Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules 33191 

Endangered Species Act. We published 

a notice outlining our reasons for this 

determination in the Federal Register 

on October 25, 1983 (48 FR 49244). 

Government-to-Government 

Relationship With Tribes 

In accordance with the President’s 

memorandum of April 29, 1994, 

‘‘Government-to-Government Relations 

with Native American Tribal 

Governments’’ (59 FR 22951), Executive 

Order 13175, and the Department of the 

Interior’s manual at 512 DM 2, we 

readily acknowledge our responsibility 

to communicate meaningfully with 

recognized Federal Tribes on a 

government-to-government basis. In 

accordance with Secretarial Order 3206 

of June 5, 1997 (American Indian Tribal 

Rights, Federal-Tribal Trust 

Responsibilities, and the Endangered 

Species Act), we readily acknowledge 

our responsibilities to work directly 

with Tribes in developing programs for 

healthy ecosystems, to acknowledge that 

Tribal lands are not subject to the same 

controls as Federal public lands, to 

remain sensitive to Indian culture, and 

to make information available to Tribes. 

There are no Tribal interests affected by 

this proposal. 

References Cited 

A complete list of references cited is 

available on the internet at http://

www.regulations.gov under Docket 

Number FWS–R4–ES–2019–0071. 

Authors 

The primary authors of this proposed 

rule are staff members of the Service’s 

Southeastern Region Recovery Team 

and the North Florida Ecological 

Services Field Office. 

List of Subjects in 50 CFR Part 17 

Endangered and threatened species, 

Exports, Imports, Reporting and 

recordkeeping requirements, 

Transportation. 

Proposed Regulation Promulgation 

Accordingly, we propose to amend 

part 17, subchapter B of chapter I, title 

50 of the Code of Federal Regulations, 

as set forth below: 

PART 17—ENDANGERED AND 

THREATENED WILDLIFE AND PLANTS 

■ 1. The authority citation for part 17 

continues to read as follows: 

Authority: 16 U.S.C. 1361–1407; 1531– 

1544; and 4201–4245, unless otherwise 

noted. 

§ 17.12 [Amended] 

■ 2. Amend § 17.12(h) by removing the 

entry for ‘‘Chrysopsis floridana’’ under 

‘‘Flowering Plants’’ on the List of 

Endangered and Threatened Plants. 

Martha Williams, 

Principal Deputy Director, Exercising the 

Delegated Authority of the Director, U.S. Fish 

and Wildlife Service. 

[FR Doc. 2021–12741 Filed 6–23–21; 8:45 am] 

BILLING CODE 4333–15–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 210617–0133] 

RIN 0648–BK24 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Multispecies Fishery; Framework 

Adjustment 61 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: This action proposes to 

approve and implement Framework 

Adjustment 61 to the Northeast 

Multispecies Fishery Management Plan. 

This rule would revise the status 

determination criteria for Georges Bank 

and Southern New England-Mid 

Atlantic winter flounder, implement a 

revised rebuilding plan for white hake, 

set or adjust catch limits for 17 of the 

20 multispecies (groundfish) stocks, and 

implement a universal exemption for 

sectors to target Acadian redfish. This 

action is necessary to respond to 

updated scientific information and to 

achieve the goals and objectives of the 

fishery management plan. The proposed 

measures are intended to help prevent 

overfishing, rebuild overfished stocks, 

achieve optimum yield, and ensure that 

management measures are based on the 

best scientific information available. 

DATES: Comments must be received by 

July 9, 2021. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2021–0061 

by the following method: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov and enter NOAA– 

NMFS–2021–0061 in the Search box. 

Click on the ‘‘Comment’’ icon, complete 

the required fields, and enter or attach 

your comments. 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by us. All comments 

received are a part of the public record 

and will generally be posted for public 

viewing on www.regulations.gov 

without change. All personal identifying 

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

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender will 

be publicly accessible. We will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

Copies of Framework Adjustment 61, 

including the draft Environmental 

Assessment, the Regulatory Impact 

Review, and the Regulatory Flexibility 

Act Analysis prepared by the New 

England Fishery Management Council 

in support of this action, are available 

from Thomas A. Nies, Executive 

Director, New England Fishery 

Management Council, 50 Water Street, 

Mill 2, Newburyport, MA 01950. The 

supporting documents are also 

accessible via the internet at: http://

www.nefmc.org/management-plans/ 

northeast-multispecies or http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Liz 

Sullivan, Fishery Policy Analyst, phone: 

978–282–8493; email: Liz.Sullivan@

noaa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

1. Summary of Proposed Measures 

2. Status Determination Criteria 

3. Rebuilding Plan for White Hake 

4. Fishing Year 2021 Shared U.S./ 

Canada Quotas 

5. Catch Limits for Fishing Years 2021– 

2023 

6. Universal Sector Exemption for 

Acadian Redfish (redfish) 

1. Summary of Proposed Measures 

This action would implement the 

management measures in Framework 

Adjustment 61 to the Northeast 

Multispecies Fishery Management Plan 

(FMP). The New England Fishery 

Management Council reviewed the 

proposed regulations and deemed them 

consistent with, and necessary to 

implement, Framework 61 in a June 10, 

2021, letter from Council Chairman Dr. 

John Quinn to Regional Administrator 

Michael Pentony. Under the MagnusonStevens Fishery Conservation and 

Management Act (Magnuson-Stevens 

Act), we are required to publish 

proposed rules for comment after 

determining whether they are consistent 


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33192 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules 

with applicable law. The MagnusonStevens Act allows us to approve, 

partially approve, or disapprove 

measures that the Council proposes 

based only on whether the measures are 

consistent with the fishery management 

plan, plan amendment, the MagnusonStevens Act and its National Standards, 

and other applicable law. Otherwise, we 

must defer to the Council’s policy 

choices. We are seeking comments on 

the Council’s proposed measures in 

Framework 61. Through Framework 61, 

the Council proposes to: 

• Revise the status determination 

criteria (SDC) for Georges Bank (GB) and 

Southern New England/Mid-Atlantic 

(SNE/MA) winter flounder and provide 

the numeric estimates of the SDCs for 

these stocks, based on the peer review 

recommendations; 

• Implement a revised rebuilding 

plan for white hake; 

• Set fishing year 2021 shared U.S./ 

Canada quotas for GB yellowtail 

flounder and eastern GB cod and 

haddock; 

• Set 2021–2023 specifications, 

including catch limits, for nine 

groundfish stocks and adjust 2021–2022 

allocations for seven other groundfish 

stocks; and 

• Implement a universal exemption 

for sectors to target redfish. 

2. Status Determination Criteria 

The Northeast Fishery Science Center 

conducted management track stock 

assessment updates in 2020 for nine 

groundfish stocks. This action proposes 

to revise SDCs for GB and SNE/MA 

winter flounder, and provide updated 

numerical estimates of these criteria, in 

order to incorporate the results of the 

2020 stock assessments and based on 

the peer review recommendations from 

the 2020 stock assessments. Table 1 

provides the proposed revisions to the 

SDCs for GB and SNE/MA winter 

flounder, and Table 2 provides the 

resulting numerical estimates of the 

SDCs. 

For GB winter flounder, the 

assessment and the peer review 

recommended changing the current 

maximum sustainable yield (MSY) 

biological reference points (calculated 

from the stock-recruitment relationship) 

to proxy-based biological reference 

points (F–40 percent, SSB–40 percent) 

as recommended by the panel review in 

the 2019 assessment. Similarly, for SNE/ 

MA winter flounder, the assessment and 

the peer review recommended changing 

the MSY biological reference points 

calculated in previous assessments 

(based on the stock-recruitment 

relationship) to proxy-based biological 

reference points (F–40 percent, SSB–40 

percent), due to the Council’s Scientific 

and Statistical Committee’s (SSC) 

concerns with recent recruitment being 

estimated below predicted values from 

the stock recruitment relationship, and 

from recommendations by the 2018 peer 

review panel in considering an F–40 

proxy. This addressed a concern that the 

estimate of FMSY from the stock 

recruitment relationship could be too 

high relative to the estimate of F–40 

percent. A stock assessment model 

change in the assumption for the 

estimated fishery selectivity pattern 

(i.e., assumptions of ages that are subject 

to fishing) also contributed to a change 

in the numeric estimates of the SDCs for 

SNE/MA winter flounder. The 

assumption on selectivity in the stock 

assessment model changed from a 

dome-shaped fishery selectivity pattern 

(i.e., a pattern that assumes that the 

largest or oldest members of a 

demographic group are not fully 

vulnerable to fishing) to a flat-topped 

fishery selectivity pattern (i.e., a pattern 

in which the older age groups are fully 

vulnerable and susceptible to fishing). 

Fishing mortality rates and their 

corresponding overfishing rates (FMSY) 

are not comparable across models when 

large changes in the selectivity pattern 

have occurred. 

TABLE 1—PROPOSED STATUS DETERMINATION CRITERIA

Stock Biomass target 

(SSBMSY or proxy) 

Minimum 

biomass 

threshold 

Maximum fishing 

mortality threshold 

(FMSY or proxy) 

GB Winter Flounder: 

Current SDC ................................................ SSBMSY ............................................................... 1⁄2 Btarget ......... FMSY

Proposed SDC ............................................. SSBMSY: SSB/R (40 percent MSP) .................... 1⁄2 Btarget ......... F–40 percent of MSPP

SNE/MA Winter Flounder: 

Current SDC ................................................ SSBMSY ............................................................... 1⁄2 Btarget ......... FMSY

Proposed SDC ............................................. SSBMSY: SSB/R (40 percent MSP) .................... 1⁄2 Btarget ......... F–40 percent of MSP 

SSB = spawning stock biomass; MSY = maximum sustainable yield; Btarget = target biomass; F = fishing mortality; SSB/R = spawning stock 

biomass per recruit; MSP = maximum spawning potential. 

TABLE 2—NUMERICAL ESTIMATES OF STATUS DETERMINATION CRITERIA

Stock Model/approach BMSY or proxy 

(mt) FMSY or proxy MSY (mt) 

GB Winter Flounder: 

Using current SDC ..... VPA ................................... 7,394 ................................. 0.358 ................................. 2,612 

Using proposed SDC VPA ................................... 7,267 ................................. 0.358 ................................. 2,573 

SNE/MA Winter Flounder: 

Using current SDC ..... ASAP ................................. 31,567 ............................... 0.260 ................................. 9,102 

Using proposed SDC ASAP ................................. 12,322 ............................... 0.284 ................................. 3,906 

3. Rebuilding Plan for White Hake 

Framework 61 would revise the 

rebuilding plan for white hake. The 

current rebuilding plan for white hake, 

as implemented by Amendment 13, 

ended in 2014. In 2015, the stock 

assessment update indicated that the 

stock was making adequate rebuilding 

progress, and in 2017, the Regional 

Administrator advised the Council to 

continue to set catch limits to maintain 

fishing mortality (F) at 75 percent of F 

at maximum sustainable yield until the 

stock was rebuilt. However, the 2019 

stock assessment update indicated that 

the spawning stock biomass of white 

hake dropped to 49.9 percent of BMSY, 

and while this was only 23 mt below the 

threshold, the stock had become 

overfished. On March 5, 2020, the 


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Regional Administrator notified the 

Council of the overfished status and 

that, given that the rebuilding plan’s 

target date had passed, a new rebuilding 

plan was required. The deadline to 

implement a rebuilding plan is March 5, 

2022. 

The Magnuson-Stevens Act requires 

that overfished stocks be rebuilt as 

quickly as possible, not to exceed 10 

years when biologically possible, 

accounting for the status and biology of 

the stocks, the needs of fishing 

communities, and the interaction of the 

overfished stock within the marine 

ecosystem. Rebuilding plans must have 

at least a 50-percent probability of 

success. Selection of a rebuilding plan 

with a higher probability of success is 

one way of addressing uncertainty, but 

this does not affect the standard used in 

the future to determine whether a stock 

is rebuilt. The minimum rebuilding time 

(Tmin) is the amount of time a stock is 

expected to take to rebuild to the 

biomass (B) associated with maximum 

sustainable yield (MSY) in the absence 

of any fishing mortality (F). The actual 

timeline set with a rebuilding plan 

(Ttarget) may be greater than Tmin, but 

cannot exceed the maximum rebuilding 

time (Tmax). Tmax is 10 years if Tmin is 

less than 10 years. In situations where 

Tmin exceeds 10 years, Tmax establishes 

a maximum time for rebuilding that is 

linked to the biology of the stock. 

The white hake rebuilding program 

proposed in this action would rebuild 

the stock within 10 years, or by 2031, 

which is the maximum time period 

allowed by the Magnuson-Stevens Act. 

While projections suggest the stock 

could rebuild in 4 years at an F of zero, 

this does not account for the white 

hake’s stock status, the needs of fishing 

communities, or the interaction of white 

hake with other multispecies in the 

groundfish fishery. Additional factors 

regarding biology and fishery needs 

were considered by the Council in 

setting Ttarget = Tmax. First, recent 

recruitment estimates for this stock have 

been below average, and recruitment 

may not increase suddenly to the 

average values, which make the Tmin

projections (4 years at F = 0) likely to 

be overly optimistic. Long-term 

projections for many groundfish stocks 

have tended to be overly optimistic, 

such that future levels of biomass are 

overestimated and fishing mortality is 

underestimated. Additionally, recent 

commercial utilization of the white hake 

annual catch limit (ACL) is high, 

indicating that the stock is an important 

component of the fishing industry; a 

longer rebuilding period considers the 

needs of the fishing communities as 

much as practicable. The proposed 

rebuilding plan for white hake would 

set Frebuild at 70 percent of FMSY with an 

87-percent probability of achieving 

BMSY. 

4. Fishing Year 2021 Shared U.S./ 

Canada Quotas 

Management of Transboundary Georges 

Bank Stocks 

Eastern GB cod, eastern GB haddock, 

and GB yellowtail flounder are jointly 

managed with Canada under the United 

States/Canada Resource Sharing 

Understanding. The Transboundary 

Management Guidance Committee 

(TMGC) is a government-industry 

committee made up of representatives 

from the United States and Canada. For 

historical information about the TMGC 

see: http://www.bio.gc.ca/info/intercol/ 

tmgc-cogst/index-en.php. Each year, the 

TMGC recommends a shared quota for 

each stock based on the most recent 

stock information and the TMGC’s 

harvest strategy. The TMGC’s harvest 

strategy for setting catch levels is to 

maintain a low to neutral risk (less than 

50 percent) of exceeding the fishing 

mortality limit for each stock. The 

harvest strategy also specifies that when 

stock conditions are poor, fishing 

mortality should be further reduced to 

promote stock rebuilding. The shared 

quotas are allocated between the United 

States and Canada based on a formula 

that considers historical catch (10- 

percent weighting) and the current 

resource distribution (90-percent 

weighting). 

For GB yellowtail flounder, the 

Council’s Scientific and Statistical 

Committee (SSC) also recommends an 

acceptable biological catch (ABC) for the 

stock. The ABC is typically used to 

inform the U.S. TMGC’s discussions 

with Canada for the annual shared 

quota. Although the stock is jointly 

managed with Canada, and the TMGC 

recommends annual shared quotas, the 

Council may not set catch limits that 

would exceed the SSC’s 

recommendation. The SSC does not 

recommend ABCs for eastern GB cod 

and haddock because they are 

management units of the total GB cod 

and haddock stocks. The SSC 

recommends overall ABCs for the total 

GB cod and haddock stocks. The shared 

U.S./Canada quota for eastern GB cod 

and haddock is included in these 

overall ABCs, and must be consistent 

with the SSC’s recommendation for the 

total GB stocks. 

2021 U.S./Canada Quotas 

The Transboundary Resources 

Assessment Committee conducted 

assessments for the three transboundary 

stocks in July 2020, and detailed 

summaries of these assessments can be 

found at: https://www.nefsc.noaa.gov/ 

assessments/trac/. The TMGC met in 

September 2020 to recommend shared 

quotas for 2021 based on the updated 

assessments, and the Council adopted 

the TMGC’s recommendations in 

Framework 61. The proposed 2021 

shared U.S./Canada quotas, and each 

country’s allocation, are listed in Table 

3. 

TABLE 3—PROPOSED 2021 FISHING YEAR U.S./CANADA QUOTAS (mt, live weight) AND PERCENT OF QUOTA ALLOCATED

TO EACH COUNTRY

Quota Eastern GB cod Eastern GB haddock GB yellowtail flounder 

Total Shared Quota ....................... 635 ................................................ 14,100 ........................................... 125. 

U.S. Quota ..................................... 190.5 (30 percent) ........................ 6,486 (46 percent) ........................ 80 64 percent). 

Canadian Quota ............................. 444.5 (70 percent) ........................ 7,614 (54 percent) ........................ 45 (36 percent). 

The proposed 2021 U.S. quota for 

eastern GB cod would represent a 1.1- 

percent increase compared to 2020; the 

proposed 2021 U.S. quota for eastern GB 

haddock and GB yellowtail flounder 

would represent 60-percent and 33- 

percent decreases, respectively, 

compared to 2020. The quota increase 

for eastern GB cod is due to a slight 

increase (1 percent) in the portion of the 

shared quota that is allocated to the 

United States, despite a small decrease 

in the total shared quota. The decreases 

for eastern GB haddock and GB 

yellowtail flounder are both due to a 

decrease in total shared quota and the 

portion of the shared quota that is 

allocated to the United States. For a 

more detailed discussion of the TMGC’s 

2021 catch advice, see the TMGC’s 

guidance document that will be posted 


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33194 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules 

at: https://www.greateratlantic.fisheries.

noaa.gov/. The 2021 U.S. quotas for 

eastern GB cod, eastern GB haddock, 

and GB yellowtail that are proposed in 

Framework Adjustment 61, if approved, 

will replace the 2021 quotas previously 

specified for these stocks (86 FR 22898; 

April 30, 2021). This is discussed 

further in Section 5, Catch Limits for the 

2021–2023 Fishing Years. 

The regulations implementing the 

U.S./Canada Resource Sharing 

Understanding require deducting any 

overages of the U.S. quota for eastern GB 

cod, eastern GB haddock, or GB 

yellowtail flounder from the U.S. quota 

in the following fishing year. If catch 

information for the 2020 fishing year 

indicates that the U.S. fishery exceeded 

its quota for any of the shared stocks, we 

will reduce the respective U.S. quotas 

for the 2021 fishing year in a future 

management action, as close to May 1, 

2021, as possible. If any fishery that is 

allocated a portion of the U.S. quota 

exceeds its allocation and causes an 

overage of the overall U.S. quota, the 

overage reduction would be applied 

only to that fishery’s allocation in the 

following fishing year. This ensures that 

catch by one component of the overall 

fishery does not negatively affect 

another component of the overall 

fishery. 

5. Catch Limits for Fishing Years 2021– 

2023 

Summary of the Proposed Catch Limits 

Tables 4 through 13 show the 

proposed catch limits for the 2021–2023 

fishing years. A brief summary of how 

these catch limits were developed is 

provided below. More details on the 

proposed catch limits for each 

groundfish stock can be found in 

Appendix II (Calculation of Northeast 

Multispecies Annual Catch Limits, FY 

2021–FY 2023) to the Framework 61 

Environmental Assessment (see 

ADDRESSES for information on how to 

get this document). 

Through Framework 61, the Council 

proposes to adopt catch limits for nine 

groundfish stocks for the 2021–2023 

fishing years based on stock assessments 

completed in 2020, and fishing year 

2021–2022 specifications for GB 

yellowtail flounder. Framework 59 (85 

FR 45794; July 30, 2020) previously set 

2021–2022 quotas for the 10 groundfish 

stocks not assessed in 2020, based on 

assessments conducted in 2019. This 

action would include minor 

adjustments for seven of these stocks for 

fishing years 2021–2022. Table 4 

provides an overview of which catch 

limits, if any, would change, as 

proposed in Framework 61, as well as 

when the stock was most recently 

assessed. Table 5 provides the percent 

change in the 2021 catch limit 

compared to the 2020 fishing year. 

Because Framework 61 is not in place 

in time for the May 1 start to the fishing 

year, the fishing year 2021 quotas 

previously set by Framework 59 are in 

effect from May 1, 2021, through April 

30, 2022, unless and until replaced by 

the quotas proposed in this action. 

However, Framework 59 did not set 

2021 quotas for GOM winter flounder, 

SNE/MA winter flounder, redfish, ocean 

pout, Atlantic wolffish, and the eastern 

portion of the GB cod and haddock 

stocks. A default quota for these stocks 

required by current regulations will be 

in effect from May 1, 2021, through July 

31, 2021, unless and until replaced by 

the quotas proposed in Framework 61 

(see 86 FR 22898; April 30, 2021 for 

more information). 

TABLE 4—CHANGES TO CATCH LIMITS, AS PROPOSED IN FRAMEWORK 61 

Stock Most recent 

assessment Proposed change in Framework 61 

GB Cod ....................................................................................... 2019 New 2021–2022 U.S. ABC. Adjust sub-components.* 

GOM Cod .................................................................................... 2019 Adjust sub-components.* 

GB Haddock ................................................................................ 2019 New 2021–2022 U.S. ABC. 

GOM Haddock ............................................................................ 2019 No change: 2021–2022 catch limits set by Framework 59. 

GB Yellowtail Flounder ............................................................... 2020 New 2021–2022 ABC. 

SNE/MA Yellowtail Flounder ....................................................... 2019 Adjust sub-components.* 

CC/GOM Yellowtail Flounder ...................................................... 2019 Adjust sub-components.* 

American Plaice .......................................................................... 2019 No change: 2021–2022 catch limits set by Framework 59. 

Witch Flounder ............................................................................ 2019 Adjust sub-components.* 

GB Winter Flounder .................................................................... 2020 New 2021–2023 ABC. 

GOM Winter Flounder ................................................................. 2020 New 2021–2023 ABC. 

SNE/MA Winter Flounder ........................................................... 2020 New 2021–2023 ABC. 

Redfish ........................................................................................ 2020 New 2021–2023 ABC. 

White Hake ................................................................................. 2019 Adjust sub-components.* 

Pollock ......................................................................................... 2019 No change: 2021–2022 catch limits set by Framework 59. 

N Windowpane Flounder ............................................................ 2020 New 2021–2023 ABC. 

S Windowpane Flounder ............................................................ 2020 New 2021–2023 ABC. 

Ocean Pout ................................................................................. 2020 New 2021–2023 ABC. 

Atlantic Halibut ............................................................................ 2020 New 2021–2023 ABC. 

Atlantic Wolffish .......................................................................... 2020 New 2021–2023 ABC. 

N = Northern; S = Southern; * Adjustments to sub-components to the ACL result in an adjustment to the sub-ACLs for fisheries, including 

groundfish, as described in the Annual Catch Limits section below. 

TABLE 5—PROPOSED FISHING YEARS 2021–2023 OVERFISHING LIMITS AND ACCEPTABLE BIOLOGICAL CATCHES

[mt, live weight] 

Stock 

2021 Percent 

change from 

2020 

2022 2023 

OFL U.S. ABC OFL U.S. ABC OFL U.S. ABC 

GB Cod .......................................................................... UNK 1,308 1 UNK 1,308 ................ ................

GOM Cod ....................................................................... 929 552 0 1,150 552 ................ ................

GB Haddock ................................................................... 116,883 82,723 ¥37 114,925 81,242 ................ ................

GOM Haddock ............................................................... 21,521 16,794 ¥15 14,834 11,526 ................ ................

GB Yellowtail Flounder .................................................. UNK 80 ¥33 UNK 80 ................ ................


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TABLE 5—PROPOSED FISHING YEARS 2021–2023 OVERFISHING LIMITS AND ACCEPTABLE BIOLOGICAL CATCHES— 

Continued 

[mt, live weight] 

Stock 

2021 Percent 

change from 

2020 

2022 2023 

OFL U.S. ABC OFL U.S. ABC OFL U.S. ABC 

SNE/MA Yellowtail Flounder .......................................... 71 22 0 184 22 ................ ................

CC/GOM Yellowtail Flounder ......................................... 1,076 823 0 1,116 823 ................ ................

American Plaice ............................................................. 3,740 2,881 ¥9 3,687 2,825 ................ ................

Witch Flounder ............................................................... UNK 1,483 0 UNK 1,483 ................ ................

GB Winter Flounder ....................................................... 865 608 8 974 608 1,431 608 

GOM Winter Flounder* .................................................. 662 497 11 662 497 662 497 

SNE/MA Winter Flounder* ............................................. 1,438 456 ¥37 1,438 456 1,438 456 

Redfish* .......................................................................... 13,519 10,186 ¥15 13,354 10,062 13,229 9,967 

White Hake ..................................................................... 2,906 2,147 0 2,986 2,147 ................ ................

Pollock ............................................................................ 28,475 22,062 ¥20 21,744 16,812 ................ ................

N Windowpane Flounder ............................................... UNK 160 171 UNK 160 UNK 160 

S Windowpane Flounder ................................................ 513 384 ¥10 513 384 513 384 

Ocean Pout* ................................................................... 125 87 ¥31 125 87 125 87 

Atlantic Halibut ............................................................... UNK 101 ¥5 UNK 101 UNK 101 

Atlantic Wolffish* ............................................................ 122 92 2 122 92 122 92 

UNK = Unknown. 

Note: An empty cell indicates no OFL/ABC is adopted for that year. These catch limits would be set in a future action. 

Overfishing Limits and Acceptable 

Biological Catches 

The overfishing limit (OFL) is 

calculated to set the maximum amount 

of fish that can be caught in a year, 

without constituting overfishing. The 

ABC is typically set lower than the OFL 

to account for scientific uncertainty. For 

GB cod, GB haddock, and GB yellowtail 

flounder, the total ABC is reduced by 

the amount of the Canadian quota (see 

Table 3 for the Canadian and U.S. shares 

of these stocks). Although the TMGC 

recommendations were only for fishing 

year 2021, the portion of the shared 

quota allocated to Canada in fishing 

year 2021 was used to project U.S. ABCs 

for GB yellowtail for 2022 and for GB 

cod and haddock for 2022 and 2023. 

This avoids artificially inflating the U.S. 

ABC up to the total ABC for the 2022 

and 2023 fishing years. The TMGC will 

make new recommendations for 2022, 

which would replace any quotas for 

these stocks set in this action. 

Additionally, although GB winter 

flounder, white hake, and Atlantic 

halibut are not jointly managed with 

Canada, there is some Canadian catch of 

these stocks. Because the total ABC 

must account for all sources of fishing 

mortality, expected Canadian catch of 

GB winter flounder (26 mt), white hake 

(39 mt), and Atlantic halibut (49 mt) is 

deducted from the total ABC. The U.S. 

ABC is the amount available to the U.S. 

fishery after accounting for Canadian 

catch (see Table 5). For stocks without 

Canadian catch, the U.S. ABC is equal 

to the total ABC. 

The OFLs are currently unknown for 

GB cod, GB yellowtail flounder, witch 

flounder, and Atlantic halibut. For 2021, 

the SSC recommended maintaining the 

unknown OFL for GB yellowtail 

flounder and Atlantic halibut, as well as 

setting the OFL for northern 

windowpane flounder as unknown. The 

OFLs for GB cod and witch flounder 

were set by Framework 59. Empirical 

stock assessments are used for these five 

stocks, and these assessments can no 

longer provide quantitative estimates of 

the status determination criteria, nor 

were appropriate proxies for stock status 

determination able to be developed. In 

the temporary absence of an OFL, in this 

and previous actions, we have 

considered recent catch data and 

estimated trends in stock biomass as an 

indication that the catch limits derived 

from ABCs are sufficiently managing 

fishing mortality at a rate that is 

preventing overfishing. For GB 

yellowtail flounder, the SSC noted that 

the fishery does not appear to be the 

main driver limiting stock recovery. 

However, the continued low stock 

biomass and poor recruitment for this 

stock warrant the maintenance of low 

catch levels. The 2020 assessment for 

northern windowpane used an 

empirical method to estimate swept-area 

biomass and annual relative 

exploitation rates, and generally showed 

a lack of decline over the past decade 

and a declining relative exploitation 

rate. There are indications that 

abundance of Atlantic halibut has 

increased significantly over the last 

decade, and although the SSC noted that 

catch is increasing, it supported the 

continued use of the method used to 

provide catch advice since 2018. Based 

on these considerations, we have 

preliminarily determined that these 

ABCs are a sufficient limit for 

preventing overfishing and are 

consistent with the National Standards. 

This action does not propose any 

changes to the status determination 

criteria for these stocks. 

Annual Catch Limits 

Development of Annual Catch Limits 

The U.S. ABC for each stock is 

divided among the various fishery 

components to account for all sources of 

fishing mortality. An estimate of catch 

expected from state waters and the other 

sub-component (e.g., non-groundfish 

fisheries or some recreational 

groundfish fisheries) is deducted from 

the U.S. ABC. The remaining portion of 

the U.S. ABC is distributed to the 

fishery components that receive an 

allocation for the stock. Components of 

the fishery that receive an allocation 

have a sub-ACL set by reducing their 

portion of the ABC to account for 

management uncertainty and are subject 

to AMs if they exceed their respective 

catch limit during the fishing year. For 

GOM cod and haddock only, the U.S. 

ABC is first divided between the 

commercial and recreational fisheries, 

before being further divided into subcomponent and sub-ACLs. This process 

is described fully in Appendix II of the 

Framework 61 Environmental 

Assessment. 

Sector and Common Pool Allocations 

For stocks allocated to sectors, the 

commercial groundfish sub-ACL is 

further divided into the non-sector 

(common pool) sub-ACL and the sector 

sub-ACL, based on the total vessel 

enrollment in sectors and the 


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33196 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules 

cumulative potential sector 

contributions (PSC) associated with 

those sectors. The sector and common 

pool sub-ACLs proposed in this action 

are based on final fishing year 2021 

sector rosters. All permits enrolled in a 

sector, and the vessels associated with 

those permits, had until April 30, 2021, 

to withdraw from a sector and fish in 

the common pool for the 2021 fishing 

year. In addition to the enrollment 

delay, all permits that changed 

ownership after the roster deadline were 

able to join a sector (or change sector) 

through April 30, 2021. 

Common Pool Total Allowable Catches 

The common pool sub-ACL for each 

allocated stock (except for SNE/MA 

winter flounder) is further divided into 

trimester TACs. Table 9 summarizes the 

common pool trimester TACs proposed 

in this action. 

Incidental catch TACs are also 

specified for certain stocks of concern 

(i.e., stocks that are overfished or subject 

to overfishing) for common pool vessels 

fishing in the special management 

programs (i.e., special access programs 

(SAP) and the Regular B Days-at-Sea 

(DAS) Program), in order to limit the 

catch of these stocks under each 

program. Tables 10 through 13 

summarize the proposed Incidental 

Catch TACs for each stock and the 

distribution of these TACs to each 

special management program. 

Default Catch Limits for Future Fishing 

Years 

Framework 53 established a 

mechanism for setting default catch 

limits in the event a future management 

action is delayed. If final catch limits 

have not been implemented by the start 

of a fishing year on May 1, then default 

catch limits are set at 35 percent of the 

previous year’s catch limit. The default 

catch limits are effective until July 31 of 

that fishing year, or when replaced by 

new catch limits, whichever happens 

first. If the default value is higher than 

the Council’s recommended catch limit 

for the upcoming fishing year, the 

default catch limits will be equal to the 

Council’s recommended catch limits for 

the applicable stocks for the upcoming 

fishing year. Because most groundfish 

vessels are not able to fish if final catch 

limits have not been implemented, this 

measure was established to allow 

fishing to continue for a short-interim 

period to minimize disruption to the 

groundfish fishery. Additional 

description of the default catch limit 

mechanism is provided in the preamble 

to the Framework 53 final rule (80 FR 

25110; May 1, 2015). 

TABLE 6—PROPOSED CATCH LIMITS FOR THE 2021 FISHING YEAR

[mt, live weight] 

Stock Total ACL Groundfish 

sub-ACL 

Sector 

sub-ACL 

Common 

pool 

sub-ACL 

Recreational 

sub-ACL 

Midwater 

trawl 

fishery 

Scallop 

fishery 

Smallmesh 

fisheries 

State waters 

sub-component 

Other 

sub-component 

A to H A+B+C A B C D E F G H 

GB Cod ................... 1,250 1,093 1,045 48 ........................ ................ ................ .................. 20 137 

GOM Cod ................ 523 463 262 8.2 193 ................ ................ .................. 48 12 

GB Haddock ............ 78,574 76,622 74,096 2,526 ........................ 1,539 ................ .................. 0 414 

GOM Haddock ........ 15,843 15,575 10,023 258 5,295 156 ................ .................. 56 56 

GB Yellowtail Flounder ........................ 78 64 59 5.1 ........................ ................ 12 1.5 0.0 0.0 

SNE/MA Yellowtail 

Flounder ............... 21 16 12 3.6 ........................ ................ 2.0 .................. 0.2 3.3 

CC/GOM Yellowtail 

Flounder ............... 787 692 651 41 ........................ ................ ................ .................. 58 37 

American Plaice ...... 2,740 2,682 2,592 90 ........................ ................ ................ .................. 29 29 

Witch Flounder ........ 1,414 1,317 1,273 44 ........................ ................ ................ .................. 44 52 

GB Winter Flounder 591 563 517 47 ........................ ................ ................ .................. 0 27 

GOM Winter Flounder ........................ 482 281 267 14 ........................ ................ ................ .................. 194 7.5 

SNE/MA Winter 

Flounder ............... 441 288 247 41 ........................ ................ ................ .................. 21 132 

Redfish .................... 9,677 9,677 9,537 139 ........................ ................ ................ .................. 0 0 

White Hake .............. 2,041 2,019 1,994 25 ........................ ................ ................ .................. 11 11 

Pollock ..................... 21,086 18,549 18,355 193 ........................ ................ ................ .................. 1,434 1,103 

N Windowpane 

Flounder ............... 150 108 na 108 ........................ ................ 31 .................. 0.8 10 

S Windowpane 

Flounder ............... 371 43 na 43 ........................ ................ 129 .................. 23 177 

Ocean Pout ............. 83 50 na 50 ........................ ................ ................ .................. 0 33 

Atlantic Halibut ........ 97 73 na 73 ........................ ................ ................ .................. 20 3.5 

Atlantic Wolffish ....... 86 86 na 86 ........................ ................ ................ .................. 0 0 

na: Not allocated to sectors. 

TABLE 7—PROPOSED CATCH LIMITS FOR THE 2022 FISHING YEAR

[mt, live weight] 

Stock Total ACL Groundfish 

sub-ACL 

Sector 

sub-ACL 

Common 

pool 

sub-ACL 

Recreational 

sub-ACL 

Midwater 

trawl 

fishery 

Scallop 

fishery 

Smallmesh 

fisheries 

State waters 

sub-component 

Other 

sub-component 

A to H A+B+C A B C D E F G H 

GB Cod ................... 1,250 1,093 1,045 48 ........................ ................ ................ .................. 20 137 

GOM Cod ................ 523 463 262 8.2 193 ................ ................ .................. 48 12 

GB Haddock ............ 77,168 75,250 72,770 2,481 ........................ 1,511 ................ .................. 0 406 

GOM Haddock ........ 10,873 10,690 6,879 177 3,634 107 ................ .................. 38 38 

GB Yellowtail Flounder ........................ 78 64 59 5.1 ........................ ................ 12 1.5 0 0 

SNE/MA Yellowtail 

Flounder ............... 21 16 12 3.6 ........................ ................ 2.0 .................. 0.2 3.3 


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TABLE 7—PROPOSED CATCH LIMITS FOR THE 2022 FISHING YEAR—Continued 

[mt, live weight] 

Stock Total ACL Groundfish 

sub-ACL 

Sector 

sub-ACL 

Common 

pool 

sub-ACL 

Recreational 

sub-ACL 

Midwater 

trawl 

fishery 

Scallop 

fishery 

Smallmesh 

fisheries 

State waters 

sub-component 

Other 

sub-component 

A to H A+B+C A B C D E F G H 

CC/GOM Yellowtail 

Flounder ............... 787 692 651 41 ........................ ................ ................ .................. 58 37 

American Plaice ...... 2,687 2,630 2,542 89 ........................ ................ ................ .................. 28 28 

Witch Flounder ........ 1,414 1,317 1,273 44 ........................ ................ ................ .................. 44 52 

GB Winter Flounder 591 563 517 47 ........................ ................ ................ .................. 0 27 

GOM Winter Flounder ........................ 482 281 267 14 ........................ ................ ................ .................. 194 7.5 

SNE/MA Winter 

Flounder ............... 441 288 247 41 ........................ ................ ................ .................. 21 132 

Redfish .................... 9,559 9,559 9,421 138 ........................ ................ ................ .................. 0 0 

White Hake .............. 2,041 2,019 1,994 25 ........................ ................ ................ .................. 11 11 

Pollock ..................... 16,068 14,135 13,988 147 ........................ ................ ................ .................. 1,093 841 

N. Windowpane 

Flounder ............... 150 108 na 108 ........................ ................ 31 .................. 0.8 10 

S. Windowpane 

Flounder ............... 371 43 na 43 ........................ ................ 129 .................. 23 177 

Ocean Pout ............. 83 50 na 50 ........................ ................ ................ .................. 0 33 

Atlantic Halibut ........ 97 73 na 73 ........................ ................ ................ .................. 20 3.5 

Atlantic Wolffish ....... 86 86 na 86 ........................ ................ ................ .................. 0 0 

Na: not allocated to sectors. 

TABLE 8—PROPOSED CATCH LIMITS FOR THE 2023 FISHING YEAR

[mt, live weight] 

Stock Total ACL Groundfish 

sub-ACL 

Sector 

sub-ACL 

Common 

pool 

sub-ACL 

Recreational 

sub-ACL 

Midwater 

trawl 

fishery 

Scallop 

fishery 

Smallmesh 

fisheries 

State waters 

sub-component 

Other 

sub-component 

A to H A+B+C A B C D E F G H 

GB Cod * ................. .................. .................... .............. ................ ........................ ................ ................ .................. .......................... ..........................

GOM Cod * .............. .................. .................... .............. ................ ........................ ................ ................ .................. .......................... ..........................

GB Haddock * .......... .................. .................... .............. ................ ........................ ................ ................ .................. .......................... ..........................

GOM Haddock * ...... .................. .................... .............. ................ ........................ ................ ................ .................. .......................... ..........................

GB Yellowtail Flounder * * .................... .................. .................... .............. ................ ........................ ................ ................ .................. .......................... ..........................

SNE/MA Yellowtail 

Flounder * ............. .................. .................... .............. ................ ........................ ................ ................ .................. .......................... ..........................

CC/GOM Yellowtail 

Flounder * ............. .................. .................... .............. ................ ........................ ................ ................ .................. .......................... ..........................

American Plaice * .... .................. .................... .............. ................ ........................ ................ ................ .................. .......................... ..........................

Witch Flounder * ...... .................. .................... .............. ................ ........................ ................ ................ .................. .......................... ..........................

GB Winter Flounder 591 563 517 47 ........................ ................ ................ .................. 0 27 

GOM Winter Flounder ........................ 482 281 267 14 ........................ ................ ................ .................. 194 7.5 

SNE/MA Winter 

Flounder ............... 441 288 247 41 ........................ ................ ................ .................. 21 132 

Redfish .................... 9,469 9,469 9,332 136 ........................ ................ ................ .................. 0 0 

White Hake * ............ .................. .................... .............. ................ ........................ ................ ................ .................. .......................... ..........................

Pollock * ................... .................. .................... .............. ................ ........................ ................ ................ .................. .......................... ..........................

N Windowpane 

Flounder ............... 150 108 na 108 ........................ ................ 31 .................. 0.8 10 

S Windowpane 

Flounder ............... 371 43 na 43 ........................ ................ 129 .................. 23 177 

Ocean Pout ............. 83 50 na 50 ........................ ................ ................ .................. 0 33 

Atlantic Halibut ........ 97 73 na 73 ........................ ................ ................ .................. 20 3.5 

Atlantic Wolffish ....... 86 86 na 86 ........................ ................ ................ .................. 0 0 

na: Not allocated to sectors. 

* These stocks only have an allocation for fishing years 2021–2022, previously approved in Framework 59. 

** Framework 61 proposes allocations for GB yellowtail flounder for fishing years 2021 and 2022 only. 

TABLE 9—PROPOSED FISHING YEARS 2021–2023 COMMON POOL TRIMESTER TACS

[mt, live weight] 

Stock 

2021 2022 2023 

Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3 

GB Cod .................................... 13.4 16.3 18.2 13.4 16.3 18.2 .................... .................... ....................

GOM Cod ................................. 4.0 2.7 1.5 4.0 2.7 1.5 .................... .................... ....................

GB Haddock ............................ 682.0 833.5 1010.4 669.8 818.6 992.3 .................... .................... ....................

GOM Haddock ......................... 69.6 67.1 121.2 47.8 46.0 83.2 .................... .................... ....................

GB Yellowtail Flounder ............ 1.0 1.5 2.6 1.0 1.5 2.6 .................... .................... ....................

SNE/MA Yellowtail Flounder ... 0.8 1.0 1.8 0.8 1.0 1.8 .................... .................... ....................


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TABLE 9—PROPOSED FISHING YEARS 2021–2023 COMMON POOL TRIMESTER TACS—Continued 

[mt, live weight] 

Stock 

2021 2022 2023 

Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3 Trimester 1 Trimester 2 Trimester 3 

CC/GOM Yellowtail Flounder .. 23.6 10.8 7.0 23.6 10.8 7.0 .................... .................... ....................

American Plaice ....................... 66.8 7.2 16.3 65.5 7.1 15.9 .................... .................... ....................

Witch Flounder ......................... 24.3 8.8 11.0 24.3 8.8 11.0 .................... .................... ....................

GB Winter Flounder ................. 3.7 11.2 31.7 3.7 11.2 31.7 3.7 11.2 31.7 

GOM Winter Flounder ............. 5.1 5.3 3.5 5.1 5.3 3.5 5.1 5.3 3.5 

Redfish ..................................... 34.8 43.2 61.3 34.4 42.7 60.6 34.1 42.3 60.0 

White Hake .............................. 9.5 7.8 7.8 9.5 7.8 7.8 .................... .................... ....................

Pollock ..................................... 54.1 67.6 71.5 41.2 51.5 54.5 .................... .................... ....................

TABLE 10—PROPOSED COMMON POOL INCIDENTAL CATCH TACS FOR THE 2021–2023 FISHING YEARS

[mt, live weight] 

Stock 

Percentage of 

common pool 

sub-ACL 

2020 2021 2022 

GB Cod .......................................................................................................... 1.68 0.81 0.81 ........................

GOM Cod ....................................................................................................... 1 0.08 0.08 ........................

GB Yellowtail Flounder .................................................................................. 2 0.10 0.10 ........................

CC/GOM Yellowtail Flounder ........................................................................ 1 0.41 0.41 ........................

American Plaice ............................................................................................. 5 4.51 4.43 ........................

Witch Flounder ............................................................................................... 5 2.21 2.21 ........................

SNE/MA Winter Flounder .............................................................................. 1 0.41 0.41 0.41 

TABLE 11—PERCENTAGE OF INCIDENTAL CATCH TACS DISTRIBUTED TO EACH SPECIAL MANAGEMENT PROGRAM

Stock 

Regular B 

DAS program 

(percent) 

Eastern 

U.S./CA 

haddock SAP 

(percent) 

GB Cod .................................................................................................................................................................... 60 40 

GOM Cod ................................................................................................................................................................. 100 n/a 

GB Yellowtail Flounder ............................................................................................................................................ 50 50 

CC/GOM Yellowtail Flounder .................................................................................................................................. 100 n/a 

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

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

SNE/MA Winter Flounder ........................................................................................................................................ 100 n/a 

TABLE 12—PROPOSED FISHING YEARS 2021–2023 INCIDENTAL CATCH TACS FOR EACH SPECIAL MANAGEMENT

PROGRAM

[mt, live weight] 

Stock 

Regular B DAS program Eastern U.S./Canada haddock SAP 

2021 2022 2023 2021 2022 2023 

GB Cod ............................................................................ 0.48 0.48 .................... 0.32 0.32 ....................

GOM Cod ......................................................................... 0.08 0.08 .................... n/a n/a n/a 

GB Yellowtail Flounder .................................................... 0.05 0.05 .................... 0.05 0.05 ....................

CC/GOM Yellowtail Flounder ........................................... 0.41 0.41 .................... n/a n/a n/a 

American Plaice ............................................................... 4.51 4.43 .................... n/a n/a n/a 

Witch Flounder ................................................................. 2.21 2.21 .................... n/a n/a n/a 

SNE/MA Winter Flounder ................................................ 0.41 0.41 0.41 n/a n/a n/a 

TABLE 13—PROPOSED FISHING YEARS 2021–2023 REGULAR B DAS PROGRAM QUARTERLY INCIDENTAL CATCH TACS

[mt, live weight] 

Stock 

2021 2022 2023 

1st 

Quarter 

(13 

percent) 

2nd 

Quarter 

(29 

percent) 

3rd 

Quarter 

(29 

percent) 

4th 

Quarter 

(29 

percent) 

1st 

Quarter 

(13 

percent) 

2nd 

Quarter 

(29 

percent) 

3rd 

Quarter 

(29 

percent) 

4th 

Quarter 

(29 

percent) 

1st 

Quarter 

(13 

percent) 

2nd 

Quarter 

(29 

percent) 

3rd 

Quarter 

(29 

percent) 

4th 

Quarter 

(29 

percent) 

GB Cod .................................... 0.06 0.14 0.14 0.14 0.06 0.14 0.14 0.14 .............. .............. .............. ..............

GOM Cod ................................. 0.01 0.02 0.02 0.02 0.01 0.02 0.02 0.02 .............. .............. .............. ..............

GB Yellowtail Flounder ............ 0.007 0.015 0.015 0.015 0.01 0.01 0.01 0.01 .............. .............. .............. ..............


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TABLE 13—PROPOSED FISHING YEARS 2021–2023 REGULAR B DAS PROGRAM QUARTERLY INCIDENTAL CATCH TACS— 

Continued 

[mt, live weight] 

Stock 

2021 2022 2023 

1st 

Quarter 

(13 

percent) 

2nd 

Quarter 

(29 

percent) 

3rd 

Quarter 

(29 

percent) 

4th 

Quarter 

(29 

percent) 

1st 

Quarter 

(13 

percent) 

2nd 

Quarter 

(29 

percent) 

3rd 

Quarter 

(29 

percent) 

4th 

Quarter 

(29 

percent) 

1st 

Quarter 

(13 

percent) 

2nd 

Quarter 

(29 

percent) 

3rd 

Quarter 

(29 

percent) 

4th 

Quarter 

(29 

percent) 

CC/GOM Yellowtail Flounder .. 0.05 0.12 0.12 0.12 0.05 0.12 0.12 0.12 .............. .............. .............. ..............

American Plaice ....................... 0.59 1.31 1.31 1.31 0.58 1.28 1.28 1.28 .............. .............. .............. ..............

Witch Flounder ......................... 0.29 0.64 0.64 0.64 0.29 0.64 0.64 0.64 .............. .............. .............. ..............

SNE/MA Winter Flounder ........ 0.05 0.12 0.12 0.12 0.05 0.12 0.12 0.12 0.05 0.12 0.12 0.12 

6. Universal Sector Exemption for 

Acadian Redfish (Redfish) 

Proposed Universal Sector Exemption 

for Redfish 

This rule proposes to approve and 

implement a new universal sector 

exemption that would allow sector 

vessels to target redfish within a defined 

area using a 5.5-inch (14.0- centimeters 

(cm)) mesh codend. Redfish is a healthy 

stock that sectors already harvest under 

a sector exemption that is evaluated and 

approved as part of the sector operations 

plan process annually or biennially. The 

redfish exemption was most recently 

approved in the 2021–2022 sector final 

rule (86 FR 22898; April 30, 2021), 

under the Regional Administrator’s 

authority (50 CFR 648.87(c)(2)). As part 

of this rule, which proposes to approve 

a new universal sector exemption for 

redfish, we would also eliminate the 

current sector exemption for redfish. 

This will prevent conflict and confusion 

between two very similar exemptions, 

and is consistent with the Council’s 

intent to replace the current redfish 

sector exemption with a new universal 

redfish exemption for sectors. 

Since fishing year 2012, we have 

approved annual exemptions that allow 

sector vessels to target redfish with a 

sub-legal size mesh codend, ranging 

from 4.5 inches (11.4 cm) to 6 inches 

(15.2 cm), with different versions of the 

exemptions requiring different levels of 

monitoring, different catch thresholds, 

and different areas where vessels are 

allowed to use the exemption. 

Currently, the exemption allows vessels 

to fish with a 5.5-inch (14.0-cm) codend, 

with standard at-sea or electronic 

monitoring coverage, in a defined 

redfish exemption area (Figure 1). 

Sectors must also meet a 50-percent or 

greater redfish catch threshold and a 

less than 5-percent groundfish discards 

threshold, each on a monthly basis. This 

exemption is monitored and approved 

as part of the standard sector operations 

plan annual or biennial approval 

process, which considers the objectives 

of the FMP in approving and 

disapproving exemption requests. 

The proposed universal exemption 

would expand the current redfish 

exemption area (Figure 2), create two 

seasonal closures of the redfish 

exemption area, add a 55-percent or 

greater annual redfish catch threshold, 

modify the existing monthly catch and 

discard thresholds, and create 

provisions that require sectors to be 

placed in probationary status and/or 

have their vessels prohibited from using 

the universal exemption if catch or 

discard thresholds are not met. The 

reporting and monitoring requirements 

of the universal exemption would 

remain the same as the annually 

approved redfish exemption, however, 

those requirements would be codified in 

regulation rather than detailed in sector 

operations plans. The Council put 

forward a universal redfish exemption, 

instead of an annual sector exemption, 

in order to increase stability for fishery 

participants and to improve Council 

oversight of the redfish fishery. 

If approved, the redfish exemption 

would be added to the list of universal 

sector exemptions. Additionally, a 

sector redfish exemption program, 

corresponding to the universal 

exemption, would be described in 

regulations, defining terms of the 

program, including vessel eligibility, 

area, gear, monitoring thresholds, and 

other administrative elements of the 

exemption program. Under the program, 

eligibility would be limited to sector 

vessels that hold Northeast multispecies 

permits permitting the use of 6.5-inch 

(16.5-cm) inch codends under existing 

regulations. The defined Redfish 

Exemption Area would encompass 

much of the offshore portion of the Gulf 

of Maine regulated mesh area south of 

43 degrees 20 minutes North latitude, 

and portions of the Georges Bank 

regulated mesh area north of 42 degrees 

North latitude (Figure 2). There would 

be two seasonal closures of the Redfish 

Exemption Area: The Redfish 

Exemption Area Cod Closure and the 

Redfish Exemption Area Seasonal 

Closure II. The Redfish Exemption Area 

Cod Closure, which aligns with block 

131, would be closed to redfish 

exemption fishing for the months of 

February and March to avoid catch of 

Gulf of Maine cod (Figure 2). The 

Redfish Exemption Area Seasonal 

Closure II, which includes the United 

States portion of statistical area 464, 

would be closed to redfish exemption 

fishing from September 1 through 

December 31 to reduce catch of nonredfish stocks (Figure 2). Vessels fishing 

under the proposed universal 

exemption would continue to be 

prohibited from fishing in groundfish 

closure areas, habitat management areas, 

or any other areas that prohibit fishing 

with trawl gear that fall within the 

bounds of the Redfish Exemption Area. 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with PROPOSALS
33200 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules 


khammond on DSKJM1Z7X2PROD with PROPOSALSEP24JN21.004</GPH>

71"W 10.·w 

Reiiised RedfrS.h Exemption Are8' 

dfl&hCrosectkea 

tetn U.S./C~da·Area 

twrrU.SJCanada Area 

nUSICanada Haddcick SAP'J\r 

69"W 61\"IIV 

·o,. 1···0 + ·. ·+ I 

·.•,. l 

• l 

Figure 1 - Fishing Year 2020 Redfish Exemption Area 
Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules 33201 

BILLING CODE 3510–22–C 

Vessels planning to fish under the 

provisions of the proposed exemption 

program would be required to declare 

their intent to fish under the exemption 

prior to leaving the dock. Vessels would 

also be required to submit pre-trip 

notifications for observer coverage 

selection, and to carry observers or atsea monitors if selected for coverage, or 

to use electronic monitoring consistent 

with monitoring regulations. Vessels 

declaring into the program would be 

required to submit daily catch reports 

even if they do not use the exemption. 

Vessels would be allowed to fish for 

groundfish as they normally would on 

the first part of their groundfish trip, 

inside or out of the Redfish Exemption 

Area. Prior to fishing with a smaller 

mesh codend under the universal 

exemption, vessels would be required to 

notify NMFS that they are switching to 

small mesh; this notification indicates 

that the vessel is now on the redfish 

portion of its trip. Vessels would be 

prohibited from fishing outside the 

Redfish Exemption Area when on the 

redfish exemption portion of their trip, 

and all activity during this portion of 

the trip, regardless of mesh size, would 

contribute to catch and discard 

thresholds. Vessels that do not submit 

this notification, daily catch reports, or 

declare into the exemption program 

would be prohibited from participating 

in the exemption for that trip. On the 

redfish portion of their trips, vessels 

would be allowed to use a codend with 

mesh of 5.5 inches (14.0 cm) or larger, 

square or diamond. Codends with mesh 

smaller than would otherwise be 

permitted by regulation would be 

required to be stowed during transit to 

and from the Redfish Exemption Area, 

and when not in use. Vessels would also 

be required to stow any non-trawl gear 

for the duration of a trip where the 

vessel has declared its intent to fish 

under the redfish exemption. 

The proposed universal redfish 

exemption would require sectors to 

meet several catch and discard 

thresholds to encourage responsible use 

of the exemption by sector vessels to 

harvest redfish. The thresholds include 

a monthly landings threshold of 50- 

percent or greater redfish among 

landings of allocated groundfish, a 

monthly discard threshold of 5-percent 

or less discards of all groundfish from 

total observed catch, and an annual 

landings threshold of 55-percent or 

greater redfish among landings of 

allocated groundfish. All thresholds 

would be for the exemption portion of 

trips by the vessels in each sector. If the 

vessels in a sector fail to meet the 

monthly landings or discard thresholds 

for four or more months or three 

consecutive months in a fishing year, 

the Regional Administrator would be 

required to prohibit vessels in that 

sector from fishing under the exemption 

for the remainder of the fishing year. 

Additionally, the Regional 

Administrator would be required to 

place the sector in a probationary status 


khammond on DSKJM1Z7X2PROD with PROPOSALSEP24JN21.005</GPH>

Legend 

c:::J Redfish ExemptionArea 

- Redfish ExemplionArea Cod Closure 

[!iilJ Redfish Exemption Area Seasona~ Closu:te rt 

~ Eastern U.S./Ganada Management Area 

~ Western U.S./Canada Managemen!Area 

D Statistical Areas 

-- 50 fathom Bathymetry 

I>:=::::! Groundfish Closure Areas 

1111 Habitat Management Areas 

--Exclusive Economic Zone (E.EZ) (200 nmi) 

Figure 2-Proposed Universal Redfish Exemption Area 
33202 Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules 

for the following fishing year. Similarly, 

if the vessels in a sector failed to meet 

the annual landings threshold in a given 

fishing year, the Regional Administrator 

would be required to place the sector in 

a probationary status the following 

fishing year. If a sector is under 

probationary status and fails to meet 

either the monthly landings or discard 

thresholds for four or more months or 

three consecutive months, the Regional 

Administrator would be required to 

prohibit vessels in that sector from 

fishing under the redfish exemption for 

the remainder of that fishing year, and 

the following fishing year. If the vessels 

in a sector under probationary status fail 

to meet the annual catch threshold, then 

the Regional Administrator would be 

required to prohibit vessels in that 

sector from fishing under the exemption 

for the following fishing year. NMFS 

would monitor the thresholds, notify 

sectors if they fail to meet the 

thresholds, and make necessary changes 

to sector operations plans and letters of 

authorization to implement 

probationary status or prohibitions on 

exemption fishing as needed. 

The Council would review the 

universal redfish exemption after the 

next peer-reviewed stock assessment is 

completed for the redfish stock. The 

review would consider the Council’s 

goals and objectives for the exemption 

including: To achieve optimum yield of 

redfish, to allow the use of efficient 

mesh codend to harvest redfish, to 

increase redfish harvest while reducing 

bycatch of other stocks, to allow 

operational flexibility for vessels 

targeting redfish, and to exclude areas 

from the exemption which provide little 

opportunity to efficiently target redfish 

or achieve performance thresholds. 

Classification 

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

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has made a 

preliminary determination that this 

proposed rule is consistent with 

Framework 61, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law, subject to further 

consideration after public comment. In 

making the final determination, we will 

consider the data, views, and comments 

received during the public comment 

period. 

This proposed rule has been 

determined to be not significant for 

purposes of Executive Order (E.O.) 

12866. 

This proposed rule does not contain 

policies with federalism or takings 

implications as those terms are defined 

in E.O. 13132 and E.O. 12630, 

respectively. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration that this 

proposed rule, if adopted, would not 

have a significant economic impact on 

a substantial number of small entities. 

The factual determination for this 

determination is as follows. 

Periodic framework adjustments are 

used to revise the Northeast 

Multispecies FMP in response to new 

scientific information to support catch 

limits that prevent overfishing and other 

adjustments to improve management 

measures included in the FMP. 

Framework 61 proposes to revise 

groundfish fishery specifications for 

fishing years 2021–2023 (May 1, 2021, 

through April 30, 2024) for nine 

groundfish stocks. Specifications for 

shared U.S./Canada groundfish stocks 

would also be updated for the 2021 

fishing year. The recreational 

groundfish, Atlantic sea scallop, smallmesh multispecies, Atlantic herring, 

and large-mesh non-groundfish fisheries 

would be affected by the setting of 

specifications and sub-allocations of 

various groundfish stocks including: 

GOM cod and GOM haddock for the 

recreational groundfish fishery, four 

flatfish stocks (GB yellowtail flounder, 

SNE/MA yellowtail flounder, northern 

windowpane flounder, and southern 

windowpane founder) for the Atlantic 

sea scallop fishery, GB yellowtail 

flounder for the small-mesh groundfish 

fishery, and GOM and GB haddock for 

the Atlantic herring midwater trawl 

fishery. Framework 61 would also revise 

SDCs for GB winter flounder and SNE/ 

MA winter flounder as well as revise the 

stock rebuilding strategy for white hake. 

Lastly, Framework 61 would implement 

a universal sector exemption to allow 

sectors to target redfish with 5.5-inch 

(14.0-cm) mesh codend in a specified 

exemption area. 

The Regulatory Flexibility Act (RFA) 

requires Federal agencies to consider 

disproportionality and profitability to 

determine the significance of regulatory 

impacts. For RFA purposes only, NMFS 

has established a small business size 

standard for businesses, including their 

affiliates, whose primary industry is 

commercial fishing (see 50 CFR 200.2). 

A business primarily engaged in 

commercial fishing (NAICS code 11411) 

is classified as a small business if it is 

independently owned and operated, is 

not dominant in its field of operation 

(including its affiliates), and has 

combined annual receipts not in excess 

of $11 million for all its affiliated 

operations worldwide. The 

determination as to whether the entity 

is large or small is based on the average 

annual revenue for the three years from 

2017 through 2019. The Small Business 

Administration (SBA) has established 

size standards for all other major 

industry sectors in the U.S., including 

for-hire fishing (NAICS code 487210). 

These entities are classified as small 

businesses if combined annual receipts 

are not in excess of $8.0 million for all 

its affiliated operations. As with 

commercial fishing businesses, the 

annual average of the three most recent 

years (2017–2019) is utilized in 

determining annual receipts for 

businesses primarily engaged in for-hire 

fishing. 

As of June 1, 2020, NMFS had issued 

762 commercial limited-access 

groundfish permits associated with 

vessels (including those in confirmation 

of permit history, CPH), 584 party/ 

charter groundfish permits, 706 limited 

access and general category Atlantic sea 

scallop permits, 693 small-mesh 

multispecies permits, 81 Atlantic 

herring permits, and 810 large-mesh 

non-groundfish permits (limited access 

summer flounder and scup permits). 

Therefore, this action potentially 

regulates 3,636 permits. When 

accounting for overlaps between 

fisheries, this number falls to 2,102 

permitted vessels. Each vessel may be 

individually owned or part of a larger 

corporate ownership structure, and for 

RFA purposes, it is the ownership entity 

that is ultimately regulated by the 

proposed action. Ownership entities are 

identified on June 1st of each year based 

on the list of all permit numbers, for the 

most recent complete calendar year, that 

have applied for any type of Northeast 

Federal fishing permit. The current 

ownership data set is based on calendar 

year 2019 permits and contains gross 

sales associated with those permits for 

calendar years 2017 through 2019. 

Based on the ownership data, 1,637 

distinct business entities hold at least 

one permit that the proposed action 

potentially regulates. All 1,637 business 

entities identified could be directly 

regulated by this proposed action. Of 

these 1,637 entities, 1,000 are 

commercial fishing entities, 293 are forhire entities, and 344 did not have 

revenues (were inactive in 2019). Of the 

1,000 commercial fishing entities, 990 

are categorized as small entities and 10 

are categorized as large entities, per the 

NMFS guidelines. All 293 for-hire 

entities are categorized as small 

businesses. 

The Framework 61 measures would 

enhance the operational flexibility of 

fishermen and increase profits overall. 

The measures proposed in Framework 

61 are estimated to generate $44.9–$45.3 

million in sector revenue from the catch 


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Federal Register / Vol. 86, No. 119 / Thursday, June 24, 2021 / Proposed Rules 33203 

of Multispecies groundfish, $62.7–$63.5 

million in total revenue from all fish 

caught on sector groundfish trips, and 

$46.4–$47.1 million in operating profit 

from sector groundfish trips during 

fishing year 2021. Under No Action, 

estimated sector revenue from the catch 

of Multispecies groundfish is $11.4 

million, revenue from all fish caught on 

sector groundfish trips is $16.0 million, 

and operating profit from sector 

groundfish trips is $11.8 million. Small 

entities engaged in the commercial 

sector groundfish fishery will therefore 

be positively impacted by the proposed 

action, relative to No Action. Small 

entities engaged in common pool 

groundfish fishing are also expected to 

be positively impacted by the proposed 

action. Other commercial fisheries 

which have sub-ACLs for groundfish 

stocks (Atlantic sea scallop, Atlantic 

herring, small-mesh multispecies, largemesh non-groundfish), are not expected 

to be negatively impacted by the 

proposed action, if catch follows recent 

performance in these fisheries. The 

details of these economic analyses are 

included in Framework 58 (see 

ADDRESSES). 

This action is not expected to have a 

significant economic impact on a 

substantial number of small entities. 

The effects on the regulated small 

entities identified in this analysis are 

expected to be positive relative to the no 

action alternative, which would result 

in lower revenues and profits than the 

proposed action. These measures would 

enhance the operational flexibility of 

groundfish fishermen, and increase 

profits. Under the proposed action, 

small entities would not be placed at a 

competitive disadvantage relative to 

large entities, and the regulations would 

not reduce the profits for any small 

entities relative to taking no action. As 

a result, an initial regulatory flexibility 

analysis is not required and none has 

been prepared. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping, 

and reporting requirements. 

Dated: June 21, 2021. 

Samuel D. Rauch, III, 

Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons stated in the 

preamble, 50 CFR part 648 is proposed 

to be amended as follows: 

PART 648—FISHERIES OF THE 

NORTHEASTERN UNITED STATES 

■ 1. The authority citation for part 648 

continues to read as follows: 

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

■ 2. In § 648.14, add paragraph (k)(21) to 

read as follows: 

§ 648.14 Prohibitions. 

* * * * * 

(k) * * * 

(21) Universal sector exemption 

programs—(i) Redfish Exemption 

Program. (A) While fishing under the 

provisions of the Redfish Exemption 

Program, it is unlawful for any person 

to: 

(1) Fish with a codend of mesh 

smaller than 5.5-inch (14.0-cm) 

diamond or square, 

(2) Fish outside of the Redfish 

Exemption Area specified in 

§ 648.85(e)(1)(ii), 

(3) Fish in the Redfish Exemption 

Area Cod Closure specified in 

§ 648.85(e)(1)(ii)(A) during the closure 

period, 

(4) Fish in the Redfish Exemption 

Area Seasonal Closure II specified in 

§ 648.85(e)(1)(ii)(B) during the closure 

period, 

(5) Fail to comply with the 

declaration requirements of the Redfish 

Exemption Program specified in 

§ 648.85(e)(1)(iv), 

(6) Fail to comply with the reporting 

requirements of the Redfish Exemption 

Program specified in § 648.85(e)(1)(v), or 

(7) Fail to comply with the gear 

requirements of the Redfish Exemption 

Program specified in § 648.85(e)(1)(vii), 

or fish with any gear other than trawl. 

(B) It is unlawful for any person to 

fish under the provisions of the Redfish 

Exemption Program when prohibited 

from doing so by the Regional 

Administrator under 

§ 648.85(e)(1)(viii)(C), or when ineligible 

or prohibited for any other reason. 

(ii) [Reserved] 

* * * * * 

■ 3. In § 648.85, add paragraph (e) to 

read as follows: 

§ 648.85 Special management programs. 

* * * * * 

(e) Universal exemption programs for 

sector vessels—(1) Redfish Exemption 

Program—(i) Eligibility. Any vessel 

enrolled in a NMFS approved Northeast 

multispecies sector and issued a limited 

access Northeast multispecies permit 

that allows the use of trawl gear 

consistent with paragraph (e)(1)(vii) of 

this section may fish in compliance 

with the provisions of the Redfish 

Exemption Program described in 

paragraphs (e)(1)(ii) through (viii) of this 

section, except those vessels enrolled in 

a sector whose members have been 

prohibited from doing so by the 

Regional Administrator under paragraph 

(e)(1)(viii)(C) of this section, or those 

vessels ineligible or prohibited for any 

other reason. Letters of authorization 

issued pursuant to § 648.87(c)(2) shall 

authorize or prohibit participation in 

the program by sector vessels consistent 

with paragraph (e)(1)(viii)(C) of this 

section. 

(ii) Redfish Exemption Area. The 

Redfish Exemption Area is the area 

defined by straight lines connecting the 

following points in the order stated (a 

chart depicting this area is available 

from the Regional Administrator upon 

request): 

TABLE 14 TO PARAGRAPH (e)(1)(ii) 

Point N Lat. W Long. 

A ........................... 43°00′ ...... 69°55′ 

B ........................... 43°00′ ...... 69°30′ 

C ........................... 43°20′ ...... 69°30′ 

D ........................... 43°20′ ...... (1) 

E ........................... 42°53.24′ 67°44.55′ 

F ............................ 42°20′ ...... (2) 

G ........................... 42°20′ ...... 67°40′ 

H ........................... 42°20′ ...... 67°40′ 

I ............................. 42°00′ ...... 69°37′ 

J ............................ 42°20′ ...... 69°55′ 

A ........................... 43°00′ ...... 69°55′ 

1 US EEZ longitude, approximately 

67°35.07′. 2 US EEZ longitude, approximately 

67°18.17′. 

(A) Redfish Exemption Area Cod 

Closure. No vessel may participate in 

the Redfish Exemption Program inside 

the Redfish Exemption Area Cod 

Closure from February 1 through March 

31 of each year. The Redfish Exemption 

Area Cod Closure is the area defined by 

straight lines connecting the following 

points in the order stated: 

TABLE 15 TO PARAGRAPH (e)(1)(ii)(A) 

Point N Lat. W Long. 

A ........................... 43°00′ ...... 69°55′ 

B ........................... 43°00′ ...... 69°30′ 

K ........................... 42°30′ ...... 69°30′ 

L ............................ 42°30′ ...... 69°55′ 

A ........................... 43°00′ ...... 69°55′ 

(B) Redfish Exemption Area Seasonal 

Closure II. No vessel may participate in 

the Redfish Exemption Program inside 

the Redfish Exemption Area Seasonal 

Closure II from September 1 through 

December 31 of each year. The Redfish 

Exemption Area Seasonal Closure II is 

the area defined by straight lines 

connecting the following points in the 

order stated: 

TABLE 16 TO PARAGRAPH (e)(1)(ii)(B) 

Point N Lat. W Long. 

M ........................... 42°47.17′ 67°40′ 

F ............................ 42°20′ ...... (1) 


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TABLE 16 TO PARAGRAPH

(e)(1)(ii)(B)—Continued 

Point N Lat. W Long. 

G ........................... 42°20′ ...... 67°40′ 

M ........................... 42°47.17′ 67°40′ 

1 US EEZ longitude, approximately 

67°18.17′. 

(C) No vessel may participate in the 

Redfish Exemption Program in any areas 

that are otherwise closed to fishing for 

Northeast multispecies or fishing with 

trawl gear, including but not limited to 

year-round closed areas, seasonal closed 

areas, or habitat closures. 

(iii) Season. An eligible vessel as 

described in paragraph (e)(1)(i) of this 

section may participate in the Redfish 

Exemption Program from May 1 through 

April 30 of each year as authorized in 

the vessel’s letter of authorization 

issued pursuant to § 648.87(c)(2), unless 

otherwise prohibited in the letter of 

authorization under paragraph 

(e)(1)(viii)(C) of this section. 

(iv) Declaration. To participate in the 

Redfish Exemption Program on a sector 

trip, an eligible vessel must declare its 

intent to do so through the VMS prior 

to leaving the dock, in accordance with 

instructions provided by the Regional 

Administrator. 

(A) Pre-trip notification. For the 

purposes of selecting vessels for 

observer deployment or electronic 

monitoring, a vessel participating in the 

Redfish Exemption Program must 

comply with all pre-trip notification 

requirements at § 648.11(l). 

(B) [Reserved] 

(v) Reporting—(A) Daily catch 

reporting. The owner or operator of a 

vessel that has declared into the Redfish 

Exemption Program as required in 

paragraph (e)(1)(iv) of this section must 

submit catch reports via VMS, for each 

day of the fishing trip. Vessels subject 

to the daily reporting requirement must 

report daily for the entire fishing trip, 

including any portion fished outside of 

the Redfish Exemption Area. The 

reports must be submitted in 24-hr 

intervals for each day, beginning at 0000 

hr and ending at 2359 hr, and must be 

submitted by 0900 hr of the following 

day, or as instructed by the Regional 

Administrator. The reports must include 

at least the following information: 

(1) VTR serial number or other 

universal ID specified by the Regional 

Administrator; 

(2) Date fish were caught and 

statistical area in which fish were 

caught; and 

(3) Total pounds of each regulated 

Northeast multispecies and ocean pout 

kept (in pounds, live weight) as well as 

the total pounds of other kept catch (in 

pounds, live weight) in each statistical 

area, as instructed by the Regional 

Administrator. 

(B) Redfish exemption fishing 

notification. Before switching to a 

smaller mesh codend allowed under the 

Redfish Exemption Program, the owner 

or operator of a vessel must submit a 

redfish exemption fishing notification. 

This notification is provided with an 

additional catch report submitted via 

VMS, reporting all catch on board and 

indicating that the vessel is switching to 

a smaller mesh codend. This 

notification indicates that the vessel is 

now fishing under the provisions of the 

Redfish Exemption Program. Vessels 

that fail to declare into the Redfish 

Exemption Program as required in 

paragraph (e)(1)(iv) of this section may 

not fish under the Redfish Exemption 

Program even if this notification is sent. 

The notification must include at least 

the following information: 

(1) VTR serial number or other 

universal ID specified by the Regional 

Administrator; 

(2) Date fish were caught and 

statistical area in which fish were 

caught; 

(3) Total pounds of each regulated 

Northeast multispecies and ocean pout 

kept (in pounds, live weight) as well as 

the total pounds of other kept catch (in 

pounds, live weight) in each statistical 

area, as instructed by the Regional 

Administrator; and 

(4) Indication that the vessel is now 

switching to a smaller mesh codend. 

(vi) Area fished. (A) A vessel that has 

declared its intent to fish under the 

Redfish Exemption Program consistent 

with paragraph (e)(1)(iv) of this section 

may conduct the first part of its trip 

outside the provisions of the Redfish 

Exemption Program, subject to all other 

Northeast multispecies regulations 

including codend mesh size, prior to 

sending a redfish exemption fishing 

notification as described in paragraph 

(e)(1)(v)(B) of this section. 

(B) Once a vessel has sent a redfish 

exemption fishing notification as 

described in paragraph (e)(1)(v)(B) of 

this section, the vessel is prohibited 

from fishing outside of the Redfish 

Exemption Area for the remainder of its 

trip. 

(vii) Gear requirements. Vessels may 

only use trawl gear when declared into 

and fishing in the Redfish Exemption 

Program. Vessels may fish in the 

Redfish Exemption Program with any 

trawl gear, including, but not limited to, 

otter trawl, haddock separator trawl, 

flounder trawl, or Ruhle trawl. 

(A) Minimum codend mesh size. The 

minimum codend mesh size for vessels 

fishing in the Redfish Exemption 

Program is 5.5-inch square or diamond 

mesh. All other trawl net restrictions 

listed in § 648.80(a)(3)(i) and (a)(4)(i), 

including minimum mesh sizes for the 

net body and extensions, still apply. 

(B) Gear stowage. Codends with mesh 

smaller than otherwise permitted by 

regulation at § 648.80(a)(3)(i) and 

(a)(4)(i), or § 648.87(c)(2)(ii)(D), must be 

stowed during transit to and from the 

Redfish Exemption Area, and when not 

in use under the Redfish Exemption 

Program. Any non-trawl fishing gear 

must be stowed for the duration of any 

trip for which a vessel declared its 

intent to fish under the Redfish 

Exemption Program consistent with 

paragraph (e)(1)(iv) of this section. 

Stowed gear must be not available for 

immediate use consistent with 

definitions in § 648.2 

(viii) Catch Thresholds—(A) Monthly 

Performance Thresholds. (1) Monthly 

Redfish Landings Threshold—Monthly 

redfish landings by a sector whose 

member vessels fish under the 

provisions of the Redfish Exemption 

Program may not be less than 50 percent 

of all the allocated Northeast 

multispecies stocks landed each month 

while fishing under the provisions of 

the Redfish Exemption Program. 

(2) Monthly Discards Threshold— 

Monthly observed discards of regulated 

Northeast multispecies and ocean pout 

by a sector whose member vessels fish 

under the provisions of the Redfish 

Exemption Program may not exceed 5 

percent of total observed kept catch, for 

those portions of trips fished each 

month under the provisions of the 

Redfish Exemption Program. 

(B) Annual Performance Thresholds. 

(1) Annual Redfish Landings 

Threshold—Annual fishing year redfish 

landings by a sector whose member 

vessels fish under the provisions of the 

Redfish Exemption Program may be no 

less than 55 percent of all the allocated 

Northeast multispecies stocks landed 

while fishing under the provisions of 

the Redfish Exemption Program. 

(C) Administration of Thresholds. (1) 

If a sector fails to meet the monthly 

redfish landings threshold or the 

monthly discards threshold described in 

paragraphs (e)(1)(viii)(A)(1) and (2) of 

this section for four or more months 

total, or three or more consecutive 

months, in a fishing year, the Regional 

Administrator shall prohibit all vessels 

in that sector from fishing under the 

provisions of the Redfish Exemption 

Program for the remainder of the fishing 

year, and place the sector and its vessels 

in a probationary status for one fishing 

year beginning the following fishing 

year. 


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(2) If a sector fails to meet the annual 

redfish landings threshold described in 

paragraph (e)(1)(viii)(B)(1) of this 

section in a fishing year, the Regional 

Administrator shall place the sector and 

its vessels in a probationary status for 

one fishing year beginning the following 

fishing year. 

(3) While in probationary status as 

described in paragraph (e)(1)(viii)(C)(1) 

or (2) of this section, if the sector fails 

to meet the monthly redfish landings 

threshold or the monthly discards 

threshold described in paragraphs 

(e)(1)(viii)(A)(1) and (2) of this section 

for four or more months total, or three 

or more consecutive months, in that 

fishing year, the Regional Administrator 

shall prohibit all vessels in that sector 

from fishing under the provisions of the 

Redfish Exemption Program for the 

remainder of the fishing year and the 

following fishing year. 

(4) If a sector fails to meet the annual 

redfish landings threshold in 

(e)(1)(viii)(B)(1) of this section for any 

fishing year during which the sector is 

in a probationary status as described in 

paragraph (e)(1)(viii)(C)(1) or (2) of this 

section, the Regional Administrator 

shall prohibit all vessels in that sector 

from fishing under the provisions of the 

Redfish Exemption Program for the 

following fishing year. 

(5) The Regional Administrator may 

determine a sector has failed to meet 

required monthly or annual thresholds 

described in paragraphs (e)(1)(viii)(A) 

and (B) of this section using available 

information including, but not limited 

to, vessel declarations and notifications, 

vessel trip reports, dealer reports, and 

observer and electronic monitoring 

records. 

(6) The Regional Administrator shall 

notify a sector of a failure to meet the 

required monthly or annual thresholds 

and the sector’s vessels prohibition or 

probation status consistent with the 

provisions in paragraphs 

(e)(1)(viii)(C)(1) through (5) of this 

section. The Regional Administrator 

shall also make administrative 

amendments to the approved sector 

operations plan and issue sector vessel 

letters of authorization consistent with 

the provisions in paragraphs 

(e)(1)(viii)(C)(1) through (5) of this 

section. These administrative 

amendments may be made during a 

fishing year or during the sector 

operations plan and sector contract 

approval process. 

(7) A sector may request in writing 

that the Regional Administrator review 

and reverse a determination made under 

the provisions of this section within 30 

days of the date of the Regional 

Administrator’s determination. Any 

such request must be based on 

information showing the sector 

complied with the required thresholds, 

including, but not limited to, landing, 

discard, observer or electronic 

monitoring records. The Regional 

Administrator will review and maintain 

or reverse the determination and notify 

the sector of this decision in writing. 

Any determination resulting from a 

review conducted under this provision 

is final and may not be reviewed 

further. 

(ix) Program review. The Council will 

review the Redfish Exemption Program 

after the first peer-reviewed redfish 

stock assessment following 

implementation of the program. The 

Council will prepare a report, which 

may include, but is not limited to, an 

evaluation of threshold performance, 

vessel-level performance, bycatch of 

non-redfish stocks, and changes in catch 

selectivity, and will consider the goals 

and objectives of the Redfish Exemption 

Program and the FMP, The Council may 

decide, as needed, to conduct additional 

reviews following the review outlined 

in this section. 

(2) [Reserved] 

* * * * * 

■ 4. Amend § 648.87 by revising 

paragraphs (c)(2)(ii)(B) through (D) and 

adding paragraph (c)(2)(ii)(E) to read as 

follows: 

§ 648.87 Sector allocation. 

* * * * * 

(c) * * * 

(2) * * * 

(ii) * * * 

(B) The GOM Cod Protection Closures 

IV and V specified in § 648.81(d)(4)(iv) 

and (v); 

(C) NE multispecies DAS restrictions 

other than those required to comply 

with effort controls in other fisheries, as 

specified in §§ 648.92 and 648.322; 

(D) The minimum codend mesh size 

restrictions for trawl gear specified in 

§ 648.80(a)(4)(i) when using a haddock 

separator trawl defined in 

§ 648.85(a)(3)(iii) or the Ruhle trawl 

defined in § 648.85(b)(6)(iv)(J)(3) within 

the GB RMA, as defined in 

§ 648.80(a)(2), provided sector vessels 

use a codend with 6-inch (15.2-cm) 

minimum mesh; and 

(E) The minimum codend mesh size 

restrictions for trawl gear specified in 

§ 648.80(a)(3)(i) or (a)(4)(i) when fishing 

in compliance with the provisions of the 

Redfish Exemption Program defined in 

§ 648.85(e)(1). 

* * * * * 

[FR Doc. 2021–13410 Filed 6–23–21; 8:45 am] 

BILLING CODE 3510–22–P 


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