Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Rules and Regulations 2021 

Governmentwide Commercial Purchase 

Card, as prescribed in 232.1110. 

(D) Use the clause at 252.232–7010, 

Levies on Contract Payments, as 

prescribed in 232.7102. 

(E) Use the clause at 252.232–7011, 

Payments in Support of Emergencies 

and Contingency Operations, as 

prescribed in 232.908. 

(F) Use the provision at 252.232– 

7014, Notification of Payment in Local 

Currency (Afghanistan), as prescribed in 

232.7202. 

(xii) Part 237—Service Contracting. 

(A) Use the clause at 252.237–7010, 

Prohibition on Interrogation of 

Detainees by Contractor Personnel, as 

prescribed in 237.173–5, to comply with 

section 1038 of Pub. L. 111–84. 

(B) Use the clause at 252.237–7019, 

Training for Contractor Personnel 

Interacting with Detainees, as prescribed 

in 237.171–4, to comply with section 

1092 of Pub. L. 108–375. 

(xiii) Part 239—Acquisition of 

Information Technology. (A) Use the 

provision at 252.239–7017, Notice of 

Supply Chain Risk, as prescribed in 

239.7306(a), to comply with section 806 

of Pub. L. 111–383, in all solicitations 

for contracts involving the development 

or delivery of any information 

technology, whether acquired as a 

service or as a supply. 

(B) Use the clause at 252.239–7018, 

Supply Chain Risk, as prescribed in 

239.7306(b), to comply with section 806 

of Pub. L. 111–383, in all solicitations 

and contracts involving the 

development or delivery of any 

information technology, whether 

acquired as a service or as a supply. 

(xiv) Part 243—Contract 

Modifications. Use the clause at 

252.243–7002, Requests for Equitable 

Adjustment, as prescribed in 243.205– 

71, to comply with 10 U.S.C. 2410. 

(xv) Part 244—Subcontracting 

Policies and Procedures. Use the clause 

at 252.244–7000, Subcontracts for 

Commercial Items, as prescribed in 

244.403. 

(xvi) Part 246—Quality Assurance. 

(A) Use the clause at 252.246–7003, 

Notification of Potential Safety Issues, 

as prescribed in 246.371(a). 

(B) Use the clause at 252.246–7004, 

Safety of Facilities, Infrastructure, and 

Equipment for Military Operations, as 

prescribed in 246.270–4, to comply with 

section 807 of Pub. L. 111–84. 

(xvii) Part 247—Transportation. (A) 

Use the clause at 252.247–7003, PassThrough of Motor Carrier Fuel 

Surcharge Adjustment to the Cost 

Bearer, as prescribed in 247.207, to 

comply with section 884 of Pub. L. 110– 

417. 

(B) Use the provision at 252.247– 

7022, Representation of Extent of 

Transportation by Sea, as prescribed in 

247.574(a). 

(C) Use the basic or one of the 

alternates of the clause at 252.247–7023, 

Transportation of Supplies by Sea, as 

prescribed in 247.574(b), to comply 

with the Cargo Preference Act of 1904 

(10 U.S.C. 2631(a)). 

(1) Use the basic clause as prescribed 

in 247.574(b)(1). 

(2) Use the alternate I clause as 

prescribed in 247.574(b)(2). 

(3) Use the alternate II clause as 

prescribed in 247.574(b)(3). 

(D) Use the clause at 252.247–7024, 

Notification of Transportation of 

Supplies by Sea, as prescribed in 

247.574(c). 

(E) Use the clause 252.247–7025, 

Reflagging or Repair Work, as prescribed 

in 247.574(d), to comply with 10 U.S.C. 

2631(b). 

(F) Use the provision at 252.247– 

7026, Evaluation Preference for Use of 

Domestic Shipyards—Applicable to 

Acquisition of Carriage by Vessel for 

DoD Cargo in the Coastwise or 

Noncontiguous Trade, as prescribed in 

247.574(e), to comply with section 1017 

of Pub. L. 109–364. 

(G) Use the clause at 252.247–7027, 

Riding Gang Member Requirements, as 

prescribed in 247.574(f), to comply with 

section 3504 of the National Defense 

Authorization Act for Fiscal Year 2009 

(Pub. L. 110–417). 

(H) Use the clause at 252.247–7028, 

Application for U.S Government 

Shipping Documentation/Instructions, 

as prescribed in 247.207. 

PART 225—FOREIGN ACQUISITION 

■ 3. Amend section 225.1101 by— 

■ a. Revising paragraphs (9)(ii) through 

(vi); and 

■ b. In paragraph (10)(i)(A), removing 

‘‘$79,507’’ and adding ‘‘$100,000’’ in its 

place. 

The revision reads as follows: 

225.1101 Acquisition of supplies. 

* * * * * 

(9) * * * 

(ii) Use the alternate I provision when 

the solicitation includes alternate I of 

the clause at 252.225–7036. 

(iii) Use the alternate II provision 

when the solicitation includes alternate 

II of the clause at 252.225–7036. 

(iv) Use the alternate III provision 

when the solicitation includes alternate 

III of the clause at 252.225–7036. 

(v) Use the alternate IV provision 

when the solicitation includes alternate 

IV of the clause at 252.225–7036. 

(vi) Use the alternate V provision 

when the solicitation includes alternate 

V of the clause at 252.225–7036. 

* * * * * 

PART 245—GOVERNMENT PROPERTY 

245.102 [Amended] 

■ 4. Amend section 245.102, paragraph 

(1)(ii)(A), by removing ‘‘Director, 

National Geospatial Intelligence 

Agency, 4600 Sangamore Road, 

Bethesda, MD 20816–5003’’ and adding 

‘‘Director, National GeospatialIntelligence Agency, 7500 Geoint Drive, 

Springfield, VA 22150’’ in its place. 

[FR Doc. 2015–00541 Filed 1–14–15; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 140507412–5014–02] 

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: Final rule. 

SUMMARY: NMFS has approved 

Framework Adjustment 52 to the 

Northeast Multispecies Fishery 

Management Plan. This final rule 

contains two modifications to the 

current windowpane flounder 

accountability measures. First, the size 

of the accountability measure gearrestricted areas can be reduced if we 

determine that improvements in 

windowpane flounder stock health 

occurred despite the catch limits being 

exceeded. Second, the duration of the 

accountability measure can be 

shortened if we determine that an 

overage of the catch limit did not occur 

in the year following the overage. This 

action allows us to implement 

accountability measures based on more 

current survey and catch data and 

increases fishing opportunities for the 

groundfish fishery while still preventing 

overfishing. 

DATES: This final rule is effective on 

January 14, 2015. 


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FOR FURTHER INFORMATION CONTACT: 

William Whitmore, Fishery Policy 

Analyst, phone: 978–281–9182. 

SUPPLEMENTARY INFORMATION: 

Background 

The current accountability measures 

(AMs) for a windowpane flounder catch 

overage are small and large year-round 

gear-restricted areas (Figure 1). To 

trigger an AM for windowpane flounder, 

the overage must be greater than the 

management uncertainty buffer, which 

is currently 5 percent. If the overage is 

between 5 and 20 percent, the Small 

AM Area restriction is triggered. If the 

overage is more than 20 percent, the 

Large AM Area restriction is triggered. 

The AMs are stock specific. 

Accordingly, the AM trigger for 

northern windowpane flounder is based 

on the total northern windowpane 

flounder catch limit. The Southern New 

England AM trigger is based on 

southern windowpane flounder catch, 

but is triggered only when both the 

groundfish-specific and the total 

southern windowpane catch limits are 

exceeded. This is because southern 

windowpane flounder is allocated to 

scallop fishermen in addition to the 

catch limits that govern groundfish 

fishermen. 

When the windowpane flounder AMs 

are triggered, bottom-trawl vessels 

fishing in the applicable Small or Large 

AM Area are required to use selective 

trawl gear, such as the haddock 

separator or Ruhle trawl. The 

windowpane flounder AMs are 

implemented at the start of a fishing 

year after an overage is identified. 

Neither longline nor gillnet gear are 

restricted because these gear types 

comprise a small amount of the total 

catch of these stocks. Sectors cannot 

request an exemption from the AMs, 

because the AMs are meant to apply to 

all groundfish fishing activity, common 

pool and sector vessels alike. 

In fishing year 2012, the northern 

windowpane flounder catch limit was 

exceeded by 28 percent and the 

southern windowpane flounder catch 

limit was exceeded by 36 percent. 

Because both of these overages exceeded 

20 percent, the large gear-restricted 

areas were triggered as AMs. Because 

the overages were not identified until 

mid-way through fishing year 2013, the 

AMs were made effective for the 2014 

fishing year (starting May 1, 2014). The 

northern windowpane flounder catch 

limit was also exceeded in fishing year 

2013 and, because we received this 

information in fishing year 2013, this 

triggered the same 2014 AM that was 

triggered due to overages in fishing year 

2012. 

The initial windowpane flounder 

AMs were approved in Framework 47 

(77 FR 26104; May 2, 2012), and the 

accompanying environmental 

assessment for that action estimated the 

economic costs from these AMs to be as 

much as $15 million. Since then, several 

substantial reductions in catch limits for 

many key groundfish stocks have made 

many groundfish vessels more reliant on 

some flatfish species, particularly 

winter flounder. Since winter flounder 

and windowpane flounder are 

intermixed, the windowpane flounder 

AMs are having a considerable adverse 

economic impact on the fleet. To 

mitigate these impacts, the New 

England Fishery Management Council 

developed Framework 52 to modify the 

current AMs to sufficiently account for 

an overage of windowpane flounder 

while reducing the economic costs to 

industry without sacrificing 

conservation benefits. 

Additional information on the 

windowpane flounder AMs, including 

how they were developed and are 

implemented, can be reviewed online at 

www.greateratlantic.fisheries.noaa.gov/

nero/regs/frdoc/12/12MulFW47FR.pdf, 

as well as in the final rule for 

Framework 47 and the proposed rule for 

this action (79 FR 68396; November 17, 

2014). 


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Approved Measures 

Framework 52 modifies the current 

AMs for southern and northern 

windowpane flounder by allowing us 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. Framework 

52 contains two measures 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 measures are not mutually 

exclusive and can be used within the 

same fishing year. This action will 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 

AMs are management controls to 

prevent annual catch limits from being 

exceeded and to correct or mitigate 

catch overages. The first measure 

reduces the size of the AM area 

restriction from large to small if two 

criteria are met: (1) The stock is 

considered rebuilt; and (2) the ‘‘biomass 

criterion’’ is greater than the fishing year 

catch. ‘‘Biomass criterion’’ is defined as 

the 3-year average of the catch per tow 

from the three most recent fall surveys 

multiplied by 75 percent of Fmsy (fishing 

mortality at maximum sustainable yield) 

of the most recent stock assessment. If 

the biomass criterion is greater than the 

fishing year catch, it suggests the Large 

AM Area is unnecessary because the 

impacts of the overage on the stock may 

not be as substantial as originally 

expected. In other words, we can reduce 

the AM from the Large to the Small AM 

Area to mitigate the overage in a way 

that takes into account a greater biomass 

in relation to fishing effort. 

Importantly, this scenario applies to 

the fishing year 2012 southern 

windowpane flounder overage and the 

current southern windowpane flounder 

AM, which became effective on May 1, 

2014 (see page I–5 of Appendix 1 of the 

Framework 52 Environmental 

Assessment, which is available online at 

www.greateratlantic.fisheries.noaa.gov/

regs/2014/November/

14mulfw52appendixi.pdf). As a result, 

the southern windowpane flounder 

Large AM Area gear-restriction currently 

in place in Southern New England is 

reduced to the Small AM Area for the 

remainder of fishing year 2014 (i.e., 

through April 30, 2015). 

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

Not Occur 

The second measure is early removal 

of an AM if we determine that the 


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fishery remained within its total catch 

limit the year following an overage. In 

addition to mitigating biological 

consequences, AMs should correct 

operational issues that cause overages. 

This measure seeks to use operational 

corrections proportional to updated 

fishing activity. We do not receive yearend data (from fishing year 1) for the 

other sub-component fisheries that 

catch windowpane flounder until 

several months into the next fishing 

year (year 2). If there is an overage due 

to this late data, we implement an AM 

at the start of the following fishing year 

(year 3). With regards to the second 

criterion, once we receive complete year 

2 catch information in late August/early 

September (of year 3), if we identify that 

there was an underage in year 2, we 

would shorten the duration of an AM by 

removing it in-season during year 3. 

Because of the delay in receiving data 

from the other sub-components of the 

fishery, we would not remove the AM 

before September 1; therefore, the AM 

would remain in place for a minimum 

of 4 months. The shorter duration 

ensures accountability but also 

recognizes the fishery may have 

corrected the operational issue that 

caused the overage in year 1. This 

criterion does not apply to the current 

fishing year 2014 AMs because fishing 

year 2013 (year 2) catch limits for both 

southern and northern windowpane 

flounder stocks were not 

underharvested. 

The second measure also stipulates 

that the AM would not be removed if we 

determine there is a subsequent overage 

in year 3. A second overage in three 

years suggests that management 

measures, including AMs, should be 

revisited and modified, or, that 

whatever changes the fishery made 

independently in year 2 to reduce catch 

were ineffective in year 3, and that the 

AM is warranted. 

Regulatory Correction Under Regional 

Administrator Authority 

To clarify the intent of Framework 47, 

this rule changes 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 clarify 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 

inadvertently also added to the AMs 

established for windowpane flounder 

and ocean pout. This action removes 

this provision from 

§ 648.90(a)(5)(i)(D)(1) to be consistent 

with Council intent. 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. 

Comments and Responses on Measures 

Proposed in the Framework 52 

Proposed Rule 

We received five comments on the 

Framework 52 proposed rule. Public 

comments were submitted by the 

Associated Fisheries of Maine, 

Northeast Seafood Coalition, and two 

commercial fishermen. Only comments 

that were applicable to the proposed 

measures are responded to below. 

Consolidated responses are provided to 

similar comments on the proposed 

measures. 

Comment 1: The Associated Fisheries 

of Maine, Northeast Seafood Coalition, 

and two commercial fishermen 

generally support Framework 52. Two 

of the commenters stressed an 

immediate need for economic relief 

from the current AMs. 

Response 1: We agree with these 

comments and are approving 

Framework 52. We have worked to 

expeditiously review and implement 

Framework 52 because this action will 

increase fishing opportunities for the 

groundfish fishery while preventing 

overfishing. 

Comment 2: One individual opposes 

the use of AMs, particularly area 

closures and gear restrictions, claiming 

that such effort controls are an 

‘‘unacceptable setback,’’ in a quotacontrolled fishery, and that sector rules 

and management plans should be 

utilized to deal with challenges such as 

this. 

Response 2: Ideally, the fishery would 

never exceed its catch limits and AMs 

would never be implemented. However, 

AMs are required by statute to account 

for overharvesting or to reduce the 

potential for future overharvests, and 

are necessary when the current 

management measures are not properly 

controlling catch. While sectors do not 

directly receive an allocation of 

northern or southern windowpane 

flounder, we provide sector managers 

with current catch data for allocated and 

non-allocated groundfish stocks, such as 

windowpane flounder. Nothing is 

preventing sector managers and 

members from working together to 

reduce the groundfish industry’s catch 

of windowpane flounder and prevent 

them from exceeding the groundfish 

allocation. Sectors could develop a 

solution to this problem and we 

encourage them to do so. 

Comment 3: The Northeast Seafood 

Coalition states that Framework 52 or 53 

should have included a sub-allocation 

of northern windowpane flounder for 

the scallop fishery so that groundfish 

fishermen are accountable only for their 

own catch and not a potential overage 

caused by scallop vessels. The Coalition 

argues that any fishery that contributes 

a substantial source of fishing mortality 

should have its own allocation and AM, 

otherwise the system is inequitable and 

attempts to limit catch become futile. 

The Coalition has asked NMFS and the 

Council to address this issue. 

Response 3: The Council considered, 

but decided not to include, a separate 

northern windowpane flounder 

allocation and AM for scallop vessels in 

Framework 53. Recognizing that this is 

an issue that should be addressed, the 

Council has tasked the Groundfish Plan 

Development Team to further 

investigate this and additional 

windowpane flounder management 

issues. 

Although we understand the 

Coalition’s concerns, the groundfish 

fishery exceeded its own sub-allocation 

for both northern and southern 

windowpane flounder in fishing years 

2012 and 2013. In fact, the groundfish 

fishery itself exceeded the total catch 

limit for northern windowpane flounder 

in fishing year 2013. So, while 

allocating some northern windowpane 

flounder to the scallop fishery and 

designing an AM for the scallop fishery 

(similar to southern windowpane 

flounder) may increase accountability 

for scallop vessels, the groundfish 

fishery would still need to closely 

monitor and reduce its catch of 

windowpane flounder to avoid 

exceeding its allocation and potentially 

triggering an AM. 

Comment 4: The Northeast Seafood 

Coalition argues that windowpane 


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flounder AMs are triggered by 

mistakenly low allocations that are the 

result of underestimated stock sizes. 

The Coalition supports new assessment 

methods for low-value, non-commercial 

stocks such as windowpane flounder. 

Response 4: The first component of 

Framework 52 is a provision that allows 

us to further examine the most recent 

survey and catch data to determine 

whether the stock size could have been 

underestimated. This action addresses 

part of the Coalition’s concerns. 

Furthermore, the Northeast Fisheries 

Science Center will conduct a stock 

assessment update on windowpane 

flounder next year. 

Classification 

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

Magnuson-Stevens Act, the NMFS 

Assistant Administrator has determined 

that the management measures 

implemented in this final rule are 

consistent with the Northeast 

Multispecies Fishery Management Plan, 

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 good cause, under 

authority contained in 5 U.S.C. 

553(d)(1), to waive the 30-day delayed 

effectiveness of this action. Delaying the 

implementation of this rule would 

undermine the purpose of the rule, 

which is to improve access to fish stocks 

without allowing overfishing. 

Furthermore, any delay would reduce 

the economic benefit the rule provides. 

Accordingly, a delay is contrary to the 

public’s interest. Moreover, the delay in 

this instance is unnecessary because the 

rule imposes no new requirements on 

the affected entities such that they 

would need time to change their 

behavior to comply with the rule. 

Because there are only 4 months left in 

the fishing year, a 30-day delay in 

implementation of these measures 

would substantially reduce the positive 

economic impacts that are intended by 

these measures. 

Final Regulatory Flexibility Analysis 

Introduction 

The Regulatory Flexibility Act (RFA) 

requires that Federal agencies analyze 

the expected impacts of a rule on small 

business entities, including 

consideration of disproportionate and/

or significant adverse economic impacts 

on small entities that are directly 

regulated by the action. As part of the 

analysis, Federal agencies must also 

consider alternatives that minimize 

impacts on small entities while still 

accomplishing the objectives of the rule. 

The required analysis is used to inform 

the agency, as well as the public, of the 

expected impacts of the various 

alternatives included in the rule, and to 

ensure the agency considers other 

alternatives that minimize the expected 

impacts while still meeting the goals 

and objectives of the action, and that are 

still consistent with applicable law. 

Section 604 of the RFA, 5 U.S.C. 604, 

requires Federal agencies to prepare a 

Final Regulatory Flexibility Analysis 

(FRFA) for each final rule. Key elements 

of the FRFA include a summary of 

significant issues raised by public 

comments, a description of the small 

entities that will be affected by the final 

rule, and a description of the steps the 

agency has taken to minimize the 

significant economic impact on small 

entities that includes the reasons for 

selecting each alternative and why other 

alternatives were not adopted. The 

FRFA prepared for this final rule 

includes the summary and responses to 

comments in this rule, the analyses 

contained in Framework 52 and its 

accompanying Environmental 

Assessment/Regulatory Impact Review/

Initial Regulatory Flexibility Analysis 

(IRFA), the IRFA summary in the 

proposed rule, as well as the 

information provided below. 

Summary of Significant Issues Raised in 

Public Comments 

Our responses to all comments 

received on the proposed rule can be 

found in the Comments and Responses 

section of this preamble. Four of the 

comments we received supported the 

management measures in Framework 52 

because they would reduce the 

economic impacts of the current AMs. 

No public comments were received on 

the IRFA prepared for the proposed 

rule. As stated above, we are approving 

the management measures within 

Framework 52 because they mitigate the 

economic impacts of the AMs while 

preventing overfishing. 

Description and Estimate of the Number 

of Small Entities to Which the Final 

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 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 


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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 final 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 

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 

this 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 

final regulations. Using this threshold, 

we find that 114 entities are groundfishdependent, 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 This Action 

This final rule 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 this action 

are likely to positively affect both small 

and large entities in a broadly similar 

manner. 

This FRFA analysis is intended to 

analyze the impacts on small entities of 

the alternatives described in section 4.1 

of Framework 52. This 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 inseason 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. 

This action is expected to result in 

either a smaller gear restricted area or a 

lower probability of an AM remaining in 

place for a given year (i.e., duration or 

time). In all cases, this 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 This Action 

This action does not create any 

additional reporting, recordkeeping, or 

other compliance requirements. 

Small Entity Compliance Guide 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 states that, for each rule or group 

of related rules for which an agency is 

required to prepare a FRFA, the agency 

shall publish one or more guides to 

assist small entities in complying with 

the rule, and shall designate such 

publications as ‘‘small entity 

compliance guides.’’ The agency shall 

explain the actions a small entity is 

required to take to comply with a rule 

or group of rules. As part of this 

rulemaking process, we will send a 

small entity compliance guide to all 

Federal permit holders affected by this 

action. In addition, copies of this final 

rule and guide (i.e., information 

bulletin) are available from NMFS 

online at www.nero.noaa.gov/sfd/

sfdmulti.html. 

List of Subjects in 50 CFR Part 648 

Fisheries, Fishing, Recordkeeping and 

reporting requirements. 

Dated: January 8, 2015. 

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 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 § 648.90, revise paragraphs 

(a)(5)(i)(D)(1), (2), and (3) 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 


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Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Rules and Regulations 2027 

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 

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′ 

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′ 

SOUTHERN WINDOWPANE FLOUNDER

AND OCEAN POUT LARGE AM AREA

2—Continued 

Point N. Latitude W. Longitude 

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 


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2028 Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Rules and Regulations 

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′ 

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′ 

ATLANTIC HALIBUT FIXED GEAR AM 

AREA 2—Continued 

Point N. Latitude W. Longitude 

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′ 

ATLANTIC WOLFFISH TRAWL GEAR AM 

AREA—Continued 

Point N. Latitude W. Longitude 

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. 2015–00417 Filed 1–14–15; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 697 

[Docket No. 130705590–5010–03] 

RIN 0648–BD45 

Fisheries of the Northeastern United 

States; Atlantic Coastal Fisheries 

Cooperative Management Act 

Provisions; American Lobster Fishery 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: Based on Atlantic States 

Marine Fisheries Commission 

recommendations, we are issuing this 

final rule enacting Federal American 

lobster regulations for Lobster 

Conservation Management Areas 2, 3, 4, 

and 5, including trap reductions in 

Areas 2 and 3, and broodstock 

protection measures in Areas 2, 3, 4, 

and 5. These measures are intended to 

reduce fishing exploitation and reduce 

latent effort in the trap fishery to scale 

the fishery to the size of the Southern 


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