        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 648
        [Doc. No. 160920861-6861-01]
        RIN 0648-XE900
        Fisheries of the Northeastern United States; Atlantic Deep-Sea Red Crab Fishery; 2017-2019 Atlantic Deep-Sea Red Crab Specifications

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Proposed specifications; request for comments.

          SUMMARY:
          We are proposing specifications for the 2017Atlantic deep-sea red crab fishery, including an annual catch limit and total allowable landings limit. We are also proposing projected quotas for 2018-2019. This action is necessary to establish allowable red crab harvest levels that will prevent overfishing and allow harvesting of optimum yield. The proposed action is intended to establish the allowable 2017 harvest levels, consistent with the Atlantic Deep-Sea Red Crab Fishery Management Plan.

          DATES:
          Comments must be received on or before January 3, 2017.

          ADDRESSES:
          You may submit comments, identified by NOAA-NMFS-2016-0132, by any one of the following methods:
          • Electronic Submissions: Submit all electronic public comments via the Federal e-Rulemaking portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0132, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.
          • Mail: Submit written comments to John Bullard, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930.

            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 publically 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 the specifications document, including the Regulatory Flexibility Act Analysis and other supporting documents for the specifications, are available from Thomas A. Nies, Executive Director, New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The specifications document is also accessible via the Internet at: https://www.greateratlantic.fisheries.noaa.gov/.

          FOR FURTHER INFORMATION CONTACT:
          Allison Murphy, Fishery Policy Analyst, (978) 281-9122.

        SUPPLEMENTARY INFORMATION:

        Background
        The Atlantic deep-sea red crab fishery is managed by the New England Fishery Management Council. The Atlantic Deep-Sea Red Crab Fishery Management Plan (FMP) includes a specification process that requires the Council to recommend, on a triennial basis, an acceptable biological catch (ABC), an annual catch limit (ACL), and total allowable landings (TAL). The Council's Scientific and Statistical Committee (SSC) provides a recommendation to the Council for these catch limits. The Council makes a recommendation to NMFS that cannot exceed the recommendation of its SSC.

        The Council's recommendations must include supporting documentation concerning the environmental, economic, and social impacts of the recommendations. We are responsible for reviewing these recommendations to ensure that they achieve the FMP objectives and are consistent with all applicable laws, and may modify them if they do not. Following this review, we then publish proposed specifications in the Federal Register. After considering public comment, we will publish final specifications in the Federal Register.

        The FMP was implemented in 2002 and was originally managed under a target total allowable catch (TAC) and days-at-sea (DAS) system that allocated DAS equally across the small fleet of limited access permitted vessels. Amendment 3 to the FMP removed the trip limit restriction, and replaced the target TAC and DAS allocation with a catch limit structure consistent with the ACL and accountability measure requirements of the Magnuson-Stevens Fishery Conservation and Management Act. Under Amendment 3 (76 FR 60379; September 29, 2011), the 2011-2013 red crab specifications were set with an ABC equal to the long-term average landings of the directed red crab fishery (1,775 metric tons (mt)). These specifications were continued for fishing years 2014-2016 (79 FR 24356; April 30, 2014).
        Proposed Specifications
        The biological and management reference points currently in the FMP are used to determine whether overfishing is occurring or if the stock is overfished. However, these reference points for red crab do not currently meet Magnuson-Stevens Act National Standard 1 criteria. As a result, there is insufficient information on the species to establish the maximum sustainable yield (MSY), optimum yield (OY), or overfishing limit (OFL). ABC is defined in terms of landings instead of total catch because there is insufficient information to estimate dead discards of red crab.
        The Council's recommendation for the 2017-2019 red crab specifications are based on the results of the most recent peer-reviewed assessment of the red crab fishery carried out by the Data Poor Stocks Working Group in 2009 and the recommendations of the Council's SSC. The recommended specifications include a status quo TAL for all three years. While an OFL has not been determined for the stock, the Council and its SSC believe continuing the current TAL will not result in overfishing and adequately accounts for scientific uncertainty.
        Recent landings, landing per unit of effort, port samples, discard information, and economic data suggest there has been no change in the size of the red crab stock since Amendment 3 was implemented in 2011. On August 10, 2016, the SSC recommended the status quo ABC for fishing years 2017-2019 of 1,775 mt for the directed fishery. The Council approved the specifications on September 21, 2016, summarized in Table 1. We are proposing the Council-recommended specifications for fishing year 2017. By providing projected quotas for 2018 and 2019, we hope to assist fishery participants in planning ahead.

          Table 1—Council-Recommended 2017-2019 Red Crab Specifications

            mt
            Million lb

            MSY
            undetermined

            OFL
            undetermined

            OY
            undetermined

            ABC
            1,775
            3.91

            ACL
            1,775
            3.91

            TAL
            1,775
            3.91

        At the end of each fishing year, we evaluate catch information and determine if the quota has been exceeded. If a quota is exceeded, the regulations at 50 CFR 262(b) require a pound-for-pound reduction in a subsequent fishing year, through notification consistent with the Administrative Procedure Act. We would publish a notice in the Federal Register of any revisions to these proposed specifications if an overage occurs. We expect, based on the performance of the red crab fishery over time, that such adjustments would be unlikely. However, we will provide notice of the 2018 and 2019 quotas prior to the start of each respective fishing year.
        Classification
        Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the NMFS Assistant Administrator has determined that this proposed rule is consistent with the Atlantic Deep-Sea Red Crab FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.
        These proposed specifications are exempt from review under Executive Order 12866.

        The Chief Counsel for Regulation, Department of Commerce, certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The Council prepared an analysis of the potential economic impacts of this action, which is included in the Council's document for this action (see ADDRESSES to obtain a copy of the supplemental information report) and supplemented by information contained in the preamble of this proposed rule. For RFA purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry in commercial fishing (see 50 CFR 200.0). A business primarily engaged in commercial fishing (NAICS code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide. Using this definition, there are two distinct ownership entities and four fishing vessels based on available permit data that are directly regulated by this action. As there are only two business entities, the degree of ownership is not known. A review of revenue data from 2013-2015 indicates that the total value of landings of red crab and other species over the last three years averaged $3.69 million, so it is safe to assume that all business entities in the harvesting sector can be categorized as small businesses for purpose of the RFA.
        There is no reason to believe small entities would be substantially affected by the proposed action. The proposed action would affect all business entities and the four vessels that participate in the directed red crab fishery, but it is not expected to have any impact on the gross or average revenues for the fishery because it does not change the quota. In addition, this quota is substantially higher than landings in recent years (fishing years 2013 through 2015 landings averaged 2.692 million lb). As a result, the proposed action is not expected to constrain landings markets for red crab substantially and is not expected to have a significant economic impact on a substantial number of small entities.
        As a result, an initial regulatory flexibility analysis is not required and none has been prepared.

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

          Dated: November 28, 2016.
          Samuel D. Rauch III,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

      [FR Doc. 2016-28854 Filed 11-30-16; 8:45 am]
       BILLING CODE 3510-22-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 648
        [Docket No. 190214116-9116-01]
        RIN 0648-BI69
        Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Fishing Year 2019 Recreational Management Measures

          AGENCY:
          National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          NMFS proposes fishing year 2019 recreational management measures for Gulf of Maine cod and haddock and Georges Bank cod. This action is necessary to respond to updated catch and other scientific information. The proposed measures are intended to ensure the recreational fishery achieves, but does not exceed, its fishing year 2019 catch limits.

          DATES:
          Comments must be received by May 28, 2019.

          ADDRESSES:
          You may submit comments on this document, identified by NOAA-NMFS-2018-0140, by either of the following methods:
          • Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal.
          1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0140.

          2. Click the “Comment Now!” icon, complete the required fields, and
          3. Enter or attach your comments.
          • Mail: Submit written comments to: Michael Pentony, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, “Comments on the Fishing Year 2019 Groundfish Recreational Measures.”

            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).

          Copies of the analyses supporting this rulemaking, including the Framework Adjustment 57 environmental assessment (EA) prepared by the New England Fishery Management Council are available from: Michael Pentony, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. The supporting documents are also accessible via the internet at: http://www.nefmc.org/management-plans/northeast-multispecies or http://www.regulations.gov.

          FOR FURTHER INFORMATION CONTACT:

          Emily Keiley, Fishery Management Specialist, phone: 978-281-9116; email: Emily.Keiley@noaa.gov.

        SUPPLEMENTARY INFORMATION:

        Table of Contents

          1. Proposed Gulf of Maine Recreational Management Measures for Fishing Year 2019
          2. Proposed Georges Bank Cod Recreational Management Measures for Fishing Year 2019

        1. Proposed Gulf of Maine Recreational Management Measures for Fishing Year 2019
        Background
        The recreational fishery for Gulf of Maine (GOM) cod and haddock is managed under the Northeast Multispecies Fishery Management Plan (FMP). The multispecies groundfish fishery opens on May 1 each year and runs through April 30 of the following calendar year. The FMP sets sub-annual catch limits (sub-ACL) for the recreational fishery each fishing year for both species. These sub-ACLs are a fixed proportion of the overall catch limit for each stock. The FMP also includes proactive recreational accountability measures (AM) to prevent the recreational sub-ACLs from being exceeded and reactive AMs to correct the cause or mitigate the effects of an overage if one occurs.
        The proactive AM provision in the FMP requires the Regional Administrator, in consultation with the New England Fishery Management Council, to develop recreational management measures for the upcoming fishing year to ensure that the recreational sub-ACL is achieved, but not exceeded. The provisions authorizing this action can be found in the FMP's implementing regulations at 50 CFR 648.89(f)(3).
        According to the 2017 stock assessments, the GOM cod and haddock stocks are increasing, although cod remains overfished and subject to a rebuilding plan. Framework Adjustment 57 to the FMP set 2018 and 2019 ACLs and sub-ACLs based on the updated assessments. Framework 58, as approved by the Council, does not adjust the fishing year 2019 recreational sub-ACLs for GOM cod or haddock, and the 2019 sub-ACLs remain at the same level as in 2018. The 2019 recreational sub-ACL for GOM cod is 220 mt, the 2019 recreational sub-ACL for GOM haddock is 3,358 mt.
        Compared to preliminary estimates of 2018 catch, the fishing year 2019 sub-ACLs would allow for a 379-percent increase in haddock catch, and a 57-percent increase in cod catch (Table 1). Status quo measures are projected to result in cod and haddock catch below the 2019 sub-ACLs.

          Table 1—Preliminary Fishing Year 2018 Catch Compared to Fishing Year 2018 and 2019 Sub-ACLs

            GOM Stock
            2018 and 2019sub-ACLs
              (mt)

            Estimated2018 catch
              (mt)

            Percent of FY2018 sub-ACL
              caught

            Change in2018 catch
              to reach
              2019 sub-ACL
              (percent)

            Cod
            220
            140
            64
            57

            Haddock
            3,358
            700
            21
            379

        2019 Council Consultation Process and Timing
        The analysis of potential recreational measures was delayed by the partial Federal government shutdown, and, as a result, the Council's Recreational Advisory Panel (RAP) was unable to meet prior to the January Council meeting. At the January 2019 meeting, the Council passed a motion to modify the consultation process this year, authorizing the Executive Committee to make final Council recommendations to the agency. The RAP met and developed recommendations on February 22, 2019. The Groundfish Committee reviewed the RAP's recommendations at its February 26 meeting. The Executive Committee reviewed both sets of recommendations by correspondence. Table 2 summarizes the recommendations made by the RAP and Groundfish Committee. As authorized by and on behalf of the Council, the Council's Executive Committee recommended that we adopt measures as proposed by the Groundfish Committee.

          Table 2—Summary of the Status Quo Measures and the Measures Recommended by the RAP, Groundfish Committee, and Executive Committee

            Option
            GOM haddock
            Dailypossession
              limit

            Minimum size
            Open season
            GOM cod
            Dailypossession
              limit

            Minimum size
            Open season

            Status Quo
            12
            17″ (43.2 cm)
            May 1-Sept 16; Nov 1-Feb 28; Apr 15-Apr 30
            Closed.

            RAP Preferred
            15
            15″ (31.1 cm)
            All Year
            1
            19″ (2.9 cm)
            Aug and Apr.

            RAP Backup
            15
            15″ (31.1 cm)
            All Year
            1
            21″ (51.3 cm)
            Aug and Apr.

            Groundfish Committee
            15
            15″ (31.1 cm)
            May 1-Feb 28; Apr 15-Apr 30
            1
            21″ (51.3 cm)
            Sept 15-30; Apr 15-Apr 30.

        Analysis and Uncertainty

        Preliminary estimates of GOM cod and haddock catch for fishing year 2018 indicate that the recreational fishery will not achieve the 2018 sub-ACL of either stock. The bioeconomic model projects that measures for both stocks can be liberalized without the 2019 recreational fishery's sub-ACLs being exceeded. The bioeconomic model's predicted probabilities that catch will remain at or below the sub-ACLs are informative. However, the model frequently underestimates effort and catch, resulting in the selection of management measures that do not successfully constrain catch to the sub-ACL. In recent years, despite utilization of the bioeconomic model to inform management measures, the recreational fishery exceeded their sub-ACL for GOM cod four out of five years and, in two of those years, this contributed to overages of the acceptable biological catch (ABC).
        The Marine Recreational Information Program (MRIP) data used in the bioeconomic model are also highly variable from year to year. Data from the MRIP are processed throughout the fishing year as new data arrive for each wave (2-month periods), and older data are updated as needed. Incorporation of new waves, or updates, may result in changes to the model output. This combination of factors makes it difficult to produce consistent predictions and to assess the underlying reasons for the discrepancies between the model's predicted catch and estimates of actual catch.
        This year, in addition to the uncertainty described above, there are several factors that, when combined, make this particular year's model estimates more uncertain than in any other year we have used the model:
        (1) The bioeconomic model is relying on projections from stock assessments that are 3 years beyond the assessments' terminal year. Projections from stock assessments become inherently more uncertain as time progresses. The last assessment for GOM cod and haddock occurred in 2017, and the last year of data used in those assessments was from 2016. The bioeconomic model uses these projections to inform assumptions about the population structure. Utilization of projections from that model to inform what is happening to the stocks in fishing year 2019 and 2020 is highly uncertain.
        (2) MRIP catch and effort estimates (1981-2017) based on the Coastal Household Telephone Survey (CHTS) were transitioned to the new, mail-based Fishing Effort Survey (FES). However, the most recently available stock assessments and sub-ACLs were based on the CHTS estimates. Evaluation of catch and development of management measures will continue to use data in the CHTS-equivalent until new assessments are conducted for these two stocks using FES information. That means, for fishing year 2018, FES data had to be converted back into CHTS values. The introduction of another model (back-calibration from CHTS to FES) and the associated assumptions adds a new layer of uncertainty.
        (3) The bioeconomic model is predicting effort and behavior in months that have been closed in recent years. The bioeconomic model uses behavior (effort and catch) in the previous year, in this case fishing year 2018, to tune the model to predict what is likely to occur in the next fishing year. This creates a challenge when the model needs to predict behavior during time periods that have been closed in the prior year. It is more difficult, and there is additional uncertainty when trying to model less restrictive management measures.
        Given the potentially significant uncertainty in the model estimates from this combination of factors, the Groundfish Plan Development Team and members of the RAP suggested re-running the model using averaged MRIP data and different assumptions about recruitment. Due to time constraints, these analyses could not be produced in time for consideration by the RAP, Groundfish Committee, or the Executive Committee. We are including the results in this proposed rule.
        We conducted sensitivity runs to evaluate alternatives using different assumptions within the bioeconomic model to capture some of the uncertainty described above. To reduce the uncertainty associated with using back-calibrated MRIP data for fishing year 2018, the bioeconomic model was re-calibrated to use the average MRIP effort estimate from fishing years 2016-2018 (152,340 angler trips) instead of the fishing year 2018 value (124,994 angler trips). Using an average that includes 2 years of data that was not back calibrated may address some of the uncertainty associated with the back calibration of 2018 data. Using the average effort results in higher estimated cod and haddock mortality in fishing year 2019 under all of the options. To address some of the biological projection uncertainty since the terminal year of the current assessment is from 2016, we replaced the 2019 projections with the 2017 projected stock structure. This provides a far less optimistic view of recruitment, which based on recent surveys is likely more realistic. This assumption results in slightly higher average cod catch-per-trip (by weight) in the model's projections and increases cod mortality across all of the options.

          Table 3—Fishing year 2019 GOM Cod and Haddock Projections From the Bioeconomic Model
          [Sensitivity model run results in italics]

            Option
            GOM haddock
            Dailypossession
              limit

            minimum size
            Open season
            GOM cod
            Daily possessionlimit

            minimum size
            Open season
            Predictedhaddock
              catch
              (mt

            Predictedcod catch
              (mt)

            Status Quo
            12
            17″ (43.2 cm)
            May 1-Sept 16; Nov 1-Feb 28; Apr 15-Apr 30
            Closed.
            791 (839)
            114 (154)

            RAP Preferred
            15
            15″ (31.1 cm)
            All Year
            1
            19″ (22.9 cm)
            Aug and Apr
            1,024 (1,061)
            138 (201)

            RAP Backup
            15
            15″ (31.1 cm)
            All Year
            1
            21″ (51.3 cm)
            Aug and Apr
            1,022 (1,060)
            134 (196)

            Council Recommended NMFS Proposed
            15
            17″ (43.2 cm)
            May 1-Feb 28; Apr 15-Apr 30
            1
            21″ (51.3 cm)
            Sept 15-30; Apr 15-Apr 30
            992 (1,047)
            125 (179)

        Proposed Measures

        Given the previously described uncertainty in the model estimates, the Groundfish Committee and Executive Committee recommended more conservative measures than the RAP, while still allowing a limited directed cod fishery. The Committees' preferred option also increases access to the healthy haddock stock. We are proposing the Council's recommended measures (see Table 4). While the bioeconomic model suggests that the RAP preferred and backup options would result in cod catch less than the 220 mt sub-ACL, the uncertainty associated with those projections is high. The bioeconomic model attempts to describe the impact directed haddock fishing has on cod mortality in the Gulf of Maine, as the two stocks are often found together. The model shows that proposed measures for haddock are likely to increase cod interactions, and therefore mortality. The degree to which the new haddock measures will affect cod mortality is highly uncertain because the model is predicting behavior in months that were previously closed (see #3 above).
        GOM cod is overfished and subject to overfishing. The recreational fishery has exceeded its GOM cod sub-ACL in four of the last five years. These overages have contributed to two overages of the total ACL and ABC. The more precautionary proposed measures take into account some of the uncertainty described above to reduce the chance of exceeding the GOM cod recreational sub-ACL while increasing the opportunity for the recreational fishery to achieve the recreational sub-ACLs. Given the uncertainty, condition of the GOM cod stock, and recent history of recreational management performance, we agree with the Council and Groundfish Committee that a more precautionary approach is needed this year, and we are therefore, proposing their recommended measures.

          Table 4—Status Quo and Proposed 2019 Recreational Management Measures for GOM Cod and Haddock

            GOM haddock
            Dailypossession
              limit

            Minimumsize

            Openseason

            GOM cod
            Dailypossession
              limit

            Minimumsize

            Openseason

            2018 Measures
            12
            17″ (43.2 cm)
            May 1-Sep 16; Nov 1-Feb 28/29; April 15-Apr 30
            Closed.

            2019 Proposed
            15
            17″ (43.2 cm)
            May 1-Feb 28/29; Apr 15-Apr 30
            1
            21″ (51.3 cm)
            Sept 15-30; Apr 15-Apr 30.

        2. Fishing Year 2019 Georges Bank Cod Recreational Management Measures
        Background
        As part of Framework 57 to the FMP, the Council provided the Regional Administrator authority to adjust the GB cod recreational management measures for fishing years 2018 and 2019. Unlike GOM cod and haddock, there is no recreational sub-ACL for GB cod and no accountability measures for the recreational fishery when an overage occurs. The Council did not consider a recreational sub-ACL in Framework 57, but the Council recommended a catch target of 138 mt for us to use when considering adjustments to GB cod measures. The catch target was based on the most recent 5-year (calendar years 2012-2016) average recreational catch. The Council expects that measures designed to achieve this target amount for the recreational fishery will help the overall fishery attain, but not exceed, its overall ACL. We adjusted recreational GB cod measures for fishing year 2018. This was the first time GB cod recreational measures had been changed since 2010. We increased the minimum size by 1 inch (2.54 cm) (from 22 to 23 in, 55.9 to 58.4 cm) and reduced the unlimited for-hire (party/charter) bag limit to 10 fish per person, consistent with private vessel's bag limit. To avoid using potentially anomalous results from the highly variable MRIP catch estimates for GB cod, we used a 3-year average catch estimate to better represent long-term trends. We then compared that catch estimate with the catch target to determine if adjustments to the management measures were needed. Because the 3-year average was higher than the catch target, we adjusted fishing year 2018 measures as described above.
        This year, the Council asked that we consider alternative methods to evaluate GB cod catch and examine management needs. Even if the preliminary catch estimate for 2018 was zero, the 3-year average would still be greater than the catch target of 138 mt due to an extremely high 2016 catch estimate.
        Proposed Measures
        Catch of GB cod was substantially less in 2017 (53 mt) compared to 2016 (477 mt). Preliminary estimates of 2018 catch (57 mt) are similar to 2017, indicating that estimated 2016 catch may have been an anomaly (Table 5).

          Table 5—Recreational Catch of GB Cod From Fishing Year 2013-2018 and the 3-Year Moving Average Catch

            Fishing year
            Catch(mt)

            3-Yearaverage catch
              (mt)

            2013
            8.0

            2014
            91.4

            2015
            165.0
            88.1

            2016
            477.5
            244.6

            2017
            53.0
            231.8

            2018 *
            57.0
            195.8

          * Catch in 2018 is an estimate.

        Given that 2017 and 2018 catch levels are low compared to the catch target, the Executive Committee recommended liberalizing management measures for GB cod, reducing the minimum size from 23 inches to 21 inches (58.4 to 53.3 cm). The Executive Committee's recommendation is consistent with the Groundfish Committee's recommendation. The RAP proposed a lower minimum size of 19 inches (48.3 cm). We propose the Council's recommendations for GB cod (see Table 6). A 21-inch (53.3-cm) minimum fish size is consistent with the minimum size proposed for GOM cod and is expected to increase catch by approximately 20 percent (based on size frequencies of 2018 catch). Decreasing the minimum size will allow anglers to retain fish they would have caught and then discarded. The estimated increase in catch would still result in catch lower than the catch target, if effort in 2019 is similar to 2017 and 2018. Given the variability and uncertainty in the GB cod MRIP estimates, a precautionary approach to revising measures is warranted to ensure that the catch target and ACL are not exceeded. In addition, having consistent minimum sizes in GOM and GB is likely to increase compliance.

          Table 6—GB Cod Status Quo and Proposed 2019 Measures

            Georges Bank cod
            Dailypossion
              limit

            Minimumsize

            Open season

            2018 Measures
            10
            23″ (58.4 cm)
            All Year.

            2019 Proposed
            10
            21″ (53.3 cm)
            All Year.

        Classification
        The NMFS Assistant Administrator has made a preliminary determination that this proposed rule is consistent with the Northeast Multispecies FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.
        This proposed rule has been determined to be not significant for purposes of Executive Order (E.O.) 12866.
        The Assistant Administrator for Fisheries finds good cause to have a 15-day comment period in accord with the Administrative Procedures Act and as provided for in the Magnuson-Stevens Act. This rule proposes more liberal management measures for GOM cod, haddock, and GB cod compared to current recreational management measures. The Northeast multispecies fishing year begins on May 1 of each year and continues through April 30 of the following calendar year. Further delaying final action on these proposed measures to allow for a longer comment period than the minimum 15-day amount allowed for by the Magnuson-Stevens Act negatively impacts business planning for the for-hire segment of the fishery, causes confusion in the fishery, and may result in less compliance with the regulations. Additionally, further delay would diminish the value to the public of increasing the haddock possession limit because haddock are abundant near shore during April-June, making this an important season for the recreational haddock fishery. We could not have completed the proposed rule earlier because of the availability of recreational data from MRIP and the required consultation process with the New England Fishery Management Council. This rule is straightforward, and proposes changes that were discussed during a series of public meetings. These are yearly measures that are familiar to and anticipated by fishery participants. Affected and other interested parties participated in the Council's process to develop this action. Use of a longer comment period would further delay the implementation of new recreational management measures which would increase negative economic impacts on affected parties.
        The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination is as follows.
        The SBA defines a small commercial finfishing or shellfishing business as a firm with annual receipts (gross revenue) of up to $11.0 million. A small for-hire recreational fishing business is defined as a firm with receipts of up to $7.5 million. Having different size standards for different types of fishing activities creates difficulties in categorizing businesses that participate in multiple fishing related activities. For purposes of this assessment business entities have been classified into the SBA-defined categories based on which activity produced the highest percentage of average annual gross revenues from 2015-2017, the most recent 3-year period for which data are available. This classification is now possible because vessel ownership data have been added to Northeast permit database. The ownership data identify all individuals who own fishing vessels. Using this information, vessels can be grouped together according to common owners. The resulting groupings were treated as a fishing business for purposes of this analysis. Revenues summed across all vessels in a group and the activities that generate those revenues form the basis for determining whether the entity is a large or small business.
        A for-hire owner and operator can be held liable for violations of the proposed regulations; thus, for-hire business entities are considered directly affected in this analysis. Private anglers are not considered “entities” under the Regulatory Flexibility Act (RFA).
        The Northeast Federal landings database (i.e., vessel trip report data) indicates that a total of 614 vessels held a multispecies for-hire fishing permit in 2017 (the most recent full year of available data). Of the 614 for-hire permitted vessels only 163 actively participated in the for-hire Atlantic cod and haddock fishery in fishing year 2017 (i.e., reported catch of cod or haddock).
        Using vessel ownership information and vessel trip report data it was determined that the 163 actively participating for-hire vessels are owned by 153 unique fishing business entities. The vast majority of the 153 fishing businesses were solely engaged in for-hire fishing, but some also earned revenue from shellfish and/or finfish fishing. The highest percentage of annual gross revenues for all but 20 of the fishing businesses was from for-hire fishing.
        Average annual gross revenue estimates calculated from the most recent three years (2015-2017) indicate that none of the 153 fishing business entities had annual receipts of more than $2.8 million from all of their fishing activities (for-hire, shellfish, and finfish). Therefore, all of the affected fishing business entities are considered “small” by the SBA size standards and thus this action will not disproportionately affect small versus large for-hire business entities.

        The measures proposed are expected to have a positive economic effect on small entities. The proposed measures could increase catch and effort, in a scenario when fishing would otherwise be prohibited. Providing increased fishing opportunities should increase profits.
        This action is not expected to have a significant or substantial effect on small entities. The effects on the regulated small entities identified in this analysis are expected to be positive relative to maintaining the measures in place from 2018. The proposed action liberalizes recreational management measures for GOM cod and haddock and Georges Bank cod. Under the proposed action, small entities would not be placed at a competitive disadvantage relative to large entities, and the regulations would not reduce the profit for any small entities. As a result, an initial regulatory flexibility analysis is not required and none has been prepared.

          List of Subjects in 50 CFR Part 648
          Fisheries, Fishing, Recordkeeping and reporting requirements.

          Dated: May 7, 2019.
          Samuel D. Rauch, III,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

        For the reasons set out in the preamble, 50 CFR part 648 is proposed to be amended as follows:

          PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES

         1. The authority citation for part 648 continues to read as follows:

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

        2. In § 648.89, revise paragraphs (b)(1), (c)(1) and (2) as follows:

          § 648.89
           Recreational and charter/party vessel restrictions.

          (b) * * *
          (1) Minimum fish sizes. Unless further restricted under this section, persons aboard charter or party boats permitted under this part and not fishing under the NE multispecies DAS program or under the restrictions and conditions of an approved sector operations plan, and private recreational fishing vessels may not possess fish in or from the EEZ that are smaller than the minimum fish sizes, measured in total length, as follows:

              Species
              Minimum size
              Inches
              cm

              Cod:

              Inside GOM Regulated Mesh Area 1

              21
              53.3

              Outside GOM Regulated Mesh Area 1

              21
              53.3

              Haddock:

              Inside GOM Regulated Mesh Area 1

              17
              43.2

              Outside GOM Regulated Mesh Area 1

              18
              45.7

              Pollock
              19
              48.3

              Witch Flounder (gray sole)
              14
              35.6

              Yellowtail Flounder
              13
              33.0

              American Plaice (dab)
              14
              35.6

              Atlantic Halibut
              41
              104.1

              Winter Flounder (black back)
              12
              30.5

              Redfish
              9
              22.9

              1 GOM Regulated Mesh Area specified in § 648.80(a).

          (c) * * *
          (1) Private recreational vessels. Persons aboard private recreational fishing vessels during the open season listed in the column titled “Open Season” in Table 1 to paragraph (c) of this section, may not possess more fish in or from the EEZ than the amount listed in the column titled “Possession Limit” in Table 1 to paragraph (c) of this section.
          (i) Closed season. Persons aboard private recreational fishing vessels may not possess species, as specified in the column titled “Species” in Table 1 to paragraph (c) of this section, in or from the EEZ during that species closed season as specified in the column titled “Closed Season” in Table 1 to paragraph (c) of this section.

            Table 1 to Paragraph (c)

              Species
              Open season
              Possession limit
              Closed season

              GB Cod
              All Year
              10
              N/A.

              GOM Cod
              September 15-30; April 15-30
              1
              May 1-September 14; October 1-April 14.

              GB Haddock
              All Year
              Unlimited
              N/A.

              GOM Haddock
              May 1-February 28 (or 29); April 15-30
              12
              March 1-April 14.

              GB Yellowtail Flounder
              All Year
              Unlimited
              N/A.

              SNE/MA Yellowtail Flounder
              All Year
              Unlimited
              N/A.

              CC/GOM Yellowtail Flounder
              All Year
              Unlimited
              N/A.

              American Plaice
              All Year
              Unlimited
              N/A.

              Witch Flounder
              All Year
              Unlimited
              N/A.

              GB Winter Flounder
              All Year
              Unlimited
              N/A.

              GOM Winter Flounder
              All Year
              Unlimited
              N/A.

              SNE/MA Winter Flounder
              All Year
              Unlimited
              N/A.

              Redfish
              All Year
              Unlimited
              N/A.

              White Hake
              All Year
              Unlimited
              N/A.

              Pollock
              All Year
              Unlimited
              N/A.

              N. Windowpane Flounder
              CLOSED
              No retention
              All Year.

              S. Windowpane Flounder
              CLOSED
              No retention
              All Year.

              Ocean Pout
              CLOSED
              No retention
              All Year.

              Atlantic Halibut
              See paragraph (c)(3).

              Atlantic Wolffish
              CLOSED
              No retention
              All Year.

          (2) Charter or Party Boats. Persons aboard party or charter boats during the open season listed in the column titled “Open Season” in Table 2 to paragraph (c) of this section, may not possess more fish in or from the EEZ than the amount listed in the column titled “Possession Limit” in Table 2 to paragraph (c) of this section.

            Table 2 to Paragraph (c)

              Species
              Open season
              Possession limit
              Closed season

              GB Cod
              All Year
              10
              N/A.

              GOM Cod
              September 15-30; April 15-30
              1
              May 1-September 14; October 1-April 14.

              GB Haddock
              All Year
              Unlimited
              N/A.

              GOM Haddock
              May 1-February 28 (or 29); April 15-30
              12
              March 1-April 14.

              GB Yellowtail Flounder
              All Year
              Unlimited
              N/A.

              SNE/MA Yellowtail Flounder
              All Year
              Unlimited
              N/A.

              CC/GOM Yellowtail Flounder
              All Year
              Unlimited
              N/A.

              American Plaice
              All Year
              Unlimited
              N/A.

              Witch Flounder
              All Year
              Unlimited
              N/A.

              GB Winter Flounder
              All Year
              Unlimited
              N/A.

              GOM Winter Flounder
              All Year
              Unlimited
              N/A.

              SNE/MA Winter Flounder
              All Year
              Unlimited
              N/A.

              Redfish
              All Year
              Unlimited
              N/A.

              White Hake
              All Year
              Unlimited
              N/A.

              Pollock
              All Year
              Unlimited
              N/A.

              N Windowpane Flounder
              CLOSED
              No retention
              All Year.

              S Windowpane Flounder
              CLOSED
              No retention
              All Year.

              Ocean Pout
              CLOSED
              No retention
              All Year.

              Atlantic Halibut
              See Paragraph (c)(3)

              Atlantic Wolffish
              CLOSED
              No retention
              All Year.

      [FR Doc. 2019-09685 Filed 5-9-19; 8:45 am]
       BILLING CODE 3510-22-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 660
        [Docket No. 0907301200-91202-01]
        RIN 0648-AY07
        Magnuson-Stevens Act Provisions; Fisheries off West Coast States; Pacific Coast Groundfish Fishery; 2009-2010 Biennial Specifications and Management Measures for Canary Rockfish and Petrale Sole

          AGENCY:
           National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.

          ACTION:
           Proposed rule; request for comments.

          SUMMARY:
           NMFS proposes a rule to revise the 2009 management measures for petrale sole and to revise the 2010 harvest specifications and management measures for petrale sole and canary rockfish taken in the U.S. exclusive economic zone (EEZ) off the coasts of Washington, Oregon, and California.

          DATES:
          Comments on this proposed rule must be received no later than 5 p.m., local time on October 13, 2009.

          ADDRESSES:
          You may submit comments, identified by RIN 0648-AY07 by any one of the following methods:

          • Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal http://www.regulations.gov.
          • Fax: 206-526-6736, Attn: Gretchen Arentzen
          • Mail: Barry A. Thom, Acting Regional Administrator, Northwest Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115-0070, Attn: Gretchen Arentzen.

          Instructions: All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information.
          NMFS will accept anonymous comments (enter N/A in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only.

          Copies of the Draft Environmental Assessment (DEA) prepared for this action is available from the NMFS Northwest Region website at http://www.nwr.noaa.gov or from the mailing and street addresses listed above.

          FOR FURTHER INFORMATION CONTACT:

          Gretchen Arentzen (Northwest Region, NMFS), phone: 206-526-6147, fax: 206-526-6736 and e-mail gretchen.arentzen@noaa.gov.

        SUPPLEMENTARY INFORMATION:
        Electronic Access

        This proposed rule is accessible via the Internet at the Office of the Federal Register's Website at http://www.gpoaccess.gov/fr/index.html. Background information and documents are available at the Pacific Fishery Management Council's website at http://www.pcouncil.org/.
        Background

        The 2009 and 2010 ABCs, OYs and HGs for Pacific coast groundfish species were established in the final rule for the 2009-2010 groundfish harvest specifications and management measures (74 FR 9874, March 6, 2009). This rule proposes interim measures for two species. For petrale sole this action would reduce catches in 2009 by implementing more restrictive management measures, lower the 2010 OY for petrale sole, and implement more restrictive management measures in 2010 to keep projected impacts below the new 2010 OY. For canary rockfish this action would lower the 2010 OY and implement more restrictive 2010 management measures to keep projected impacts below the new 2010 OY. These changes are being proposed because the PFMC received new stock assessments that indicate the stocks are in worse shape than we had thought at the beginning of 2009.
        The Council reviewed a new stock assessment for petrale sole in June, considered questions raised by the Stock Assessment and Review Panel (STAR Panel) and the Scientific and Statistical Committee (SSC), and asked the SSC to review the open issues and report back to the Council in September. While there is uncertainty regarding the results of the final stock assessment, it is likely that, under any outcome, the stock will be overfished at the beginning of 2011 if the entire current petrale OYs are taken in 2009 and 2010. In September the Council will consider the updated information and make a final recommendation for the petrale changes in 2009 and 2010, and make its initial recommendations for management for 2011 and beyond. NMFS anticipates implementing a final rule for 2009 and 2010 in October. The canary rockfish assessment was an update of the prior assessment, incorporating revised historic catch data. This assessment concluded that the stock is more depleted than the previous assessment had indicated. The Council approved the new stock assessment, and the assessment authors will develop a rebuilding analysis. The Council will use the results of the rebuilding analysis in November to consider likely revisions to the rebuilding plan for 2011 and beyond and to recommend OY and harvest revisions in 2010. NMFS anticipates implementing the final rule for 2010 in December 2009.
        This action is needed to respond to the most recently available stock status information during the remainder of 2009 and in 2010, while NMFS and the Council complete the stock assessments, revised rebuilding plans, EIS, and full rulemaking for the 2011 and 2012 specifications and management measures for the entire groundfish fishery.
        The interim measures being proposed in this rule in combination with the existing regulations are designed to prevent the stock status of petrale sole from falling below the overfished threshold at the beginning of 2011, or to speed the rebuilding of petrale sole if it is found to be overfished. These interim measures are also intended to facilitate rebuilding and to ease negative impacts on industry from the anticipated lower 2011-2012 canary rockfish harvest specifications, and more restrictive management measures.
        The Council's policies on setting ABCs, OYs, other harvest specifications, and management measures are discussed in the preamble to the December 31, 2008, proposed rule (73 FR 80516) for 2009-2010 harvest specifications and management measures.
        Routine management measures, as described in the preamble to the 2009-2010 harvest specifications and management measure proposed rule (73 FR 80516, December 31, 2008), will continue to be adjusted to modify fishing behavior during the fishing year to allow a harvest specification to be achieved, or to prevent a harvest specification from being exceeded.
        The following preamble discussion is divided into two parts: harvest specifications and management measures for petrale sole in 2009 and 2010; and harvest specifications and management measures for canary rockfish in 2010.
        Harvest Specifications and Management Measures for Petrale Sole in 2009-2010
        2004 Petrale Sole Stock Assessment
        Petrale sole was last assessed in 2004. The result of that stock assessment was the best available science at the time that the 2007-2008 and the 2009-2010 harvest specifications were developed. For additional discussion of the results of the 2004 petrale sole stock assessment, see the September 29, 2006 proposed rule (71 FR 57764). The 2009-2010 ABCs are based on the 2004 stock assessment which used the default F 40 percent FMSY proxy and the 2009-2010 OYs are derived using the 40-10 harvest policy applied to the ABC for both the northern and southern assessment areas. Also an additional 25 percent reduction was made in the OY contribution for the southern area due to assessment uncertainty, as a precautionary measure. The March 6, 2009 final rule (74 FR 9874) established the 2009 and 2010 coastwide petrale sole harvest specifications, including the OYs of 2,433 mt in 2009 and 2,393 mt in 2010.
        2009 Petrale Sole Stock Assessment
        A new, full stock assessment for petrale sole was presented to the Council at their June 2009 meeting. The draft assessment indicated the stock is depleted to 11.6 percent of its unfished biomass. If the Bmsy management target remained the same as in the 2004 assessment, at 40 percent of the unfished biomass using the proxy for BMSY, the 2009 stock assessment indicates that petrale sole would be overfished in 2011. However, the stock assessment review panel recommended establishing a management target using the biomass that would support maximum sustainable yield (BMSY) as determined from the assessment (referred to as a directly-estimated Bmsy, as opposed to proxy BMSY). This management target was recommended, rather than the standard proxy BMSY, given that BMSY is well estimated. The Groundfish FMP allows use of a directly-estimated BMSY target and defines the overfished level as no less than 50 percent of the directly-estimated BMSY. The draft assessment estimates the stock spawning biomass is at 61 percent of the directly-estimated BMSY and therefore may not be overfished under a directly-estimated BMSY target.
        The Council's Scientific and Statistical Committee (SSC) did not recommend the petrale sole assessment for management decision-making at their June 2009 meeting, but will review it further during summer 2009, and it will be presented for final adoption at the Council's September 2009 meeting. The SSC will also further explore the use of a deterministic BMSY target for the stock when they meet this summer. While the petrale sole assessment is not yet adopted for use in making management decisions, projections from the draft assessment indicate that stock spawning biomass will be driven to a lower level of depletion if the entire 2009 and 2010 OYs are taken. If the entire current 2009 and 2010 OYs are taken, by 2011 the spawning biomass is projected to decline to less than 50 percent of directy-estimated BMSY in this case, which is an overfished state even under a deterministic BMSY target.
        Changes to Petrale Sole Harvest Specifications
        At their June 2009 meeting, the Council identified a point of concern under FMP section 6.2.2 and recommended that NMFS take action to reduce harvest of petrale sole in 2009 and 2010 in response to the preliminary results of the new 2009 stock assessment. The primary purpose of this recommendation is to prevent the status of the petrale sole stock from falling below the overfished threshold at the start of 2011.

        In June 2009, the Groundfish Management Team (GMT), an advisory body to the Council, prepared a preliminary analysis of a range of petrale sole harvest levels for Council consideration. This analysis examined how different levels of petrale sole harvest in 2009 and 2010 affected the petrale sole stock status at the beginning of 2011, under the base case model in the preliminary 2009 petrale sole stock assessment. Based on the results of the GMTs preliminary analysis, the Council chose a preliminary preferred alternative to reduce the existing 2010 petrale sole coastwide OY by 1,200 mt. This action proposes to establish a new 2010 petrale sole coastwide OY of 1,193 mt (Table 2a).
        Though this action does not propose a change in harvest specifications for petrale sole in 2009, it does propose changes to management measures in order to reduce projected mortality of petrale sole in 2009 by approximately 400 mt. Implementing management measures that reduce petrale sole catch in 2009, when combined with reductions in the petrale sole OY for 2010 (and concurrent changes to management measures), results in an increase from 9 percent unfished biomass to 13 percent unfished biomass and from 48 percent to 68 percent of the directy-estimated BMSY under the base case model in the preliminary 2009 stock assessment.
        Based on the analysis presented above, the Council recommended and NMFS is proposing the following changes to petrale sole harvest specifications: reducing the 2010 petrale sole coastwide OY of 2,393 mt by 1,200 mt, resulting in a new 2010 coastwide petrale sole OY of 1,193 mt. This proposed change is listed in Table 2a to 50 CFR 660, Subpart G.
        Changes to Management Measures Affecting Petrale Sole
        Petrale sole is almost exclusively caught in the limited entry non-whiting commercial trawl fishery. Therefore, proposed changes to management measures are only considered in the limited entry non-whiting trawl fishery. The Council recommended preliminary preferred alternative management measures for November-December 2009 and for January-December 2010 to reduce projected catch of petrale sole by approximately 400 mt in 2009 and to prevent projected mortality of petrale sole from exceeding the preliminary preferred 2010 petrale sole OY. In order to reduce projected catches of petrale sole in 2009 and 2010 this proposed rule adjusts management measures that are routinely adjusted during the year to respond to updated fishery information, as described at § 660.370, and does not impose any new management measures. The Council's preliminary preferred alternative management measures result in approximately 1,995 mt projected catch of petrale sole in 2009 and approximately 1,178 mt projected catch of petrale sole in 2010. Changes to management measures include adjusting the seaward boundary of the trawl RCA coastwide and reducing petrale sole cumulative trip limits and/or sub-limits for all trawl gears coastwide.
        Based on the need to reduce catches in 2009 and 2010 to prevent petrale sole stock status from falling below the overfished threshold at the beginning of 2011, the Council recommended and NMFS is proposing changes to management measures in November-December 2009 and for all of 2010. For November-December (Period 6) 2009, the Council recommended and NMFS is proposing the following: shifting the seaward boundary of the trawl RCA to a boundary line approximating the 200-fm (366-m) depth contour North of 40 10' N. lat.; and reducing petrale sole cumulative trip limits and/or sub-limits to 2,000 lb (907 kg) per two months for vessels using all limited entry trawl gear types, coastwide. These proposed 2009 changes are shown in 2009 tables 3 (North) and 3 (South). For 2010, the Council recommended and NMFS is proposing the following: shifting the seaward boundary of the trawl RCA to a boundary line approximating the 200-fm (366-m) depth contour from January-April (Periods 1 and 2) and September-December (Periods 5 and 6) North of 40 10' N. lat.; shifting the seaward boundary of the trawl RCA to a boundary line approximating the 200-fm (366-m) depth contour from January-December South of 40 10' N. lat.; reducing petrale sole cumulative trip limits and/or sub-limits to 1,000 lb (454 kg) per two months for vessels using all limited entry trawl gear types, coastwide, during January-February (Period 1) and November-December (Period 6); reducing petrale sole sub-limits to 18,000 lb (8,165 kg) per two months for vessels using all limited entry trawl gear types, coastwide, from March-October (Periods 2 through 5). These proposed changes to 2010 trip limits are shown in 2010 Tables 3 (North) and 3 (South).
        Harvest Specifications and Management Measures for Canary Rockfish in 2010
        2007 Canary Rockfish Stock Assessment
        Canary rockfish was last assessed in 2007. The results of that stock assessment and rebuilding analysis were the basis for the 2009-2010 harvest specifications, and represented the best available science at that time. For additional discussion of the results of the 2007 canary rockfish stock assessment, see the December 31, 2008 proposed rule, 73 FR 80516. The 2009-2010 harvest specifications and revisions to the rebuilding plan for canary rockfish were established on March 1, 2009. The approach used for setting the 2009-2010 harvest specifications for canary rockfish was the same as that used for setting the 2007-2008 harvest specifications under FMP Amendment 16-4. The 2007 stock assessment fundamentally changed the understanding of stock productivity. The SSC, therefore, recommended changing the Am. 16-4 rebuilding plan. In the rebuilding plan, the Council revised the target rebuilding year from 2063 to 2021 (which was two years longer than F0), but maintained the existing SPR of 88.7%. Nonetheless, the adopted OY for 2009 and 2010 of 105 mt was based on a more conservative SPR of 92.2%. The March 6, 2009 final rule (74 FR 9874) established the 2009 and 2010 coastwide canary rockfish harvest specifications, including the OYs of 105 mt in 2009 and 2010.
        2009 Canary Rockfish Stock Assessment
        An updated stock assessment for canary rockfish was presented to the Council at their June 2009 meeting. The stock assessment indicated the canary rockfish stock is depleted to 23.7 percent of its unfished biomass, compared with a 32.4 percent depletion in 2007. The stock is increasing, but based on the new information in the new stock assessment, the rebuilding plan will need to be revised, and it is anticipated that lower OYs will be required. The Council's SSC recommended the canary rockfish assessment for management decision-making at their June 2009 meeting. At the November Council meeting the PFMC will receive the rebuilding analysis for canary rockfish based on the 2009 stock assessment, for use in the 2011-2012 specifications process. At that time the Council will also decide whether to recommend a revision to the 2010 canary rockfish OY in order to smooth the transition to the revised rebuilding plan and to facilitate rebuilding.
        Changes to 2010 Canary Rockfish OY

        At their June 2009 meeting, the Council recommended that NMFS take action to reduce catches of canary rockfish in 2010 in response to the results of the new 2009 stock assessment update. The primary purpose of taking precautionary measures is to facilitate rebuilding of canary rockfish, and to reduce the socioeconomic impacts of a sudden reduction in harvest specifications that will likely be implemented in 2011. Under the FMP, harvest specifications for species subject to rebuilding requirements may be modified during the biennium if the Council determines they are not adequately conservative to meet rebuilding plan goals. FMP Section 5.5.1
        Canary rockfish is currently overfished and subject to a rebuilding plan. The results of the new rebuilding analysis, that will be based on the new stock assessment update, are scheduled to be presented to the Council at their October 31-November 5, 2009, meeting. At that time, while the Council is considering revisions to the rebuilding plan for 2011 and beyond, they will also consider whether changes should be made in 2010 for the reasons explained above.
        Based on the need to first consider the new rebuilding analysis for 2011-2012 OYs, the Council has not chosen a preferred canary rockfish OY alternative for 2010. Therefore, a range of OYs between 44 mt and 105 mt is proposed in Table 2a of this proposed rule. No changes to catch apportionment of the new 2010 OY are proposed at this time; however, the Council may consider changes to canary rockfish catch apportionment at their September or November 2009 meetings. A final preferred alternative for canary rockfish OY in 2010 will be considered in a supplement to the EA. Changes to 2010 canary rockfish harvest specifications would be implemented in a separate final rule, after the November 2009 Council meeting. Any revisions are anticipated to be in effect on January 1, 2010.
        Changes to Management Measures Affecting Canary Rockfish
        Canary rockfish are caught incidentally in almost every sector of the Pacific Coast groundfish fishery, North of 34° 27' N. lat. To reduce projected catch of canary rockfish below a lower 2010 OY would likely require that additional restrictions be placed on the following fisheries: limited entry non-whiting trawl; limited entry non-tribal whiting trawl; Washington, Oregon, and northern California recreational groundfish; and nearshore commercial non-trawl. The types of potential management changes include, but are not limited to: expansion of the trawl RCA to close areas with high canary bycatch for all or part of the year; expansion of the non-trawl RCA to close areas with high canary bycatch for all or part of the year; reductions in trip limits for co-occurring shelf species in both the LE trawl fishery and in the LE fixed gear fishery and open access commercial fishery; reductions in trip limits for vessels using selective flatfish trawl gear; reductions in recreational fishery season length; closures of recreational fisheries in some areas of the coast for a portion of the year; reduction in recreational bag limits for rockfish or other co-occurring species; a reduction in the bycatch limit for canary rockfish in the LE non-tribal whiting fishery; and the non-whiting Exempted Fishing Permits (EFPs) may also be restricted or terminated in 2010 to reduce their projected catch of canary rockfish (approximately 2.7 mt).
        At their November 2009 meeting where the Council will consider potential changes to the 2010 OY, the Council will consider a wide range of routine management measure alternatives for reducing projected catches of canary rockfish to stay within the new OY. Consideration of new rebuilding information and potential changes to routine management measures will allow the Council to recommend interim measures that would reduce canary rockfish impacts in 2010. A final preferred alternative for canary rockfish management measures in 2010 will be considered in a supplement to the EA. Changes to management measures to reduce projected catch of canary rockfish will be implemented in a separate final rule, after the November 2009 Council meeting. These management measures are anticipated to be in effect on January 1, 2010.
        Classification
        At this time, NMFS has preliminarily determined that the revisions to 2009-2010 harvest specifications and management measures for canary rockfish and petrale sole proposed in this rule are consistent with the national standards of the Magnuson-Stevens Act and other applicable laws. NMFS, in making the final determination, will take into account the data, views, and comments received during the comment period.

        A DEA was prepared for the revisions to the 2009-2010 harvest specifications and management measures for petrale sole and canary rockfish. A copy of the DEA is available online at http://www.nwr.noaa.gov/.
        The Council considered two sets of alternatives for revising the 2009-2010 harvest specifications and management measures for petrale sole and canary rockfish. The first set of alternatives considered more restrictive management measures to reduce catch of petrale sole in 2009 and new harvest specifications for petrale sole in 2010 and management measures necessary to keep projected impacts to petrale sole below the new 2010 OY. The second set of alternatives considered new harvest specifications for canary rockfish in 2010 and a range of management measures necessary to keep projected impacts to canary rockfish below the alternative 2010 OYs.
        The range of management measure alternatives intended to keep total catch of canary at the low end of the ABC/OY alternatives are considered here, since these were the alternatives the Council evaluated in the 2009 and 2010 rulemaking for their effects on small entities.
        NMFS has initially determined that this proposed rule is not significant for purposes of Executive Order 12866.
        An IRFA was prepared, as required by section 603 of the Regulatory Flexibility Act (RFA). The IRFA describes the economic impact this proposed rule, if adopted, would have on small entities. A summary of the analysis follows. A copy of this analysis is available from NMFS (see ADDRESSES).
        The Small Business Administration has established size criteria for all major industry sectors in the US including fish harvesting and fish processing businesses. The RFA recognizes and defines three kinds of small entities: small businesses, small organizations, and small governmental jurisdictions.

        Most permit owners and vessel owners are independent fishermen who are owner/operators of their vessel or members of family owned businesses or members of small partnerships. As such, they are considered to be a small business. Because canary rockfish is taken as bycatch in most groundfish fisheries the description of small entities associated with the 2009 EIS (73 FR 80516) is applicable. The Council estimates that nearly 2,600 small entities harvest groundfish. These entities include those that either target groundfish or harvest groundfish as bycatch and include limited entry trawlers and fixed gear, open access participants, the west coast charterboat fleet, and the tribal fleets. Included in this estimate are businesses, probably fewer than 30, that should be classified as “large” businesses as they are affiliates or components of large processing companies. Following past practice, the Council classifies the four catcher-processors that fish and process in the whiting fishery “large” entities as they are components of large international seafood companies. Noting the exceptions above, the Council has classified all harvesters in the groundfish fishery as “small businesses.”
        In summary, using Small Business Administration standards, most of the estimated 2,600 entities that harvest groundfish are small businesses. The exceptions are the catcher vessels who also fish off Alaska, some shoreside processors, and all catcher-processors and motherships (less than 30) that are affiliated with larger processing companies or large international seafood companies.
        Under the no action petrale sole alternative, groundfish revenues by the non-whiting trawl fleet would be about $28 million in 2009 and in 2010. Under the Council's preferred alternative (P2), the 139 vessels in this fishery would collectively earn $27 million in 2009 and $26 million in 2010. Between 30 and 35 of these vessels would see their revenues fall by more than 5 percent.
        By reducing the 2009 petrale sole harvest and the 2010 petrale sole OY, we may prevent petrale sole from being in an overfished status in 2011, or speed the rebuilding of petrale if it is found to be overfished. By reducing the 2010 canary OY we may facilitate rebuilding of canary rockfish and ease the negative impact on industry from the reduced canary rockfish harvest specifications that will likely result in 2011-2012 from the new stock assessment and rebuilding analysis.
        There are no reporting, recordkeeping or other compliance requirements in the proposed rule.
        No Federal rules have been identified that duplicate, overlap, or conflict with this action.
        NMFS issued Biological Opinions under the ESA on August 10,1990, November 26,1991, August 28,1992, September 27,1993, May 14, 1996, and December 15, 1999 pertaining to the effects of the Pacific Coast groundfish FMP fisheries on Chinook salmon (Puget Sound, Snake River spring/summer, Snake River fall, upper Columbia River spring, lower Columbia River, upper Willamette River, Sacramento River winter, Central Valley spring, California coastal), coho salmon (Central California coastal, southern Oregon/northern California coastal), chum salmon (Hood Canal summer, Columbia River), sockeye salmon (Snake River, Ozette Lake), and steelhead (upper, middle and lower Columbia River, Snake River Basin, upper Willamette River, central California coast, California Central Valley, south/central California, northern California, southern California). These biological opinions have concluded that implementation of the FMP for the Pacific Coast groundfish fishery was not expected to jeopardize the continued existence of any endangered or threatened species under the jurisdiction of NMFS, or result in the destruction or adverse modification of critical habitat.
        NMFS reinitiated a formal section 7 consultation under the ESA in 2005 for both the Pacific whiting midwater trawl fishery and the groundfish bottom trawl fishery. The December 19, 1999, Biological Opinion had defined an 11,000 Chinook incidental take threshold for the Pacific whiting fishery. During the 2005 Pacific whiting season, the 11,000 fish Chinook incidental take threshold was exceeded, triggering reinitiation. Also in 2005, new data from the West Coast Groundfish Observer Program became available, allowing NMFS to complete an analysis of salmon take in the bottom trawl fishery.
        NMFS prepared a Supplemental Biological Opinion dated March 11, 2006, which addressed salmon take in both the Pacific whiting midwater trawl and groundfish bottom trawl fisheries. In its 2006 Supplemental Biological Opinion, NMFS concluded that catch rates of salmon in the 2005 whiting fishery were consistent with expectations considered during prior consultations. Chinook bycatch has averaged about 7,300 fish over the last 15 years and has only occasionally exceeded the reinitiation trigger of 11,000 fish.
        Since 1999, annual Chinook bycatch has averaged about 8,450 fish. The Chinook ESUs most likely affected by the whiting fishery has generally improved in status since the 1999 section 7 consultation. Although these species remain at risk, as indicated by their ESA listing, NMFS concluded that the higher observed bycatch in 2005 does not require a reconsideration of its prior “no jeopardy” conclusion with respect to the fishery. For the groundfish bottom trawl fishery, NMFS concluded that incidental take in the groundfish fisheries is within the overall limits articulated in the Incidental Take Statement of the 1999 Biological Opinion. The groundfish bottom trawl limit from that opinion was 9,000 fish annually. NMFS will continue to monitor and collect data to analyze take levels. NMFS also reaffirmed its prior determination that implementation of the Groundfish FMP is not likely to jeopardize the continued existence of any of the affected ESUs.
        Lower Columbia River coho (70 FR 37160, June 28, 2005) were recently listed and Oregon Coastal coho (73 FR 7816, February 11, 2008) were recently relisted as threatened under the ESA. The 1999 biological opinion concluded that the bycatch of salmonids in the Pacific whiting fishery were almost entirely Chinook salmon, with little or no bycatch of coho, chum, sockeye, and steelhead. The Southern Distinct Population Segment (DPS) of green sturgeon (71 FR 17757, April 7, 2006) were also recently listed as threatened under the ESA. As a consequence, NMFS has reinitiated its Section 7 consultation on the PFMC's Groundfish FMP.
        After reviewing the available information, NMFS concluded that, in keeping with Sections 7(a) (2) and 7(d) of the ESA, the proposed action would not result in any irreversible or irretrievable commitment of resources that would have the effect of foreclosing the formulation or implementation of any reasonable and prudent alternative measures.
        With regards to marine mammals, sea turtles, and seabirds, we are reviewing the available data on fishery interactions and have entered into pre-consultation with the United States Fish and Wildlife Service, NMFS and other Federal agencies. In additions, we have begun discussions with Council staff on the process to address the concerns, if any, that arise from our review of the data.
        Pursuant to Executive Order 13175, this proposed rule was developed after meaningful consultation and collaboration with tribal officials from the area covered by the FMP. Under the Magnuson-Stevens Act at 16 U.S.C. 1852(b)(5), one of the voting members of the Pacific Council must be a representative of an Indian tribe with federally recognized fishing rights from the area of the Council's jurisdiction.

          List of Subjects in 50 CFR Part 660
          Fisheries, Fishing, Indian Fisheries.

          Dated: September 8, 2009.
          Samuel D. Rauch III,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

        For the reasons set out in the preamble, 50 CFR part 660 is proposed to be amended as follows:

          PART 660—FISHERIES OFF WEST COAST STATES

        1. The authority citation for part 660 continues to read as follows:

          Authority:
          16 U.S.C. 1801 et seq. and 16 U.S.C. 773 et seq.

        2. Tables 2a and 2c to part 660, subpart G, and footnotes “/k” and “/r” are revised to read as follows:
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          EP11se09.001

          EP11se09.002

          EP11se09.003

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        /k A petrale sole stock assessment was prepared for 2005. In 2005 the petrale sole stock was estimated to be at 32 percent of its unfished biomass coastwide (34 percent in the northern assessment area and 29 percent in the southern assessment area). The 2010 ABC of 2,751 mt is based on the 2005 assessment with a F40% FMSY proxy. To derive the 2010 OY, the 40 10 harvest policy was applied to the ABC for both the northern and southern assessment areas. As a precautionary measure, an additional 25 percent reduction was made in the OY contribution for the southern area due to assessment uncertainty. As another precautionary measure, an additional 1,200 mt reduction was made in the coastwide OY due to preliminary results of the more pessimistic 2009 stock assessment. The coastwide OY is 1,193 mt in 2010.
        /r A canary rockfish stock assessment was completed in 2007 and the stock was estimated to be at 32.7 percent of its unfished biomass coastwide in 2007. The coastwide ABC of 940 mt is based on a FMSY proxy of F50%. The OY of 105 mt is based on a rebuilding plan with a target year to rebuild of 2021 and a SPR harvest rate of 88.7 percent. An OY of 44 mt or 85 mt would be based on a new rebuilding analysis to be considered in November 2009.
        3. Beginning November 1, 2009, Tables 3 (North) and 3 (South) to part 660, subpart G are revised to read as follows:
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          EP11se09.005

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        4. Beginning January 1, 2010, Tables 3 (North) and 3 (South) to part 660, subpart G are revised to read as follows:

          EP11se09.009

          EP11se09.010

          EP11se09.011

          EP11se09.012

          EP11se09.013

      [FR Doc. E9-21960 Filed 9-10-09; 8:45 am]
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