Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations 40353 

F. Steps Taken To Minimize the 

Significant Economic Impact on Small 

Entities, and Significant Alternatives 

Considered 

76. The RFA requires an agency to 

describe any significant, specifically 

small business, alternatives that it has 

considered in reaching its proposed 

approach, which may include the 

following four alternatives (among 

others): ‘‘(1) the establishment of 

differing compliance or reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance and reporting requirements 

under the rules for such small entities; 

(3) the use of performance rather than 

design standards; and (4) an exemption 

from coverage of the rule, or any part 

thereof, for such small entities.’’ 

77. The Commission’s rate caps 

differentiate between prisons, larger 

jails, and jails with average daily 

populations below 1,000 to account for 

differences in costs incurred by 

providers servicing these different 

facility types. The Commission adopts 

new interim interstate provider-related 

rate caps for prisons and larger jails and 

for collect calls from jails with average 

daily populations below 1,000. The 

Commission believes these actions 

properly recognize that, in comparison 

to prisons and larger jails, jails with 

average daily populations below 1,000 

may be relatively high-cost facilities for 

providers to serve. The Commission also 

adopts rate caps for international calls 

originating from facilities of any size. 

78. The Commission adopts new 

interim interstate facility-related rate 

components for prisons and larger jails 

to allow providers to recover portions of 

site commission payments estimated to 

be directly related to the provision of 

inmate calling services and to separately 

list these charges on consumers’ bills. 

Providers must determine whether a site 

commission payment is either (1) 

mandated pursuant to state statute, or 

law or regulation and adopted pursuant 

to state administrative procedure 

statutes where there is notice and an 

opportunity for public comment that 

operates independently of the 

contracting process between 

correctional institutions and providers 

(Legally Mandated facility rate 

component), or (2) results from 

contractual obligations reflecting 

negotiations between providers and 

correctional facilities arising from the 

bidding and subsequent contracting 

process (the Contractually Prescribed 

facility rate component). For Legally 

Mandated site commission payments, 

providers may pass these payments 

through to consumers without any 

markup, as an additional component of 

the new interim interstate per-minute 

rate cap. For Contractually Prescribed 

site commission payments, providers 

may recover an amount up to $0.02 per 

minute to account for these costs. To 

promote increased transparency, the 

Third Report and Order requires 

providers to clearly label a Legally 

Mandated or Contractually Prescribed 

facility rate component, as applicable, 

in the rates and charges portion of a 

consumer’s bill, including disclosing 

the source of such provider’s obligation 

to pay that facility-related rate 

component. 

79. The Commission recognizes that it 

cannot foreclose the possibility that in 

certain limited instances, the interim 

rate caps may not be sufficient for 

certain providers to recover their costs 

of providing interstate and international 

inmate calling services. To minimize the 

burden on providers, the Commission 

adopts a waiver process that allows 

providers to seek relief from its rules at 

the facility or contract level if they can 

demonstrate that they are unable to 

recover their legitimate inmate calling 

services-related costs at that facility or 

for that contract. The Commission will 

review submitted waivers and 

potentially raise each applicable rate 

cap to a level that enables the provider 

to recover the costs of providing inmate 

calling services at that facility. This 

waiver opportunity should benefit any 

inmate calling services providers that 

may be small businesses and that are 

unable to recover their interstate and 

international costs under the new 

interim rate caps. 

G. Report to Congress 

80. The Commission will send a copy 

of the Third Report and Order and 

Order on Reconsideration, including 

this Supplemental FRFA, in a report to 

be sent to Congress pursuant to the 

Small Business Regulatory Enforcement 

Fairness Act of 1996. In addition, the 

Commission will send a copy of the 

Order on Reconsideration, including 

this Supplemental FRFA, to the Chief 

Counsel for Advocacy of the Small 

Business Administration. A copy of the 

Order on Reconsideration, and 

Supplemental FRFA (or summaries 

thereof) will also be published in the 

Federal Register. 

VII. Ordering Clauses 

81. Accordingly, it is ordered that, 

pursuant to the authority contained in 

sections 1, 2, 4(i)–(j), 201(b), 218, 220, 

225, 255, 276, 403, and 716 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, 154(i)–(j), 

201(b), 218, 220, 225, 255, 276, 403, and 

617, this Order on Reconsideration is 

adopted. 

82. It is further ordered that, pursuant 

to the authority contained in sections 1, 

2, 4(i)–(j), 201(b), 218, 220, 225, 255, 

276, 403, and 716 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 152, 154(i)–(j), 

201(b), 218, 220, 225, 255, 276, 403, and 

617, the Petition for Reconsideration, 

filed November 23, 2020, by Global 

Tel*Link Corp. is denied in full and 

dismissed in part as described herein. 

83. It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Order on Reconsideration, 

including the Supplemental Final 

Regulatory Flexibility Analyses, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Marlene Dortch, 

Secretary. 

[FR Doc. 2021–14729 Filed 7–27–21; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 210723–0150] 

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: Final rule. 

SUMMARY: This action approves and 

implements Framework Adjustment 61 

to the Northeast Multispecies Fishery 

Management Plan. This rule revises the 

status determination criteria for Georges 

Bank and Southern New England-Mid 

Atlantic winter flounder, implements a 

revised rebuilding plan for white hake, 

sets or adjusts catch limits for 17 of the 

20 multispecies (groundfish) stocks, and 

implements a universal exemption for 

sectors to target Acadian redfish. This 

action is necessary to respond to 

updated scientific information and to 


khammond on DSKJM1Z7X2PROD with RULES
40354 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations 

achieve the goals and objectives of the 

fishery management plan. The final 

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: Effective July 27, 2021. 

ADDRESSES: Copies of Framework 

Adjustment 61, including the 

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 Approved 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) 

7. Comments and Responses on Measures 

Proposed in the Framework 61 Proposed 

Rule 

8. Changes From the Proposed Rule 

1. Summary of Approved Measures 

This action approves the management 

measures in Framework Adjustment 61 

to the Northeast Multispecies Fishery 

Management Plan (FMP). The measures 

implemented in this final rule: 

• 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 Fisheries Science 

Center conducted management track 

stock assessment updates in 2020 for 

nine groundfish stocks. This action 

revises SDCs for GB and SNE/MA 

winter flounder, and provides 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 revisions to the SDCs for 

GB and SNE/MA winter flounder, and 

Table 2 provides the resulting numerical 

estimates of the SDCs. While the 

numeric estimates are updated based on 

the revision to the SDCs, we are not 

changing the stock statuses for both 

stocks as a result of this update. We 

provided an explanation of the basis for 

the revision to the SDCs in the proposed 

rule (86 FR 33191, June 24, 2021), and 

it is not repeated here. 

TABLE 1—STATUS DETERMINATION CRITERIA

Stock Biomass target 

(SSBMSY or proxy) 

Minimum biomass 

threshold 

Maximum fishing mortality threshold 

(FMSY or proxy) 

GB Winter Flounder: 

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

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

SNE/MA Winter Flounder: 

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

Revised 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 previous SDC ..................................................................... VPA ............................ 7,394 0.358 2,612 

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

SNE/MA Winter Flounder: 

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

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

VPA = virtual population analysis; ASAP = age-structured assessment program. 

3. Rebuilding Plan for White Hake 

Framework 61 revises the rebuilding 

plan for white hake, which we more 

fully described in the proposed rule and 

Appendix III of the Framework 61 

Environmental Assessment (EA; see 

ADDRESSES for information on how to 

get this document). The approved 

rebuilding plan for white hake sets the 

fishing mortality (F) rate that is required 

to rebuild the stock (Frebuild) at 70 

percent of the fishing mortality rate 

associated with maximum sustainable 

yield (FMSY) with an 87-percent 

probability of achieving the biomass 

associated with maximum sustainable 

yield (BMSY) by 2031, the end of the 

rebuilding plan. As explained in more 

detail in Appendix III of the EA, the 

approved rebuilding plan accounts for 

the white hake’s stock status, the needs 

of fishing communities, and the 

interaction of white hake with other 

multispecies in the groundfish fishery. 


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Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations 40355 

4. Fishing Year 2021 Shared U.S./ 

Canada Quotas 

Management of Transboundary Georges 

Bank Stocks 

As described in the proposed rule, 

eastern GB cod, eastern GB haddock, 

and GB yellowtail flounder are jointly 

managed with Canada under the United 

States/Canada Resource Sharing 

Understanding. This action adopts 

shared U.S./Canada quotas for these 

stocks for fishing year 2021 based on 

2020 assessments and the 

recommendations of the Transboundary 

Management Guidance Committee 

(TMGC) and consistent with the 

Council’s Scientific and Statistical 

Committee (SSC) recommendations. The 

2021 shared U.S./Canada quotas, and 

each country’s allocation, are listed in 

Table 3. Detailed summaries of the 

assessments can be found at: https://

www.fisheries.noaa.gov/new-englandmid-atlantic/international-affairs/ 

population-dynamics-internationalcollaboration. 

TABLE 3—2021 FISHING YEAR U.S./CANADA QUOTAS AND PERCENT OF QUOTA ALLOCATED TO EACH COUNTRY

[mt, live weight] 

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 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. Based on 

preliminary data through June 22, 2021, 

the U.S. fishery did not exceed its 2020 

fishing year quota for any of the shared 

stocks. However, if final catch 

accounting 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 an 

adjustment action, as soon as possible in 

the 2021 fishing year. 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 Catch Limits 

This rule replaces default 

specifications as discussed in detail in 

the proposed rule and adopts 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 includes minor 

adjustments for seven of these stocks for 

fishing years 2021–2022. The catch 

limits implemented in this action, 

including overfishing limits (OFL), 

acceptable biological catches (ABC), and 

annual catch limits (ACL), are listed in 

Tables 4 through 12. A summary of how 

these catch limits were developed, 

including the distribution to the various 

fishery components, was provided in 

the proposed rule and in Appendix II 

(Calculation of Northeast Multispecies 

Annual Catch Limits, FY 2021–FY 2023) 

to the EA, and is not repeated here. The 

sector and common pool sub-ACLs 

implemented in this action are based on 

fishing year 2021 potential sector 

contributions (PSC) and final fishing 

year 2021 sector rosters. 

TABLE 4—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 ........................ ........................

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 


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TABLE 4—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 

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. 

TABLE 5—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 

Small-mesh 

fisheries 

State 

waters subcomponent 

Other subcomponent 

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 6—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 

Small-mesh 

fisheries 

State 

waters subcomponent 

Other subcomponent 

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 

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 


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TABLE 6—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 

Small-mesh 

fisheries 

State 

waters subcomponent 

Other subcomponent 

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

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 7—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 

Small-mesh 

fisheries 

State 

waters subcomponent 

Other subcomponent 

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 approves allocations for GB yellowtail flounder for fishing years 2021 and 2022 only. 

TABLE 8—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 .................... .................... ....................

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


khammond on DSKJM1Z7X2PROD with RULES
40358 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations 

TABLE 8—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 

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 9—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 10—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 11—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 12—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 ................ ................ ................ ................

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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations 40359 

Sector Annual Catch Entitlements (ACE) 

At the start of the 2021 fishing year, 

we allocated stocks to each sector, based 

on the catch limits set by prior 

frameworks. This rule updates the ACE 

allocated to sectors based on the catch 

limits approved in Framework 61, 

fishing year 2021 PSC, and final fishing 

year 2021 sector rosters. We calculate a 

sector’s allocation for each stock by 

summing its members’ PSC for the stock 

and then multiplying that total 

percentage by the commercial sub-ACL 

for that stock. The process for allocating 

ACE to sectors is further described in 

the final rule allocating ACE to sectors 

for fishing year 2021 (86 FR 22898; 

April 30, 2021) and is not repeated here. 

Table 13 shows the cumulative PSC by 

stock for each sector for fishing year 

2021. Tables 14 and 15 show the ACEs 

allocated to each sector for fishing year 

2021, in pounds and metric tons, 

respectively. We have included the 

common pool sub-ACLs in tables 13 

through 15 for comparison. 

BILLING CODE 3510–22–P 


khammond on DSKJM1Z7X2PROD with RULES

ER28JY21.022</GPH>khammond on DSKJM1Z7X2PROD with RULES

Table 13 -- Cumulative PSC (percentage) each sector is receiving by stock for fishing year 2021 

"' 

e • -5 ] "' I . $ I,, .i I,, 

.,, it :. 6 .Ii . . .,, B .§ .,, . ii iH! 

z B B ~§ ~: -i i j El i1 :. i .; . :. 6 

8 ;,, = 8 i .. ~s 

El "'.: 8.: !;]'" "' c.:, c.:, z "' "' 

Fixed Gear Sector 66 12.91201525 0.69970954 1.96267839 0.18099559 0.01093447 0.19005237 1.70866378 0.50303247 1.09848991 0.02003390 8.02535090 1.02747169 

Maine Coast 100 2.46465820 14.32831077 3.41760008 11.09853612 2.62555258 2.56811874 4.98632158 13.90683769 11.13417790 1.20530346 5.56725060 2.00900077 

Community Sector 

Maine Permit Bank 11 0.13361161 1.15527371 0.04432773 1.12456784 0.01377701 0.03180705 0.31794656 1.16407704 0.72688466 0.00021715 0.42663133 0.01789123 

Mooncusser Sector 48 11.95940509 6.22441724 3.83051665 3.68870155 1.22307304 0.85547320 3.01233271 0.85789918 1.81231812 0.94550207 2.84735133 2.44445581 

NEFS2 127 6.50377730 26.60642444 10.68672011 22.23639211 1.90722660 1.65680176 25.06542516 11.18795860 14.64245378 3.21713432 24.52914050 4.17525707 NEFS4 58 7.40278746 11.14715279 5.81741902 8.87488520 2.16178984 2.26424835 6.38868785 9.51519683 8.85678156 0.69256896 7.43025795 0.99122070 NEFS5 22 0.47171697 0.32173996 0.58091379 0.11414072 1.05907256 18.39722054 0.94737902 0.46136022 0.65508997 0.31546201 0.84237741 11.30626214 NEFS6 23 3.11400760 2.92154892 3.58633261 4.39667574 3.30346794 5.11479613 4.18474608 4.55131759 6.00691065 1.72190154 4.75208259 1.90633969 NEFS7 7 0.46305698 0.02291312 0.39735538 0.01682579 1.30011492 1.03798542 0.05122608 0.25069186 0.25401118 0.30163925 0.05425034 0.18875853 

NEFS8 52 9.74740165 2.36155604 9.19478219 5.08770917 22.13250390 7.55578310 6.88682924 7.61264285 6.36103710 29.74215982 3.95221384 10.21118534 

NEFS 10 29 0.52585353 2.47139968 0.17673209 1.28210628 0.00114846 0.54787117 4.28071114 1.08110214 2.04602336 0.01083157 9.10605344 0.60104219 

NEFS 11 43 0.39631081 l 1.55197634 0.03469810 2.78851224 0.00148374 0.01147434 2.43786953 1.58857268 1.60337452 0.00305958 2.04949811 0.02122336 

NEFS 12 22 0.62936609 3.13340099 0.09375956 1.08960389 0.00042969 0.03423699 8.58774919 0.79724602 0.62375273 0.00060545 13.19945544 0.25920606 NEFS 13 70 12.65390016 0.80182096 21.35179272 0.97739231 36.32284531 23.98638456 7.00125506 8.74395988 9.65967443 19.43367782 2.32792940 17.66348486 

New Hampshire 4 0.00082216 1.14551884 0.00003406 0.03234889 0.00002026 0.00001788 0.02180780 0.02847787 0.00615970 0.00000324 0.06070545 0.00003630 

Permit Bank 

Sustainable Harvest 30 5.57899029 2.98581817 7.55457484 9.03142800 3.19074027 1.07671984 2.83579743 11.36677073 9.28674073 7.82278738 2.56491779 3.04430302 

Sector I 

Sustainable Harvest 28 3.67707499 1.67621458 1.80758272 1.49630004 5.08889227 4.55761667 5.67454721 2.88513497 2.46063067 8.67082704 4.21283994 8.32194044 

Sector2 

Sustainable Harvest 58 16.98068153 7.39596460 26.16564167 23.97370662 11.63547821 7.10548269 9.62314826 20.13175298 19.41125647 17.60739462 3.10048367 21.67414282 

Sector 3 

Common Pool 511 4.38456235 3.04883932 3.29653828 2.50917190 8.02144893 23.00790920 5.98755633 3.36596842 3.35423255 8.28889083 4.95120998 14.13677799 

Sector Total 798 95.62 96.95 96.70 97.49 91.98 76.99 94.01 96.63 96.65 91.71 95.05 85.86 

ER28JY21.023</GPH>khammond on DSKJM1Z7X2PROD with RULES

Table 14 -- ACE (in 1,000 lb), by stock, for each sector for fishing year 2021 #A 

= I ; "' ll ll "" .i - 0 0 0 it :;I"' "" "" i"' u = " .et -= "" "" 8ii ·i = ~" ~-ll " "" "" 0 " 0"" £ .s "Cl -g Sector Name 0 ,: = :;I "" ill~ = = = : il "" =a 0 "" " = u :§lg :;I s 1 u u 8 " :;I ><.Si = 0 i;; .Si es es = es 0 ~f", 00 fi: u fi: iJ f", 8ii: f", 

es iJ iJ 00 

Fixed Gear Sector 54 257 4 281 3,035 41 0 0 26 30 32 0 50 7 122 48 1,395 

Maine Coast 10 49 85 489 5,284 2,516 4 I 76 822 323 15 34 13 2,074 637 5,501 Community Sector 

Maine Permit Bank I 3 7 6 69 255 0 0 5 69 21 0 3 0 175 74 693 

Mooncusser Sector 50 238 37 548 5,923 836 2 0 46 51 53 12 18 16 1,012 475 4,305 

NEFS2 27 129 159 1,528 16,524 5,040 3 I 382 662 425 40 152 27 3,242 400 5,945 NEFS4 31 147 66 832 8,995 2,012 3 I 97 563 257 9 46 6 1,424 368 2,807 NEFS5 2 9 2 83 898 26 I 6 14 27 19 4 5 72 4 4 16 NEFS6 13 62 17 513 5,545 997 5 2 64 269 174 21 29 12 1,453 201 1,499 NEFS7 2 9 0 57 614 4 2 0 I 15 7 4 0 I 34 4 74 NEFS8 41 194 14 1,315 14,217 1,153 31 3 105 450 185 369 24 65 1,134 200 1,637 

NEFS 10 2 10 15 25 273 291 0 0 65 64 59 0 56 4 71 29 312 

NEFS 11 2 8 69 5 54 632 0 0 37 94 47 0 13 0 401 192 3,587 

NEFS 12 3 13 19 13 145 247 0 0 131 47 18 0 82 2 49 13 318 

NEFS 13 53 252 5 3,053 33,015 222 51 8 107 517 281 241 14 112 946 101 1,107 

New Hampshire 0 0 7 0 0 7 0 0 0 2 0 0 0 0 4 4 46 Permit Bank 

Sustainable Harvest 23 Ill 18 1,080 11,681 2,047 4 0 43 672 270 97 16 19 1,761 565 2,643 Sector 1 

Sustainable Harvest 15 73 10 258 2,795 339 7 2 87 171 71 108 26 53 242 85 523 Sector 2 

Sustainable Harvest 71 338 44 3,741 40,458 5,434 16 2 147 1,190 564 219 19 138 6,879 999 8,059 Sector 3 

Common Pool 

18 87 18 471 5 097 569 11 8 91 199 97 103 31 90 307 55 426 

Sector Total 

402 1903 578 13 828 149 527 22 097 129 26 I 434 5 714 2 807 I 139 589 545 21 026 4 396 40467 

# Numbers are rounded to the nearest thousand pounds. In some cases, this table shows an allocation of 0, but that sector may be allocated a sm

hundreds pounds. 

/\ The data in the table represent the total allocations to each sector. 

ER28JY21.024</GPH>khammond on DSKJM1Z7X2PROD with RULES

Table 15 -- ACE (in metric tons), by stock, for each sector for fishing year 2021 #A 

I "' t t 'O " :;I"' 'O 0 'O it ~"' = .St i -t -= a,l u :g -= 'O 'O " 8ii -~ = 'O 'O 'O " " 0 'O ~ig ~§ ~ii Sector Name 0 0 .!i 'O ,: = :;I "" =~ = = = .e : 'O 1 u u = u :§lg :;I is 8 = a,l :;I ;;. .Si = 0 .: i = .Si €5 €5 €5 00 fi: u fi: 8ri: "' €5 0 ="" \!)"" \!) \!) 

Fixed Gear Sector 25 117 2 127 1,377 19 0 0 12 13 14 0 23 3 55 22 633 

Maine Coast 5 22 39 222 2,397 1,141 2 0 35 373 147 7 16 6 941 289 2,495 Community Sector 

Maine Permit Bank 0 1 3 3 31 116 0 0 2 31 10 0 1 0 80 33 314 

Mooncusser Sector 23 108 17 248 2,687 379 1 0 21 23 24 5 8 7 459 215 1,953 

NEFS2 12 59 72 693 7,495 2,286 1 0 173 300 193 18 69 12 1,471 181 2,697 NEFS4 14 67 30 377 4,080 912 1 0 44 255 117 4 21 3 646 167 1,273 

NEFS 5 1 4 1 38 407 12 1 3 7 12 9 2 2 33 2 2 7 

NEFS6 6 28 8 233 2,515 452 2 1 29 122 79 10 13 5 659 91 680 NEFS7 1 4 0 26 279 2 1 0 0 7 3 2 0 1 15 2 34 

NEFS 8 19 88 6 596 6,449 523 14 1 48 204 84 168 11 29 514 91 743 

NEFS 10 1 5 7 11 124 132 0 0 30 29 27 0 26 2 32 13 142 

NEFS 11 1 4 31 2 24 287 0 0 17 43 21 0 6 0 182 87 1,627 

NEFS 12 1 6 8 6 66 112 0 0 59 21 8 0 37 1 22 6 144 

NEFS 13 24 114 2 1,385 14,975 100 23 4 48 235 127 109 7 51 429 46 502 

New Hampshire 0 0 3 0 0 3 0 0 0 1 0 0 0 0 2 2 21 Permit Bank 

Sustainable Harvest 11 50 8 490 5,298 929 2 0 20 305 122 44 7 9 799 256 1,199 Sector 1 Sustainable Harvest 7 33 5 117 1,268 154 3 1 39 77 32 49 12 24 110 38 237 Sector 2 Sustainable Harvest 32 153 20 1,697 18,352 2,465 7 1 67 540 256 99 9 62 3,120 453 3,655 Sector 3 

Common Pool 8 40 8 214 2,312 258 5 4 41 90 44 47 14 41 139 25 193 

Sector Total 182 863 262 6,272 67,824 10,023 59 12 651 2,592 1,273 517 267 247 9,537 1,994 18,355 

# Numbers are rounded to the nearest metric ton, but allocations are made in pounds. In some cases, this table shows a sector allocation of O m

allocated a small amount of that stock in pounds. 

/\ The data in the table represent the total allocations to each sector. 
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations 40363 

6. Universal Sector Exemption for 

Acadian Redfish 

This rule approves and implements a 

new universal sector exemption that 

allows sector vessels to target redfish 

within a defined area using a 5.5-inch 

(14.0-centimeter (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. As 

part of this rule, we are also eliminating 

the current sector exemption for redfish, 

to prevent conflict and confusion 

between two very similar exemptions, 

consistent with the Council’s intent to 

replace the current redfish sector 

exemption with a new universal redfish 

exemption for sectors. 

The approved universal sector 

exemption expands the current redfish 

exemption area (Figure 1), creates two 

seasonal closures of the redfish 

exemption area, adds a 55-percent or 

greater annual redfish catch threshold, 

modifies the existing monthly catch and 

discard thresholds, and creates 

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 remain the 

same as the annually approved redfish 

exemption; however, those 

requirements are codified in regulation 

rather than detailed in sector operations 

plans. A complete description of the 

universal exemption is described in the 

proposed rule, and is not repeated here. 

The universal redfish exemption, 

instead of an annual sector exemption, 

is intended to increase stability for 

fishery participants and to improve 

Council oversight of the redfish fishery. 

BILLING CODE 3510–22–C 

7. Comments and Responses on 

Measures Proposed in the Framework 

61 Proposed Rule 

We received comments on the 

Framework 61 proposed rule from 

Sustainable Harvest Sector (SHS), 

Northeast Sector Service Network 

(NESSN), Associated Fisheries of Maine 

(AFM), Conservation Law Foundation 

(CLF), and the New England Fishery 

Management Council. Only comments 

that were applicable to the proposed 

measures are addressed below. 

General Comments on Framework 61 

Comment 1: NESSN commented in 

support of NMFS waiving the cooling 

off period in order to ensure the fishery 

can continue to operate seamlessly 

between the default specifications and 

the implementation of this action. AFM 

also urged swift approval of the 


khammond on DSKJM1Z7X2PROD with RULESER28JY21.025</GPH>

Legend 

c::J ReclflSh Exemption Area 

- Reclfish Exemption Area Cod Closure 

1111 Reclflsh Exemption Area Seasonal Closure II 

~ Eastern u.s.rcanada Management Area 

~ Western U.S./Canacla Management Area 

0 Stalisli~IAreas 

----· 50 fathom Bathymetry 

Groundf1Sh Closure Areas 

- Habitat Management Areas 

--Exclusiw EconoO'lic Zone {EEZ)' (200 nm() 

Figure 1- Universal Redfish Exemption Area 
40364 Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations 

framework to prevent a disruption to the 

fishery due to the expiration of default 

specifications on July 31. 

Response 1: We agree. For the reasons 

discussed in the Classification section of 

this final rule, the Assistant 

Administrator for Fisheries finds that 

there is good cause to waive the 30-day 

delayed effectiveness of this action. 

Catch Limits for Fishing Years 2021– 

2023 

Comment 2: CLF commented that 

NMFS should disapprove the catch 

limits for GOM cod and GB cod as 

proposed in Framework 61, because 

they will not rebuild the stocks. 

Additionally, CLF urged NMFS to take 

emergency action to implement interim 

measures for GOM cod. 

Response 2: The OFLs and ABCs for 

GOM cod and GB cod were set by 

Framework 59, which was approved on 

July 28, 2020, and are not subject to 

approval or disapproval in this action. 

The changes to the specifications for all 

groundfish stocks were summarized in 

Table 4 of the proposed rule. For GOM 

cod, the only change under 

consideration in Framework 61 is an 

adjustment to the sub-components, 

which results in a change only to the 

sub-ACLs for the stock. For GB cod, 

Framework 61 is adjusting the subcomponents, as well as setting a new 

U.S. ABC, but the total ABC and ACL 

are unchanged and were not subject to 

change in this action. The new U.S. 

ABC is due to a small decrease in the 

eastern GB cod TAC and a slight 

increase in the portion of this shared 

U.S./Canada quota that is allocated to 

the United States, consistent with the 

TMGC recommendations. To disapprove 

the changes as proposed in Framework 

61 would mean the continuation of the 

sub-ACLs and sub-components, and of 

the U.S. ABC for GB cod, as set by 

Framework 59. Because the sub-ACLs 

and sub-components are adjusted based 

on the most recent catch data for state 

and other fisheries (see Appendix II of 

the EA for a full description of this 

process), disapproval of the proposed 

changes would result in specifications 

based on outdated information. 

Disapproval of the U.S. ABC for GB cod 

would go against the recommendations 

of the TMGC. Therefore, we are 

approving the proposed changes to the 

specifications of GOM cod and GB cod, 

which are based on the best scientific 

information available and consistent 

with National Standard 2. A request for 

emergency action would be considered 

separate from the Council’s 

recommended measures in this action, 

and we are therefore not addressing it 

here. 

Universal Sector Exemption for Acadian 

Redfish 

Comment 3: SHS, NESSN, and AFM 

support the universal sector exemption 

for redfish. AFM cited an increase in the 

spring survey index for redfish between 

2019 and 2021. 

Response 3: We agree. For the reasons 

discussed in the preamble, we have 

approved the universal sector 

exemption for redfish as proposed. Data 

from the spring 2021 survey will be 

considered in the next stock assessment 

for redfish, which will be used to help 

evaluate the stock status and the 

performance and appropriateness of this 

universal exemption. 

Comment 4: SHS and NESSN 

identified a typographical error in the 

regulatory text. In Table 14 to Paragraph 

(e)(1)(ii), the latitude of point H should 

be 42°00′ N, not 42°20′ N. 

Response 4: We have corrected the 

coordinate in the final regulatory text as 

noted by SHS and NESSN. 

Comment 5: SHS requested 

clarification regarding the timing of 

when a vessel must submit the redfish 

exemption fishing notification. Under 

the previous redfish exemption, the 

notification must be submitted by a 

vessel once inside the redfish exempted 

area. SHS asked whether this was also 

required under the proposed universal 

sector exemption. 

Response 5: The commenter is correct 

that the previous redfish exemption 

required that vessels submit the 

notification once the vessel has entered 

the redfish exemption area, which is 

also the intent of the new universal 

redfish exemption. We have updated the 

regulatory text to make it clear that 

vessels must enter the redfish 

exemption area before sending the 

notification. 

Comment 6: The New England 

Council commented regarding the use of 

the term ‘‘Northeast multispecies,’’ 

rather than the term ‘‘regulated 

multispecies and ocean pout,’’ in the 

regulatory text. Specifically, the Council 

questioned which term was more 

appropriate in the paragraph at 

648.85(e)(1)(ii)(C), which states ‘‘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.’’ The Council 

expressed concern that this language 

could be misinterpreted to mean that 

the universal sector exemption for 

redfish could not be used in areas where 

fishing for silver, red, and offshore hake 

is not permitted, and therefore the use 

of this term would limit the redfish 

exemption to a smaller area than what 

was proposed by the Council in 

Framework 61. 

Response 6: We disagree that a change 

to the regulatory text is needed, but 

agree with the Council’s intent for the 

redfish exemption. The regulation that 

the Council cited is intended to prevent 

vessels from fishing in closed areas such 

as regulatory-defined seasonal and 

permanent closed areas. NMFS does not 

include regulatory references to such 

areas in the noted paragraph because 

doing so would be complex—there are 

several different sections and 

paragraphs where these closed areas are 

included in the regulations. The 

regulations very clearly distinguish 

between closed areas and areas where 

minimum mesh sizes and broad areabased restrictions on fishing apply. As 

such, NMFS does not agree with the 

Council’s concern that restrictions in 

the regulations on small-mesh fisheries 

represent ‘‘areas closed to Northeast 

multispecies fishing.’’ Vessels that fish 

for silver, red, and offshore hake are 

regulated by a series of exemptions to 

the Northeast Multispecies FMP. These 

exemptions allow vessels to be exempt 

from the minimum mesh size, provided 

the vessels operate in specific 

management areas and comply with 

seasonal closures and possession limits. 

However, harvest of these stocks is not 

limited to trips that fall under the smallmesh exemption. It would not be 

accurate to describe the areas outside 

the small-mesh exemption areas as 

being closed for silver, red, and offshore 

hake, but instead those areas are not 

open for use of small-mesh gear (unless 

otherwise exempted, such as through 

the universal sector exemption to target 

redfish). Therefore, we do not believe 

the broader term of ‘‘Northeast 

multispecies’’ limits the use of the 

universal sector exemption to areas that 

are open to the small-mesh exemption. 

Comment 7: CLF expressed concern 

about increased bycatch of GB cod in 

the universal exemption area relative to 

the 2020 sector exemption area and that 

there is an insufficient analysis of the 

impacts of the universal exemption on 

GB cod. Based on its concerns, CLF 

commented that NMFS should 

disapprove the universal exemption as 

proposed until it has fully analyzed its 

potential impact. 

Response 7: The Council conducted a 

thorough review of the proposed 

universal exemption relative to the 

smaller-sized exemption NMFS 

implemented through sector operations 

plans in fishing year 2020. The Council 

used the best available information for 

its consideration, which is reflected in 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 142 / Wednesday, July 28, 2021 / Rules and Regulations 40365 

the EA and appendices for Framework 

61 (see ADDRESSES). Based on the 

available information, the impacts on 

groundfish species other than redfish 

resulting from the proposed universal 

exemption could be slightly negative 

compared to the current sector 

exemption. We expect GB cod catch in 

the universal exemption area to be very 

low based on the analysis, although 

possibly slightly higher than catch from 

the 2020 exemption area. All GB cod 

catch will still be attributed towards a 

sector’s ACE and the total GB cod ACL. 

The analysis also notes a higher level of 

uncertainty with the annual sector 

exemption program (if NMFS were to 

disapprove the universal sector 

exemption in this action) as it could 

change from year to year and would use 

less restrictive performance measures to 

ensure targeting of redfish and reduced 

catch of other groundfish species. The 

universal exemption allows vessels to 

target the healthy redfish stock while 

maintaining controls to limit catch of 

other groundfish, including GB cod, to 

ensure that catch remains within the 

catch limits specified for each stock. 

NMFS has determined that the measure 

is consistent with the MagnusonStevens Act in part because it 

minimizes bycatch to the extent 

practicable while allowing opportunity 

to target a healthy groundfish stock. We 

therefore disagree that the measure 

should be disapproved. 

Comment 8: CLF commented that if 

NMFS approves the universal sector 

exemption, it should require the 

Council to review the exemption after 

the next GB cod stock assessment rather 

than after the next redfish stock 

assessment. CLF noted that this review 

is necessary to be responsive to the state 

of the GB cod stock and to ensure that 

the exemption is not interfering with the 

ability to prevent overfishing and 

rebuild GB cod. 

Response 8: We disagree that the 

redfish exemption should incorporate a 

review of the program following the 

next assessment of the GB cod stock 

rather than following the next redfish 

stock assessment. The review of the 

redfish exemption following the next 

redfish stock assessment will ensure 

that we are not allowing a directed 

fishery to target a stock with highly 

efficient gear if the stock is overfished 

or approaching an overfished condition, 

is experiencing overfishing, or is 

otherwise found to be in poor condition. 

We will evaluate the fishery based on 

performance standards and overall 

catch, including GB cod, on an ongoing 

basis through its monitoring of the 

fishery. Following assessments for all 

species and stocks, the Council and 

NMFS must consider all sources of 

fishing mortality. If the redfish 

exemption is a source of fishing 

mortality that needs to be addressed, the 

Council will need to consider 

modifications of the redfish exemption 

and any other sources of unacceptable 

fishing. 

Comment 9: CLF commented that 

NMFS should require 100-percent at-sea 

monitoring on vessels taking redfish 

exemption trips to verify all catch— 

including discards. 

Response 9: We disagree that trips 

taken using the universal sector 

exemption require 100-percent at-sea 

monitoring in fishing year 2021. We 

have set the at-sea monitoring coverage 

level for sectors to monitor their catch 

on sector trips including redfish 

exemption trips. The fishing year 2021 

coverage level was set at the level that 

could be practicably achieved in 2021, 

while the Council continued work on 

Amendment 23. This coverage level 

provides data to monitor the sectors’ 

performance in the universal exemption 

for both catch accounting and for the 

sectors to manage participating vessel’s 

performance and catch. Amendment 23 

proposes to increase the at-sea 

monitoring coverage level to 100 

percent, and that action will undergo 

review and rulemaking beginning later 

this year. 

8. Changes From the Proposed Rule 

The proposed rule included sector 

and common pool sub-ACLs based on 

fishing year 2021 PSCs and final fishing 

year 2021 sector rosters, but did not 

include the PSCs and ACEs allocated to 

each sector. This rule includes this 

information at the sector level. 

In the proposed rule, the regulatory 

text for Table 14 to Paragraph (e)(1)(ii) 

defined the latitude of point H as 42°20′ 

N. The latitude of point H has been 

updated to correctly specify 42°00′ N. 

This rule makes a minor adjustment 

to the regulatory text of the reporting 

requirements for the universal redfish 

exemption to clarify that the redfish 

exemption fishing notification required 

prior to fishing under the new universal 

redfish exemption must be sent after a 

vessel has entered the redfish 

exemption area. 

Classification 

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

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that this final rule is consistent with the 

Northeast Multispecies FMP, other 

provisions of the Magnuson-Stevens 

Act, and other applicable law. 

This final rule has been determined to 

be not significant for purposes of 

Executive Order (E.O.) 12866. This final 

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 Assistant Administrator for 

Fisheries finds that there is good cause 

under 5 U.S.C. 553(d)(3) to waive the 

30-day delayed effectiveness of this 

action. This action relies on the best 

available science to set 2021 catch limits 

for groundfish stocks and adopts several 

other measures to improve the 

management of the groundfish fishery. 

This final rule must be in effect by 

August 1, 2021, to capture fully the 

conservation and economic benefits of 

Framework 61 and avoid adverse 

economic impacts. 

The development of Framework 61 

began in June 2020. In October 2020, the 

Council voted to revise the Council’s 

2020 priorities and include a universal 

sector exemption for targeting redfish in 

the Framework 61 measures. While the 

Council took final action on the other 

Framework 61 measures on December 2, 

2020, it did not take final action on the 

universal sector exemption until 

January 26, 2021. The groundfish 

fishing year began on May 1, 2021, and 

the framework was not formally 

submitted to NMFS until June 14, 2021. 

Given the timing of the Council process, 

the earliest we were able to publish a 

proposed rule for Framework 61 was on 

June 24, 2021. 

A delay in implementation of this rule 

increases negative economic effects for 

regulated entities. Five stocks (redfish, 

Gulf of Maine winter flounder, Southern 

New England winter flounder, ocean 

pout, and wolffish), as well as the 

eastern portions of the GB cod and 

haddock stocks, which are jointly 

managed with Canada, did not have 

2021 quotas set by a previous 

framework. A separate action 

implemented a default quota (35 percent 

of the 2020 quota) for these stocks that 

will be in effect only through July 31, 

2021, and will significantly constrain 

fishing unless Framework 61 is 

implemented before that date. After July 

31, the default quotas expire, at which 

point vessels would be prohibited from 

fishing in the waters of the Northeast 

until Framework 61 is effective. The 

default quotas are especially 

constraining the fishery in the Eastern 

U.S./Canada Area. The majority of 

fishing in that region occurs during 

summer primarily due to the seasonal 

geographic distribution of the stocks. 

Providing timely access to these stocks 

is also a potential safety issue. Vessels 

fish in the summer in the Eastern U.S./ 

Canada Area (approximately 150–200 

miles offshore) to avoid extremely 


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dangerous weather in the winter, spring, 

and fall. 

The 30-day delay in implementation 

for this rule is unnecessary because this 

rule contains no new measures (e.g., 

requiring new nets or equipment) for 

which regulated entities need time to 

prepare or revise their current practices. 

Fishermen who are subject to this action 

expect and need timely implementation 

to avoid adverse economic impacts. 

This action is similar to the process 

used to set quotas every 1–2 years, 

approves all items as proposed, and 

contains only quotas and minor 

adjustments to the management plan 

that were discussed at multiple noticed 

meetings where the public was provided 

opportunity to learn about the action, 

ask questions, and provide input into 

the development of the measures. 

Affected parties and other interested 

parties participated in this public 

process to develop this action and 

expect implementation as close to the 

beginning of the fishing year on May 1 

as possible. In fact, we received a 

comment from the Northeast Sector 

Service Network urging the agency to 

waive the 30-day delay. While this 

action replaces the current annual sector 

exemption to target redfish with the 

universal sector redfish exemption, the 

universal sector exemption was 

developed in close collaboration with 

the industry. The additional operational 

flexibility and fishing opportunities that 

fishermen have become accustomed to 

and rely on remain in place under the 

universal sector exemption, without 

requiring changes to fishing practices. 

Overall, a delay in implementation of 

this action would greatly diminish the 

benefits of these specifications and 

other approved measures. For these 

reasons, a 30-day delay in the 

effectiveness of this rule is 

impracticable and contrary to the public 

interest. 

The Chief Counsel for Regulation of 

the Department of Commerce certified 

to the Chief Counsel for Advocacy of the 

Small Business Administration, during 

the proposed rule stage, that this action 

would not have a significant economic 

impact on a substantial number of small 

entities. The factual determination for 

this determination was published in the 

proposed rule and is not repeated here. 

No comments were received regarding 

this certification. As a result, a 

regulatory flexibility analysis was not 

required and none was prepared. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping, 

and reporting requirements. 

Dated: July 23, 2021. 

Carrie Robinson, 

Acting Deputy Assistant Administrator for 

Regulatory Programs, National Marine 

Fisheries Service. 

For the reasons stated in the 

preamble, 50 CFR part 648 is 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°00′ 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 


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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) 

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. After the vessel has entered 

the Redfish Exemption Area, the owner 

or operator of a vessel must submit a 

redfish exemption fishing notification 

before switching to a smaller mesh 

codend allowed under the Redfish 

Exemption Program. 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 


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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. 

(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. 2021–16070 Filed 7–27–21; 8:45 am] 

BILLING CODE 3510–22–P 


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