

Federal waters off the New England and 

Mid-Atlantic coasts, including both 

large-mesh and small-mesh species. 

Small-mesh species include silver hake 

(whiting), red hake, offshore hake, and 

ocean pout, and large-mesh species 

include Atlantic cod, haddock, 

yellowtail flounder, pollock, American 

plaice, witch flounder, white hake, 

windowpane flounder, Atlantic halibut, 

winter flounder, redfish, and Atlantic 

wolffish. Large-mesh species, which are 

referred to as ‘‘regulated species,’’ are 

divided into 19 fish stocks, and along 

with ocean pout, comprise the 

groundfish complex. 

Amendment 16 to the NE 

Multispecies FMP (Amendment 16) 

established a process for setting 

acceptable biological catches (ABCs) 

and ACLs for regulated species and 

ocean pout, as well as distributing the 

available catch among the various 

components of the groundfish fishery. 

Amendment 16 also established 

accountability measures (AMs) for the 

20 groundfish stocks in order to prevent 

overfishing of these stocks and correct 

or mitigate any overages of the ACLs. 

Framework 44 to the NE Multispecies 

FMP (Framework 44) set the ABCs and 

ACLs for FYs 2010–2012. In 2011, 

Framework 45 to the NE Multispecies 

FMP (Framework 45) revised the ABCs 

and ACLs for five stocks for FYs 2011– 

2012. 

The Council adopted Framework 47 

on November 16, 2011, and submitted it 

to NMFS on February 7, 2012, for 

approval. The Council developed 

Framework 47 as part of the biennial 

review process established in the FMP 

to revise measures necessary to prevent 

overfishing and rebuild overfished 

stocks, and achieve the goals and 

objectives of the NE Multispecies FMP. 

The Council developed Framework 47 

to respond to recent stock assessments 

and updated stock information, as well 

as to revise management measures after 

the fishery has operated for more than 

1 year under ACLs and AMs. If 

approved, Framework 47 will be 

implemented at the start of FY 2012 on 

May 1, 2012. One measure, if approved, 

would apply retroactively to the 2011 

scallop fishing year, which ended on 

February 28, 2012, as described in Item 

11 of this preamble. 

Proposed Measures 

The Council reviewed the proposed 

regulations, as drafted by NMFS, and 

deemed them to be consistent with 

Framework 47 and necessary to 

implement the proposed measures as 

specified in section 303(c) of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). Some of the 

measures included in this action are 

being proposed by NMFS under the 

authority of section 305(d) of the 

Magnuson-Stevens Act, which provides 

that the Secretary of Commerce may 

promulgate regulations necessary to 

ensure that fishery management plans or 

amendments are carried out in 

accordance with the Magnuson-Steven 

Act. These measures, which are 

identified and described in this 

preamble, are necessary to implement 

changes to the Atlantic Sea Scallop FMP 

proposed by the Council in Framework 

47, as well as revisions to the 

regulations that are not included in 

Framework 47, but that are necessary to 

achieve the objectives of the FMP. This 

proposed rule also includes 

management measures for the common 

pool fishery for FY 2012 that are not 

included in Framework 47, but that may 

be considered by the Regional 

Administrator (RA) under authority 

provided by the FMP. 

1. Status Determination Criteria for 

Winter Flounder and Gulf of Maine Cod 

Amendment 16 updated the status 

determination criteria for existing NE 

multispecies regulated species and 

ocean pout stocks based on the best 

available scientific information as 

determined by the 2008 Groundfish 

Assessment Review Meeting (GARM III). 

Framework 45 updated the status 

determination criteria for pollock to 

reflect the results of a new pollock stock 

assessment conducted in 2010. New 

assessments were conducted for Gulf of 

Maine (GOM), Georges Bank (GB), and 

Southern New England/Mid-Atlantic 

(SNE/MA) winter flounder in June 2011. 

In addition, a new assessment for GOM 

cod was conducted in December 2011. 

Therefore, Framework 47 proposes to 

update the status determination criteria 

for the three winter flounder stocks and 

GOM cod to incorporate the results of 

the recent stock assessments into the 

FMP. The proposed revisions are based 

on the best scientific information 

available. 

The results from GARM III indicated 

that overfishing was occurring for GB 

and SNE/MA winter flounder and GOM 

cod, and SNE/MA winter flounder was 

overfished. The overfished and 

overfishing status for GOM winter 

flounder was unknown. Based on the 

new assessments, overfishing is no 

longer occurring for GB or SNE/MA 

winter flounder. Also, the overfishing 

status is no longer unknown for GOM 

winter flounder, and overfishing is not 

occurring for this stock. Based on the 

recent GOM cod stock assessment, 

overfishing is occurring for GOM cod, 

and the stock is overfished. 

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18178 Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 

The revised biomass target for GB and 

SNE/MA winter flounder is spawning 

stock biomass at maximum sustainable 

yield (SSBMSY), and the maximum 

fishing mortality rate (F) threshold is 

FMSY. The revised maximum F 

threshold for GOM winter flounder is F 

at 40 percent of the maximum spawning 

potential (F40%MSP). The biomass target 

for this stock is still undefined. For 

GOM cod, the biomass target is 

unchanged from GARM III and is SSB 

at 40 percent MSP (SSB40%MSP). The 

maximum F threshold proxy is also 

unchanged from GARM III and is 

F40%MSP. The revised status 

determination criteria proposed in 

Framework 47 are presented in Table 1, 

and the numerical estimates of these 

criteria are presented in Table 2. 

TABLE 1—PROPOSED STATUS DETERMINATION CRITERIA FOR WINTER FLOUNDER STOCKS AND GOM COD

Stock Biomass target Minimum biomass threshold Maximum fishing 

mortality threshold 

GOM winter flounder ..................... Undefined ..................................... Undefined ..................................... F40%MSP. 

GB winter flounder ......................... SSBMSY ......................................... 1⁄2 SSBMSY .................................... FMSY. 

SNE/MA winter flounder ................ SSBMSY ......................................... 1⁄2 SSBMSY .................................... FMSY. 

GOM cod ....................................... SSB40%MSP .................................... 1⁄2 SSB40%MSP ............................... F40%MSP. 

TABLE 2—NUMERICAL ESTIMATES OF THE PROPOSED STATUS DETERMINATION CRITERIA FOR WINTER FLOUNDER STOCKS

AND GOM COD

Stock Biomass target 

(mt) 

Maximum 

fishing mortality threshold 

MSY 

(mt) 

GOM winter flounder ................................................... Undefined .................................................................... 0.31 Undefined. 

GB winter flounder ...................................................... 10,100 ......................................................................... 0.42 3,700. 

SNE/MA winter flounder .............................................. 43,661 ......................................................................... 0.29 11,728. 

GOM cod ..................................................................... 61,218 ......................................................................... 0.20 10,392. 

2. Rebuilding Program for GB Yellowtail 

Flounder 

GB yellowtail flounder is jointly 

managed with Canada under the U.S./ 

Canada Resource Sharing 

Understanding (Understanding). 

Framework 45 revised the GB yellowtail 

flounder rebuilding program, based on 

the best available scientific information, 

to rebuild the stock by 2016 with a 

50-percent probability of success. This 

revision extended the rebuilding 

program to the maximum 10-year 

rebuilding period allowed by the 

Magnuson-Stevens Act in order to 

maximize the amount of GB yellowtail 

flounder that could be caught while the 

stock rebuilds. 

Under the International Fisheries 

Agreement Clarification Act (IFACA) 

enacted into law on January 4, 2011, the 

Council and NMFS have flexibility in 

establishing rebuilding programs for 

stocks that are jointly managed with 

Canada under the Understanding. For 

rebuilding stocks managed under the 

Understanding, the IFACA provides that 

the Council and NMFS may consider 

decisions under the Understanding as 

management measures under an 

international agreement in order to 

provide an exception to the MagnusonStevens Act’s maximum 10-year 

rebuilding period requirement. 

Each year, pursuant to the 

Understanding, the TMGC meets to 

consider the scientific advice of the 

Transboundary Resources Assessment 

Committee and to make decisions 

regarding total allowable catch (TAC) 

recommendations for the upcoming year 

for each stocks managed under the 

Understanding. The TMGC adopts 

harvest strategies to guide its annual 

TAC recommendations. At its 

September 2011 meeting, the TMGC 

reaffirmed its harvest strategy for GB 

yellowtail flounder to maintain a low to 

neutral risk of exceeding the fishing 

mortality limit reference (Fref) of 0.25. 

Based on that harvest strategy, the 

TMGC developed its 2012 TAC 

recommendation for GB yellowtail 

flounder and forwarded the 

recommendation to the Council for 

approval See Item 5 for more 

information on the 2012 TMGC TAC 

recommendations.. 

Given the IFACA, and that the TMGC 

decisions regarding a GB yellowtail 

flounder harvest strategy and annual 

TAC are considered management 

measures under an international 

agreement, the rebuilding program for 

GB yellowtail flounder can exceed 10 

years. Therefore, Framework 47 

proposes to revise the rebuilding 

strategy for GB yellowtail flounder. The 

proposed rebuilding strategy for GB 

yellowtail flounder would rebuild the 

stock by 2032 with a 50-percent 

probability of success. This rebuilding 

strategy is based on an F of 0.21 and 

would extend 26 years beyond the 

rebuilding program start date (2006). 

The proposed rebuilding time period is 

as short as possible, taking into account 

the Understanding and decisions made 

under it, and the needs of the fishing 

communities, and will provide more 

flexibility for negotiating annual catches 

with Canada. 

3. Overfishing Levels and Acceptable 

Biological Catches 

The overfishing level (OFL) for each 

stock is calculated using the estimated 

stock size and FMSY (i.e., the fishing 

mortality rate that, if applied over the 

long term, would result in maximum 

sustainable yield). ABCs for each stock 

are recommended by the Council’s 

Scientific and Statistical Committee 

(SSC), and are lower than the OFLs in 

order to account for scientific 

uncertainty. The ABCs are calculated 

using the estimated stock size for a 

particular year and are based on the 

catch associated with 75 percent of FMSY

or the F required to rebuild the stock 

within the defined rebuilding time 

period (Frebuild), whichever is lower. For 

SNE/MA winter flounder, the ABC is 

calculated using the F expected to result 

from management measures that are 

designed to achieve an F as close to zero 

as practicable. The Canadian share/ 

allowance of an ABC, or the expected 

Canadian catch, is deducted from the 

ABC available for each pertinent stock. 

The U.S. ABC is the amount available to 

the U.S. fishery after accounting for 

Canadian catch. 

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Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 18179 

Framework 44 specified OFLs and 

ABCs for each stock for FY 2010–2012 

based on the best scientific information 

available, and Framework 45 revised the 

OFLs and ABCs for five stocks for FY 

2011–2012 based on updated stock 

information. Framework 47 proposes to 

set the OFLs and ABCs for nine stocks 

for FY 2012–2014 that are assessed with 

an index-based stock assessment or that 

have had a recent stock assessment 

completed, as well as set the OFL and 

ABC for FY 2012–2013 for GB yellowtail 

flounder based on updated stock 

information (Table 3). For nine stocks, 

Framework 47 proposes to adopt the 

OFLs and ABCs for FY 2012 that were 

previously specified in Framework 44 or 

Framework 45 (Table 3). These stocks 

were last assessed at GARM III. The SSC 

determined that projections from the 

GARM III assessment were not a reliable 

basis for providing catch advice for 

these stocks for FY 2013–2014. As a 

result, stock assessment updates were 

completed in February 2012 for these 

stocks, and the results of these updates 

will be used to set OFLs and ABCs for 

FY 2013–2014. The Council intends to 

incorporate the assessment update 

results and specify OFLs and ABCs for 

FY 2013–2014 for these stocks in a 

future framework action. A new stock 

assessment is scheduled for SNE/MA 

yellowtail flounder in June 2012. The 

results of this stock assessment will be 

used to specify OFLs and ABCs for the 

stock for FY 2013–2014, and will also be 

incorporated into a future framework 

action by the Council. Updated 

information for stocks assessed with an 

index-based assessment may also be 

used to revise the OFLs and ABCs for 

FY 2013–2014 specified in this action. 

The OFLs and ABCs proposed in 

Framework 47 are based on the most 

recent stock assessment information, 

which is the best scientific information 

available. 

Framework 47, as approved by the 

Council on November 16, 2011, 

proposed to set specifications for GOM 

cod for FY 2012–2014 based on the most 

recent stock assessment that was 

completed in December 2011. The 

results of the assessment indicate that 

the stock is overfished and overfishing 

is occurring. The assessment results also 

indicate that GOM cod cannot rebuild 

by its rebuilding end date of 2014 even 

in the absence of all fishing mortality. 

Given the final results of the GOM cod 

assessment, and that rebuilding cannot 

be achieved within the rebuilding 

period, NMFS concluded that the NE 

Multispecies FMP is not making 

adequate progress toward ending 

overfishing and rebuilding GOM cod. 

NMFS notified the Council of this 

determination in a letter dated January 

26, 2012, and of the requirement for the 

Council to implement a plan by May 1, 

2013, to immediately end overfishing 

for GOM cod. The Council was also 

notified that it has up to 2 years to 

address GOM cod rebuilding, although 

NMFS urged the Council to do this by 

the beginning of FY 2013 to coincide 

with measures to end overfishing. In 

addition, NMFS indicated that the 

Magnuson-Stevens Act provides some 

flexibility for NMFS to only reduce 

overfishing, rather than end it 

immediately, during FY 2012 while the 

Council develops measures to address 

GOM cod. 

At its January 25, 2012, meeting, the 

Council’s SSC met to discuss the GOM 

cod stock assessment. At the request of 

the Council, the SSC did not 

recommended ABCs for GOM cod for 

FY 2012–2014. The SSC reviewed the 

stock assessment and identified issues 

that may warrant a closer examination 

and that may influence the 

interpretation of the assessment results. 

Subsequently, at its February 1, 2012, 

meeting, the Council did not adopt 

ABCs for GOM cod to be implemented 

in Framework 47. The Council 

requested that NMFS implement an 

interim action for FY 2012 to reduce 

overfishing on GOM cod while the 

Council responds to the new GOM cod 

stock assessment and develops 

measures for FY 2013 that will 

immediately end overfishing. NMFS has 

committed that it intends to implement 

an interim action to reduce overfishing 

for GOM cod and establish catch levels 

for this stock for FY 2012. 

Therefore, this action does not 

include OFLs and ABCs for GOM cod 

for FY 2012–2014. If no action is taken 

to specify a new ABC for GOM cod for 

FY 2012, the FY 2012 ABC previously 

specified in Framework 44 (9,018 mt) 

would go into effect on May 1, 2012. 

The SSC will meet in the future to 

recommend ABCs for FY 2013–2014 for 

GOM cod, and the Council intends to 

adopt these ABCs in a future 

management action. 

TABLE 3—PROPOSED FY 2012–2014 OFLS AND ABCS (MT) 

Stock 

OFL U.S. ABC 

2012 2013 2014 2012 2013 2014 

GB cod ..................................................................................................... 7,311 ................ ................ 5,103 ................ ................

GB haddock ............................................................................................. 51,150 ................ ................ 30,726 ................ ................

GOM haddock .......................................................................................... 1,296 ................ ................ 1,013 ................ ................

GB yellowtail flounder .............................................................................. 1,691 1,691 ................ 564 564 ................

SNE/MA yellowtail flounder ..................................................................... 3,166 ................ ................ 1,003 ................ ................

Cape Cod (CC)/GOM yellowtail flounder ................................................ 1,508 ................ ................ 1,159 ................ ................

American plaice ....................................................................................... 4,727 ................ ................ 3,632 ................ ................

Witch flounder .......................................................................................... 2,141 ................ ................ 1,639 ................ ................

GB winter flounder ................................................................................... 4,839 4,819 4,626 3,753 3,750 3,598 

GOM winter flounder ................................................................................ 1,458 1,458 1,458 1,078 1,078 1,078 

SNE/MA winter flounder .......................................................................... 2,336 2,637 3,471 626 697 912 

Redfish ..................................................................................................... 12,036 ................ ................ 9,224 ................ ................

White hake ............................................................................................... 5,306 ................ ................ 3,638 ................ ................

Pollock ...................................................................................................... 19,887 20,060 20,554 15,400 15,600 16,000 

Northern windowpane flounder ................................................................ 230 230 230 173 173 173 

Southern windowpane flounder ............................................................... 515 515 515 386 386 386 

Ocean pout .............................................................................................. 342 342 342 256 256 256

Atlantic halibut .......................................................................................... 143 143 143 85 85 85 

Atlantic wolffish ........................................................................................ 92 92 92 83 83 83 

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18180 Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 

4. Annual Catch Limits 

Unless otherwise noted below, the 

U.S. ABC for each stock (for each fishing 

year) is divided into the following 

fishery components to account for all 

sources of fishing mortality: State waters 

(portion of ABC expected to be caught 

from state waters outside Federal 

management); other sub-components 

(expected catch by non-groundfish 

fisheries); scallop fishery; mid-water 

trawl fishery; commercial groundfish 

fishery; and recreational groundfish 

fishery. Currently, the scallop fishery 

only receives an allocation for GB and 

SNE/MA yellowtail flounder, the midwater trawl fishery only receives an 

allocation for GB and GOM haddock, 

and the recreational groundfish fishery 

only receives an allocation for GOM cod 

and haddock. Once the ABC is divided, 

sub-annual catch limits (sub-ACLs) and 

ACL sub-components are set by 

reducing the amount of the ABC 

distributed to each component of the 

fishery to account for management 

uncertainty. Management uncertainty is 

the likelihood that management 

measures will result in a level of catch 

greater than expected. For each stock, 

management uncertainty is estimated 

using the following criteria: 

Enforceability, monitoring adequacy, 

precision of management tools, latent 

effort, and catch of groundfish in nongroundfish fisheries. Appendix III of the 

Framework 47 EA provides a detailed 

description of the process used to 

estimate management uncertainty and 

calculate ACLs for this action (see 

ADDRESSES). 

The total ACL is the sum of all of the 

sub-ACLs and ACL sub-components, 

and is the catch limit for a particular 

year after accounting for both scientific 

and management uncertainty. Landings 

and discards from all fisheries 

(commercial and recreational 

groundfish fishery, state waters, and 

non-groundfish fisheries) are counted 

against the catch limit for each stock. 

Components of the fishery that are 

allocated a sub-ACL for a particular 

stock are subject to AMs if the catch 

limit is exceeded. ACL sub-components 

represent the expected catch by 

components of the fishery that are not 

subject to AMs (e.g., state waters). 

Based on the ABCs proposed in this 

action, Framework 47 also proposes 

ACLs for each of the groundfish stocks, 

except GOM cod, as described in Item 

3 of this preamble. The proposed ACLs 

for FY 2012–2014 are presented in Table 

4 through 7. The percentage of the ABC 

deducted for expected catch from state 

waters is between 1 and 10 percent for 

most stocks. However, for GOM winter 

flounder, SNE/MA winter flounder, and 

Atlantic halibut, 25 percent, 28 percent, 

and 50 percent of the ABC was set aside 

for state waters catch, respectively. The 

amount of the ABC deducted for 

expected catch from non-groundfish 

fisheries (other sub-components) is 

between 2 and 9 percent for each stock, 

but 19 percent and 70 percent of the 

ABC is set aside for northern and 

southern windowpane flounder, 

respectively. Seventy percent of the 

ABC for southern windowpane flounder 

is deducted based partly on the 

expected catch of this stock by the 

scallop fishery. To adjust for 

management uncertainty, the default 

reduction to the ABC component for 

most stocks and components of the 

fishery was 5 percent. Only 3 percent 

was deduced for stocks or components 

of the fishery with less management 

uncertainty, and 7 percent was 

deducted for stocks or components with 

more management uncertainty. 

This proposed action would not 

change the initial allocation of 

yellowtail flounder to the scallop 

fishery for FY 2012 that was specified 

in Framework 44. The yellowtail 

flounder allocation to the scallop fishery 

is based on the expected catch of 

yellowtail flounder calculated from the 

projected scallop harvest for the fishing 

year. Framework 44 allocated 90 percent 

of the projected yellowtail flounder 

catch by the scallop fishery for FY 2012 

for both SNE/MA yellowtail flounder 

and GB yellowtail flounder. 

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 all sectors and the 

cumulative Potential Sector 

Contributions associated with those 

sectors. The proposed distribution of the 

groundfish sub-ACL between the 

common pool and sectors presented in 

Tables 4 through Table 7 are based on 

preliminary FY 2012 sector rosters 

submitted to NMFS as of December 1, 

2011. This distribution is different from 

the common pool and sector sub-ACLs 

included in the Framework 47 EA, 

which were based on FY 2011 sector 

rosters, and do not reflect updated 

rosters submitted to NMFS for FY 2012. 

However, this distribution is the same 

as the sector sub-ACLs and Annual 

Catch Entitlements specified for each 

sector in the proposed rule to approve 

sector operations plans for FY 2012 that 

was published in the Federal Register 

on February 15, 2012 (77 FR 8780). 

FY 2012 sector rosters will not be 

finalized until May 1, 2012, because 

owners of individual permits signed up 

to participate in sectors have until April 

30, 2012, to drop out of a sector and fish 

in the common pool for FY 2012. In 

addition, NMFS extended the deadline 

to join a sector for FY 2012 through 

April 30, 2012, in the proposed rule to 

approve sector operations plan for FY 

2012 (77 FR 8780). This opportunity is 

being provided for common pool vessels 

due to concerns for the recent GOM cod 

assessment and the potential impacts for 

FY 2012 catch limits. Therefore, it is 

possible that the sector sub-ACLs listed 

in the tables below may change due to 

changes in the sector rosters. Updated 

sector sub-ACLs will be published in 

the Framework 47 final rule, or a 

subsequent adjustment rule to reflect 

the final FY 2012 sector rosters as of 

May 1, 2012. 

TABLE 4—PROPOSED FY 2012 ALLOCATIONS TO THE RECREATIONAL GROUNDFISH FISHERY, SCALLOP FISHERY, AND

MID-WATER TRAWL FISHERY (MT) 

Fishery Stock 

Recreational Groundfish Fishery ............................................................. GOM Cod ...................................... GOM Haddock. 

n/a .................................................. 259. 

Scallop Fishery ........................................................................................ SNE/MA Yellowtail Flounder ......... GB Yellowtail Flounder. 

126 ................................................. 307.5. 

Midwater Trawl Fishery ........................................................................... GB Haddock .................................. GOM Haddock. 

286 ................................................. 9. 

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TABLE 5—PROPOSED FY 2012 TOTAL ACLS, SUB-ACLS, AND ACL SUB-COMPONENTS (MT, LIVE WEIGHT) 

Stock Total ACL Groundfish 

sub-ACL 

Preliminary 

sector 

sub-ACL 

Preliminary 

common 

pool 

sub-ACL 

State waters 

subcomponent 

Other subcomponent 

GB cod ..................................................... 4,861 4,605 4,518 87 51 204 

GB haddock ............................................. 29,260 27,438 27,298 141 307 1,229 

GOM haddock .......................................... 958 912 643 10 15 22 

GB yellowtail flounder .............................. 547.8 217.7 214.6 3.1 0.0 22.6 

SNE/MA yellowtail flounder ..................... 936 760 591 168 10 40 

CC/GOM yellowtail flounder .................... 1,104 1,046 1,019 27 35 23 

American plaice ....................................... 3,459 3,278 3,207 71 36 145 

Witch flounder .......................................... 1,563 1,448 1,420 28 49 66 

GB winter flounder ................................... 3,575 3,387 3,365 22 0 188 

GOM winter flounder ................................ 1,040 715 691 24 272 54 

SNE/MA winter flounder .......................... 603 303 0 303 175 125 

Redfish ..................................................... 8,786 8,325 8,258 66 92 369 

White hake ............................................... 3,465 3,283 3,283 45 73 109 

Pollock ...................................................... 14,736 12,612 12,513 99 754 1,370 

Northern windowpane flounder ................ 163 129 0 129 2 33 

Southern windowpane flounder ............... 381 72 0 72 39 270 

Ocean pout .............................................. 240 214 0 214 3 23 

Atlantic halibut .......................................... 83 36 0 36 43 4 

Atlantic wolffish ........................................ 77 73 0 73 1 3 

TABLE 6—PROPOSED FY 2013 TOTAL ACLS, SUB-ACLS, AND ACL SUB-COMPONENTS (MT, LIVE WEIGHT) 

Stock Total ACL Groundfish 

sub-ACL 

Preliminary 

sector 

sub-ACL 

Preliminary 

common 

pool 

sub-ACL 

State waters 

subcomponent 

Other subcomponent 

GB yellowtail flounder .............................. 547.8 217.7 214.6 3.1 0.0 22.6 

GB winter flounder ................................... 3,572 3,384 3,362 22 0 188 

GOM winter flounder ................................ 1,040 715 691 24 272 54 

SNE/MA winter flounder .......................... 672 337 0 337 195 139 

Pollock ...................................................... 14,927 12,791 12,690 101 756 1,380 

Northern windowpane flounder ................ 163 129 0 129 2 33 

Southern windowpane flounder ............... 381 72 0 72 39 270 

Ocean pout .............................................. 240 214 0 214 3 23 

Atlantic halibut .......................................... 83 36 0 36 43 4 

Atlantic wolffish ........................................ 77 73 0 73 1 3 

TABLE 7—PROPOSED FY 2014 TOTAL ACLS, SUB-ACLS, AND ACL SUB-COMPONENTS (MT, LIVE WEIGHT) 

Stock Total ACL Groundfish 

sub-ACL 

Preliminary 

sector 

sub-ACL 

Preliminary 

common 

pool 

sub-ACL 

State waters 

subcomponent 

Other subcomponent 

GB winter flounder ................................... 3,427 3,247 3,226 21 0 180 

GOM winter flounder ................................ 1,040 715 691 24 272 54 

SNE/MA winter flounder .......................... 879 441 0 441 255 182 

Pollock ...................................................... 15,308 13,148 13,044 104 760 1,400 

Northern windowpane flounder ................ 163 129 0 129 2 33 

Southern windowpane flounder ............... 381 72 0 72 39 270 

Ocean pout .............................................. 240 214 0 214 3 23 

Atlantic halibut .......................................... 83 36 0 36 43 4 

Atlantic wolffish ........................................ 77 73 0 73 1 3 

5. Annual Specifications for the U.S./ 

Canada Management Area 

Eastern GB cod, eastern GB haddock, 

and GB yellowtail flounder are managed 

in cooperation with Canada under the 

U.S./Canada Resource Sharing 

Understanding, which is an informal 

agreement between the Northeast 

Region of NMFS and the Maritimes 

Region of the Department of Fisheries 

and Ocean of Canada. The FMP 

specifies a procedure for setting annual 

total allowable catches (TACs) for these 

three stocks in the U.S./Canada 

Management Area consistent with the 

Understanding. Each year the TMGC 

negotiates a shared TAC for each stock 

based on the most recent stock 

information and the TMGC harvest 

strategy. The harvest strategy for setting 

catch levels is to maintain a low to 

neutral (less than 50-percent) risk of 

exceeding the fishing mortality limit 

reference (Fref = 0.18, 0.26, and 0.25 for 

cod, haddock, and yellowtail flounder, 

respectively), and, when stock 

conditions are poor, fishing mortality 

should be further reduced to promote 

rebuilding. The shared TACs are 

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allocated to the U.S. and Canada based 

on a formula that considers historical 

catch percentages and the current 

resource distribution based on trawl 

surveys. The U.S./Canada Management 

Area comprises the entire stock area for 

GB yellowtail flounder; therefore, the 

U.S. TAC for this stock is also the U.S. 

ABC. 

In September 2011, the TMGC 

approved recommendations for 2012 

shared TACs for eastern GB cod, eastern 

GB haddock, and GB yellowtail 

flounder. The TMGC recommended a 

shared TAC of 675 mt for eastern GB 

cod, 16,000 mt for eastern GB haddock, 

and 900 mt for GB yellowtail flounder. 

However, at its September 2011 

meeting, the Council’s SSC 

recommended an ABC of 1,150 mt for 

GB yellowtail flounder, which was 

higher than the TMGC recommendation. 

On September 28, 2011, the Council 

reviewed the recommendations of the 

TMGC and the SSC, and approved the 

TMGC recommendations for eastern GB 

cod and eastern GB haddock. The 

Council also approved an ABC of up to 

1,150 mt for GB yellowtail flounder, 

consistent with the SSC’s 

recommendation. Because this ABC is 

greater than the shared TAC initially 

negotiated by the TMGC, the TMGC met 

by conference call in October 2011 to 

reconsider its 2012 recommendation for 

GB yellowtail flounder. The TMGC 

concluded that 1,150 mt was an 

appropriate shared TAC for GB 

yellowtail flounder for 2012 that would 

balance the risk of exceeding Fref (0.25) 

and the desire to maintain stock 

biomass. 

The proposed 2012 U.S./Canada TACs 

are presented in Table 8. For 2012, the 

annual percentage shares for each 

country are based on a 10-percent 

weighting of historical catches and a 90- 

percent weighting of the current 

resource distribution. The regulations 

related to the Understanding require 

that any overages of the eastern GB cod, 

eastern GB haddock, or GB yellowtail 

flounder TACs available to the U.S. be 

deducted from the pertinent TAC in the 

following fishing year. If FY 2011 catch 

information indicates that the U.S. TAC 

for any of the shared stocks was 

exceeded, NMFS will reduce the FY 

2012 U.S. TAC for that stock, using 

procedures consistent with the 

Administrative Procedure Act. 

TABLE 8—PROPOSED 2012 U.S./CANADA TACS (MT, LIVE WEIGHT) AND PERCENTAGE SHARES

TAC Eastern GB 

cod 

Eastern GB 

haddock 

GB 

yellowtail 

flounder 

Total Shared TAC .................................................................................................................................... 675 16,000 1,150 

U.S. TAC .................................................................................................................................................. 162 (24%) 6,880 (43%) 564 (49%) 

Canada TAC ............................................................................................................................................ 513 (76%) 9,120 (57%) 586 (51%) 

6. Incidental Catch Total Allowable 

Catches and Allocations to Special 

Management Programs 

Incidental catch TACs are specified 

for certain stocks of concern (i.e., stocks 

that are overfished or subject to 

overfishing) for common pool vessels 

fishing in the special management 

programs (i.e., special access programs 

(SAPs) and the Regular B Days-At-Sea 

(DAS) Program), in order to limit the 

catch of these stocks under such 

programs. The Incidental Catch TAC for 

each stock is based on the common pool 

sub-ACL and is distributed to each 

special management program using a 

predetermined formula specified in the 

regulations. Any catch on a trip that 

ends on a Category B DAS (either 

Regular or Reserve B DAS) is attributed 

to the Incidental Catch TAC for the 

pertinent stock. Catch on a trip that 

starts under a Category B DAS and then 

flips to a Category A DAS is attributed 

to the common pool sub-ACL. 

This proposed rule specifies 

incidental catch TACs for the NE 

multispecies special management 

programs for FYs 2012–2014 based on 

the proposed common pool sub-ACLs 

listed in Item 4 of this preamble (Table 

11, Table 12, Table 13). The FY 2012 

sector rosters will not be finalized until 

May 1, 2012, for the reasons mentioned 

earlier in this preamble. Therefore, the 

common pool sub-ACL may change due 

to changes to the FY 2012 sector rosters. 

Updated incidental catch TACs will be 

published in the Framework 47 final 

rule, or a subsequent adjustment rule, if 

necessary, based on the final sector 

rosters as of May 1, 2012. 

TABLE 11—PROPOSED COMMON POOL INCIDENTAL CATCH TACS FOR FY 2012–2014 (MT, LIVE WEIGHT) 

Stock 

Percentage 

of common 

pool 

sub-ACL 

2012 2013 2014 

GB cod ............................................................................................................................. 2 1.7 n/a n/a 

GB yellowtail flounder ...................................................................................................... 2 0.1 n/a n/a 

SNE/MA yellowtail flounder ............................................................................................. 1 1.7 n/a n/a 

CC/GOM yellowtail flounder ............................................................................................ 1 0.3 n/a n/a 

Plaice ............................................................................................................................... 5 3.5 n/a n/a 

Witch Flounder ................................................................................................................. 5 1.4 n/a n/a 

GB winter flounder ........................................................................................................... 2 0.4 0.4 0.4 

SNE/MA winter flounder .................................................................................................. 1 3.0 3.4 4.4 

White Hake ...................................................................................................................... 2 0.9 n/a n/a 

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TABLE 12—PERCENTAGE OF INCIDENTAL CATCH TACS DISTRIBUTED TO EACH SPECIAL MANAGEMENT PROGRAM

Stock 

Regular B 

DAS 

program 

(percent) 

Closed area 

I hook gear 

haddock 

SAP 

(percent) 

Eastern US/ 

CA haddock 

SAP 

(percent) 

GB cod ..................................................................................................................................................... 50 16 34 

GB yellowtail flounder .............................................................................................................................. 50 n/a 50 

SNE/MA yellowtail flounder ..................................................................................................................... 100 n/a n/a 

CC/GOM yellowtail flounder .................................................................................................................... 100 n/a n/a 

Plaice ....................................................................................................................................................... 100 n/a n/a 

Witch Flounder ......................................................................................................................................... 100 n/a n/a 

GB winter flounder ................................................................................................................................... 50 n/a 50 

SNE/MA winter flounder .......................................................................................................................... 100 n/a n/a 

White Hake .............................................................................................................................................. 100 n/a n/a 

TABLE 13—INCIDENTAL CATCH TACS FOR EACH SPECIAL MANAGEMENT PROGRAM FOR FY 2012–2014 (MT, LIVE

WEIGHT) 

Stock 

Regular B DAS 

program 

Closed area I hook 

gear haddock SAP 

Eastern U.S./Canada 

haddock SAP 

2012 2013 2014 2012 2013 2014 2012 2013 2014 

GB cod ............................................................................................... 0.9 n/a n/a 0.3 0.0 0.0 0.6 0.0 0.0 

GB yellowtail flounder ........................................................................ 0.03 n/a n/a n/a n/a n/a 0.03 n/a n/a 

SNE/MA yellowtail flounder ............................................................... 1.7 n/a n/a n/a n/a n/a n/a n/a n/a 

CC/GOM yellowtail flounder .............................................................. 0.3 n/a n/a n/a n/a n/a n/a n/a n/a 

Plaice ................................................................................................. 3.5 n/a n/a n/a n/a n/a n/a n/a n/a 

Witch Flounder ................................................................................... 1.4 n/a n/a n/a n/a n/a n/a n/a n/a 

GB winter flounder ............................................................................. 0.2 0.2 0.2 n/a n/a n/a 0.2 0.2 0.2 

SNE/MA winter flounder .................................................................... 3.0 3.4 4.4 n/a n/a n/a n/a n/a n/a 

White hake ......................................................................................... 0.9 n/a n/a n/a n/a n/a n/a n/a n/a 

7. Common Pool Trimester Total 

Allowable Catches 

Beginning in FY 2012, the common 

pool sub-ACL for each stock will be 

divided into trimester TACs at the start 

of the fishing year. The percentage of 

each sub-ACL allocated to each 

trimester was determined in 

Amendment 16. The current regulations 

require that, with the exception of both 

stocks of windowpane flounder, ocean 

pout, and Atlantic halibut, once 90 

percent of the trimester TAC is 

projected to be caught, the area where 

90 percent of the catch for the pertinent 

stock occurred will be closed. The area 

closure will apply to all common pool 

vessels fishing with gear capable of 

catching the pertinent stock. The 

trimester TAC areas for each stock, as 

well as the applicable gear types are 

defined at § 648.82(n)(2). Any overages 

or underages of the trimester TAC in 

Trimester 1 or Trimester 2 will be 

applied to the next trimester (e.g., any 

remaining portion of the Trimester 1 

TAC will be added to the Trimester 2 

TAC). Any overage of the total sub-ACL 

will be deducted from the following 

fishing year’s common pool sub-ACL for 

that stock. Uncaught portions of the 

Trimester 3 TAC will not be carried over 

into the following fishing year. 

Based on the ACLs and sub-ACLs 

proposed in Framework 47, this rule 

also proposes trimester TACs for FYs 

2012–2014 for the common pool (Table 

14 and Table 15). As described earlier, 

vessels have until April 30, 2012, to 

drop out of a sector, and common pool 

vessels have been provided additional 

flexibility to join a sector through April 

30, 2012. Sector rosters for each fishing 

year are finalized on May 1. The ACLs 

and sub-ACLs proposed in this rule are 

based on current FY 2012 sector rosters 

as of December 1, 2011. Any changes to 

the sector rosters will also change the 

proposed sector and common pool subACLs, and as a result, the trimester 

TACs proposed in this rule may also 

change. Based on the final sector rosters, 

NMFS will publish a rule in early May 

2012, if necessary, to modify these subACLs, and notify the public of these 

changes. As described in Item 9 of this 

preamble, Framework 47 proposes to 

revise the accountability measures for 

the groundfish fishery for the six stocks 

not currently allocated to sectors. If 

approved, these proposed measures 

would remove the common pool 

trimester TAC requirement for SNE/MA 

winter flounder, both stocks of 

windowpane flounder, ocean pout, 

Atlantic halibut, and Atlantic wolffish. 

Proposed FY 2012–2014 trimester TACs 

are presented in Table 15 for each stock 

based on the current regulations. 

TABLE 14—PERCENTAGE OF COMMON POOL SUB-ACL DISTRIBUTED TO EACH TRIMESTER

Stock 

Percentage of common pool sub-ACL 

Trimester 1 Trimester 2 Trimester 3 

GB Cod .................................................................................................................................................... 25 37 38 

GOM Cod ................................................................................................................................................. 27 36 37 

GB Haddock ............................................................................................................................................ 27 33 40 

GOM Haddock ......................................................................................................................................... 27 26 47 

GB Yellowtail Flounder ............................................................................................................................ 19 30 52 

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TABLE 14—PERCENTAGE OF COMMON POOL SUB-ACL DISTRIBUTED TO EACH TRIMESTER—Continued 

Stock 

Percentage of common pool sub-ACL 

Trimester 1 Trimester 2 Trimester 3 

SNE/MA Yellowtail Flounder ................................................................................................................... 21 37 42 

CC/GOM Yellowtail Flounder .................................................................................................................. 35 35 30 

American Plaice ....................................................................................................................................... 24 36 40 

Witch Flounder ......................................................................................................................................... 27 31 42 

GB Winter Flounder ................................................................................................................................. 8 24 69 

GOM Winter Flounder ............................................................................................................................. 37 38 25 

SNE/MA Winter Flounder ........................................................................................................................ 36 50 14 

Redfish ..................................................................................................................................................... 25 31 44 

White Hake .............................................................................................................................................. 38 31 31 

Pollock ..................................................................................................................................................... 28 35 37 

N. Windowpane Flounder ........................................................................................................................ 33 33 34 

S. Windowpane Flounder ........................................................................................................................ 33 33 34 

Ocean Pout .............................................................................................................................................. 33 33 34 

Atlantic Halibut ......................................................................................................................................... 33 33 34 

Atlantic Wolffish ....................................................................................................................................... 75 13 12 

TABLE 15—PROPOSED FY 2012–2014 COMMON POOL TRIMESTER TACS

Stock 

2012 2013 2014 

Tri 1 Tri 2 Tri 3 Tri 1 Tri 2 Tri 3 Tri 1 Tri 2 Tri 3 

GB Cod ............................................................................ 21.8 32.2 33.1 n/a n/a n/a n/a n/a n/a 

GOM Cod ......................................................................... 0.0 0.0 0.0 n/a n/a n/a n/a n/a n/a 

GB Haddock ..................................................................... 38.0 46.4 56.2 n/a n/a n/a n/a n/a n/a 

GOM Haddock ................................................................. 2.6 2.5 4.6 n/a n/a n/a n/a n/a n/a 

GB Yellowtail Flounder .................................................... 0.6 0.9 1.6 n/a n/a n/a n/a n/a n/a 

SNE/MA Yellowtail Flounder ............................................ 32.0 50.5 87.6 n/a n/a n/a n/a n/a n/a 

CC/GOM Yellowtail Flounder ........................................... 9.5 9.5 8.1 n/a n/a n/a n/a n/a n/a 

American Plaice ............................................................... 17.0 25.5 28.3 n/a n/a n/a n/a n/a n/a 

Witch Flounder ................................................................. 7.6 8.8 11.9 n/a n/a n/a n/a n/a n/a 

GB Winter Flounder ......................................................... 1.8 5.3 15.2 1.8 5.3 15.2 1.7 5.1 14.5 

GOM Winter Flounder ...................................................... 8.8 9.0 5.9 8.8 9.0 5.9 8.8 9.0 5.9 

SNE/MA Winter Flounder ................................................. 109.0 151.4 42.4 121.3 168.5 47.2 158.8 220.5 61.7 

Redfish ............................................................................. 16.6 20.6 29.2 n/a n/a n/a n/a n/a n/a 

White Hake ....................................................................... 17.2 14.0 14.0 n/a n/a n/a n/a n/a n/a 

Pollock .............................................................................. 27.8 34.8 36.8 28.2 35.3 37.3 29.0 36.3 38.3 

N. Windowpane Flounder ................................................ 42.5 42.5 43.8 42.5 42.5 43.8 42.5 42.5 43.8 

S. Windowpane Flounder ................................................. 23.7 23.7 24.4 23.7 23.7 24.4 23.7 23.7 24.4 

Ocean Pout ...................................................................... 70.7 70.7 72.9 70.7 70.7 72.9 70.7 70.7 72.9 

Atlantic Halibut ................................................................. 12.0 12.0 12.4 12.0 12.0 12.4 12.0 12.0 12.4 

Atlantic Wolffish ................................................................ 55.0 9.5 8.8 55.0 9.5 8.8 55.0 9.5 8.8 

* Tri 1 = Trimester 1; Tri 2 = Trimester 2; Tri 3 = Trimester 3. 

8. Common Pool Restricted Gear Areas 

Amendment 16 implemented two 

restricted gear areas (RGAs) for common 

pool vessels beginning in FY 2010: The 

Western GB Multispecies RGA and the 

SNE Multispecies RGA. These RGAs 

were developed to help meet the 

mortality objectives for the common 

pool fishery and primarily reduce the 

catch of flatfish species by common 

pool vessels. The current regulations 

require common pool vessels fishing 

under a NE multispecies DAS that fish 

any part of a trip in these RGAs to use 

a haddock separator trawl, a Ruhle 

trawl, a rope trawl, longline/tub trawls, 

handgear, or sink gillnets. Tie-down 

gillnets are also allowed to be used in 

these areas, or stowed on board, as long 

as the mesh is greater than or equal to 

10 inches (25.4 cm). Common pool 

vessels fishing in either of these RGAs 

are required to declare into the area via 

the Vessel Monitoring System, or obtain 

a letter of authorization from the RA to 

fish in these RGAs. 

Framework 47 proposes to remove the 

Western GB and SNE Multispecies 

RGAs based on a determination that 

there are sufficient fishing mortality 

controls for common pool vessels to 

limit catch within the pertinent catch 

limits. In addition, Framework 47 also 

proposes to modify AMs for several 

groundfish stocks, which, if approved, 

would include restricted gear areas for 

common pool and sector vessels if total 

catch limits are exceeded during the 

fishing year. Removing the Western GB 

and SNE Multispecies RGAs would 

simplify the regulations and avoid 

confusion between the proposed AM 

areas and the existing common pool 

RGAs. In addition, removing the 

Western GB and SNE Multispecies 

RGAs would facilitate fishing by 

common pool vessels without risk of 

exceeding common pool catch limits. 

9. Accountability Measures 

AMs are required to prevent 

overfishing and ensure accountability in 

the fishery. Proactive AMs are intended 

to prevent ACLs from being exceeded 

and reactive AMs are meant to correct 

or mitigate overages if they occur. 

Amendment 16 implemented AMs for 

all of the groundfish stocks. For the six 

stocks not currently allocated to sectors 

(SNE/MA winter flounder, northern and 

southern windowpane flounder, ocean 

pout, Atlantic wolffish, and Atlantic 

halibut), the current AM is triggered if 

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catch by sector and common pool 

vessels exceeds the common pool catch 

limit. For FYs 2010 and 2011, if the 

common pool sub-ACL is exceeded, a 

differential DAS rate based on the 

proportion of the common pool subACL caught is applied in the differential 

DAS area for the pertinent stock. The 

differential DAS rate only applies to 

common pool vessels fishing under a 

NE multispecies DAS. Beginning in FY 

2012, the common pool sub-ACL will be 

divided into trimester TACs. For 

Atlantic wolffish and SNE/MA winter 

flounder, if the common pool catch 

exceeds 90 percent of the trimester TAC, 

the area that accounts for 90 percent of 

the catch would be closed to common 

pool vessels fishing with certain gear 

types for the remainder of the trimester. 

Any overages of the common pool subACL will be deducted from the sub-ACL 

for the pertinent stock in the following 

fishing year. 

Upon approval of Amendment 16, 

NMFS notified the Council that it was 

concerned with the AMs developed for 

stocks not allocated to sectors because 

they lacked sector-specific AMs. NMFS 

recommended that the Council develop 

appropriate AMs for these stocks in a 

future action. As a result, Framework 47 

proposes to modify the AMs for these 

stocks for common pool and sector 

vessels. During the development of 

Framework 47, there was ongoing 

litigation on Amendment 16. 

Environmental groups challenged 

Amendment 16 partially due to the lack 

of sector-specific AMs for stocks not 

allocated to sectors. On December 20, 

2011, the U.S. District Court for the 

District of Columbia upheld all 

challenged measures in Amendment 16, 

except for the AMs for those stocks not 

allocated to sectors (SNE/MA winter 

flounder, northern windowpane 

flounder, southern windowpane 

flounder, ocean pout, Atlantic halibut, 

and Atlantic wolffish). In its only 

adverse finding, the Court found that 

Amendment 16 lacked adequate reactive 

AMs (i.e., AMs that are implemented if 

an ACL is exceeded) for these stocks 

and remanded the issue to NMFS and 

the Council for further action. NMFS is 

requesting public comment on the 

adequacy of the proposed AMs in this 

action in light of the recent litigation. 

Ocean Pout and Windowpane 

Flounder, and Atlantic Halibut 

Framework 47 proposes area-based 

AMs for ocean pout and both stocks of 

windowpane flounder, and a zeropossession AM for Atlantic halibut for 

sector and common pool vessels that 

would be triggered if the total ACL is 

exceeded. During year 2, NMFS would 

evaluate catch for year 1, and, if the 

total ACL is exceeded, the AM would be 

implemented in year 3. For example, if 

the total ACL for ocean pout is exceeded 

in FY 2012, NMFS would implement 

the applicable AM for ocean pout in FY 

2014. To determine if the total ACL is 

exceeded, NMFS would include catch 

by the groundfish fishery as well as 

catch by sub-components of the fishery 

(e.g., state waters and non-groundfish 

fisheries). The implementation of AMs 

in year 3 would allow a complete and 

accurate evaluation of catch for year 1. 

Catch of these stocks occurs in state 

waters and non-groundfish fisheries, 

and in-season catch data is not available 

for these fisheries. Due to the current 

data availability, the proposed timing of 

these AMs would allow for accurate 

catch accounting, and will ensure an 

AM is not inadvertently implemented. 

Improved data availability in the future 

may allow for modification of the timing 

of these AMs. 

Currently, ocean pout, northern and 

southern windowpane flounder, and 

Atlantic halibut are not allocated to 

sectors, and a sub-ACL is only specified 

for the common pool fishery. Catch by 

common pool and sector vessels is 

applied to the common pool sub-ACL 

for these stocks. However, if a sub-ACL 

is specified in the future for other 

fisheries, and AMs are developed for 

these fisheries, the AMs for the 

groundfish fishery or any other fisheries 

would only be triggered if the total ACL 

for the stock is exceeded and the 

fishery’s sub-ACL was also exceeded, 

including its share of any overage 

caused by other sub-components of the 

fishery. Since these proposed AMs are 

meant to restrict catch by common pool 

and sector vessels, sectors would not be 

able to request an exemption from these 

AM provisions. 

If the total ACL is exceeded for ocean 

pout, northern windowpane flounder, or 

southern windowpane flounder in year 

1, gear restrictions would apply in the 

AM areas developed for each stock for 

both sector and common pool vessels in 

year 3. For all three stocks, trawl vessels 

would be required to use selective trawl 

gear. Approved gears include the 

haddock separator trawl, the Ruhle 

trawl (see Item 14 for description of 

Ruhle trawl that includes the mid-sized 

eliminator (or Ruhle) trawl in the 

definition of this gear type), the rope 

trawl, and any other gears authorized by 

the Council in a management action or 

approved for use consistent with the 

process defined at § 648.85(b)(6). There 

would be no restrictions on longline or 

gillnet gear because it was determined 

that these gear types comprise a small 

amount of the total catch for these 

stocks. If the amount of the total ACL 

overage is between the management 

uncertainty buffer and up to 20 percent, 

the small AM area would be triggered 

for the pertinent stock. Currently, the 

management uncertainty buffer is 5 

percent; however, this buffer could be 

modified in the future. If the amount of 

the overage is more than 20 percent, the 

large AM area would be triggered. The 

applicable GB AM area would be 

implemented if the total ACL for 

northern windowpane is exceeded, and 

the applicable SNE AM area would be 

implemented if the total ACL for 

southern windowpane is exceeded. Both 

the GB and SNE AM areas would be 

implemented if the total ACL for ocean 

pout is exceeded. Sectors would be 

prohibited from requesting an 

exemption from these AM provisions. 

Currently, common pool and sector 

vessels have a one-fish landing limit for 

Atlantic halibut. If the total ACL for 

Atlantic halibut is exceeded in year 1, 

landing of Atlantic halibut would be 

prohibited by common pool and sector 

vessels in year 3. This AM is expected 

to keep mortality of Atlantic halibut 

below the target levels because a portion 

of the discarded fish would be expected 

to survive. 

SNE/MA Winter Flounder and Atlantic 

Wolffish 

Currently, commercial and 

recreational vessels are prohibited from 

possessing SNE/MA winter flounder 

and Atlantic wolffish. Framework 47 

proposes to adopt the current 

possession prohibition as a proactive 

AM for SNE/MA winter flounder and 

Atlantic wolffish for both commercial 

and recreational vessels. Under these 

proposed measures, the current 

trimester TAC AM for SNE/MA winter 

flounder and Atlantic wolffish that 

applies to common pool vessels would 

be removed. Based on FY 2010 catch 

information and partial FY 2011 catch 

information, the prohibition on 

possession has adequately kept the 

catch of this stock within the mortality 

targets. 

10. Removal of Cap on Yellowtail 

Flounder Catch in Scallop Access Areas 

In 2004, Framework 39 to the NE 

Multispecies FMP and Framework 16 to 

the Atlantic Sea Scallop FMP 

implemented a cap on the amount of 

yellowtail flounder that could be caught 

in the Nantucket Lightship, Closed Area 

I, and Closed Area II Sea Scallop Access 

Areas. This measure was implemented 

before ACL and AM provisions were 

added to the NE Multispecies and 

Atlantic Sea Scallop FMPs in order to 

ensure that yellowtail flounder catches 

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did not exceed the target TACs for 

yellowtail flounder or exceed the U.S 

TAC for GB yellowtail flounder. Under 

the current regulations, scallop vessels 

are allowed to catch up to 10 percent of 

the total SNE/MA yellowtail flounder 

ACL from the Nantucket Lightship Sea 

Scallop Access Area, and up to 10 

percent combined of the U.S. TAC of GB 

yellowtail flounder from the Closed 

Area I and Closed Area II Sea Scallop 

Access Areas. Once the 10-percent 

access area cap is caught, the pertinent 

access area is closed to scallop vessels 

for the remainder of the scallop fishing 

year. 

Framework 47 proposes to remove the 

10-percent access area cap for the 

Nantucket Lightship, Closed Area I, and 

Closed Area II Sea Scallop Access 

Areas. The scallop fishery would still be 

subject to its GB and SNE/MA 

yellowtail flounder sub-ACLs, but there 

would be no limit on how much of the 

sub-ACLs could be caught in the scallop 

access areas. This proposed measure 

would remove an unnecessary provision 

now that the fishery is managed under 

ACLs. ACLs limit the amount of 

yellowtail flounder that can be caught 

by the scallop fishery, so a catch cap for 

the access areas is no longer necessary 

to meet fishing mortality objectives. 

11. Implementation of Scallop Fishery 

Accountability Measure 

Each year a portion of the GB and 

SNE/MA yellowtail flounder ABC is 

allocated to the scallop fishery as a subACL. Currently, if the scallop fishery 

exceeds its sub-ACL for either of these 

stocks by 1 percent or more in the 

scallop fishing year, pre-identified 

statistical areas with high catch rates of 

yellowtail flounder will close to limited 

access scallop vessels. The closure 

would be in place for consecutive 

months beginning at the start of the 

subsequent scallop fishing year, and the 

duration of the closure would depend 

on the magnitude of the overage. The 

proposed rule for Framework 23 to the 

Atlantic Sea Scallop FMP (Framework 

23) was published in the Federal 

Register on January 3, 2012 (77 FR 52). 

Framework 23 proposes to revise the 

yellowtail flounder seasonal closure AM 

schedule for scallop vessels to ensure 

that the closures would occur during the 

months with the highest yellowtail 

flounder catch rates. If approved, 

Framework 23 would likely become 

effective in April 2012. 

Framework 47 proposes to modify 

when the AM for the scallop fishery 

would be triggered. If the scallop fishery 

exceeds it sub-ACL for any groundfish 

stock, and the total ACL for that stock 

is also exceeded, the corresponding 

scallop seasonal closure would be 

implemented according to the seasonal 

closure AM schedule. In addition, if the 

scallop fishery exceeds its sub-ACL by 

50 percent or more for any groundfish 

stock, the scallop seasonal closure AM 

would be implemented according to the 

schedule. When evaluating whether the 

total ACL has been exceeded for a 

groundfish stock for the purposes of 

triggering the scallop fishery AM, NMFS 

would add the maximum carryover 

available to the groundfish fishery to the 

estimate of total catch. Currently, the 

scallop fishery is allocated a sub-ACL 

for GB and SNE/MA yellowtail 

flounder; however, this measure would 

also apply to the scallop fishery AM for 

any additional groundfish stock that is 

allocated to the scallop fishery in a 

future action. If approved, this measure 

would apply retroactively to the 2011 

scallop fishing year. 

The scallop fishing year ends on 

February 28, and the groundfish fishing 

year ends on April 30. Given the 

differences in fishing years, complete 

catch information for GB and SNE/MA 

yellowtail flounder would not be 

available until sometime after April 30. 

In addition, inseason catch information 

is not available for groundfish ACL subcomponents, such as state waters catch. 

As a result, when evaluating the total 

catch of GB and SNE/MA yellowtail 

flounder for the purposes of triggering 

the scallop fishery AM, NMFS would 

primarily rely on partial catch 

information to project total fishing year 

catch of these two stocks from state 

waters and non-groundfish fisheries. 

NMFS would also use partial fishing 

year data to estimate GB and SNE/MA 

yellowtail flounder catch by the 

groundfish fishery and would project 

catch of these two stocks by groundfish 

vessels for the remainder of the 

groundfish fishing year. Although this 

proposed measure would allow more 

flexibility for the scallop fishery, there 

would be uncertainty associated with 

the catch projections used to determine 

whether the scallop fishery AM should 

be triggered. NMFS is seeking public 

comment on the use of these catch 

estimates for the purposes of triggering 

the scallop fishery AM. 

This proposed measure would allow 

more flexibility in the fishery. 

Currently, the yellowtail flounder 

allocation to the scallop fishery is based 

on an estimate of the yellowtail flounder 

expected to be caught with the projected 

scallop harvest for the fishing year. 

Because there is uncertainty in 

estimating the projected yellowtail 

flounder catch in the scallop fishery, the 

proposed revision to the AM trigger 

would account for projection 

uncertainty without compromising the 

mortality objectives for GB and SNE/MA 

yellowtail flounder. In addition, 

triggering the AM when the scallop 

fishery exceeds its allocation by 50 

percent or more will still ensure 

accountability in the fishery. The 

Council did not specifically include 

how to reference this measure in the 

scallop regulations in Framework 47; 

therefore, these references are proposed 

by NMFS under the authority of Section 

305(d) of the Magnuson-Stevens Act. 

12. Inseason Re-Estimation of Scallop 

Fishery GB Yellowtail Flounder SubACL 

The allocation of the GB yellowtail 

flounder sub-ACL to the scallop fishery 

is based on an estimate of the amount 

of GB yellowtail flounder the scallop 

fishery is expected to catch, which is 

determined by the scallop quota for the 

fishing year. The estimate is based on 

past fishing activity and projected 

changes in the stock size of GB 

yellowtail flounder and scallops. There 

are no restrictions on how much GB 

yellowtail flounder can be allocated to 

the scallop fishery. In FY 2010, the 

scallop fishery was allocated 100 

percent of the estimated GB yellowtail 

flounder catch associated with the 

projected scallop catch. In FY 2011 and 

FY 2012, the scallop fishery was 

allocated 90 percent of the projected GB 

yellowtail flounder catch. Because there 

is uncertainty in the initial estimates of 

projected GB yellowtail flounder catch, 

there is a possibility that the initial 

allocation to the scallop fishery could be 

too low, which could cause the scallop 

sub-ACL to be exceeded, or that the 

initial allocation to the scallop fishery 

could be too high, which could reduce 

GB yellowtail flounder yield. 

Due to the uncertainty in the initial 

estimates of projected GB yellowtail 

flounder and scallop catch, and to 

prevent the loss of available yield of GB 

yellowtail flounder, Framework 47 

proposes to create a mechanism to reestimate the expected GB yellowtail 

flounder catch by the scallop fishery by 

January 15 of each fishing year. If the reestimate of projected GB yellowtail 

flounder indicates that the scallop 

fishery will catch less than 90 percent 

of its sub-ACL, NMFS would reduce the 

scallop fishery sub-ACL to the amount 

expected to be caught and increase the 

groundfish fishery sub-ACL for GB 

yellowtail flounder by the difference 

between the original estimate and the 

revised estimate. The increase to the 

groundfish fishery sub-ACL would be 

distributed to sectors and the common 

pool. NMFS would not make any 

changes to the GB yellowtail flounder 

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sub-ACL for the scallop fishery if the 

revised estimate indicates that the 

scallop fishery will catch 90 percent or 

more of its sub-ACL. NMFS would 

notify the public of any changes to the 

GB yellowtail flounder sub-ACLs 

consistent with the Administrative 

Procedure Act. 

In addition, due to uncertainty 

associated with the revised estimate of 

expected GB yellowtail flounder catch, 

NMFS would have the authority to 

adjust the size of the change made to the 

sub-ACLs for the scallop and groundfish 

fisheries. Based on the amount of the 

uncertainty, NMFS could revise the subACLs by any amount between the initial 

estimate of expected GB yellowtail 

flounder catch by the scallop fishery 

and the revised estimate. 

Implementation of this measure would 

be delayed until data availability for 

projecting GB yellowtail flounder catch 

is sufficient to re-estimate the GB 

yellowtail flounder sub-ACL for the 

scallop fishery mid-season. 

Consideration of uncertainty and delay 

in implementation of this measure 

would avoid errors in the re-estimation 

of the GB yellowtail flounder sub-ACLs 

if the projected scallop fishery catch is 

underestimated. Errors in the reestimation of the scallop fishery subACL could cause the scallop fishery to 

exceed its sub-ACL if projected catch is 

underestimated. In addition, if the 

groundfish fishery catches the 

additional GB yellowtail flounder 

allocated mid-fishing year, the U.S. TAC 

for GB yellowtail flounder could be 

exceeded. 

This proposed measure will prevent 

any loss of GB yellowtail flounder yield 

that may occur if the initial catch 

estimate of this stock by the scallop 

fishery is too high. Re-estimation of the 

expected GB yellowtail flounder catch 

by the scallop fishery mid-season would 

allow additional GB yellowtail flounder 

yield by the commercial groundfish 

fishery and would help achieve 

optimum yield for this stock. 

13. Annual Measures for FY 2012 Under 

Regional Administrator Authority 

The FMP provides authority for the 

RA to implement certain types of 

management measures for the common 

pool fishery, the U.S./Canada 

Management Area, and Special 

Management Programs on an annual 

basis, or as needed. This proposed rule 

includes a description of the 

management measures being considered 

by the RA for FY 2012 in order to 

provide an opportunity for the public to 

comment on whether the proposed 

measures are appropriate. These 

measures are not part of Framework 47, 

and were not specifically proposed by 

the Council, but are proposed in 

conjunction with Framework 47 for 

expediency purposes and because they 

relate to the proposed Framework 47 

measures (i.e., ACLs). The RA may 

implement different measures from the 

FY 2012 measures proposed in this 

action if current information indicates 

such measures are necessary to meet the 

requirements of the FMP. The measures 

implemented through RA authority for 

FY 2012 will be implemented through 

the Framework 47 final rule, or, if 

necessary, through a separate final rule. 

The RA has the authority to modify 

common pool trip limits in order to 

prevent exceeding the common pool 

sub-ACLs and facilitate harvest so total 

catch approaches the common pool subACLs. Table 16 provides a summary of 

the default trip limits that would take 

effect in FY 2012 if the RA takes no 

action, the common pool trip limits for 

FY 2011, and the proposed trip limits 

that would be in effect for the start of 

FY 2012. Proposed trip limits for FY 

2012 were developed after considering 

changes to the FY 2012 common pool 

sub-ACLs and sector rosters, trimester 

TACs for FY 2012, catch rates of each 

stock during FY 2011, bycatch, the 

potential for differential DAS counting 

in FY 2012, and other available 

information. For stocks that include a 

range of potential trip limits in Table 16, 

a final trip limit would be specified in 

the final rule implementing these 

measures based upon public comment. 

NMFS is requesting public input on 

common pool trip limits for FY 2012. 

TABLE 16—DEFAULT, FY 2011, AND PROPOSED FY 2012 TRIP LIMITS FOR THE COMMON POOL

Stock Default limit in regulations FY 2011 trip limit Proposed FY 2012 trip limit 

GOM cod ....................................... 800 lb (362.9 kg) per DAS, up to 

4,000 lb (1,818.2 kg) per trip.

500 lb (226.8 kg) per DAS, up to 

2,000 lb (907.2 kg) per trip; reduced to 350 lb (158.8 kg) per 

DAS up to 1,000 lb (453.6 kg) 

per trip.

500 lb (226.8 kg)—800 lb (362.9 

kg) per DAS, up to 2,000 lb 

(907.2 kg) per trip. 

GB cod ........................................... 2,000 lb (907.2 kg) per DAS, up 

to 20,000 lb (9,072 kg) per trip.

3,000 lb (1,360.8 kg) per DAS, up 

to 30,000 lb (13,607.8 kg) per 

trip; reduced to 300 lb (136.1 

kg) per DAS, up to 600 lb 

(272.2 kg) per trip.

2,000 lb (907.2 kg) per DAS, up 

to 20,000 lb (9,072 kg) per trip. 

GOM haddock ................................ Unrestricted .................................. 1,000 lb (453.6 kg) per trip ........... 750 lb (340.2 kg)—1,000 lb 

(453.6 kg) per trip. 

GB haddock ................................... Unrestricted .................................. 10,000 lb (4,535.9 kg) per trip ...... 7,500 lb (3,402 kg)—10,000 lb 

(4,535.9 kg) per trip. 

GOM winter flounder ..................... Unrestricted .................................. 250 lb (113.4 kg) per trip .............. 250 lb (113.4 kg) per trip. 

GB winter flounder ......................... Unrestricted .................................. 1,000 lb (453.6 kg) per trip ........... 1,000 lb (453.6 kg) per trip. 

CC/GOM yellowtail flounder .......... 250 lb (113.4 kg) per DAS, up to 

1,500 (680.4 kg) per trip.

500 lb (226.8 kg) per DAS, up to 

2,000 (907.2 kg) per trip.

250 lb (113.4 kg) per DAS, up to 

1,500 (680.4 kg) per trip. 

GB yellowtail flounder .................... Unrestricted .................................. 1,500 (680.4 kg) per trip ............... 1,000 (453.6 kg)—1,500 (680.4 

kg) per trip. 

SNE/MA yellowtail flounder ........... 250 lb (113.4 kg) per DAS, up to 

1,500 (680.4 kg) per trip.

500 lb (226.8 kg), up to 2,000 

(907.2 kg) per trip.

500 lb (226.8 kg), up to 2,000 

(907.2 kg) per trip—1,500 lb 

(680.4 kg), up to 4,500 (2,041.1 

kg) per trip. 

American plaice ............................. Unrestricted .................................. Unrestricted .................................. Unrestricted. 

Pollock ........................................... 1,000 lb (450 kg) per DAS; up to 

10,000 lb (4,500 kg) per trip.

Unrestricted .................................. Unrestricted. 

Witch flounder ................................ Unrestricted .................................. 250 lb (113.4 kg) per trip .............. 250 lb (113.4 kg) per trip. 

White hake ..................................... 500 lb (226.8 kg) per DAS; up to 

2,000 lb (907.2 kg) per trip.

1,500 lb (680.4 kg) per trip ........... 1,000 lb (453.6 kg)—1,500 lb 

(680.4 kg) per trip. 

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TABLE 16—DEFAULT, FY 2011, AND PROPOSED FY 2012 TRIP LIMITS FOR THE COMMON POOL—Continued 

Stock Default limit in regulations FY 2011 trip limit Proposed FY 2012 trip limit 

Redfish ........................................... Unrestricted .................................. Unrestricted .................................. Unrestricted. 

The RA has the authority to determine 

the allocation of the total number of 

trips into the Closed Area II Yellowtail 

Flounder/Haddock SAP based on 

several criteria, including the GB 

yellowtail flounder TAC and the 

amount of GB yellowtail flounder 

caught outside of the SAP. In 2005, 

Framework 40B (June 1, 2005; 70 FR 

31323) implemented a provision that no 

trips should be allocated to the Closed 

Area II Yellowtail Flounder/Haddock 

SAP if the available GB yellowtail 

flounder catch is insufficient to support 

at least 150 trips with a 15,000-lb 

(6,804-kg) trip limit (i.e., 150 trips of 

15,000 lb (6,804 kg)/trip, or 2,250,000 lb 

(1,020,600 kg). This calculation 

accounts for the projected catch from 

the area outside the SAP. Based on the 

groundfish sub-ACL of 479,946 lb 

(217,700 kg), there is insufficient GB 

yellowtail flounder to allocate any trips 

to the SAP, even if the projected catch 

from outside the SAP area is zero. 

Therefore, based on existing authority, 

this action proposes to allocate zero 

trips to the Closed Area II Yellowtail 

Flounder/Haddock SAP for FY 2012. 

Vessels could still fish in this SAP in FY 

2012 using a haddock separator trawl, a 

Ruhle trawl, or hook gear. Vessels 

would not be allowed to fish in this SAP 

using flounder nets. 

14. Mid-Size Ruhle Trawl 

The Council requested that NMFS 

implement a smaller-scale version of the 

Ruhle trawl (i.e., the mid-size 

Eliminator Trawl), which is a trawl 

designed with large meshes in the 

forward part of the net to reduce catch 

of cod and flatfish. Specifically, the 

Council requested that the mid-size 

Eliminator Trawl should be: (1) 

Available for use by both sector and 

non-sector vessels in the Eastern U.S./ 

Canada Haddock SAP and Regular B 

DAS Program; and (2) assigned a 

separate gear code but should not be 

assigned a separate stratum for the 

purpose of discard information. This 

action proposes to broaden the current 

definition of the Ruhle Trawl to include 

the mid-size Eliminator trawl. 

Expanding this definition would 

increase fishing opportunity for smaller 

vessels by allowing them to utilize this 

smaller-scale trawl, and therefore, have 

access to the Haddock SAP, as well as 

the B DAS program. In addition, vessels 

would be able to operate under the 

Ruhle trawl gear code, which would 

result in reduced discard rates for 

certain species, particularly depleted 

stocks that may have constraining catch 

limits. 

Vessels fishing in the Regular B DAS 

Program or the Haddock SAP must use 

approved trawl gear that has been 

determined to reduce the catch of NE 

multispecies stocks of concern. The RA 

may approve additional gears for use in 

the Regular B DAS Program and the 

Eastern U.S./Canada Haddock SAP if a 

gear meets gear performance standards 

defined at § 648.85(b)(6)(iv)(J)(2). These 

gear performance standards were 

developed to allow the harvest of 

healthy stocks (e.g., GB haddock) while 

avoiding the capture of stocks of 

concern (e.g., GB cod and GB yellowtail 

flounder). The full-size Eliminator trawl 

(i.e., Ruhle trawl) was tested in 2006. 

This experiment demonstrated that it 

effectively harvested the target species 

haddock while reducing catches of cod 

and other stocks of concern. NMFS, 

upon the request of the Council, 

approved the Ruhle trawl for use in the 

B DAS Program and Haddock SAP on 

July 14, 2008 (73 FR 40186). The current 

definition of the Ruhle trawl is specific 

to the experimental net, which was 

designed for relatively large vessels. 

The University of Rhode Island (URI) 

conducted a follow-on study that tested 

two smaller versions of the Ruhle trawl 

that could be used by smaller vessels 

(small-size Eliminator trawl and midsize Eliminator trawl) to determine if 

the catch performance of the smaller 

trawls is similar to that of the full-size 

trawl. In January 2010, URI submitted a 

final report titled ‘‘Exploring Bycatch 

Reduction in the Haddock Fishery 

Through the Use of the Eliminator 

Trawl (Ruhle Trawl) with Fishing 

Vessels in the 250 to 550 HP Range.’’ 

Although the small-size Eliminator did 

not attain the desired catch performance 

results, the mid-size Eliminator had 

catch performance characteristics very 

similar to those of the Ruhle trawl. 

Following a successful peer review, the 

Council determined that the mid-size 

Eliminator trawl effectively meets the 

pertinent gear performance standards 

and requested that NMFS approve the 

use of the mid-size Eliminator trawl for 

use by sector and non-sector vessels in 

the B DAS Program and Haddock SAP. 

Vessels participating in the NE 

multispecies common pool and sector 

management programs are subject to 

catch limits, which include discarded 

catch. Vessel Trip Report (VTR) gear 

codes, in conjunction with stock area 

fished and sector, are used to establish 

discard strata for each NE multispecies 

stock to ensure these catch limits are not 

exceeded. Each discard stratum has a 

particular discard rate associated with 

each NE multispecies stock based on 

Northeast Fisheries Observer Program 

(NEFOP) and at-sea-monitor (ASM) 

data. There are currently three 

commonly used VTR trawl gear codes 

for groundfish: Bottom fish; haddock 

separator; and Ruhle trawl. Because the 

haddock separator trawl and the Ruhle 

trawl were designed to fish more 

selectively than a regular bottom fish 

trawl, trips using these two gear types 

generally have reduced catch for certain 

stocks of NE multispecies, particularly 

flatfish and cod, resulting in a lower 

discard rate for these species. Due to the 

similar catch performance 

characteristics of the mid-size 

Eliminator and Ruhle trawl, the Council 

has requested that data from both be 

pooled for the purpose of assigning 

discard rates and establishing discard 

strata. 

The Council also requested that 

NMFS create a new VTR gear code for 

the mid-size Eliminator Trawl as a 

means to monitor the catch performance 

of this net design in the fishery. 

However, creating a new gear code 

would not achieve the Council’s 

objective. A mid-size Eliminator trawl 

could range in size from the 

experimental net up to the size of the 

Ruhle trawl. Consequently, a vessel may 

correctly choose the mid-size Eliminator 

Trawl VTR gear code, but the net size 

could vary considerably from the 

experimental net size, which precludes 

the ability to use a VTR gear code to 

monitor how the experimental net 

performs when adopted in the fishery. 

Instead, NMFS proposes to use foot-rope 

length and discard data obtained by 

trips that are accompanied by a NEFOP 

assigned observer or ASM. Data from 

observed or monitored vessels that are 

using a mid-size Eliminator with a 

sweep that is comparable to the 

experimental net sweep of 33m (109 ft) 

would be used to evaluate how the 

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experimental gear is performing in 

practice. 

NMFS proposes to broaden the 

definition of the Ruhle Trawl such that, 

if implemented as proposed, the midsize Eliminator would meet the 

definition of a Ruhle trawl. Upon 

consultation with NMFS fishing gear 

scientists and the URI Eliminator trawl 

research team, this action proposes to 

adjust the current definition of the 

Ruhle trawl to include the smaller 

dimensions of the mid-size Eliminator 

trawl, and only include the primary 

design features of the net design in the 

gear definition. Currently, a Ruhle trawl 

must have a minimum fishing circle of 

at least 398 ft (121.4 m), meet mesh-size 

specifications in the forward portion of 

the net, be rigged with a specific sweep 

configuration, have four seams, and 

have a minimum kite surface area. This 

action would revise the current Ruhle 

trawl definition by making the following 

modifications: Replace the minimum 

fishing circle requirement with a more 

concise and enforceable measure using 

minimum number of meshes at the wide 

end of the first bottom belly; adjust the 

mesh configuration in the forward part 

of the net and the minimum kite area 

requirements to that of the mid-size 

Eliminator; and remove the sweep 

configuration requirements. The sweep 

requirements have been removed from 

the definition as this component of the 

gear is largely based on bottom 

composition and preference, and is not 

the primary bycatch reduction device, 

which is the large meshes located in the 

forward part of the net. The minimum 

mesh sizes and minimum kite area were 

reduced to enable the mid-size 

Eliminator to meet the Ruhle trawl 

definition. 

15. Monitoring of Fillets, Fish Parts, and 

Fish Landed for At-Home Consumption 

This action proposes to remove the 

3:1 counting method for the purposes of 

counting fillets and fish-parts landed for 

at-home consumption against the 

pertinent ACLs. NMFS published an 

interim final rule on July 19, 2011, (76 

FR 42577), which changed the way that 

fillets, fish parts, and fish landed for athome consumption are counted against 

ACLs. That rule specified that all catch 

by a sector vessel, including fillets 

retained by crew for home consumption, 

count against the sector’s ACE for that 

stock; and all catch by a common pool 

vessel, including fillets retained by crew 

for home consumption, count towards 

the vessel’s possession limit for that 

stock and the common pool sub-ACL for 

that stock. The interim final rule 

required that fillets and parts of fish (as 

referenced at § 648.83(b)) be counted at 

a rate of 3:1 both for compliance 

purposes with common pool possession 

limits and for monitoring ACLs. The 

regulations were modified to require the 

weight of fillets or parts of fish to be 

multiplied by 3 and added to the weight 

of whole fish for monitoring purposes to 

ensure all fish landed for at-home 

consumption is attributed to the 

appropriate ACL. 

Since publishing the interim final 

rule, NMFS has developed a more 

precise method to estimate the weight of 

fillets or parts of fish for monitoring 

ACLs. Instead of a universal 3:1 

multiplier, the new method uses 

species-specific conversion factors. The 

species-specific conversion factors used 

for regulated species currently allowed 

to be landed are presented in Table 17. 

These conversion factors, as well as the 

conversion factors for other groundfish 

species and species outside of the NE 

Multispecies FMP, are available from 

NMFS (see ADDRESSES). Fillets and fish 

parts landed would be multiplied by the 

species-specific multiplier for 

monitoring sector ACEs and common 

pool sub-ACLs. This is consistent with 

the FMP requirement that all catch by 

sector and common pool vessels be 

accounted for, and will provide more 

accurate information to be used in 

preventing overharvest of sector ACEs 

and common pool sub-ACLs. The 3:1 

counting rate for fillets and parts of fish 

would continue to be used to determine 

compliance with possession limits for 

the common pool. 

TABLE 17—GROUNDFISH SPECIES

CONVERSION FACTORS FOR FILLETS

AND PARTS OF FISH LANDED FOR

AT-HOME CONSUMPTION

Species Conversion 

factor 

Atlantic cod ............................... 1.169 

Haddock .................................... 1.139 

Yellowtail Flounder ................... 1 

American Plaice ........................ 1 

Witch Flounder ......................... 1 

Winter Flounder ........................ 1 

Redfish ...................................... 1 

White Hake ............................... 1.34 

Pollock ...................................... 1.133 

Atlantic Halibut .......................... 1.142 

16. Charter/Party Vessel Closed Area 

Letter of Authorization 

Framework Adjustment 33 to the NE 

Multispecies FMP (Framework 33) 

provided an exemption to charter/party 

and recreational vessels to fish in the 

GOM Rolling Closure Areas, the 

Western GOM Closure Area, Cashes 

Ledge Closure Area, and the Nantucket 

Lightship Closed Area, provided the 

vessel is issued a letter of authorization 

(LOA) from the Regional Administrator. 

The current regulations specify that a 

vessel issued this LOA is not allowed to 

sell any fish, with the exception of tuna. 

However, the Council’s intent for this 

exemption cited in Framework 33 was 

to exempt all species that are not 

managed by the New England Fishery 

Management Council (NEFMC) or the 

Mid-Atlantic Fishery Management 

Council (MAFMC). In addition to tuna, 

striped bass and lobster, among other 

species, are not managed by the NEFMC 

or the MAFMC, and therefore, should be 

precluded from the prohibition of sale. 

To address this issue, the regulations at 

§ 648.81(c)(2)(ii)(B) and (f)(2)(iii)(B), and 

at § 648.89(e)(3)(ii), would be revised to 

allow the sale of fish species that are not 

managed by the Councils, including 

striped bass and lobster, when a vessel 

holds a charter/party LOA issued by the 

Regional Administrator. 

Request for Comments 

The public is invited to comment on 

any of the measures proposed in this 

rule. NMFS is especially interested in 

receiving comments on the following 

proposed measures for which the 

agency has concern: (1) The proposed 

revisions to the AMs for the six stocks 

not currently allocated to sectors (SNE/ 

MA winter flounder, northern 

windowpane flounder, southern 

windowpane flounder, ocean pout, 

Atlantic halibut, and Atlantic wolffish); 

(2) the use of catch projections for 

evaluating the total yellowtail flounder 

catch in order to trigger the scallop 

fishery AM; and (3) the proposed 

common pool trip limits for FY 2012, 

which is the first year the common pool 

fishery will be subject to the trimester 

TAC AM. 

Classification 

Pursuant to section 304(b)(1)(A) of the 

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this proposed rule is consistent 

with Framework 47 to the FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law, subject to 

further consideration after public 

comment. Further, pursuant to section 

303(c) of the Magnuson-Stevens Act, the 

Council has deemed this proposed rule 

as necessary and appropriate to 

implement Framework 47. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

An IRFA, consistent with the 

Regulatory Flexibility Act (RFA) 

analysis contained in Framework 47 and 

the preamble to this proposed rule, has 

been prepared, as required by section 

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603 of the RFA. The IRFA consists of 

this section, the SUMMARY section of 

the preamble of this proposed rule, and 

the EA prepared for Framework 47. 

Another IRFA, incorporated in this 

summary by reference, was prepared for 

the proposed rule to approve the 2012 

sector operations plans and allocate 

annual catch entitlements to sectors. 

The IRFA describes the economic 

impact this proposed rule would have 

on small entities if adopted. A 

description of the action, why it is being 

considered, and the legal basis for this 

action are contained in Framework 47, 

and in the preamble to this rule. This 

IRFA analyzes expected impacts of the 

proposed measures in Framework 47, 

including setting GOM cod 

specifications based on the new GOM 

cod assessment. As explained in the 

preamble, however, the Council did not 

adopt ABCs for GOM cod in Framework 

47, and if approved, Framework 47 

would not include GOM cod 

specifications for FY 2012–2014. 

Therefore, the following summary also 

includes expected impacts of this 

proposed action in the absence of GOM 

cod specifications. FY 2010, which is 

the last full fishing year for which data 

are available, was used as the baseline 

period in this analysis to estimate the 

impacts of the proposed action on 

regulated small entities. 

Description and Estimate of the Number 

of Small Entities To Which the Proposed 

Rule Will Apply 

The measures proposed in Framework 

47 would primarily affect commercial 

groundfish vessels (in a sector or in the 

common pool) and commercial Atlantic 

sea scallop vessels. The primary 

economic impact of the proposed action 

is associated with the specification of 

ACLs and sub-ACLs. The size standard 

for determining small versus large 

entities for regulated commercial fishing 

entities (North American Industry 

Classification System code 114111) is $4 

million in sales; regulated entities with 

less than $4 million in sales are 

considered small. Multiple vessels may 

be owned by a single owner, and 

contrary to the IRFA prepared for 

Framework 47, data tracking ownership 

recently became available to determine 

affiliated entities. However, this IRFA 

does not analyze the expected impacts 

of the proposed action using ownership 

groups, (i.e., ownership of multiple 

vessels by one owner). Therefore, for the 

purposes of analysis, each permitted 

vessel is treated as a single entity, 

except for vessels participating in the 

sector program, as described below. 

In the IRFA prepared for Framework 

47, as explained in Section 8.11.2 of 

Framework 47, sectors were used as the 

regulated entity for the first time to 

estimate impacts of the proposed action. 

Sectors were used as the entity for 

analysis, in part, because each vessel’s 

Potential Sector Contribution only 

becomes fishable quota if the vessel is 

a member of a sector. Since sectors are 

allocated Annual Catch Entitlement 

(ACE), based on the cumulative 

Potential Sector Contribution of each 

individual sector member, sectors as an 

affiliated entity provides a useful 

approach for analyzing the impacts of 

Framework 47. This approach is 

different than the approach used to 

prepare the IRFA for the proposed rule 

to implement the 2012 sector operations 

plans and allocate ACE to sectors, as 

well as other previous groundfish 

actions. In the past, individual vessels, 

not sectors, were used as the regulated 

entity to estimate impacts of proposed 

measures on vessels participating in the 

sector program. NMFS determined that 

deeming a sector as the regulated entity, 

for the purposes of analysis under the 

Regulatory Flexibility Act (RFA), is a 

useful alternative to analysis of 

individual vessels for Framework 47. 

NMFS believes this analysis should also 

be completed using the individual 

vessel as the regulated entity to provide 

continuity with the RFA analyses of 

previous actions. Therefore, a 

supplemental analysis has been 

prepared using individual vessels as the 

regulated entity to analyze the impacts 

of Framework 47. This supplemental 

analysis, which is described below, 

along with the Framework 47 analysis, 

gives the public the best opportunity to 

review the impacts of Framework 47 in 

the context of prior and concurrent 

actions. 

Under the Framework 47 RFA 

analysis, which is described in Section 

8.11.2 of Framework 47, the entities 

affected by the proposed action would 

include 7 large and 10 small regulated 

entities participating in the sector 

program, and 342 small regulated 

entities in the common pool. If using 

individual vessels as the regulated 

entity for the sector program, this 

proposed action would affect 740 small 

regulated entities enrolled in the sector 

program. In addition, because the 

proposed action would decrease the 

available GB yellowtail flounder, 

permitted scallop vessels are regulated 

by this action. Potentially affected 

entities in the scallop fishery would 

include 347 limited access scallop 

vessels and 730 general category scallop 

vessels. All individual vessels in the sea 

scallop fishery are considered small 

business entities under the Small 

Business Administration criteria. 

Using sectors as the regulated entity 

to estimate impacts of the proposed 

action, there were 7 large and 10 small 

regulated entities participating in the 

sector program in FY 2010. Mean gross 

sales of fish for the 7 large entities was 

$13.7 million and approximately $2 

million for the 10 small entities. Under 

the proposed action, 3 large entities 

would fall below the threshold of $4 

million in sales, which would result in 

4 large and 13 small regulated entities. 

Mean gross sales for the large regulated 

entities are estimated at $9.5 million 

under the proposed action, which is a 

30-percent reduction from the baseline 

period. Mean gross sales for the small 

regulated entities is estimated at $0.7 

million, which is a 62-percent reduction 

from the baseline period. 

There were 343 commercial 

groundfish vessels in the common pool 

that had at least $1 in gross sales from 

fish during FY 2010. All of these were 

small regulated entities with mean gross 

sales of $156,000. Under the proposed 

action, gross sales from groundfish 

would be approximately $2,600, which 

is less than 2 percent of the mean gross 

sales. Although the proposed action 

may trigger common pool accountability 

measures, which would limit 

opportunities to fish for groundfish, the 

impact on small regulated entities 

would likely be insignificant. 

Using individual vessels as the 

regulated entity to estimate the impacts 

of the proposed action, there were 740 

vessels enrolled in the sector program, 

and 607 common pool vessels, in FY 

2010. During the baseline period, there 

were 446 sector vessels, and 343 

common pool vessels, that generated 

gross sales from any species. 305 sector 

vessels, and 145 common pool vessels, 

generated gross sales from groundfish 

species. No individual vessel generated 

gross sales in excess of $4 million. 

Therefore, using individual vessels as 

the regulated entity, all regulated 

entities are considered small, and there 

are no disproportional impacts between 

small and large entities. Mean gross 

sales of fish for vessels enrolled in the 

sector program were $299.9K, and 

$138.1K for common pool vessels. This 

proposed action is expected to reduce 

mean gross sales of fish by 33 percent 

for sector vessels; mean gross sales of 

fish are predicted to be $200.1K. Mean 

gross sales for common pool vessels are 

expected to decline to $132.6K, which 

is less than a 5-percent decline. 

Mean gross sales for limited access 

scallop vessels are approximately $1 

million, and are approximately $80,000 

for general category scallop vessels. The 

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statistical areas with the highest catch 

rates of GB yellowtail flounder are 562 

and 525. If the proposed action caused 

a closure of one or both of these areas 

beginning on March 1, 2013, fishing 

effort by scallop vessels would be 

displaced to other locations, primarily 

the Mid-Atlantic region. Since more 

than 75 percent of revenues from the 

Atlantic sea scallop fishery come from 

statistical areas south of Georges Bank, 

the impact of a closure in statistical 

areas 562 or 525 are difficult to 

anticipate. In addition, during FY 2010, 

less than 1 percent of total revenues in 

the scallop fishery came from the 

statistical areas potentially affected by 

the proposed action. There were no 

access area trips taken in the scallop 

fishery during this time. Opening of 

portions of statistical area 562 to access 

area trips could increase the probability 

of triggering an AM for the scallop 

fishery and could increase the potential 

for adverse regulatory impacts to lost 

access area trips or displaced fishing 

effort. However, the effect on 

profitability is likely to be minimal, and 

because all participating vessels are 

deemed to be small regulated entities, 

there are no disproportional impacts. 

The primary impact of the proposed 

action is associated with setting ACLs, 

which includes specification of subACLs of GB and GOM haddock to the 

Atlantic herring fishery. Because this 

action decreases the ABCs for GB and 

GOM haddock, Atlantic herring vessels 

are potentially affected by this action. In 

calendar year 2010, 90 vessels were 

issued a limited access herring permit 

and two vessels exceeded $4 million in 

sales. Approximately 17 percent of the 

haddock ABCs were landed in FY 2010, 

and similar utilization of the available 

quota is expected under the proposed 

action. Therefore, vessels participating 

in the Atlantic herring fishery are not 

expected to be affected by this action. 

Of the affected entities under the 

proposed action, only groundfish 

sectors and vessels are anticipated to be 

significantly adversely affected. Due to 

conservation needs, the proposed action 

would significantly reduce short-term 

profits for regulated small entities 

relative to the baseline period. 

Regulated small sector entities are 

estimated to be more adversely 

impacted by the proposed action than 

large sector entities. Gross sales for 

small sector entities would be reduced 

by 63 percent, and gross sales for large 

entities would be reduced by 30 

percent. These are short-term impacts. 

In addition, reductions in fishing 

opportunities due to GOM cod and GB 

yellowtail flounder sub-ACLs are 

necessary to ensure rebuilding of these 

stocks. The ability to lease quota 

between sectors and consolidate quota 

within sectors will help mitigate the 

adverse effect on profitability. In 

addition, proposed exemptions 

included in the 2012 sector rule are 

expected to mitigate impacts as 

described in the IRFA prepared for the 

proposed action. However, using sectors 

as the regulated entities, the proposed 

action is likely to have a significant 

impact on regulated small sector entities 

under the disproportionality criteria. 

This analysis was based in part on 

anticipated decreases in the GOM cod 

catch limits for FY 2012–2014 that were 

initially proposed as part of this action. 

However, Framework 47 no longer 

proposes to set the GOM cod catch 

limits for FY 2012–2014, as explained in 

the preamble, and therefore, the 

expected impacts of this proposed 

action on regulated small entities are 

likely to be less. 

Economic Impacts of the Proposed 

Action and Alternatives 

The economic impacts of each 

proposed measure are discussed in more 

detail in Sections 7.4 and 8.11 of the 

Framework 47 EA and are summarized 

below. These analyses use the 

individual vessel to estimate economic 

impacts, except as previously described. 

The proposed ABCs and ACLs are the 

greatest contributing factor to the 

economic impacts of the proposed 

action, particularly the ABCs and ACLs 

for GOM cod and GB yellowtail 

flounder. A range of possible ABCs for 

GOM cod was analyzed, and at the low 

end, the economic impacts are expected 

to be severe and negative. The economic 

impacts of the other proposed measures 

on the groundfish fishery are less 

severe. Although these measures could 

have some negative impacts in the 

short-term, these measures would have 

long-term benefits to the fishery. 

Revised Status Determination Criteria 

and GB Yellowtail Flounder Rebuilding 

Program 

Economic impacts of the proposed 

revisions to the status determination 

criteria for the three winter flounder 

stocks and GOM cod primarily occur 

through the affect these changes have on 

setting the OFLs, ABCs, and ACLs based 

on these criteria. Over the long-term, the 

proposed status determination criteria 

provide a limit on the potential harvest 

from the fishery. The proposed MSY 

values are higher for GB and SNE/MA 

winter flounder than the current MSY 

values considered in the no action 

alternative, which would result in 

potential revenues of $9.6 million more 

than the no action alternative. The 

rebuilding programs for these two stocks 

would determine how much of this 

additional revenue would be realized in 

the fishery. 

Economic impacts of the proposed 

revision to the rebuilding period for GB 

yellowtail flounder would also occur 

through the affect these changes would 

have on setting the specifications each 

year for this stock. The economic impact 

of the various rebuilding strategies for 

GB yellowtail flounder was estimated by 

calculating the net present value of the 

potential revenue streams that would 

occur under each strategy. The proposed 

strategy to rebuild by 2032 would result 

in a mean net present value of $234 

million, which is approximately 5 

percent more than the alternative to 

rebuild the stock by 2023. The proposed 

action would also result in much larger 

returns than the no action alternative, 

which is scheduled to rebuild the stock 

by 2016. The no action alternative 

would constrain scallop fishery on 

Georges Bank, and may also prevent 

sector vessels from fishing in the GB 

yellowtail flounder stock area. Thus, the 

no action alternative would result in 

large revenue reductions for the 

groundfish fishery and the scallop 

fishery. 

Annual Catch Limits 

The total potential groundfish 

revenue of the proposed specifications 

is estimated to be approximately $61.1 

million. This is approximately a 25- 

percent reduction from the gross 

groundfish revenues in FY 2010, and a 

50-percent reduction from the no action 

alternative. GOM cod is the constraining 

stock under this proposed action. The 

proposed action would allow sustained 

catches of other GOM stocks, including 

plaice and witch flounder. In addition, 

estimates of gross groundfish revenue 

that were only 25 percent lower than FY 

2010 are a result of a likely shift in the 

fishery to avoid cod and maximize 

revenues from other stocks. Catch rates 

could also increase as stocks rebuild, 

which would make these estimates 

conservative. 

The proposed action would have a 

negative economic impact across all size 

classes, gear types, and nearly all 

hailing ports. Chatham, MA, would be 

expected to maintain its revenue from 

groundfish, and groundfish revenues in 

Boston, MA, would decline by less than 

25 percent. New Hampshire would lose 

over 90 percent of its gross groundfish 

revenues. Massachusetts would lose 33 

percent of its gross revenues under the 

proposed action. However, Gloucester, 

MA, would likely have more than a 40- 

percent reduction in gross groundfish 

revenue. The 30–50 ft (9.1–15.2 m) 

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vessel size class would likely be the 

most adversely affected as the fishery 

shifts from the nearshore areas west of 

the Western GOM Closed Area to deeper 

waters farther east. Analysis also 

indicates that gillnet would be the most 

negatively affected gear type. Under this 

action, GOM cod is the constraining 

stock, and most of the lost groundfish 

revenues estimated are a result of low 

GOM cod catch limits. However, 

because this action no longer proposes 

to set the GOM cod catch limits for FY 

2012–2014, the potential revenue would 

likely be higher than initially estimated, 

which would result in less of a 

reduction from the FY 2010 gross 

groundfish revenues. 

The no action alternative would set 

the specifications for FY 2012 as 

previously adopted by Framework 44 

and Framework 45. No specifications 

would be adopted for FY 2013–2014, 

with the exception of pollock. FY 2013– 

2014 specifications for pollock were 

adopted by Framework 45. The no 

action alternative, which is the only 

other alternative considered, would 

generate the highest groundfish revenue 

($114 million), and would likely have 

positive net benefits relative to FY 2010 

across all hailing ports and states, with 

the exception of Rhode Island, which 

may lose 30 percent of gross revenues. 

U.S./Canada Management Area TACs 

Revenues from the FY 2012 proposed 

TACs for the U.S./Canada Management 

Area were estimated using two catch 

scenarios. In the first scenario, total 

landings in FY 2012 were assumed to be 

75 percent of the TAC for Eastern GB 

cod and GB yellowtail flounder and 15 

percent of the TAC for Eastern GB 

haddock. Under this catch scenario, 

estimated revenues from the U.S./ 

Canada Management Area are between 

46 and 57 percent lower than FY 2010 

revenues. However, because the FY 

2012 TACs are lower, a larger 

proportion of the TAC may be caught in 

FY 2012. In the second scenario, total 

landings in FY 2012 were assumed to be 

100 percent of the Eastern GB cod and 

GB yellowtail flounder TAC and 30 

percent of the Eastern GB haddock TAC. 

The estimated revenues are greater for 

all stocks in this scenario compared to 

the first scenario, and are 42 percent 

and 28 percent lower than FY 2010 for 

Eastern GB cod and GB yellowtail 

flounder, respectively. If more of the 

U.S. TAC for Eastern GB haddock is 

caught, revenues would increase by 

approximately 3 percent compared to 

FY 2010. The no action alternative 

would not specify TACs for the U.S./ 

Canada Management Area. In 

comparison to the no action alternative, 

the proposed action would have shortterm positive economic impacts. 

In addition, because the FY 2012 

TACs are lower than the FY 2011 TACs, 

the proposed action would likely result 

in reduced overall revenue from the 

U.S./Canada Management Area. This 

reduced revenue would be due to both 

the decrease in potential landings of 

Eastern GB cod and GB yellowtail 

flounder, as well as a loss of revenue 

from other stocks caught on trips to the 

Eastern U.S./Canada Area if vessels lose 

access to this area when a pertinent 

TAC is projected to be caught. Although 

the Eastern GB haddock TAC will not 

limit haddock catch, access to haddock 

may be impacted by the reduced FY 

2012 TACs for Eastern GB cod and GB 

yellowtail flounder. Reductions in 

revenue could be mitigated if vessels are 

able to minimize the catch of Eastern GB 

cod and maximize the catch of Eastern 

GB haddock. 

Different impacts would likely be 

realized by common pool and sector 

vessels due to the nature of the 

operations of such groups and 

applicable regulations. Unlike vessels 

operating within the same sector, the 

common pool is unable to actively 

coordinate fishing operations to 

maximize fishing revenue based upon 

resource availability and market price. 

Therefore, impacts on common pool 

vessels will be dependent upon the 

overall rate at which available TACs are 

caught, and whether any responsive 

measures necessary to prevent such 

TACs from being exceeded are triggered. 

Further, once the available ACE for a 

particular stock is caught, sectors must 

cease fishing operations in the entire 

stock area unless they lease in 

additional ACE for the pertinent stock. 

In contrast, while common pool vessels 

may be subject to more restrictive DAS 

or trip limits in a particular area, they 

could continue to fish in the Western 

U.S./Canada Area even after the GB 

yellowtail flounder TAC is caught, 

provided they do not retain any GB 

yellowtail flounder. 

The other alternative considered, the 

no action alternative, would result in 

decreased revenue in FY 2012 as a 

result of no TACs being specified for the 

U.S./Canada Management Area. Due to 

limited fishing opportunities under this 

alternative, the long-term economic 

impacts would likely be negative 

compared to the proposed action. 

However, stock rebuilding could occur 

more quickly under this alternative, and 

the associated revenue resulting from an 

increasing stock size would likely 

provide long-term economic impacts. 

Common Pool Restricted Gear Areas 

The proposed action to remove the 

Western GB Multispecies and SNE 

Multispecies RGAs would be expected 

to increase revenues for common pool 

vessels when compared to the no action 

alternative. Removals of these RGAs 

would likely increase the common pool 

landings of SNE/MA yellowtail 

flounder. In FY 2010, only 26 percent of 

the common pool sub-ACL for this stock 

was caught. Based on this percentage of 

catch, and the SNE/MA yellowtail 

flounder ACLs proposed in this action, 

removing the RGAs would result in 

increased landings of this stock by 129 

mt. These increased landings are 

estimated at $370,000. In addition, 

removal of the RGAs may reduce costs 

for common pool vessels because vessel 

operators would not be required to 

purchase selective gear to fish in these 

areas. 

The no action alternative would 

restrict revenue for common pool 

vessels because the requirement to use 

selective gear would make fishing by 

common pool vessels less efficient. 

Under this alternative, common pool 

catch of stocks in Southern New 

England would be restricted, which may 

prevent the common pool from utilizing 

more of its available quota. This 

alternative may also increase costs for 

common pool vessels if the vessel must 

purchase selective gear to fish in the 

RGAs. 

Accountability Measures 

The economic impacts of the 

revisions to the AMs for windowpane 

flounder, ocean pout, Atlantic halibut, 

Atlantic wolffish, and SNE/MA winter 

flounder were analyzed by estimating 

changes in fishing vessel revenue that 

would occur if the proposed AM was 

triggered. The small AM areas for 

northern and southern windowpane 

flounder and ocean pout account for 

approximately $7 million of total 

revenue by groundfish vessels fishing in 

these areas. Only a portion of these 

revenues would be affected by this 

proposed AM because vessels could still 

fish inside these areas with selective 

gear. Catch data indicate that the 

composition of the catch inside these 

proposed AM areas would change 

substantially with the use of selective 

gear. Selective gear inside the AM areas 

catch a higher proportion of haddock 

and a lower proportion of flatfish 

relative to traditional trawl gears. 

Average revenues per tow for selective 

gears in this area were approximately 31 

percent higher than the revenues per 

tow using traditional trawl gears. 

Depending on the profitability of other 

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fishing options, vessels may also elect to 

fish in other areas rather than fish inside 

the AM area with selective gear. Given 

the relatively small size of these 

proposed AM areas, additional trip costs 

for fishing in other areas are likely 

negligible. 

The large AM areas proposed for 

northern and southern windowpane 

flounder and ocean pout account for 

approximately $15 million of total 

revenue by groundfish vessels fishing in 

these areas. Approximately 75 percent 

of these revenues come from New 

Bedford, MA, and $1.7 million comes 

from Point Judith, RI. Similar to the 

small AM areas proposed, use of 

selective gears inside the large AM areas 

would substantially change the 

composition of catch and likely result in 

higher proportions of haddock caught 

and lower proportions of flatfish catch 

relative to traditional trawl gears. 

Revenues affected by these AM areas 

could likely be recovered by using 

selective gear or fishing in other areas. 

Overall, the proposed AM for 

northern and southern windowpane 

flounder and ocean pout would result in 

negative economic impacts compared to 

the no action alternative. This AM 

would affect fishing behavior and apply 

to all commercial groundfish vessels. 

Under this proposed measure, 

fishermen would have to alter their 

behavior, which could impose 

additional costs. The greatest economic 

impact could reduce revenues by $15 

million if the large AM areas are 

implemented simultaneously due to an 

overage of the total ACL for both stocks 

of windowpane flounder, or if the total 

ACL is exceeded for ocean pout. 

The proposed AM for Atlantic halibut 

would prohibit possession in year 3 if 

the total ACL is exceeded in year 1. The 

maximum revenue loss from this 

proposed AM would be the value of the 

ACL during year 3. In FY 2012–2014, 

the groundfish sub-ACL is 36 mt, which 

would result in approximately $400,000 

in groundfish revenues. This revenue 

loss is greater than in the no action 

alternative because the AM would apply 

to sector and common pool vessels. The 

proposed AM for Atlantic wolffish and 

SNE/MA winter flounder would 

maintain the prohibition on possession 

for these two stocks. Because possession 

of these two stocks is currently 

prohibited, this proposed measure 

would not be expected to result in any 

revenue loss. 

The no action alternative for Atlantic 

wolffish and SNE/MA winter flounder 

would require closure of statistical areas 

to common pool vessels if sector and 

common pool catch exceeded the 

common pool sub-ACL for these stocks. 

This could lead to derby effects since 

fishing activity would be constrained if 

the AM is triggered. The no action 

alternative for Atlantic halibut would 

require adjustment to trip limits for 

common pool vessels. Since the current 

possession limit is one fish per day, the 

only possible trip limit adjustment 

would be to decrease the possession 

limit to zero, and prohibit possession of 

this stock. Common pool revenues 

could be reduced by $25,000 compared 

to FY 2010 if possession of this stock 

was prohibited. The no action 

alternatives for windowpane flounder 

and ocean pout are expected to have no 

economic impacts because possession of 

these stocks is already prohibited. 

Removal of Cap on Yellowtail Flounder 

Catch in GB Scallop Access Areas 

This proposed measure would not be 

expected to have any economic impacts 

on the groundfish fishery. Elimination 

of the 10-percent yellowtail flounder 

access area caps would reduce the 

incentive for derby fishing, and would 

likely have positive impacts on the 

scallop fishery compared to the no 

action alternative. However, removing 

the 10-percent access area caps could 

increase the risk for the scallop fishery 

to exceed its sub-ACL for yellowtail 

flounder if the scallop fishery catches 

more yellowtail flounder in the access 

areas than projected. This would trigger 

the scallop fishery AMs, which would 

restrict fishing, reduce scallop landings, 

and increase fishing costs. The no action 

alternative would increase the incentive 

for derby fishing and may have negative 

impacts on the scallop fishery. Some of 

these negative impacts could be 

mitigated because vessels can transfer 

unused access area trips to open areas 

if an access area closes. 

Implementation of the Scallop Fishery 

AM 

The proposed revisions to the 

implementation of the scallop fishery 

AM would not be expected to have any 

economic impacts on the groundfish 

fishery. The proposed revision would 

have a positive economic impact on the 

scallop fishery because the scallop 

fishery AMs would not be triggered if 

less than 150 percent of the scallop 

fishery sub-ACL for GB and SNE/MA 

yellowtail flounder is caught, or if the 

total ACL is not exceeded. This would 

prevent effort shifts to less optimal areas 

by scallop vessels, as well as effort shifts 

into seasons with lower meat weights 

for scallops. The no action alternative 

would not modify the trigger for the 

scallop fishery AM, and the pertinent 

AM would be triggered if the scallop 

fishery exceeds its sub-ACL by 1 percent 

or more. The proposed measure would 

minimize negative economic impacts to 

the scallop fishery compared to the no 

action alternative and would prevent 

the loss of scallop landings, revenues, 

and increased fishing costs that would 

result under the no action alternative. 

Inseason Re-Estimation of Scallop 

Fishery GB Yellowtail Flounder SubACL 

The proposed measure would have 

positive economic benefits for the 

groundfish fishery. These benefits 

would only occur in years when the 

scallop fishery is not projected to catch 

its initial sub-ACL, and the groundfish 

sub-ACL is increased mid-fishing year. 

When additional quota is made 

available to the groundfish fishery, 

revenues for the groundfish fishery 

would be expected to increase if 

groundfish vessels are able to catch 

additional GB yellowtail flounder. 

However, compared to the no action 

alternative, this measure could have 

negative impacts if the inseason reestimation of projected yellowtail 

flounder catch by the scallop fishery is 

incorrect. If the scallop fishery sub-ACL 

is reduced in error, and subsequently 

the groundfish sub-ACL is increased, 

total catch of GB yellowtail flounder 

could exceed the U.S. TAC. Any overage 

of the U.S. TAC for GB yellowtail is 

deducted from the following year’s 

TAC. Because the allocation of GB 

yellowtail flounder is set in advance, 

and does not vary with changes to the 

overall TAC, the catch available to the 

groundfish fishery would be reduced. 

The no action alternative would not 

provide a mechanism to re-estimate the 

scallop fishery GB yellowtail flounder 

sub-ACL mid-fishing year and adjust the 

groundfish fishery sub-ACL. The no 

action alternative would have negative 

impacts on the scallop fishery if a 

yellowtail flounder AM is triggered and 

effort shifts to areas and seasons with 

lower scallop catch rates and meat 

weights. This could increase fishing 

costs as scallop vessels fish in less 

optimal areas, and scallop revenues 

would decline. The current AM trigger 

for the scallop fishery would result in 

lower profits, lower crew incomes, and 

less economic benefits than the 

proposed action. 

Regulatory Changes Not Included in 

Framework 47 

There are several changes proposed in 

this rule that are considered to be 

mostly administrative in nature and do 

not affect individual vessel operations 

that would result in any economic 

impact to regulated entities. These 

changes include modifying the 

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18194 Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 

definition of the Ruhle trawl, reinserting 

text defining stock areas applicable to 

sector vessels, revising the methodology 

used to attribute fillets, fish parts, and 

fish landed for at-home consumption to 

the pertinent ACL, and clarifying the 

regulations for charter/party and 

recreational groundfish vessels fishing 

in groundfish closed areas. This 

proposed change to the at-home 

consumption conversion factors would 

implement a more precise method using 

species-specific conversion factors, 

which would be expected to have 

positive impacts on the fishery due to 

improved quota monitoring. In addition, 

this rule proposes to broaden the 

definition of the Ruhle trawl to include 

the mid-size Eliminator trawl Ruhle 

trawl for use in the Regular B DAS 

Program and the Eastern U.S./Canada 

Haddock SAP. This proposed revision 

would provide more flexibility for the 

groundfish fishery in the use of trawl 

gear that minimizes catch of stocks of 

concern. The additional exempted gear 

option would provide vessels a choice 

of the most cost-effective means of 

targeting healthy stocks. Vessels 

choosing to use the mid-size Eliminator 

trawl would incur the purchase cost of 

the gear. 

Measures Proposed To Mitigate Adverse 

Economic Impacts of the Proposed 

Action 

During the development of 

Framework 47, NMFS and the Council 

considered ways to reduce the 

regulatory burden on, and provide 

flexibility for, the regulated entities in 

this proposed action. Proposed actions 

and alternatives are described in detail 

in Framework 47, which includes an 

EA, RIR, and IRFA (available at 

ADDRESSES). The proposed action 

contains several measures that would 

provide small entities with some ability 

to offset at least some portion of the 

estimated economic impacts associated 

with the proposed measures. The delay 

in the implementation of the area-based 

AMs for windowpane flounder and 

ocean pout will give fishermen time to 

plan their fishing operations in order to 

mitigate the economic impacts of this 

proposed measure. In addition, the 

proposed removal of the Western GB 

and SNE Multispecies RGAs for 

common pool vessels would also 

mitigate the economic impacts of the 

proposed action by allowing common 

pool vessels more flexibility to catch the 

pertinent sub-ACLs, as well as reducing 

the potential costs of fishing in these 

areas with selective gear. In addition, 

the re-estimation of the GB yellowtail 

flounder sub-ACL would help mitigate 

adverse economic impacts of the 

proposed action by allowing increased 

landings of this stock by the groundfish 

fishery. These increased landings would 

be expected to increase revenues for the 

groundfish fishery. In addition, 

proposed exemptions for sector vessels 

in the 2012 sector rule could also 

mitigate negative impacts of this 

proposed action. 

Eliminating the cap on yellowtail 

flounder catch in the Nantucket, Closed 

Area I, and Closed Area II Sea Scallop 

Access Areas would reduce the 

incentive for derby fishing in the access 

areas, which would have positive 

impacts for scallop vessels. The revision 

to the scallop fishery AM trigger would 

also be expected to have positive 

impacts on the scallop fishery. This 

measure would prevent effort shifts to 

less optimal areas and seasons with 

lower scallop meat weights and would 

minimize reduced scallop revenues and 

increased fishing costs. 

Description of the Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements of the Proposed Rule 

This action contains no new 

collection-of-information, reporting, or 

recordkeeping requirements. This action 

does not duplicate, overlap, or conflict 

with any other Federal law. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: March 19, 2012. 

Samuel D. Rauch III, 

Acting Assistant Administrator for Fisheries, 

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 

1. The authority citation for part 648 

continues to read as follows: 

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

2. In § 648.14, 

a. Remove and reserve paragraphs 

(i)(2)(vi)(B), (i)(2)(vi)(C), and (i)(3)(v)(C); 

b. Remove paragraph (k)(7)(i)(C)(4); 

and 

c. Revise paragraph (k)(13)(ii)(B) and 

add paragraph (k)(20) to read as follows: 

§ 648.14 Prohibitions. 

* * * * * 

(k) * * * 

(13) * * * 

(ii) * * * 

(B) Possess or land per trip more than 

the possession or landing limits 

specified in § 648.86(a), (b), (c), (e), (g), 

(h), (j), (l), (m), (n), and (o); 

§ 648.82(b)(5) and (6); § 648.85; or 

§ 648.88, if the vessel has been issued a 

limited access NE multispecies permit 

or open access NE multispecies permit, 

as applicable. 

* * * * * 

(20) AMs for both stocks of 

windowpane flounder and ocean pout. 

It is unlawful for any person, including 

any owner or operator of a vessel issued 

a valid Federal NE multispecies permit 

or letter under § 648.4(a)(1)(i), unless 

otherwise specified in § 648.17, to fail to 

comply with the restrictions on fishing 

and gear specified in § 648.90(a)(D). 

5. In § 648.60, paragraphs 

(a)(5)(ii)(C)(1) and (a)(5)(ii)(C)(3) are 

removed and reserved, and paragraph 

(g)(1) is revised to read as follows: 

§ 648.60 Sea scallop area access program 

requirements. 

* * * * * 

(g) * * * (1) An LAGC scallop vessel 

may only fish in the scallop access areas 

specified in § 648.59(a) through (e), 

subject to the seasonal restrictions 

specified in § 648.59(b)(4), (c)(4), and 

(d)(4), and subject to the possession 

limit specified in § 648.52(a), and 

provided the vessel complies with the 

requirements specified in paragraphs 

(a)(1), (a)(2), (a)(6) through (a)(9), (d), (e), 

(f), and (g) of this section. A vessel 

issued both a NE multispecies permit 

and an LAGC scallop permit may fish in 

an approved SAP under § 648.85 and 

under multispecies DAS in the Closed 

Area I, Closed Area II, and Nantucket 

Lightship Sea Scallop Access Areas 

specified in § 648.59(b) through (d), 

provided the vessel complies with the 

requirements specified in 

§ 648.59(b)(5)(ii), (c)(5)(ii), and (d)(5)(ii), 

and this paragraph (g), but may not fish 

for, possess, or land scallops on such 

trips. 

* * * * * 

6. In § 648.64, the introductory text of 

paragraph (a) and paragraphs (b)(1) and 

(c)(1) are revised to read as follows: 

§ 648.64 Yellowtail flounder sub-ACLs and 

AMs for the scallop fishery. 

(a) As specified in § 648.55(d), and 

pursuant to the biennial framework 

adjustment process specified in 

§ 648.90, the scallop fishery shall be 

allocated a sub-ACL for the Georges 

Bank and Southern New England/MidAtlantic stocks of yellowtail flounder. 

Unless otherwise specified in 

§ 648.90(a)(4)(iii)(C) of the NE 

multispecies regulations, the sub-ACLs 

for the 2011 through 2013 fishing years 

are as follows: 

* * * * * 

(b) * * * (1) Unless otherwise 

specified in § 648.90(a)(5)(iv) of the NE 

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multispecies regulations, if the Georges 

Bank yellowtail flounder sub-ACL for 

the scallop fishery is exceeded, the area 

defined by the following coordinates 

shall be closed to scallop fishing by 

vessels issued a limited access scallop 

permit for the period of time specified 

in paragraph (b)(2) of this section: 

GEORGES BANK YELLOWTAIL CLOSURE

Point N. lat. W. long. 

GBYT AM 1 .................................................................................................................................................................. 41°50′ 66°51.94′ 

GBYT AM 2 .................................................................................................................................................................. 40°30.75′ 65°44.96′ 

GBYT AM 3 .................................................................................................................................................................. 40°30′ 66°40′ 

GBYT AM 4 .................................................................................................................................................................. 40°40′ 66°40′ 

GBYT AM 5 .................................................................................................................................................................. 40°40′ 66°50′ 

GBYT AM 6 .................................................................................................................................................................. 40°50′ 66°50′ 

GBYT AM 7 .................................................................................................................................................................. 40°50′ 67°00′ 

GBYT AM 8 .................................................................................................................................................................. 41°00′ 67°00′ 

GBYT AM 9 .................................................................................................................................................................. 41°00′ 67°20′ 

GBYT AM 10 ................................................................................................................................................................ 41°10′ 67°20′ 

GBYT AM 11 ................................................................................................................................................................ 41°10′ 67°40′ 

GBYT AM 12 ................................................................................................................................................................ 41°50′ 67°40′ 

GBYT AM 1 .................................................................................................................................................................. 41°50′ 66°51.94′ 

* * * * * 

(c) * * * (1) Unless otherwise 

specified in § 648.90(a)(5)(iv) of the NE 

multispecies regulations, if the Southern 

New England/Mid-Atlantic yellowtail 

flounder sub-ACL for the scallop fishery 

is exceeded, the area defined by the 

following coordinates shall be closed to 

scallop fishing by vessels issued a 

limited access scallop permit for the 

period of time specified in paragraph 

(c)(2) of this section: 

SOUTHERN NEW ENGLAND YELLOWTAIL CLOSURE

Point N. lat. W. long. 

SNEYT AM 1 ................................................................................................................................................................ 41°28.4′ 71°10.25′ 

SNEYT AM 2 ................................................................................................................................................................ 41°28.57′ 71°10′ 

SNEYT AM 3 ................................................................................................................................................................ 41°20′ 71°10′ 

SNEYT AM 4 ................................................................................................................................................................ 41°20′ 70°50′ 

SNEYT AM 5 ................................................................................................................................................................ 41°20′ 70°30′ 

SNEYT AM 6 ................................................................................................................................................................ 41°18′ 70°15′ 

SNEYT AM 7 ................................................................................................................................................................ 41°17.69′ 70°12.54′ 

SNEYT AM 8 ................................................................................................................................................................ 41°14.73′ 70°00′ 

SNEYT AM 9 ................................................................................................................................................................ 39°50′ 70°00′ 

SNEYT AM 10 .............................................................................................................................................................. 39°50′ 71°00′ 

SNEYT AM 11 .............................................................................................................................................................. 39°50′ 71°40′ 

SNEYT AM 12 .............................................................................................................................................................. 40°00′ 71°40′ 

SNEYT AM 13 .............................................................................................................................................................. 40°00′ 73°00′ 

SNEYT AM 14 .............................................................................................................................................................. 40°41.23′ 73°00′ 

SNEYT AM 15 .............................................................................................................................................................. 41°00′ 71°55′ 

SNEYT AM 16 .............................................................................................................................................................. 41°00′ 71°40′ 

SNEYT AM 17 .............................................................................................................................................................. 41°20′ 71°40′ 

SNEYT AM 18 .............................................................................................................................................................. 41°21.15′ 71°40′ 

* * * * * 

7. In § 648.81, revise paragraphs 

(c)(2)(ii)(B), (f)(2)(iii)(B), and (n), and 

remove paragraph (o) to read as follows: 

§ 648.81 NE multispecies closed areas and 

measures to protect EFH. 

* * * * * 

(c) * * * 

(2) * * * 

(ii) * * * 

(B) Fish species managed by the 

NEFMC or MAFMC that are harvested 

or possessed by the vessel, are not sold 

or intended for trade, barter or sale, 

regardless of where the fish are caught; 

and 

* * * * * 

(f) * * * 

(2) * * * 

(iii) * * * 

(B) Fish species managed by the 

NEFMC or MAFMC that are harvested 

or possessed by the vessel, are not sold 

or intended for trade, barter or sale, 

regardless of where the fish are caught; 

and 

* * * * * 

(n) GOM Cod Spawning Protection 

Area. (1) Except as specified in 

paragraph (o)(2) of this section, from 

April through June of each year, no 

fishing vessel or person on a fishing 

vessel may enter, fish in, or be in; and 

no fishing gear capable of catching NE 

multispecies may be used on, or be on 

board, a vessel in the GOM Cod 

Spawning Protection Area, as defined 

by straight lines connecting the 

following points in the order stated (a 

chart depicting this area is available 

from the RA upon request): 

GOM COD SPAWNING PROTECTION AREA

Point N. Latitude W. Longitude 

CSPA1 .......................................................................................................................................................................... 42°50.95′ 70°32.22′ 

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GOM COD SPAWNING PROTECTION AREA—Continued 

Point N. Latitude W. Longitude 

CSPA2 .......................................................................................................................................................................... 42°47.65′ 70°35.64′ 

CSPA3 .......................................................................................................................................................................... 42°54.91′ 70°41.88′ 

CSPA4 .......................................................................................................................................................................... 42°58.27′ 70°38.64′ 

CSPA1 .......................................................................................................................................................................... 42°50.95′ 70°32.22′ 

(2) Paragraph (n)(1) of this section 

does not apply to persons on a fishing 

vessel or fishing vessels: 

(i) That have not been issued a NE 

multispecies permit and that are fishing 

exclusively in state waters; 

(ii) That are fishing with or using 

exempted gear as defined under this 

part, excluding pelagic gillnet gear 

capable of catching NE multispecies, 

except for vessels fishing with a single 

pelagic gillnet not longer than 300 ft 

(91.4 m) and not greater than 6 ft (1.83 

m) deep, with a maximum mesh size of 

3 inches (7.6 cm), provided: 

(A) The net is attached to the vessel 

and fished in the upper two-thirds of 

the water column; 

(B) The net is marked with the vessel 

owner’s name and vessel identification 

number; 

(C) There is no retention of regulated 

species or ocean pout; and 

(D) There is no other gear on board 

capable of catching NE multispecies; 

(iii) That are fishing as a charter/party 

or recreational fishing vessel, provided 

that: 

(A) With the exception of tuna, fish 

harvested or possessed by the vessel are 

not sold or intended for trade, barter, or 

sale, regardless where the species are 

caught; 

(B) The vessel has no gear other than 

pelagic hook and line gear, as defined in 

this part, on board unless that gear is 

properly stowed pursuant to § 648.23(b); 

and 

(C) There is no retention of regulated 

species, or ocean pout; and 

(iv) That are transiting pursuant to 

paragraph (i) of this section. 

8. In § 648.82, 

a. Remove paragraphs (n)(2)(ii)(O) and 

(n)(2)(ii)(P) 

b. Revise paragraphs (n)(2)(i)(A), 

(n)(2)(ii) introductory text, and 

(n)(2)(ii)(L) through (n)(2)(ii)(N): 

§ 648.82 Effort-control program for NE 

multispecies limited access vessels. 

* * * * * 

(n) * * * 

(2) * * * 

(i) Trimester TACs. (A) Trimester TAC 

distribution. Any sub-ACLs specified for 

common pool vessels pursuant to 

§ 648.90(a)(4) shall be apportioned into 

trimesters of 4 months in duration, 

beginning at the start of the fishing year 

(i.e., Trimester 1: May 1–August 31; 

Trimester 2: September 1–December 31; 

Trimester 3: January 1–April 30), as 

follows): 

PORTION OF COMMON POOL SUB-ACLS APPORTIONED TO EACH STOCK FOR EACH TRIMESTER

Stock 

(percent) 

Trimester 1 

(percent) 

Trimester 2 

(percent) 

Trimester 3 

(percent) 

GOM Cod ................................................................................................................................................. 27 36 37 

GB Cod .................................................................................................................................................... 25 37 38 

GOM Haddock ......................................................................................................................................... 27 26 47 

GB Haddock ............................................................................................................................................ 27 33 40 

CC/GOM Yellowtail Flounder .................................................................................................................. 35 35 30 

GB Yellowtail Flounder ............................................................................................................................ 19 30 52 

SNE/MA Yellowtail Flounder ................................................................................................................... 21 37 42 

GOM Winter Flounder ............................................................................................................................. 37 38 25 

GB Winter Flounder ................................................................................................................................. 8 24 69 

Witch Flounder ......................................................................................................................................... 27 31 42 

American Plaice ....................................................................................................................................... 24 36 40 

Pollock ..................................................................................................................................................... 28 35 37 

Redfish ..................................................................................................................................................... 25 31 44 

White Hake .............................................................................................................................................. 38 31 31 

* * * * * 

(ii) Stock area closures. If the 

Regional Administrator projects that 90 

percent of the trimester TACs specified 

in paragraph (n)(2)(i) of this section will 

be caught based upon available 

information, the Regional Administrator 

shall close the area where 90 percent of 

the catch for each such stock occurred, 

according to available VTR data and 

other information, to all common pool 

vessels using gear capable of catching 

such stocks for the remainder of that 

trimester, as specified in paragraphs 

(n)(2)(ii)(A) through (P) of this section, 

in a manner consistent with the 

Administrative Procedure Act. For 

example, if the Regional Administrator 

projects that 90 percent of the CC/GOM 

yellowtail flounder Trimester 1 TAC 

will be caught, common pool vessels 

using trawl and gillnet gear shall be 

prohibited from fishing in the CC/GOM 

Yellowtail Flounder Closure Area 

specified in paragraph (n)(2)(ii)(G) of 

this section until the beginning of 

Trimester 2 on September 1 of that 

fishing year. Based upon all available 

information, the Regional Administrator 

is authorized to expand or narrow the 

areas closed under this paragraph 

(n)(2)(ii) in a manner consistent with the 

Administrative Procedure Act. If it is 

not possible to identify an area where 

only 90 percent of the catch occurred, 

the Regional Administrator shall close 

the smallest area possible where greater 

than 90 percent of the catch occurred. 

* * * * * 

(L) Redfish Trimester TAC Area. For 

the purposes of the trimester TAC AM 

closure specified in paragraph (n)(2)(ii) 

of this section, the Redfish Trimester 

TAC Area shall apply to common pool 

vessels using trawl gear within the area 

bounded by straight lines connecting 

the following points in the order stated: 

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REDFISH TRIMESTER TAC AREA

Point N. Latitude W. Longitude 

RF1 ............................................................................................................................................................................... (1) 69°20′ 

RF2 ............................................................................................................................................................................... 43°40′ 69°20′ 

RF3 ............................................................................................................................................................................... 43°40′ 69°00′ 

RF4 ............................................................................................................................................................................... 43°20′ 69°00′ 

RF5 ............................................................................................................................................................................... 43°20′ 67°40′ 

RF6 ............................................................................................................................................................................... (2) 67°40′ 

RF7 ............................................................................................................................................................................... 42°53.1′ 67°44.4′ 

RF8 ............................................................................................................................................................................... (2) 67°40′ 

RF9 ............................................................................................................................................................................... 41°20′ 67° 40′ 

RF10 ............................................................................................................................................................................. 41°20′ 68°10′ 

RF11 ............................................................................................................................................................................. 41°10′ 68°10′ 

RF12 ............................................................................................................................................................................. 41°10′ 68°20′ 

RF13 ............................................................................................................................................................................. 41°00′ 68°20′ 

RF14 ............................................................................................................................................................................. 41°00′ 69°30′ 

RF15 ............................................................................................................................................................................. 41°10′ 69°30′ 

RF16 ............................................................................................................................................................................. 41°10′ 69°50′ 

RF17 ............................................................................................................................................................................. 41°20′ 69°50′ 

RF18 ............................................................................................................................................................................. 41°20′ (3) 

RF19 ............................................................................................................................................................................. (4) 70°00′ 

RF20 ............................................................................................................................................................................. (5) 70°00′ 

1 Intersection with ME shoreline. 

2 U.S./Canada maritime boundary. 

3East-facing shoreline of Nantucket, MA. 

4 North-facing shoreline of Nantucket, MA. 

5South-facing shoreline of Cape Cod, MA. 

(M) White Hake Trimester TAC Area. 

For the purposes of the trimester TAC 

AM closure specified in paragraph 

(n)(2)(ii) of this section, the White Hake 

Trimester TAC Area shall apply to 

common pool vessels using trawl gear, 

sink gillnet gear, and longline/hook gear 

within the area bounded by straight 

lines connecting the following points in 

the order stated: 

WHITE HAKE TRIMESTER TAC AREA

Point N. Latitude W. Longitude 

RF1 ............................................................................................................................................................................... (1) 69°20′ 

RF2 ............................................................................................................................................................................... 43°40′ 69°20′ 

RF3 ............................................................................................................................................................................... 43°40′ 69°00′ 

RF4 ............................................................................................................................................................................... 43°20′ 69°00′ 

RF5 ............................................................................................................................................................................... 43°20′ 67°40′ 

RF6 ............................................................................................................................................................................... (2) 67°40′ 

RF7 ............................................................................................................................................................................... 42°53.1′ 67°44.4′ 

RF8 ............................................................................................................................................................................... (2) 67°40′ 

RF9 ............................................................................................................................................................................... 41°20′ 67°40′ 

RF10 ............................................................................................................................................................................. 41°20′ 68°10′ 

RF11 ............................................................................................................................................................................. 41°10′ 68°10′ 

RF12 ............................................................................................................................................................................. 41°10′ 68°20′ 

RF13 ............................................................................................................................................................................. 41°00′ 68°20′ 

RF14 ............................................................................................................................................................................. 41°00′ 69°30′ 

RF15 ............................................................................................................................................................................. 41°10′ 69°30′ 

RF16 ............................................................................................................................................................................. 41°10′ 69°50′ 

RF17 ............................................................................................................................................................................. 41°20′ 69°50′ 

RF18 ............................................................................................................................................................................. 41°20′ (3) 

RF19 ............................................................................................................................................................................. (4) 70°00′ 

RF20 ............................................................................................................................................................................. (5) 70°00′ 

1 Intersection with ME shoreline. 

2 U.S./Canada maritime boundary. 

3East-facing shoreline of Nantucket, MA. 

4 North-facing shoreline of Nantucket, MA. 

5South-facing shoreline of Cape Cod, MA. 

(N) Pollock Trimester TAC Area. For 

the purposes of the trimester TAC AM 

closure specified in paragraph (n)(2)(ii) 

of this section, the Pollock Trimester 

TAC Area shall apply to common pool 

vessels using trawl gear, sink gillnet 

gear, and longline/hook gear within the 

area bounded by straight lines 

connecting the following points in the 

order stated: 

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POLLOCK TRIMESTER TAC AREA

Point N. Latitude W. Longitude 

RF1 ............................................................................................................................................................................... (1) 69°20′ 

RF2 ............................................................................................................................................................................... 43°40′ 69°20′ 

RF3 ............................................................................................................................................................................... 43°40′ 69°00′ 

RF4 ............................................................................................................................................................................... 43°20′ 69°00′ 

RF5 ............................................................................................................................................................................... 43°20′ 67°40′ 

RF6 ............................................................................................................................................................................... (2) 67°40′ 

RF7 ............................................................................................................................................................................... 42°53.1′ 67°44.4′ 

RF8 ............................................................................................................................................................................... (2) 67°40′ 

RF9 ............................................................................................................................................................................... 41°20′ 67°40′ 

RF10 ............................................................................................................................................................................. 41°20′ 68°10′ 

RF11 ............................................................................................................................................................................. 41°10′ 68°10′ 

RF12 ............................................................................................................................................................................. 41°10′ 68°20′ 

RF13 ............................................................................................................................................................................. 41°00′ 68°20′ 

RF14 ............................................................................................................................................................................. 41°00′ 69°30′ 

RF15 ............................................................................................................................................................................. 41°10′ 69°30′ 

RF16 ............................................................................................................................................................................. 41°10′ 69°50′ 

RF17 ............................................................................................................................................................................. 41°20′ 69°50′ 

RF18 ............................................................................................................................................................................. 41°20′ (3) 

RF19 ............................................................................................................................................................................. (4) 70°00′ 

RF20 ............................................................................................................................................................................. (5) 70°00′ 

1 Intersection with ME shoreline. 

2 U.S./Canada maritime boundary. 

3East-facing shoreline of Nantucket, MA. 

4 North-facing shoreline of Nantucket, MA. 

5South-facing shoreline of Cape Cod, MA. 

* * * * * 

9. In § 648.83 revise paragraph (b)(1) 

to read as follows: 

§ 648.83 Multispecies minimum fish sizes. 

* * * * * 

(b) * * *(1) Each person aboard a 

vessel issued a NE multispecies limited 

access permit and fishing under the NE 

multispecies DAS program or on a 

sector trip may possess up to 25 lb (11.3 

kg) of fillets that measure less than the 

minimum size, if such fillets are from 

legal-sized fish and are not offered or 

intended for sale, trade, or barter. 

(i) For the purpose of determining 

compliance with common pool 

possession limits, on board the vessel, 

and at the time of landing, as specified 

at § 648.86, the weight of fillets and 

parts of fish, other than whole-gutted or 

gilled fish, shall be multiplied by 3. 

(ii) For the purpose of accounting for 

all catch by sector vessels, as specified 

at § 648.87(b)(1)(v), the weight of all 

fillets and parts of fish, other than 

whole-gutted or gilled fish reported for 

at-home consumption, shall be 

multiplied by the conversion factors 

provided in writing by the Regional 

Administrator. 

(iii) For the purposes of accounting 

for all catch by common pool vessels 

and monitoring sub-ACLs, the weight of 

all fillets and parts of fish, other than 

whole-gutted or gilled fish reported for 

at-home consumption shall be 

multiplied by the conversion factors 

provided in writing by the Regional 

Administrator. 

* * * * * 

10. In § 648.85, 

a. Remove paragraphs 

(b)(6)(iv)(J)(3)(vi), (c)(1), (c)(2), and 

(c)(3); and 

b. Revise paragraphs (b)(5) and 

(b)(6)(iv)(J)(3)(i) through 

(b)(6)(iv)(J)(3)(v) to read as follows: 

§ 648.85 Special management programs. 

* * * * * 

(b) * * * 

(5) Incidental Catch TACs. Unless 

otherwise specified in this paragraph 

(b)(5), Incidental Catch TACs shall be 

based upon the portion of the ACL for 

a stock specified for the common pool 

vessels pursuant to § 648.90(a)(4), and 

allocated as described in this paragraph 

(b)(5), for each of the following stocks: 

GOM cod, GB cod, GB yellowtail 

flounder, GB winter flounder, CC/GOM 

yellowtail flounder, American plaice, 

white hake, SNE/MA yellowtail 

flounder, SNE/MA winter flounder, and 

witch flounder. Because GB yellowtail 

flounder and GB cod are transboundary 

stocks, the incidental catch TACs for 

these stocks shall be based upon the 

common pool portion of the ACL 

available to U.S. vessels. NMFS shall 

send letters to limited access NE 

multispecies permit holders notifying 

them of such TACs. 

(i) Stocks other than GB cod, GB 

yellowtail flounder, and GB winter 

flounder. With the exception of GB cod, 

GB yellowtail flounder, and GB winter 

flounder, 100 percent of the Incidental 

Catch TACs specified in this paragraph 

(b)(5) shall be allocated to the Regular 

B DAS Program described in paragraph 

(b)(6) of this section. 

(ii) GB cod. The Incidental Catch TAC 

for GB cod specified in this paragraph 

(b)(5) shall be subdivided as follows: 50 

percent to the Regular B DAS Program 

described in paragraph (b)(6) of this 

section; 16 percent to the CA I Hook 

Gear Haddock SAP described in 

paragraph (b)(7) of this section; and 34 

percent to the Eastern U.S./Canada 

Haddock SAP described in paragraph 

(b)(8) of this section. 

* * * * * 

(6) * * * 

(iv) * * * 

(J) * * * 

(3) * * * 

(i) The net must be constructed with 

four seams (i.e., a net with a top and 

bottom panel and two side panels), and 

include at least the following net 

sections as depicted in Figure 1 of this 

part (this figure is also available from 

the Administrator, Northeast Region): 

Top jib, bottom jib, jib side panels (× 2), 

top wing, bottom wing, wing side panels 

(× 2), bunt, square, square side panels (× 

2), first top belly, first bottom belly, first 

belly side panels (× 2), and second 

bottom belly. 

(ii) The top and bottom jibs, jib side 

panels, top and bottom wings, and wing 

side panels, bunt, and first bottom belly 

(the first bottom belly and all portions 

of the net in front of the first bottom 

belly, with the exception of the square 

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and the square side panels) must be at 

least two meshes long in the fore and aft 

direction. For these net sections, the 

stretched length of any single mesh 

must be at least 7.9 ft (240 cm), 

measured in a straight line from knot to 

knot. 

(iii) Mesh size in all other sections 

must be consistent with mesh size 

requirements specified under § 648.80 

and meet the following minimum 

specifications: Each mesh in the square, 

square side panels, and second bottom 

belly must be 31.5 inches (80 cm); each 

mesh in the first top belly, and first 

belly side panels must be at least 7.9 

inches (20 cm); and 6 inches (15.24 cm) 

or larger in sections following the first 

top belly and second bottom belly 

sections, all the way to the codend. The 

mesh size requirements of the top 

sections apply to the side panel 

sections. 

(iv) The trawl must have at least 15 

meshes (240 cm each) at the wide end 

of the first bottom belly, excluding the 

gore. 

(v) The trawl must have a single or 

multiple kite panels with a total surface 

area of at least 19.3 sq. ft. (1.8 sq. m) on 

the forward end of the square to help 

maximize headrope height, for the 

purpose of capturing rising fish. A kite 

panel is a flat structure, usually semiflexible, used to modify the shape of 

trawl and mesh openings by providing 

lift when a trawl is moving through the 

water. 

* * * * * 

11. In § 648.86, revise paragraph (c) to 

read as follows: 

§ 648.86 NE Multispecies possession 

restrictions. 

* * * * * 

(c) Atlantic halibut. A vessel issued a 

NE multispecies permit under 

§ 648.4(a)(1) may land or possess on 

board no more than one Atlantic halibut 

per trip, provided the vessel complies 

with other applicable provisions of this 

part, unless otherwise specified in 

§ 648.90(a)(5)(i)(D)(2). 

12. In § 648.87, revise paragraph 

(c)(2)(i) to read as follows: 

§ 648.87. Sector allocation. 

* * * * * 

(c) * * * 

(2) * * * 

(i) Regulations that may not be 

exempted for sector participants. The 

Regional Administrator may not exempt 

participants in a sector from the 

following Federal fishing regulations: 

NE multispecies year-round closure 

areas; permitting restrictions (e.g., vessel 

upgrades, etc.); gear restrictions 

designed to minimize habitat impacts 

(e.g., roller gear restrictions, etc.); 

reporting requirements; and AMs 

specified at § 648.90(a)(5)(i)(D). For the 

purposes of this paragraph (c)(2)(i), the 

DAS reporting requirements specified at 

§ 648.82; the SAP-specific reporting 

requirements specified at § 648.85; and 

the reporting requirements associated 

with a dockside monitoring program 

specified in paragraph (b)(5)(i) of this 

section are not considered reporting 

requirements, and the Regional 

Administrator may exempt sector 

participants from these requirements as 

part of the approval of yearly operations 

plans. This list may be modified 

through a framework adjustment, as 

specified in § 648.90. 

* * * * * 

13. In § 648.89, revise paragraphs 

(e)(1) and (e)(3)(ii) to read as follows: 

§ 648.89 Recreational and charter/party 

vessel restrictions. 

* * * * * 

(e) Charter/party vessel restrictions on 

fishing in GOM closed areas and the 

Nantucket Lightship Closed Area —(1) 

GOM Closed Areas. Unless otherwise 

specified in this paragraph (e)(1), a 

vessel fishing under charter/party 

regulations may not fish in the GOM 

closed areas specified at § 648.81(d)(1) 

through (f)(1) during the time periods 

specified in those paragraphs, unless the 

vessel has on board a valid letter of 

authorization issued by the Regional 

Administrator pursuant to 

§ 648.81(f)(2)(iii) and paragraph (e)(3) of 

this section. The conditions and 

restrictions of the letter of authorization 

must be complied with for a minimum 

of 3 months if the vessel fishes or 

intends to fish in the seasonal GOM 

closure areas; or for the rest of the 

fishing year, beginning with the start of 

the participation period of the letter of 

authorization, if the vessel fishes or 

intends to fish in the year-round GOM 

closure areas. A vessel fishing under 

charter/party regulations may not fish in 

the GOM Cod Spawning Protection Area 

specified at § 648.81(n)(1) during the 

time period specified in that paragraph, 

unless the vessel complies with the 

requirements specified at 

§ 648.81(n)(2)(iii). 

* * * * * 

(3) * * * 

(ii) Fish species managed by the 

NEFMC or MAFMC that are harvested 

or possessed by the vessel, are not sold 

or intended for trade, barter or sale, 

regardless of where the fish are caught; 

* * * * * 

14. In § 648.90, revise paragraph 

(a)(4)(iii)(C) and add paragraphs 

(a)(5)(i)(D), (a)(5)(i)(E), and (a)(5)(iv) to 

read as follows: 

§ 648.90 NE multispecies assessment, 

framework procedures and specifications, 

and flexible area action system. 

* * * * * 

(a) * * * 

(4) * * * 

(iii) * * * 

(C) Yellowtail flounder catch by the 

Atlantic sea scallop fishery. Yellowtail 

flounder catch in the Atlantic sea 

scallop fishery, as defined in subpart D, 

shall be deducted from the ABC/ACL for 

each yellowtail flounder stock pursuant 

to the restrictions specified in subpart D 

of this part and the process to specify 

ABCs and ACLs, as described in 

paragraph (a)(4) of this section. Unless 

otherwise specified in this paragraph 

(a)(4)(iii)(C), or subpart D of this part, 

the specific value of the subcomponents of the ABC/ACL for each 

stock of yellowtail flounder distributed 

to the Atlantic sea scallop fishery shall 

be specified pursuant to the biennial 

adjustment process specified in 

paragraph (a)(2) of this section. Based 

on information available, NMFS shall 

re-estimate the expected scallop fishery 

catch of GB yellowtail flounder for the 

current fishing year by January 15. If 

NMFS determines that the scallop 

fishery will catch less than 90 percent 

of its GB yellowtail flounder sub-ACL, 

the Regional Administrator may reduce 

the scallop fishery sub-ACL to the 

amount projected to be caught, and 

increase the groundfish fishery sub-ACL 

by any amount up to the amount 

reduced from the scallop fishery subACL. The revised groundfish fishery 

sub-ACL shall be distributed to the 

common pool and sectors based on the 

process specified in paragraph 

(a)(4)(E)(1) of this section. 

* * * * * 

(5) * * * 

(i) * * * 

(D) AMs for both stocks of 

windowpane flounder, ocean pout, and 

Atlantic halibut. At the end of each 

fishing year, NMFS shall determine if 

the overall ACL for northern 

windowpane flounder, southern 

windowpane flounder, ocean pout, or 

Atlantic halibut was exceeded. If the 

overall ACL for any of these stocks is 

exceeded, NMFS shall implement the 

appropriate AM, as specified in this 

paragraph (a)(5)(i)(D), in the second 

fishing year after the fishing year in 

which the overage occurred, consistent 

with the Administrative Procedure Act. 

For example, if NMFS determined the 

overall ACL for northern windowpane 

flounder was exceeded in fishing year 

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18200 Federal Register / Vol. 77, No. 59 / Tuesday, March 27, 2012 / Proposed Rules 

2012, the applicable AM would be 

implemented for fishing year 2014. 

(1) Windowpane flounder and ocean 

pout. If NMFS determines the overall 

ACL for either stock of windowpane 

flounder or ocean pout is exceeded, as 

described in this paragraph 

(a)(5)(i)(D)(1), by any amount between 

the management uncertainty buffer and 

20 percent, the applicable small AM 

area for the stock shall be implemented, 

as specified in paragraph (a)(5)(i)(D) of 

this section. If the overall ACL is 

exceeded by 21 percent or more, the 

applicable large AM area for the stock 

shall be implemented, as specified in 

paragraph (a)(5)(i)(D) of this section. 

Any vessel issued a limited access NE 

multispecies permit and fishing with 

trawl gear in these areas may only use 

a haddock separator trawl, as specified 

in § 648.85(a)(3)(iii)(A); a Ruhle trawl, 

as specified in § 648.85(b)(6)(iv)(J)(3); a 

rope separator trawl, as specified in 

§ 648.81(n)(3)(i)(A); or any other gear 

approved consistent with the process 

defined in § 648.85(b)(6). If a sub-ACL 

for either stock of windowpane flounder 

or ocean pout is allocated to another 

fishery, consistent with the process 

specified at § 648.90(a)(4), and AMs are 

developed for that fishery, the 

groundfish fishery AM shall only be 

implemented if the sub-ACL allocated to 

the groundfish fishery is exceeded (i.e., 

the sector and common pool catch for a 

particular stock, including the common 

pool’s share of any overage of the 

overall ACL caused by excessive catch 

by other sub-components of the fishery 

pursuant to § 648.90(a)(5) exceeds the 

common pool sub-ACL) and the overall 

ACL is also exceeded. 

NORTHERN WINDOWPANE FLOUNDER AND OCEAN POUT SMALL AM AREAS

Point N. Latitude W. Longitude 

NWS1 ........................................................................................................................................................................... 41°10′ 67°40′ 

NWS2 ........................................................................................................................................................................... 41°10′ 67°20′ 

NWS3 ........................................................................................................................................................................... 41°00′ 67°20′ 

NWS4 ........................................................................................................................................................................... 41°00′ 67°00′ 

NWS5 ........................................................................................................................................................................... 40°50′ 67°00′ 

NWS6 ........................................................................................................................................................................... 40°50′ 67°40′ 

NORTHERN WINDOWPANE FLOUNDER AND OCEAN POUT LARGE AM AREAS

Point N. Latitude W. Longitude 

NWL1 ............................................................................................................................................................................ 42°10′ 67°40′ 

NWL2 ............................................................................................................................................................................ 42°10′ 67°20′ 

NWL3 ............................................................................................................................................................................ 41°00′ 67°20′ 

NWL4 ............................................................................................................................................................................ 41°00′ 67°00′ 

NWL5 ............................................................................................................................................................................ 40°50′ 67°00′ 

NWL6 ............................................................................................................................................................................ 40°50′ 67°40′ 

SOUTHERN WINDOWPANE FLOUNDER AND OCEAN POUT SMALL AM AREAS

Point N. Latitude W. Longitude 

SWS1 ............................................................................................................................................................................ 41°10′ 71°30′ 

SWS2 ............................................................................................................................................................................ 41°10′ 71°20′ 

SWS3 ............................................................................................................................................................................ 40°50′ 71°20′ 

SWS4 ............................................................................................................................................................................ 50°50′ 71°30′ 

SOUTHERN WINDOWPANE FLOUNDER AND OCEAN POUT LARGE AM AREAS

Point N. Latitude W. Longitude 

SWL1 ............................................................................................................................................................................ 41°10′ 71°50′ 

SWL2 ............................................................................................................................................................................ 41°10′ 71°10′ 

SWL3 ............................................................................................................................................................................ 41°00′ 71°10′ 

SWL4 ............................................................................................................................................................................ 41°00′ 71°20′ 

SWL5 ............................................................................................................................................................................ 40°50′ 71°20′ 

SWL6 ............................................................................................................................................................................ 40°50′ 71°50′ 

Point N. Latitude W. Longitude 

SWL1 ............................................................................................................................................................................ NY Coast 73°30′ 

SWL2 ............................................................................................................................................................................ 40°30′ 73°30′ 

SWL3 ............................................................................................................................................................................ 40°30′ 73°50′ 

SWL4 ............................................................................................................................................................................ 40°20′ 73°50′ 

SWL5 ............................................................................................................................................................................ NJ Coast 73°50′ 

SWL6 ............................................................................................................................................................................ NY Coast 73°50′ 

(2) Atlantic halibut. If NMFS 

determines the overall ACL is exceeded 

for Atlantic halibut, any vessel issued a 

limited access NE multispecies permit, 

an open access NE multispecies 

Handgear B permit, an open access NE 

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multispecies Category K permit, or a 

limited access monkfish permit and 

fishing under the monkfish Category C 

or D permit provisions, may not fish for, 

possess, or land Atlantic halibut for the 

fishing year in which the AM is 

implemented as specified in paragraph 

(a)(5)(i)(D) of this section. 

(E) AMs for SNE/MA winter flounder 

and Atlantic wolffish. A vessel issued a 

limited access NE multispecies permit, 

an open access NE multispecies 

Handgear B permit, an open access NE 

multispecies charter/party permit, or a 

limited access monkfish permit and 

fishing under the monkfish Category C 

or D permit provisions may not fish for, 

possess, or land SNE/MA winter 

flounder, as specified in § 648.86(l), as 

a proactive AM to prevent the overall 

ACL for these stocks from being 

exceeded. 

* * * * * 

(iv) AMs if the sub-ACL for the 

Atlantic sea scallop fishery is exceeded. 

At the end of the scallop fishing year, 

NMFS shall evaluate Atlantic sea 

scallop fishery catch to determine 

whether a scallop fishery sub-ACL has 

been exceeded. On January 15, or when 

information is available to make an 

accurate projection, NMFS will also 

determine whether the overall ACL for 

each stock allocated to the scallop 

fishery has been exceeded. When 

evaluating whether the overall ACL has 

been exceeded, NMFS will add the 

maximum carryover available to sectors, 

as specified at § 648.87(b)(1)(i)(C), to the 

estimate of total catch for the pertinent 

stock. If catch by scallop vessels exceeds 

the pertinent sub-ACL specified in 

paragraph (a)(4)(iii)(C) of this section by 

50 percent or more, or if scallop catch 

exceeds the scallop fishery sub-ACL and 

the overall ACL for that stock is also 

exceeded, then the applicable scallop 

fishery AM shall take effect, as specified 

in § 648.64 of the Atlantic sea scallop 

regulations. 

* * * * * 

[FR Doc. 2012–7075 Filed 3–26–12; 8:45 am] 

BILLING CODE 3510–22–P 

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