68396 Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Proposed Rules 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 140507412–4914–01] 

RIN 0648–BE22 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Groundfish Fishery; Framework 

Adjustment 52 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: Framework Adjustment 52 to 

the Northeast Multispecies Fishery 

Management Plan proposes two 

modifications to the windowpane 

flounder accountability measures. First, 

the size of the accountability measure 

gear restricted areas could be reduced if 

NMFS determines that improvements in 

windowpane flounder stock health 

occurred despite the catch limits being 

exceeded. Second, the duration of the 

accountability measure could be 

shortened if NMFS determines that an 

overage of the catch limit did not occur 

the previous fishing year. The proposed 

measures would allow NMFS to 

implement accountability measures 

based on more current survey and catch 

data. This proposed action is intended 

to increase fishing opportunities for the 

groundfish fishery while still preventing 

overfishing. 

DATES: Comments must be received by 

December 2, 2014. 

ADDRESSES: You may submit comments, 

identified by NOAA–NMFS–2014–0079, 

by any of the following methods: 

• Electronic submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal. Go to 

www.regulations.gov/

#!docketDetail;D=NOAA-NMFS-2014- 

0079, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

John K. Bullard, Regional 

Administrator, National Marine 

Fisheries Service, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope, ‘‘Comments on 

the Proposed Rule for Groundfish 

Framework Adjustment 52.’’ 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are 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. NMFS will 

accept anonymous comments (enter 

‘‘N/A’’ in the required fields if you wish 

to remain anonymous). Attachments to 

electronic comments will be accepted in 

Microsoft Word, Excel, or Adobe PDF 

file formats only. 

Copies of Framework 52, its 

Regulatory Impact Review (RIR), a draft 

of the environmental assessment (EA) 

prepared for this action, and the Initial 

Regulatory Flexibility Analysis (IRFA) 

prepared by the New England Fishery 

Management Council are available from 

Thomas A. Nies, Executive Director, 

New England Fishery Management 

Council, 50 Water Street, Mill 2, 

Newburyport, MA 01950. The IRFA 

assesses the impacts of the proposed 

measures on small entities, and 

describes steps taken to minimize any 

significant economic impact on these 

entities. A summary of the IRFA is 

included in the Classification section of 

this proposed rule. The Framework 52 

EA, RIR, and IRFA are also accessible 

via the Internet at www.nefmc.org/

nemulti/index.html or 

www.greateratlantic.fisheries.noaa.gov/

sustainable/species/multispecies/

index.html. 

FOR FURTHER INFORMATION CONTACT: 

William Whitmore, Fishery Policy 

Analyst, phone: 978–281–9182. 

SUPPLEMENTARY INFORMATION: 

Background 

Current Windowpane Flounder 

Accountability Measures 

Framework 47 to the Northeast (NE) 

Multispecies Fishery Management Plan 

(FMP) modified the accountability 

measures (AMs) for non-allocated stocks 

to ensure that sector vessels, as well as 

common pool vessels, were held 

accountable for catch overages (77 FR 

26104; May 2, 2012). The current AMs 

for windowpane flounder are small and/ 

or large year-round gear-restricted areas 

(Figure 1). The AMs are triggered when 

the total catch of windowpane flounder, 

in either the Northern or Southern stock 

area, exceeds the allowable limit. When 

these AMs are in effect, bottom-trawl 

vessels fishing in these areas are 

required to use selective trawl gear that 

reduces flatfish catch. Approved 

selective trawl gears include the 

haddock separator trawl, the Ruhle 

trawl, the rope trawl, and any other 

gears authorized by the Greater Atlantic 

Regional Administrator at the request of 

the New England Fishery Management 

Council. There are no restrictions on 

longline or gillnet gear because these 

gear types rarely catch flatfish. 

As currently used, the size of the AM 

gear-restricted area implemented 

following an overage depends on the 

degree to which the catch limit is 

exceeded (Figure 1). The size of the AM 

area is adjusted in correlation with the 

magnitude of the overage or its effects. 

For larger overages, a larger area is used. 

The larger area is intended to reduce 

catch of windowpane flounder to help 

correct for the overage and thereby also 

mitigate the effects of the overage on the 

stock. A smaller correction is required 

for smaller overages; therefore, a smaller 

AM area is applied. In specific 

application, the overage first has to be 

greater than the management 

uncertainty buffer (which is currently 5 

percent) for a windowpane flounder AM 

to be triggered. If the overage is greater 

than 5 and up to 20 percent of the 

overall annual catch limit, the small AM 

gear restricted area is triggered. If the 

overage is more than 20 percent of the 

overall annual catch limit, the large AM 

gear restricted area is triggered. The 

AMs for the groundfish fishery or any 

other fisheries are triggered only if the 

total catch limit for the stock is 

exceeded and the fishery specific catch 

limit is also exceeded. Because scallop 

vessels have a separate allocation of 

southern windowpane flounder, the 

groundfish southern New England AM 

gear restricted area is only triggered 

when both the groundfish-specific and 

total-stock catch limits are exceeded 

(Figure 2). Because the AMs are meant 

to restrict catch by common pool and 

sector vessels, sectors cannot request an 

exemption from an AM. More detailed 

information on Framework 47, 

including how windowpane flounder 

AMs are implemented, is available at 

http://www.greateratlantic.fisheries.

noaa.gov/nero/regs/frdoc/12/

12MulFW47FR.pdf. 

The final rule implementing 

Framework 48 (78 FR 26118, May 3, 

2013, see page 26124) included an 

allocation of southern windowpane 

flounder to the scallop fishery and some 

other non-groundfish fisheries starting 

in fishing year 2013. Allocating this 

stock to other fisheries will help ensure 

that other fisheries are held accountable 

for their catch in the future and that an 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Proposed Rules 68397 

overage by one of these fisheries would 

not negatively impact another. 

BILLING CODE 3510–22–P 


mstockstill on DSK4VPTVN1PROD with PROPOSALSEP17NO14.001</GPH>

Figure 1 Gear restricted AMs for windowpane flounder 

\ 

Northl!!rn Wlndowp;ilnll Flounder {NWF) 

Ac~CCU!Ittlib!lityMIIasure (AM) Ar~~aa 

South~~rn WindOwpane Flounder 

Aceountablflty Measure (AM) An~aa 
68398 Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Proposed Rules 

BILLING CODE 3510–22–C 

Windowpane Flounder Catch Limits 

Were Exceeded in Fishing Years 2012 

and 2013 

Table 1 details final catch information 

for fishing year 2012. The northern 

windowpane flounder catch limit was 

exceeded by 28 percent, while the 

southern windowpane flounder catch 

limit was exceeded by 36 percent. The 

fishing year 2012 final catch report can 

be found online at: http://www.nero.

noaa.gov/ro/fso/reports/Groundfish_

Catch_Accounting.htm. Although catch 

from non-groundfish fisheries 

contributed to the northern 

windowpane flounder overage, the AM 

applies solely to the groundfish fishery 

because none of these other fisheries 

received a northern windowpane 

flounder allocation in fishing year 2012. 

Because the fishing year 2012 overages 

(in this case, year 1) were not identified 

until fishing year 2013 (year 2), the large 

AM gear restricted areas in both 

Southern New England and on Georges 

Bank were implemented on May 1, 

2014, the beginning of the 2014 fishing 

year (year 3). 

Table 2 presents preliminary 2013 

catch estimates from March 19, 2014. 

Despite not having catch estimates for 

the sub-components from other nongroundfish fisheries, the commercial 

northern windowpane flounder catch 

estimate (227 mt), which we consider to 

be reliable data, exceeded the allowable 

biological catch (151 mt) by 50 percent. 

Thus, in addition to the 2014 triggered 

AM due to overages that occurred in 

fishing year 2012, the fishing year 2013 

overage also triggered the same 2014 

AM. Table 3 presents final fishing year 

2013 catch data for windowpane 

flounder. 

In order for the southern groundfish 

fishery AM gear restricted area to be 

triggered, the overall catch limit has to 

be exceeded, as well as groundfish 

fishery sub-annual catch limit (see 

Figure 2). Currently, catch data indicate 

that the groundfish fishery slightly 

exceeded its southern windowpane 

flounder catch limit, but it remains 

unclear if the overall southern 

windowpane flounder catch limit was 

exceeded. 

AMs From Framework 47 Result in 

Severe Economic Impacts 

Although we approved the 

windowpane flounder AMs in 

Framework 47, the accompanying 

environmental assessment estimated the 

economic costs from these AMs to be as 

much as $15 million. The 

environmental assessment did not 

foresee the full scope of the costs 

combined with other developments. 

Following substantial reductions in the 

2013 catch limits for many key 

groundfish stocks, groundfish vessels 

have become increasingly more reliant 

on some flatfish species, particularly 

winter flounder. When the windowpane 

flounder AMs were developed, 

Southern New England/Mid-Atlantic 

winter flounder was a non-allocated 

stock, and, therefore, revenue from 

winter flounder landings was not 

included in the estimated costs. As a 


mstockstill on DSK4VPTVN1PROD with PROPOSALSEP17NO14.002</GPH>
Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Proposed Rules 68399 

result, the windowpane flounder AMs 

we implemented for fishing year 2014 

are likely having an even greater 

economic impact on the fleet than 

anticipated in Framework 47 due to the 

loss of the opportunity to fish for winter 

flounder. At the request of some 

industry members, the Council agreed to 

review the windowpane flounder AMs 

in Framework 52 to see if they could be 

modified in a way that still corrects the 

overage and mitigates the effects of the 

overage but also reduces the economic 

costs to industry. 

Framework 52 

Framework 52 would modify the 

current AMs for southern and northern 

windowpane flounder by allowing 

NMFS to update survey and catch 

information to better determine the most 

appropriate AM in correlation to the 

conditions of the stock or whether the 

applicable catch limits were exceeded. 

This action proposes two alternatives 

that would reduce the scope of the 

northern or southern windowpane 

flounder AM in size or duration if: (1) 

The stock is rebuilt and it can be 

determined that there were 

improvements in windowpane flounder 

stock health; or (2) the fishery remains 

within its catch limits the year 

following an overage. These alternatives 

are not mutually exclusive and could be 

used within the same fishing year. The 

proposed measures are intended to help 

prevent overfishing and rebuild 

overfished stocks while reducing 

economic impacts, using the best 

scientific information available. 

Reducing the Size of the AM After 

Analyzing Recent Survey and Catch 

Data 

The first alternative proposes to 

reduce the scope of the AM gear 

restricted area from large to small if the 

stock is rebuilt and we can determine 

that the windowpane flounder ‘‘biomass 

criterion’’ is greater than the catch from 

the most recent fishing year. In this 

case, the biomass criterion is defined as 

the 3-year average of the three most 

recent fall scientific surveys multiplied 

by 75 percent of the Fmsy from the most 

recent stock assessment. Meeting or 

exceeding the biomass criterion 

indicates that overfishing was likely not 

occurring and that large AM areas could 

be reduced (i.e., the small AM is 

sufficient to correct and mitigate the 

effects of the overage because the 

consequences of the overage on the 

stock are likely less than previously 

assumed). Additional information on 

the biomass criterion can be found in 

Appendix 1 to the Framework 52 

environmental assessment. 

This change would incorporate a 

review of recent survey catch data and 

a comparison of the trends in survey 

catch to the actual commercial catch to 

ensure that the correct AM gear 

restricted area is implemented. 

Reviewing additional survey data would 

allow managers to better account for 

uncertainties in the index-based stock 

assessment model that is used because 

it relates any potential overage in catch 

back to the biomass and catch trends 

used in the stock assessment. This 

action does not change the actual gear 

restricted area AMs developed under 

Framework 47. 

Reducing the Duration of an AM InSeason If a Subsequent Overage Does 

Not Occur 

As explained above, AMs must be 

implemented as soon as possible after 

an overage is identified to correct the 

operational issue causing, or mitigate 

any biological consequences from, the 

overage. Because stock allocations are 

divided among several different 

fisheries, as well as other fishery subcomponents that do not actually receive 

an allocation (e.g., state-waters 

fisheries), we need to include catch by 

all groups prior to verifying where the 

catch limit was exceeded. We do not 

receive year-end data from the other 

sub-component fisheries until late 

summer. 

Once we receive complete catch 

information in late August/early 

September, an AM implemented in year 

3 (following an overage in year 1 and an 

underage in year 2) could be shortened 

by removing it in season, consistent 

with the Administrative Procedure Act. 

This alternative would provide an 

incentive for industry to modify its 

fishing behavior in an effort to reduce 

the duration of an AM in year 3, and 

remove the need for continuing an AM. 

Furthermore, because this option does 

not require a pound for pound payback, 

and because the underage could be due 

to a reduction in stock size, the reduced 

catch expected to result from the delay 

in removing an implemented AM in 

year 3 would provide an additional 

buffer against any such remaining 

management uncertainty. 

This alternative is not applicable if, 

utilizing reliable catch data (such as 

observed discards), we determine that 

the current season’s windowpane 

flounder catch limit has been exceeded 

because it would be inconsistent for us 

to remove an AM in-season while 

planning for an AM the following year. 

Changes to Fishing Year 2014 AMs 

For northern windowpane flounder, 

neither of the alternatives would apply 

to the fishing year 2014 Georges Bank 

gear restricted area AM. This is because 

the northern windowpane flounder 

stock is considered overfished, subject 

to overfishing, and because catch limits 

for this stock were exceeded in fishing 

years 2012 and 2013 (Tables 1 and 3). 

However, the southern windowpane 

flounder stock is not overfished or 

subject to overfishing, is rebuilt, and an 

initial review shows that the biomass 

criterion is greater than the fishing year 

2013 catch. This information indicates 

that we would be able to reduce the size 

of the Southern New England/MidAtlantic gear restricted area AM from 

large to small. The southern 

windowpane flounder catch limit was 

exceeded in fishing year 2013, so the 

second alternative criterion is not met 

and we would be unable to remove the 

small AM restricted gear area midseason (Table 3). 

BILLING CODE 3510–22–P 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

BILLING CODE 3510–22–C 


EP17NO14.003</GPH>mstockstill on DSK4VPTVN1PROD with PROPOSALS

Table 1 Fishin!! Y 2012 Wind Fl der Catch C t) ' / 

Acceptable Catc

Overtishing Groundtish Total Stock Biological Ground fish State 

Limit sub-ACL Allocation Total Catch Fishery Fi

Northern Windowpane 230 173 129 163 209 130 

Flounder 

Southern Windowpane 515 386 72 381 521 107 

Flounder 

Table 2 Prer Fishin!! Y 2013 Wind Fl der Catch C t fM h 19. 2014) 

State Other 

Stock C':mundfish Scallop I I 

Waters Sub-component 

Northern Windowpane Catch Limit 98 2 44 

Flounder Preliminary FY2013 Catch 227 NA NA 

Southern Windowpane Catch Limit 102 183 55 186 

Flounder Preliminary FY2013 Catch 106 104 NA NA 

1 Inseason catch estimates are not available for state waters or the other sub-component 

Table 3 Final Fishin!! Y 2013 Wind Fl der Catch C t) ' / 

State 

Other 

% ofCa

Stock Ground fish Scallop Sub- Total Waters Limit Ca

component 

Northern Windowpane Catch Limit 98 2 44 144 

Flounder FY 2013 Catch 237 I 42 280 195 

Southern Windowpane Catch Limit 102 183 55 186 527 

Flounder FY2013 Catch 116 129 37 272 555 105 
Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Proposed Rules 68401 

Regulatory Correction Under Regional 

Administrator Authority 

To clarify the intent of Framework 47, 

this rule would change the regulatory 

text at 50 CFR 648.90(a)(5)(i)(D)(1), 

648.90(a)(5)(i)(D)(2), and 

648.90(a)(5)(i)(D)(3) to explain that a 

large AM area is implemented if the 

overage is greater than 20 percent of the 

overall annual catch limit. While 

reviewing the regulations for 

windowpane flounder AMs, we 

discovered that the regulations detailing 

the large and small AMs for 

windowpane flounder, ocean pout, 

Atlantic halibut, and Atlantic wolffish 

were different than approved in 

Framework 47. The current regulations 

incorrectly state that a small AM is 

implemented if an overage is between 5 

and 20 percent of the overall annual 

catch limit and a large AM is 

implemented if the overage is 21 

percent or more. This mistakenly leaves 

a void between 20 and 21 percent. The 

Council also stipulated in Framework 

48 that any overage greater than 20 

percent would require a review of the 

AM for Atlantic halibut and Atlantic 

wolffish. This provision was not part of 

Framework 47 when AMs were 

established for windowpane flounder 

and ocean pout and is being removed 

from § 648.90(a)(5)(i)(D)(1). Lastly, the 

regulations currently state that a large 

AM area is implemented for both 

Atlantic halibut and Atlantic wolffish if 

the overall ACL is exceeded by more 

than 20 percent. This is incorrect; there 

are no large or small AM areas for 

Atlantic halibut and Atlantic wolffish, 

only specific trawl and fixed gear AMs 

that are applied when there is an 

overage greater than the management 

uncertainty buffer. 

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 52, other provisions of the 

Magnuson-Stevens Act, and other 

applicable law. In making the final 

determination, NMFS 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. 

An Initial Regulatory Flexibility 

Analysis (IRFA) was prepared for this 

proposed rule, as required by section 

603 of the Regulatory Flexibility Act, 5 

U.S.C. 603. The IRFA includes this 

section of the preamble to this rule and 

analyses contained in Framework 52 

and its accompanying EA/RIR/IRFA. 

The IRFA describes the economic 

impact that this proposed rule would 

have on small entities, if adopted. A 

description of the action, why it is being 

considered, and the legal basis for this 

action are contained in Framework 52, 

the beginning of this section 

(SUPPLEMENTARY INFORMATION) in the 

preamble, and in the SUMMARY section of 

the preamble. A copy of the full analysis 

is available from the Council (see 

ADDRESSES). A summary of the IRFA 

follows. 

Description and Estimate of the Number 

of Small Entities To Which the Proposed 

Rule Would Apply 

A detailed description of the small 

entities that may be affected by this 

action can be found in the Framework 

52 Environmental Assessment in section 

8.11.2.4. Small entities include ‘‘small 

businesses,’’ ‘‘small organizations,’’ and 

‘‘small governmental jurisdictions.’’ The 

U.S. Small Business Administration 

(SBA) has established size standards for 

all major industry sectors in the U.S. 

including commercial finfish harvesters, 

commercial shellfish harvesters, other 

commercial marine harvesters, for-hire 

businesses, marinas, seafood dealers/

wholesalers, and seafood processors. 

A small business is defined by the 

SBA as one that is: 

• Independently owned and operated; 

• not dominant in its field of 

operation (including its affiliates); 

• has combined annual receipts not 

in excess of 

Æ $20.5 million for all its affiliated 

operations worldwide for commercial 

finfish harvesting; 

Æ $5.5 million for all its affiliated 

operations worldwide for commercial 

shellfish harvesting; or 

Æ $7.5 million for other marine 

harvesters, for-hire businesses, and 

other related entities; and 

• has fewer than 

Æ 500 employees in the case of 

seafood processors; or 

Æ 100 employees in the case of 

seafood dealers. 

A small organization is any not-forprofit enterprise that is independently 

owned and operated and is not 

dominant in its field. Small 

governmental jurisdictions are 

governments of cities, boroughs, 

counties, towns, townships, villages, 

school districts, or special districts, with 

population of fewer than 50,000. 

This proposed action impacts 

commercial fish harvesting entities 

engaged in the Northeast multispecies 

limited access fishery. A description of 

the specific permits that are likely to be 

impacted is included below for 

informational purposes, followed by a 

discussion of the impacted businesses 

(ownership entities), which can include 

multiple vessels and/or permit types. 

For the purposes of the RFA analysis, 

the ownership entities (not the 

individual vessels) are considered to be 

the regulated entities. 

Limited Access Groundfish Fishery 

The limited access groundfish 

fisheries are further sub-classified as 

those enrolled in the sector allocation 

program and those in the common pool. 

Sector vessels are subject to sector-level 

stock-specific allocations that limit 

catch of allocated groundfish stocks. 

AMs include a prohibition on fishing 

inside designated areas once 100 

percent of available sector allocation has 

been caught, as well as area-based gear 

and effort restrictions that are triggered 

when catch of non-allocated groundfish 

stocks exceeds the catch limits. 

Common pool vessels are subject to 

various days-at-sea and trip limits 

designed to keep catches below the 

limits set for vessels enrolled in this 

program. In general, sector-enrolled 

businesses rely more heavily on sales of 

groundfish species than common poolenrolled vessels. All limited access 

multispecies permit holders are eligible 

to participate in the sector allocation 

program; however, many permit holders 

select to remain in the common pool 

fishery. 

As of May 1, 2014 (beginning of 

fishing year 2014) there were 1,046 

individual limited access multispecies 

permits. A total of 613 of these permits 

were enrolled in the sector program and 

433 were enrolled in the common pool. 

Of these 1,046 limited access 

multispecies permits, 767 had landings 

of any species and 414 had groundfish 

landings in fishing year 2013. 

Ownership Entities 

Individually-permitted vessels may 

hold permits for several fisheries, 

harvesting species of fish that are 

regulated by several different fishery 

management plans, even beyond those 

impacted by the proposed action. 

Furthermore, multiple permitted vessels 

and/or permits may be owned by 

entities affiliated by stock ownership, 

common management, identity of 

interest, contractual relationships or 

economic dependency. For the purposes 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

68402 Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Proposed Rules 

of this analysis, ownership entities are 

defined as those entities with common 

ownership personnel as listed on permit 

application documentation. Only 

permits with identical ownership 

personnel are categorized as an 

ownership entity. For example, if five 

permits have the same seven personnel 

listed as co-owners on their application 

paperwork, those seven personnel form 

one ownership entity, covering those 

five permits. If one or several of the 

seven owners also own additional 

vessels, with sub-sets of the original 

seven personnel or with new co-owners, 

those ownership arrangements are 

deemed to be separate ownership 

entities for the purpose of this analysis. 

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 2013 permits and contains average 

gross sales associated with those 

permits for calendar years 2011 through 

2013. 

Matching the potentially impacted 

permits described above (fishing year 

2014) to the calendar year 2013 

ownership data results in 868 distinct 

ownership entities. Of these, 855 are 

categorized as small and 13 are 

categorized as large entities per the SBA 

guidelines. 

These totals may mask some diversity 

among the entities. Many, if not most, 

of these ownership entities maintain 

diversified harvest portfolios, obtaining 

gross sales from many fisheries and not 

dependent on any one. However, not all 

are equally diversified. Those that 

depend most heavily on sales from 

harvesting species impacted directly by 

the proposed action are most likely to be 

affected. By defining dependence as 

deriving greater than 50 percent of gross 

sales from sales of regulated species 

associated with a specific fishery, we 

are able to identify those ownership 

groups most likely to be impacted by the 

proposed regulations. Using this 

threshold, we find that 114 entities are 

groundfish-dependent, all of which are 

small and all of which are finfish 

commercial harvesting businesses. Of 

the 114 groundfish-dependent entities, 

102 have some level of participation in 

the sector program and 12 operate 

exclusively in the common pool. 

Economic Impacts of the Proposed 

Measures and Alternatives 

The proposed action is expected to 

have generally positive economic 

impacts, and we do not expect the 

action to put small entities at a 

competitive disadvantage relative to 

large entities. Impacts on profitability 

from the proposed action are likely to 

positively affect both small and large 

entities in a broadly similar manner. 

This IRFA analysis is intended to 

analyze the impacts of the alternatives 

described in section 4.1 of Framework 

52 on small entities. The proposed 

action alters the criteria for triggering 

AMs for windowpane flounder, and 

may result in either smaller AM gear 

restricted areas (i.e., duration or size) in 

the Southern New England or Georges 

Bank gear restricted areas or an 

increased likelihood that a triggered AM 

in either/both areas could be removed 

in-season once catch information from 

the previous year is made available. 

These provisions are expected to 

positively impact profitability of small 

entities regulated by this action. 

The proposed action is expected to 

result in either a lower probability of an 

AM remaining in place for a given year 

or a smaller gear restricted area (i.e., 

duration or time). In all cases, the 

proposed action is expected to have 

positive economic impacts to small 

groundfish-dependent entities relative 

to the no action alternative. A more 

detailed discussion of the expected 

economic and social impacts can be 

found in sections 7.4 and 7.5 of the 

Framework 52 environmental 

assessment. 

Description of the Projected Reporting, 

Recordkeeping, and Other Compliance 

Requirements of the Proposed Rule 

The Framework 52 proposed rule is 

not expected to create any additional 

reporting, recordkeeping or other 

compliance requirements. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: November 6, 2014. 

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. 

■ a. In § 648.90, revise paragraphs 

(a)(5)(i)(D)(1), (a)(5)(i)(D)(2) and 

(a)(5)(i)(D)(3), add paragraphs 

(a)(5)(i)(D)(1)(i) and (a)(5)(i)(D)(1)(ii), to 

read as follows: 

§ 648.90 NE multispecies assessment, 

framework procedures and specifications, 

and flexible area action system. 

* * * * * 

(a) * * * 

(5) * * * 

(i) * * * 

(D) * * * 

(1) Windowpane flounder and ocean 

pout—Unless otherwise specified in 

paragraphs (a)(5)(i)(D)(1)(i) and (ii) of 

this section, if NMFS determines the 

total catch exceeds the overall ACL for 

either stock of windowpane flounder or 

ocean pout, as described in this 

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

greater than the management 

uncertainty buffer up to 20 percent 

greater than the overall ACL, the 

applicable small AM area for the stock 

shall be implemented, as specified in 

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

consistent with the Administrative 

Procedure Act. If the overall ACL is 

exceeded by more than 20 percent, the 

applicable large AM area(s) for the stock 

shall be implemented, as specified in 

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

consistent with the Administrative 

Procedure Act. The AM areas defined 

below are bounded by the following 

coordinates, connected in the order 

listed by rhumb lines, unless otherwise 

noted. Vessels fishing with trawl gear in 

these areas may only use a haddock 

separator trawl, as specified in 

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

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

rope separator trawl, as specified in 

§ 648.84(e); or any other gear approved 

consistent with the process defined in 

§ 648.85(b)(6). If an overage of the 

overall ACL for southern windowpane 

flounder is as a result of an overage of 

the sub-ACL allocated to exempted 

fisheries pursuant to paragraph 

(a)(4)(iii)(F) of this section, the 

applicable AM area(s) shall be in effect 

for any trawl vessel fishing with a 

codend mesh size of greater than or 

equal to 5 inches (12.7 cm) in other, 

non-specified sub-components of the 

fishery, including, but not limited to, 

exempted fisheries that occur in Federal 

waters and fisheries harvesting 

exempted species specified in 

§ 648.80(b)(3). If an overage of the 

overall ACL for southern windowpane 

flounder is as a result of an overage of 

the sub-ACL allocated to the groundfish 

fishery pursuant to paragraph 

(a)(4)(iii)(H)(2) of this section, the 

applicable AM area(s) shall be in effect 

for any limited access NE multispecies 

permitted vessel fishing on a NE 

multispecies DAS or sector trip. If an 

overage of the overall ACL for southern 

windowpane flounder is as a result of 

overages of both the groundfish fishery 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Proposed Rules 68403 

and exempted fishery sub-ACLs, the 

applicable AM area(s) shall be in effect 

for both the groundfish fishery and 

exempted fisheries. If a sub-ACL for 

either stock of windowpane flounder or 

ocean pout is allocated to another 

fishery, consistent with the process 

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

AMs for that fishery, the groundfish 

fishery AM shall only be implemented 

if the sub-ACL allocated to the 

groundfish fishery is exceeded (i.e., the 

sector and common pool catch for a 

particular stock, including the common 

pool’s share of any overage of the 

overall ACL caused by excessive catch 

by other sub-components of the fishery 

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

common pool sub-ACL) and the overall 

ACL is also exceeded. 

NORTHERN WINDOWPANE FLOUNDER

AND OCEAN POUT SMALL AM AREA

Point N. Latitude W. Longitude 

1 ..................... 41°10′ 67°40′ 

2 ..................... 41°10′ 67°20′ 

3 ..................... 41°00′ 67°20′ 

4 ..................... 41°00′ 67°00′ 

5 ..................... 40°50′ 67°00′ 

6 ..................... 40°50′ 67°40′ 

1 ..................... 41°10′ 67°40′ 

NORTHERN WINDOWPANE FLOUNDER

AND OCEAN POUT LARGE AM AREA

Point N. Latitude W. Longitude 

1 ..................... 42°10′ 67°40′ 

2 ..................... 42°10′ 67°20′ 

3 ..................... 41°00′ 67°20′ 

4 ..................... 41°00′ 67°00′ 

5 ..................... 40°50′ 67°00′ 

6 ..................... 40°50′ 67°40′ 

1 ..................... 42°10′ 67°40′ 

SOUTHERN WINDOWPANE FLOUNDER

AND OCEAN POUT SMALL AM AREA

Point N. Latitude W. Longitude 

1 ..................... 41°10′ 71°30′ 

2 ..................... 41°10′ 71°20′ 

3 ..................... 40°50′ 71°20′ 

4 ..................... 40°50′ 71°30′ 

1 ..................... 41°10′ 71°30′ 

SOUTHERN WINDOWPANE FLOUNDER

AND OCEAN POUT SMALL AM AREA 1 

Point N. Latitude W. Longitude 

1 ..................... 41°10′ 71°50′ 

2 ..................... 41°10′ 71°10′ 

3 ..................... 41°00′ 71°10′ 

4 ..................... 41°00′ 71°20′ 

5 ..................... 40°50′ 71°20′ 

6 ..................... 40°50′ 71°50′ 

SOUTHERN WINDOWPANE FLOUNDER

AND OCEAN POUT SMALL AM AREA

1—Continued 

Point N. Latitude W. Longitude 

1 ..................... 41°10′ 71°50′ 

SOUTHERN WINDOWPANE FLOUNDER

AND OCEAN POUT LARGE AM AREA 2 

Point N. Latitude W. Longitude 

1 ..................... (1) 73°30′ 

2 ..................... 40°30′ 73°30′ 

3 ..................... 40°30′ 73°50′ 

4 ..................... 40°20′ 73°50′ 

5 ..................... 40°20′ (2) 

6 ..................... (3) 73°58.5′ 

7 ..................... (4) 73°58.5′ 

8 ..................... 40°32.6′ 5 73°56.4′ 5

1 ..................... (1) 73°30′ 

1The southernmost coastline of Long Island, 

NY, at 73°30′ W. longitude. 2The easternmost coastline of NJ at 40°20′ 

N. latitude, then northward along the NJ coastline to Point 6. 3The northernmost coastline of NJ at 

73°58.5′ W. longitude. 4The southernmost coastline of Long Island, 

NY at 73°58.5′ W. longitude. 5The approximate location of the southwest 

corner of the Rockaway Peninsula, Queens, 

NY, then eastward along the southernmost 

coastline of Long Island, NY (excluding South 

Oyster Bay), back to Point 1. 

(i) Reducing the size of an AM. If the 

overall northern or southern 

windowpane flounder ACL is exceeded 

by more than 20 percent and NMFS 

determines that: The stock is rebuilt, 

and the biomass criterion, as defined by 

the Council, is greater than the most 

recent fishing year’s catch, then only the 

respective small AM may be 

implemented as described in paragraph 

(a)(5)(i)(D)(1) of this section consistent 

with the Administrative Procedure Act. 

(ii) Reducing the duration of an AM. 

If the northern or southern windowpane 

flounder AM is implemented in the 

third fishing year following the year of 

an overage, as described in paragraph 

(a)(5)(i)(D) of this section, and NMFS 

subsequently determines that the 

applicable windowpane flounder ACL 

was not exceeded by any amount the 

year immediately after which the 

overage occurred (i.e., the second year), 

on or after September 1, the AM can be 

removed once year-end data are 

complete. This reduced duration does 

not apply if NMFS determines during 

year 3 that a year 3 overage of the 

applicable windowpane flounder ACL 

has occurred. 

(2) Atlantic halibut. If NMFS 

determines the overall ACL for Atlantic 

halibut is exceeded, as described in this 

paragraph (a)(5)(i)(D)(2), by any amount 

greater than the management 

uncertainty buffer, the applicable AM 

areas shall be implemented and any 

vessel issued a NE multispecies permit 

or a limited access monkfish permit and 

fishing under the monkfish Category C 

or D permit provisions, may not fish for, 

possess, or land Atlantic halibut for the 

fishing year in which the AM is 

implemented, as specified in paragraph 

(a)(5)(i)(D) of this section. If the overall 

ACL is exceeded by more than 20 

percent, the applicable AM area(s) for 

the stock shall be implemented, as 

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

section, and the Council shall revisit the 

AM in a future action. The AM areas 

defined below are bounded by the 

following coordinates, connected in the 

order listed by rhumb lines, unless 

otherwise noted. Any vessel issued a 

limited access NE multispecies permit 

and fishing with trawl gear in the 

Atlantic Halibut Trawl Gear AM Area 

may only use a haddock separator trawl, 

as specified in § 648.85(a)(3)(iii)(A); a 

Ruhle trawl, as specified in 

§ 648.85(b)(6)(iv)(J)(3); a rope separator 

trawl, as specified in § 648.84(e); or any 

other gear approved consistent with the 

process defined in § 648.85(b)(6). When 

in effect, a limited access NE 

multispecies permitted vessel with 

gillnet or longline gear may not fish or 

be in the Atlantic Halibut Fixed Gear 

AM Areas, unless transiting with its 

gear stowed in accordance with 

§ 648.23(b), or such gear was approved 

consistent with the process defined in 

§ 648.85(b)(6). If a sub-ACL for Atlantic 

halibut is allocated to another fishery, 

consistent with the process specified at 

§ 648.90(a)(4), and there are AMs for 

that fishery, the groundfish fishery AM 

shall only be implemented if the subACL allocated to the groundfish fishery 

is exceeded (i.e., the sector and common 

pool catch for a particular stock, 

including the common pool’s share of 

any overage of the overall ACL caused 

by excessive catch by other subcomponents of the fishery pursuant to 

§ 648.90(a)(5) exceeds the common pool 

sub-ACL) and the overall ACL is also 

exceeded. 

ATLANTIC HALIBUT TRAWL GEAR AM 

AREA

Point N. Latitude W. Longitude 

1 ..................... 42°00′ 69°20′ 

2 ..................... 42°00′ 68°20′ 

3 ..................... 41°30′ 68°20′ 

4 ..................... 41°30′ 69°20′ 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

68404 Federal Register / Vol. 79, No. 221 / Monday, November 17, 2014 / Proposed Rules 

ATLANTIC HALIBUT FIXED GEAR AM 

AREA 1 

Point N. Latitude W. Longitude 

1 ..................... 42°30′ 70°20′ 

2 ..................... 42°30′ 70°15′ 

3 ..................... 42°20′ 70°15′ 

4 ..................... 42°20′ 70°20′ 

ATLANTIC HALIBUT FIXED GEAR AM 

AREA 2 

Point N. Latitude W. Longitude 

1 ..................... 43°10′ 69°40′ 

2 ..................... 43°10′ 69°30′ 

3 ..................... 43°00′ 69°30′ 

4 ..................... 43°00′ 69°40′ 

(3) Atlantic wolffish. If NMFS 

determines the overall ACL for Atlantic 

wolffish is exceeded, as described in 

this paragraph (a)(5)(i)(D)(3), by any 

amount greater than the management 

uncertainty buffer, the applicable AM 

areas shall be implemented, as specified 

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

If the overall ACL is exceeded by more 

than 20 percent, the applicable AM 

area(s) for the stock shall be 

implemented, as specified in paragraph 

(a)(5)(i)(D) of this section, and the 

Council shall revisit the AM in a future 

action. The AM areas defined below are 

bounded by the following coordinates, 

connected in the order listed by rhumb 

lines, unless otherwise noted. Any 

vessel issued a limited access NE 

multispecies permit and fishing with 

trawl gear in the Atlantic Wolffish 

Trawl Gear AM Area may only use a 

haddock separator trawl, as specified in 

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

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

rope separator trawl, as specified in 

§ 648.84(e); or any other gear approved 

consistent with the process defined in 

§ 648.85(b)(6). When in effect, a limited 

access NE multispecies permitted vessel 

with gillnet or longline gear may not 

fish or be in the Atlantic Wolffish Fixed 

Gear AM Areas, unless transiting with 

its gear stowed in accordance with 

§ 648.23(b), or such gear was approved 

consistent with the process defined in 

§ 648.85(b)(6). If a sub-ACL for Atlantic 

wolffish is allocated to another fishery, 

consistent with the process specified at 

§ 648.90(a)(4), and AMs are developed 

for that fishery, the groundfish fishery 

AM shall only be implemented if the 

sub-ACL allocated to the groundfish 

fishery is exceeded (i.e., the sector and 

common pool catch for a particular 

stock, including the common pool’s 

share of any overage of the overall ACL 

caused by excessive catch by other subcomponents of the fishery pursuant to 

§ 648.90(a)(5) exceeds the common pool 

sub-ACL) and the overall ACL is also 

exceeded. 

ATLANTIC WOLFFISH TRAWL GEAR AM 

AREA

Point N. Latitude W. Longitude 

1 ..................... 42°30′ 70°30′ 

2 ..................... 42°30′ 70°15′ 

3 ..................... 42°15′ 70°15′ 

4 ..................... 42°15′ 70°10′ 

5 ..................... 42°10′ 70°10′ 

6 ..................... 42°10′ 70°20′ 

7 ..................... 42°20′ 70°20′ 

8 ..................... 42°20′ 70°30′ 

ATLANTIC WOLFFISH FIXED GEAR AM 

AREA 1 

Point N. Latitude W. Longitude 

1 ..................... 41°40′ 69°40′ 

2 ..................... 41°40′ 69°30′ 

3 ..................... 41°30′ 69°30′ 

4 ..................... 41°30′ 69°40′ 

ATLANTIC WOLFFISH FIXED GEAR AM 

AREA 2 

Point N. Latitude W. Longitude 

1 ..................... 42°30′ 70°20′ 

2 ..................... 42°30′ 70°15′ 

3 ..................... 42°20′ 70°15′ 

4 ..................... 42°20′ 70°20′ 

* * * * * 

[FR Doc. 2014–27084 Filed 11–14–14; 8:45 am] 

BILLING CODE 3510–22–P 

mstockstill on DSK4VPTVN1PROD with PROPOSALS