        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 648
        [Docket No. 200513-0139]
        RIN 0648-BJ12
        Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 59

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

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:
          This action proposes to approve and implement Framework Adjustment 59 to the Northeast Multispecies Fishery Management Plan. This rule would set or adjust catch limits for 19 of the 20 multispecies (groundfish) stocks, and make minor changes to groundfish management measures. This action is necessary to respond to updated scientific information and to achieve the goals and objectives of the fishery management plan. The proposed measures are intended to help prevent overfishing, rebuild overfished stocks, achieve optimum yield, and ensure that management measures are based on the best scientific information available.

          DATES:
          Comments must be received by June 15, 2020.

          ADDRESSES:
          You may submit comments, identified by NOAA-NMFS-2020-0013 by either of the following methods:
          • Electronic Submission: Submit all electronic public comments via the Federal eRulemaking Portal.
          1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0013;

          2. Click the “Comment Now!” icon and 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 Proposed Rule for Groundfish Framework Adjustment 59.”

            Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by us. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. We will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

          Copies of Framework Adjustment 59, including the draft Environmental Assessment, the Regulatory Impact Review, and the Regulatory Flexibility Act Analysis prepared by the New England Fishery Management Council in support of this action, are available from Thomas A. Nies, Executive Director, New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950. The supporting documents are also accessible via the internet at: http://www.nefmc.org/management-plans/northeast-multispecies or http://www.regulations.gov.

          FOR FURTHER INFORMATION CONTACT:

          Liz Sullivan, Fishery Policy Analyst, phone: 978-282-8493; email: Liz.Sullivan@noaa.gov.

        SUPPLEMENTARY INFORMATION:
        Table of Contents

          1. Summary of Proposed Measures
          2. Fishing Year 2020 Shared U.S./Canada Quotas
          3. Catch Limits for Fishing Years 2020-2022
          4. Regulatory Corrections Under Secretarial Authority

        1. Summary of Proposed Measures
        This action would implement the management measures in Framework Adjustment 59 to the Northeast Multispecies Fishery Management Plan (FMP). The New England Fishery Management Council reviewed the proposed regulations and deemed them consistent with, and necessary to implement, Framework 59 in a March 20, 2020, letter from Council Chairman Dr. John Quinn to Regional Administrator Michael Pentony. Under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), we are required to publish proposed rules for comment after preliminarily determining whether they are consistent with applicable law. The Magnuson-Stevens Act allows us to approve, partially approve, or disapprove measures that the Council proposes based only on whether the measures are consistent with the fishery management plan, plan amendment, the Magnuson-Stevens Act and its National Standards, and other applicable law. Otherwise, we must defer to the Council's policy choices. We are seeking comments on the Council's proposed measures in Framework 59. Through Framework 59, the Council proposes to:
        • Set fishing year 2020 shared U.S./Canada quotas for Georges Bank (GB) yellowtail flounder and eastern GB cod and haddock;
        • Set 2020-2022 specifications, including catch limits, for 15 groundfish stocks;
        • Adjust 2020 allocations for four groundfish stocks: Gulf of Maine (GOM) winter flounder, Southern New England/Mid-Atlantic (SNE/MA) winter flounder, redfish, and ocean pout;
        • Address commercial/recreational allocation issues raised by new Marine Recreational Information Program (MRIP) data; and
        • Revise the GB cod Incidental Catch total allowable catch (TAC) to remove the allocation to the Closed Area I Hook Gear Haddock Special Access Program (SAP).
        This action also proposes regulatory corrections that are not part of Framework 59, but that may be considered and implemented under our section 305(d) authority in the Magnuson-Stevens Act to make changes necessary to carry out the FMP. We are proposing these corrections in conjunction with the Framework 59 proposed measures for expediency purposes. These proposed corrections are described in Section 4, Regulatory Corrections under Secretarial Authority.
        2. Fishing Year 2020 Shared U.S./Canada Quotas
        Management of Transboundary Georges Bank Stocks

        Eastern GB cod, eastern GB haddock, and GB yellowtail flounder are jointly managed with Canada under the United States/Canada Resource Sharing Understanding. The Transboundary Management Guidance Committee (TMGC) is a government-industry committee made up of representatives from the United States and Canada. For historical information about the TMGC see: http://www.bio.gc.ca/info/intercol/tmgc-cogst/index-en.php. Each year, the TMGC recommends a shared quota for each stock based on the most recent stock information and the TMGC's harvest strategy. The TMGC's harvest strategy for setting catch levels is to maintain a low to neutral risk (less than 50 percent) of exceeding the fishing mortality limit for each stock. The harvest strategy also specifies that when stock conditions are poor, fishing mortality should be further reduced to promote stock rebuilding. The shared quotas are allocated between the United States and Canada based on a formula that considers historical catch (10-percent weighting) and the current resource distribution (90-percent weighting).
        For GB yellowtail flounder, the Council's Scientific and Statistical Committee (SSC) also recommends an acceptable biological catch (ABC) for the stock. The ABC is typically used to inform the U.S. TMGC's discussions with Canada for the annual shared quota. Although the stock is jointly managed with Canada, and the TMGC recommends annual shared quotas, the Council may not set catch limits that would exceed the SSC's recommendation. The SSC does not recommend ABCs for eastern GB cod and haddock because they are management units of the total GB cod and haddock stocks. The SSC recommends overall ABCs for the total GB cod and haddock stocks. The shared U.S./Canada quota for eastern GB cod and haddock is included in these overall ABCs, and must be consistent with the SSC's recommendation for the total GB stocks.
        2020 U.S./Canada Quotas

        The Transboundary Resources Assessment Committee conducted assessments for the three transboundary stocks in July 2019, and detailed summaries of these assessments can be found at: https://www.nefsc.noaa.gov/assessments/trac/. The TMGC met in September 2019 to recommend shared quotas for 2020 based on the updated assessments, and the Council adopted the TMGC's recommendations in Framework 59. The proposed 2020 shared U.S./Canada quotas, and each country's allocation, are listed in Table 1.

          Table 1—Proposed 2020 Fishing Year U.S./Canada Quotas and Percent of Quota Allocated to Each Country
          [Mt, live weight]

            Quota
            Eastern GB cod
            Eastern GB haddock

            GB yellowtail flounder

            Total Shared Quota
            650
            30,000
            162

            U.S. Quota
            188.5 (29%)
            16,200 (54%)
            120 (74%)

            Canadian Quota
            461.5 (71%)
            13,800 (46%)
            42 (26%)

        The proposed 2020 U.S. quota for eastern GB cod would represent a 0.3-percent decrease compared to 2019; the proposed 2020 U.S. quota for eastern GB haddock and GB yellowtail flounder would represent 8-percent and 13-percent increases, respectively, compared to 2019. The slight quota decrease for eastern GB cod is due to a decision on how to round the share of the quota allotted to each country. The increase for eastern GB haddock is due to an increase in the portion of the shared quota that is allocated to the United States. The increase for GB yellowtail flounder is due to an increase in the total shared ABC for the stock, despite a slight decrease in the portion of the quota that is allocated to the United States. For a more detailed discussion of the TMGC's 2020 catch advice, see the TMGC's guidance document that will be posted at: https://www.greateratlantic.fisheries.noaa.gov/. The 2020 U.S. quotas for eastern GB cod, eastern GB haddock, and GB yellowtail that are proposed in Framework Adjustment 59, if approved, will replace the 2020 quotas previously specified for these stocks (85 FR 23229; April 27, 2020). This is discussed further in Section 3, Catch Limits for the 2020-2022 Fishing Years.
        The regulations implementing the U.S./Canada Resource Sharing Understanding require deducting any overages of the U.S. quota for eastern GB cod, eastern GB haddock, or GB yellowtail flounder from the U.S. quota in the following fishing year. If catch information for the 2019 fishing year indicates that the U.S. fishery exceeded its quota for any of the shared stocks, we will reduce the respective U.S. quotas for the 2020 fishing year in a future management action, as close to May 1, 2020, as possible. If any fishery that is allocated a portion of the U.S. quota exceeds its allocation and causes an overage of the overall U.S. quota, the overage reduction would be applied only to that fishery's allocation in the following fishing year. This ensures that catch by one component of the overall fishery does not negatively affect another component of the overall fishery.
        3. Catch Limits for Fishing Years 2020-2022
        Summary of the Proposed Catch Limits

        Tables 2 through 11 show the proposed catch limits for the 2020-2022 fishing years. A brief summary of how these catch limits were developed is provided below. More details on the proposed catch limits for each groundfish stock can be found in Appendix II (Calculation of Northeast Multispecies Annual Catch Limits, FY 2020-FY 2022) to the Framework 59 Environmental Assessment (see ADDRESSES for information on how to get this document).
        Through Framework 59, the Council proposes to adopt catch limits for 14 groundfish stocks for the 2020-2022 fishing years based on stock assessments completed in 2019, and fishing year 2020-2021 specifications for GB yellowtail flounder. Framework 57 (83 FR 18985; May 1, 2018) previously set 2020 quotas for the five groundfish stocks not assessed in 2019 (GOM winter flounder, SNE/MA winter flounder, redfish, ocean pout, and Atlantic wolffish), based on assessments conducted in 2017. This action would include minor adjustments for four of these stocks (excluding Atlantic wolffish) for fishing year 2020. Table 2 details the percent change in the 2020 catch limit compared to the 2019 fishing year.
        Because Framework 59 is not in place in time for the May 1 start to the fishing year, the fishing year 2020 quotas previously set by Frameworks 57 and 58 are in effect from May 1, 2020, through April 20, 2021, unless and until replaced by the quotas proposed in this action. However, neither framework set a 2020 quota for the eastern portion of the GB cod and haddock stocks. A default quota for eastern GB cod and eastern GB haddock required by current regulations will be in effect from May 1, 2020, through July 31, 2020, unless and until replaced by the quotas proposed in this action (85 FR 23229; April 27, 2020).
        Overfishing Limits and Acceptable Biological Catches

        The overfishing limit (OFL) is calculated to set the maximum amount of fish that can be caught in a year, without constituting overfishing. The ABC is typically set lower than the OFL to account for scientific uncertainty. For GB cod, GB haddock, and GB yellowtail flounder, the total ABC is reduced by the amount of the Canadian quota (see Table 1 for the Canadian and U.S. shares of these stocks). Although the TMGC recommendations were only for fishing year 2020, the portion of the shared quota allocated to Canada in fishing 2020 was used to project U.S. ABCs for GB yellowtail for 2021 and for GB cod and haddock for 2021 and 2022. This avoids artificially inflating the U.S. ABC up to the total ABC for the 2021 and 2022 fishing years. The TMGC will make new recommendations for 2021, which would replace any quotas for these stocks set in this action. Additionally, although GB winter flounder, white hake, and Atlantic halibut are not jointly managed with Canada, there is some Canadian catch of these stocks. Because the total ABC must account for all sources of fishing mortality, expected Canadian catch of GB winter flounder (26 mt), white hake (39 mt), and Atlantic halibut (41 mt) is deducted from the total ABC. The U.S. ABC is the amount available to the U.S. fishery after accounting for Canadian catch (see Table 2). For stocks without Canadian catch, the U.S. ABC is equal to the total ABC.
        Based on the SSC's recommendation, the Council proposed continuing to set the OFLs as unknown for GB yellowtail flounder, witch flounder, and Atlantic halibut. Additionally, the SSC recommended setting the OFL for GB cod as unknown. Empirical stock assessments are used for these four stocks, and these assessments can no longer provide quantitative estimates of the status determination criteria nor were appropriate proxies for stock status determination developed. In the temporary absence of an OFL, given recent catch data and estimated trends in stock biomass showing stability or improvement in stock conditions, we have preliminarily determined that these ABCs are a sufficient limit for preventing overfishing and are consistent with the National Standards. This action does not propose any changes to the status determination criteria for these stocks.

          Table 2—Proposed Fishing Years 2020-2022 Overfishing Limits and Acceptable Biological Catches
          [Mt, live weight]

            Stock
            2020
            OFL
            U.S. ABC
            Percent change from 2019
            2021
            OFL
            U.S. ABC
            2022
            OFL
            U.S. ABC

            GB Cod
            UNK
            1,291
            −29
            UNK
            1,291
            UNK
            1,291

            GOM Cod
            724
            552
            −21
            929
            552
            1,150
            552

            GB Haddock
            184,822
            131,567
            126
            116,883
            76,537
            114,925
            75,056

            GOM Haddock
            25,334
            19,696
            58
            21,521
            16,794
            14,834
            11,526

            GB Yellowtail Flounder
            UNK
            120
            13
            UNK
            120

            SNE/MA Yellowtail Flounder
            31
            22
            −68
            71
            22
            184
            22

            CC/GOM Yellowtail Flounder
            1,136
            823
            61
            1,076
            823
            1,116
            823

            American Plaice
            4,084
            3,155
            96
            3,740
            2,881
            3,687
            2,825

            Witch Flounder
            UNK
            1,483
            49
            UNK
            1,483
            UNK
            1,483

            GB Winter Flounder
            790
            561
            −31
            944
            561
            1,590
            561

            GOM Winter Flounder *
            596
            447
            0

            SNE/MA Winter Flounder *
            1,228
            727
            0

            Redfish *
            15,852
            11,942
            1

            White Hake
            2,857
            2,147
            −27
            2,906
            2,147
            2,986
            2,147

            Pollock
            35,358
            27,447
            −32
            28,475
            22,062
            21,744
            16,812

            N. Windowpane Flounder
            84
            59
            −36
            84
            59
            84
            59

            S. Windowpane Flounder
            568
            426
            −10
            568
            426
            568
            426

            Ocean Pout *
            169
            127
            0

            Atlantic Halibut
            UNK
            106
            2
            UNK
            106
            0
            106

            Atlantic Wolffish *
            120
            90
            0

          CC = Cape Cod; N = Northern; S = Southern; UNK = Unknown.
          * The GOM winter flounder, SNE/MA winter flounder, redfish, ocean pout, and Atlantic wolffish stocks have U.S. ABCs previously approved in Framework 57, based on the 2017 assessments. All other stocks' proposed ABCs based on the 2019 assessments.

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

        Annual Catch Limits
        Development of Annual Catch Limits

        The U.S. ABC for each stock is divided among the various fishery components to account for all sources of fishing mortality. An estimate of catch expected from state waters and the other sub-component (e.g., non-groundfish fisheries or some recreational groundfish fisheries) is deducted from the U.S. ABC. The remaining portion of the U.S. ABC is distributed to the fishery components that receive an allocation for the stock. Components of the fishery that receive an allocation have a sub-annual catch limit (sub-ACL) set by reducing their portion of the ABC to account for management uncertainty and are subject to AMs if they exceed their respective catch limit during the fishing year. For GOM cod and haddock only, the U.S. ABC is first divided between the commercial and recreational fisheries, before being further divided into sub-component and sub-ACLs. This process is described fully in Appendix II of the Framework 59 Environmental Assessment.
        Sector and Common Pool Allocations

        For stocks allocated to sectors, the commercial groundfish sub-ACL is further divided into the non-sector (common pool) sub-ACL and the sector sub-ACL, based on the total vessel enrollment in sectors and the cumulative potential sector contributions (PSC) associated with those sectors. The sector and common pool sub-ACLs proposed in this action are based on final fishing year 2020 sector rosters. All permits enrolled in a sector, and the vessels associated with those permits, had until April 30, 2020, to withdraw from a sector and fish in the common pool for the 2020 fishing year. In addition to the enrollment delay, all permits that changed ownership after the roster deadline were able to join a sector (or change sector) through April 30, 2020.
        Common Pool Total Allowable Catches
        The common pool sub-ACL for each allocated stock (except for SNE/MA winter flounder) is further divided into trimester TACs. Table 5 summarizes the common pool trimester TACs proposed in this action.

        Incidental catch TACs are also specified for certain stocks of concern (i.e., stocks that are overfished or subject to overfishing) for common pool vessels fishing in the special management programs (i.e., special access programs (SAP) and the Regular B Days-at-Sea (DAS) Program), in order to limit the catch of these stocks under each program. Tables 7 through 10 summarize the proposed Incidental Catch TACs for each stock and the distribution of these TACs to each special management program.
        Recreational Allocations
        Amendment 16 established the method for determining the commercial and recreational allocations of GOM cod and haddock based on the ratio of reported landings (for commercial and recreational) and discards (commercial only) for the time period 2001-2006 using data from the Groundfish Assessment Review Meeting III (GARM III). Based on this method and the catch data available at the time, since 2010 the recreational fishery has been annually allocated 33.7 percent of the GOM cod ABC and 27.5 percent of the GOM haddock ABC. As described above, the recreational sub-ACL is set by reducing the recreational portion of the ABC to account for management uncertainty.
        The 2019 stock assessments used updated data to assess groundfish stocks including GOM cod and haddock. Data changes since 2010 include updated commercial landings and discards, the incorporation of recreational discards, and Marine Recreational Information Program (MRIP) recreational landings and discards, which were revised following the transition from the telephone-based effort survey to the mail-based effort survey and the re-calibration of recreational catch estimates from 1981 to the present. Framework 59 proposes to apply the same method approved in Amendment 16 but with the revised data for the same time period of 2001-2006, which would result in a revised recreational allocation of 37.5 percent for GOM cod and 33.9 percent for GOM haddock. The remaining portion of the ABC (62.5 percent for GOM cod, 66.1 percent for GOM haddock) would be allocated to the commercial fisheries, which include the federal commercial groundfish fishery, state commercial fishery, and other federal fisheries. Table 11 shows the original and proposed split in allocations as a percentage for the commercial and recreational fisheries for GOM cod and haddock.
        Closed Area I Hook Gear Haddock SAP
        The Omnibus Essential Fish Habitat Amendment (OHA2) (83 FR 15240; April 9, 2018) eliminated the year-round closure of Closed Area I. When OHA2 eliminated Closed Area I, the Closed Area I Hook Gear Haddock SAP was no longer necessary, because the geographic area is now an open area accessible to groundfish vessels using hook gear (with the exception of the Seasonal Closed Area I North closure). In a separate rulemaking, we have proposed to remove the Closed Area I Hook Gear Haddock SAP under the Regional Administrator's authority (85 FR 19129; April 6, 2020). Because changes in allocations require Council action, the Council proposed in Framework 59 to remove the portion of the Incidental Catch Total Allowable Catch (TAC) for GB cod that is allocated to the Closed Area I Hook Gear Haddock SAP. The allocation of the GB cod Incidental Catch TAC would remain for the Regular B Days-at-Sea Program and the Eastern U.S./Canada Haddock SAP (Table 8).
        Default Catch Limits for Future Fishing Years
        Framework 53 established a mechanism for setting default catch limits in the event a future management action is delayed. If final catch limits have not been implemented by the start of a fishing year on May 1, then default catch limits are set at 35 percent of the previous year's catch limit. The default catch limits are effective until July 31 of that fishing year, or when replaced by new catch limits, whichever happens first. If the default value is higher than the Council's recommended catch limit for the upcoming fishing year, the default catch limits will be equal to the Council's recommended catch limits for the applicable stocks for the upcoming fishing year. Because groundfish vessels are not able to fish if final catch limits have not been implemented, this measure was established to minimize disruption to the groundfish fishery. Additional description of the default catch limit mechanism is provided in the preamble to the Framework 53 final rule (80 FR 25110; May 1, 2015).

          Table 3—Proposed Catch Limits for the 2020 Fishing Year
          [Mt, live weight]

            Stock
            TotalACL

            Groundfishsub-ACL

            Sectorsub-ACL

            Commonpool
              sub-ACL

            Recreationalsub-ACL

            Midwatertrawl
              fishery

            Scallopfishery

            Small-mesh
              fisheries

            Statewaters
              sub-
              component

            Othersub-
              component

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

            GB Cod
            1,234
            1,073
            1,041
            31

            19
            142

            GOM Cod
            523
            468
            267
            9
            193

            48
            7

            GB Haddock
            124,969
            121,864
            119,410
            2,454

            2,447

            0
            658

            GOM Haddock
            18,580
            18,267
            11,754
            303
            6,210
            183

            65
            65

            GB Yellowtail Flounder
            116
            95
            92
            3

            18.6
            2.2
            0.0
            0.0

            SNE/MA Yellowtail Flounder
            21
            15
            12
            3

            2

            0
            4

            CC/GOM Yellowtail Flounder
            787
            688
            656
            32

            58
            41

            American Plaice
            3,000
            2,937
            2,859
            78

            32
            32

            Witch Flounder
            1,414
            1,310
            1,275
            35

            44
            59

            GB Winter Flounder
            545
            522
            502
            21

            0
            22

            GOM Winter Flounder
            432
            287
            272
            14

            139
            7

            SNE/MA Winter Flounder
            699
            539
            475
            63

            36
            124

            Redfish
            11,351
            11,231
            11,085
            147

            60
            60

            White Hake
            2,041
            2,019
            1,995
            24

            11
            11

            Pollock
            26,184
            23,989
            23,752
            236

            1,098
            1,098

            N. Windowpane Flounder
            55
            38
            na
            38

            12

            1
            5

            S. Windowpane Flounder
            412
            48
            na
            48

            143

            26
            196

            Ocean Pout
            120
            92
            na
            92

            1
            27

            Atlantic Halibut
            102
            77
            na
            77

            21
            4

            Atlantic Wolffish
            84
            82
            na
            82

            1
            1

          na: Not allocated to sectors.

          Table 4—Proposed Catch Limits for the 2021 Fishing Year
          [Mt, live weight]

            Stock
            TotalACL

            Groundfishsub-ACL

            Sectorsub-ACL

            Commonpool
              sub-ACL

            Recreationalsub-ACL

            Midwatertrawl
              fishery

            Scallopfishery

            Small-mesh
              fisheries

            Statewaters
              sub-
              component

            Othersub-
              component

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

            GB Cod
            1,234
            1,073
            1,041
            31

            19
            142

            GOM Cod
            523
            468
            267
            9
            193

            48
            7

            GB Haddock
            72,699
            70,892
            69,465
            1,428

            1,424

            0
            383

            GOM Haddock
            15,843
            15,575
            10,022
            258
            5,295
            156

            56
            56

            GB Yellowtail Flounder
            116
            95
            92
            3

            19
            2
            0
            0

            SNE/MA Yellowtail Flounder
            21
            15
            12
            3

            2

            0
            4

            CC/GOM Yellowtail Flounder
            787
            688
            656
            32

            58
            41

            American Plaice
            2,740
            2,682
            2,611
            71

            29
            29

            Witch Flounder
            1,414
            1,310
            1,275
            35

            44
            59

            GB Winter Flounder
            545
            522
            502
            21

            0
            22

            GOM Winter Flounder *

            0
            0

            SNE/MA Winter Flounder *

            0
            0

            Redfish *

            0
            0

            White Hake
            2,041
            2,019
            1,995
            24

            11
            11

            Pollock
            21,047
            19,282
            19,092
            190

            882
            882

            N. Windowpane Flounder
            55
            38
            na
            38

            12

            1
            5

            S. Windowpane Flounder
            412
            48
            na
            48

            143

            26
            196

            Ocean Pout *

            Atlantic Halibut
            102
            77
            na
            77

            21
            4

            Atlantic Wolffish *

          na: Not allocated to sectors.
          * These stocks only have an allocation for fishing year 2020, previously approved in Framework 57.

          Table 5—Proposed Catch Limits for the 2022 Fishing Year
          [Mt, live weight]

            Stock
            TotalACL

            Groundfishsub-ACL

            Sectorsub-ACL

            Commonpool
              sub-ACL

            Recreationalsub-ACL

            Midwatertrawl
              fishery

            Scallopfishery

            Small-mesh
              fisheries

            Statewaters
              sub-
              component

            Other sub-component

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

            GB Cod
            1,234
            1,073
            1,041
            31

            19
            142

            GOM Cod
            523
            468
            267
            9
            193

            48
            7

            GB Haddock
            71,292
            69,521
            68,120
            1,400

            1,396

            0
            375

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

            38
            38

            GB Yellowtail Flounder **

            0
            0

            SNE/MA Yellowtail Flounder
            21
            15
            13
            3

            2

            0
            4

            CC/GOM Yellowtail Flounder
            787
            688
            656
            32

            58
            41

            American Plaice
            2,687
            2,630
            2,560
            70

            28
            28

            Witch Flounder
            1,414
            1,310
            1,275
            35

            44
            59

            GB Winter Flounder
            545
            522
            502
            21

            0
            22

            GOM Winter Flounder *

            0
            0

            SNE/MA Winter Flounder *

            0
            0

            Redfish *

            0
            0

            White Hake
            2,041
            2,019
            1,995
            24

            11
            11

            Pollock
            16,039
            14,694
            14,549
            145

            672
            672

            N. Windowpane Flounder
            55
            38
            na
            38

            12

            1
            5

            S. Windowpane Flounder
            412
            48
            na
            48

            143

            26
            196

            Ocean Pout *

            Atlantic Halibut
            102
            77
            na
            77

            21
            4

            Atlantic Wolffish *

          na: Not allocated to sectors.
          * These stocks only have an allocation for fishing year 2020, previously approved in Framework 57.
          ** Framework 59 proposes allocations for GB yellowtail flounder for fishing years 2020 and 2021 only.

          Table 6—Proposed Fishing Years 2020-2022 Common Pool Trimester TACs
          [Mt, live weight]

            Stock
            2020
            Trimester 1
            Trimester 2
            Trimester 3
            2021
            Trimester 1
            Trimester 2
            Trimester 3
            2022
            Trimester 1
            Trimester 2
            Trimester 3

            GB Cod
            8.8
            10.7
            11.9
            8.8
            10.7
            11.9
            8.8
            10.7
            11.9

            GOM Cod
            4.3
            2.9
            1.6
            4.3
            2.9
            1.6
            4.3
            2.9
            1.6

            GB Haddock
            662.7
            810.0
            981.8
            385.5
            471.2
            571.1
            378.1
            462.1
            560.1

            GOM Haddock
            81.8
            78.8
            142.4
            69.8
            67.2
            121.5
            47.9
            46.1
            83.4

            GB Yellowtail Flounder
            0.6
            1.0
            1.7
            0.6
            1.0
            1.7

            SNE/MA Yellowtail Flounder
            0.6
            0.8
            1.5
            0.6
            0.8
            1.5
            0.6
            0.8
            1.5

            CC/GOM Yellowtail Flounder
            18.0
            8.2
            5.4
            18.0
            8.2
            5.4
            18.0
            8.2
            5.4

            American Plaice
            57.6
            6.2
            14.0
            52.6
            5.7
            12.8
            51.6
            5.6
            12.6

            Witch Flounder
            19.5
            7.1
            8.9
            19.5
            7.1
            8.9
            19.5
            7.1
            8.9

            GB Winter Flounder
            1.7
            5.0
            14.2
            1.7
            5.0
            14.2
            1.7
            5.0
            14.2

            GOM Winter Flounder
            5.4
            5.5
            3.6

            Redfish
            36.7
            45.5
            64.6

            White Hake
            9.3
            7.6
            7.6
            9.3
            7.6
            7.6
            9.3
            7.6
            7.6

            Pollock
            66.2
            82.7
            87.5
            53.2
            66.5
            70.3
            40.5
            50.7
            53.6

          Table 7—Proposed Common Pool Incidental Catch TACs for the 2020-2022 Fishing Years
          [Mt, live weight]

            Stock
            Percentage ofcommon pool
              sub-ACL

            2020
            2021
            2022

            GB Cod
            1.68
            0.53
            0.53
            0.53

            GOM Cod
            1
            0.09
            0.09
            0.09

            GB Yellowtail Flounder
            2
            0.07
            0.07

            CC/GOM Yellowtail Flounder
            1
            0.32
            0.32
            0.32

            American Plaice
            5
            3.89
            3.56
            3.49

            Witch Flounder
            5
            1.77
            1.77
            1.77

            SNE/MA Winter Flounder
            1
            0.63

          Table 8—Percentage of Incidental Catch TACs Distributed to Each Special Management Program

            Stock
            Regular B DASprogram
              (%)

            Closed Area Ihook gear haddock SAP
              (%)

            EasternU.S./CA
              haddock SAP
              (%)

            GB Cod
            60
            0
            40

            GOM Cod
            100
            n/a
            n/a

            GB Yellowtail Flounder
            50
            n/a
            50

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

            American Plaice
            100
            n/a
            n/a

            Witch Flounder
            100
            n/a
            n/a

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

          Table 9—Proposed Fishing Years 2020-2022 Incidental Catch TACs for Each Special Management Program
          [Mt, live weight]

            Stock
            Regular B DAS program

            2020
            2021
            2022
            Closed Area I hook gear
              haddock SAP

            2020-2022
            Eastern U.S./Canada haddock SAP

            2020
            2021
            2022

            GB Cod
            0.32
            0.32
            0.32
            0.0
            0.21
            0.21
            0.21

            GOM Cod
            0.09
            0.09
            0.09
            n/a
            n/a
            n/a
            n/a

            GB Yellowtail Flounder
            0.03
            0.03

            n/a
            0.03
            0.03

            CC/GOM Yellowtail Flounder
            0.32
            0.32
            0.32
            n/a
            n/a
            n/a
            n/a

            American Plaice
            3.89
            3.56
            3.49
            n/a
            n/a
            n/a
            n/a

            Witch Flounder
            1.77
            1.77
            1.77
            n/a
            n/a
            n/a
            n/a

            SNE/MA Winter Flounder
            0.63

            n/a
            n/a
            n/a
            n/a

          Table 10—Proposed Fishing Years 2020-2022 Regular B DAS Program Quarterly Incidental Catch TACs
          [Mt, live weight]

            Stock
            2020
            1st quarter
              (13%)

            2nd quarter
              (29%)

            3rd quarter
              (29%)

            4th quarter
              (29%)

            2021
            1st quarter
              (13%)

            2nd quarter
              (29%)

            3rd quarter
              (29%)

            4th quarter
              (29%)

            2022
            1st quarter
              (13%)

            2nd quarter
              (29%)

            3rd quarter
              (29%)

            4th quarter
              (29%)

            GB Cod
            0.04
            0.09
            0.09
            0.09
            0.04
            0.09
            0.09
            0.09
            0.04
            0.09
            0.09
            0.09

            GOM Cod
            0.01
            0.03
            0.03
            0.03
            0.01
            0.03
            0.03
            0.03
            0.01
            0.03
            0.03
            0.03

            GB Yellowtail Flounder
            0.004
            0.010
            0.010
            0.010
            0.00
            0.01
            0.01
            0.01

            CC/GOM Yellowtail Flounder
            0.04
            0.09
            0.09
            0.09
            0.04
            0.09
            0.09
            0.09
            0.04
            0.09
            0.09
            0.09

            American Plaice
            0.51
            1.13
            1.13
            1.13
            0.46
            1.03
            1.03
            1.03
            0.45
            1.01
            1.01
            1.01

            Witch Flounder
            0.23
            0.51
            0.51
            0.51
            0.23
            0.51
            0.51
            0.51
            0.23
            0.51
            0.51
            0.51

            SNE/MA Winter Flounder
            0.08
            0.18
            0.18
            0.18

          Table 11—Current and Proposed Allocations, by Percentage, for Commercial and Recreational Gulf of Maine Cod and Haddock Fisheries

            GOM cod
            Commercial
            Recreational
            GOM haddock
            Commercial
            Recreational

            Current (%)
            66.3
            33.7
            72.5
            27.5

            Proposed (%)
            62.5
            37.5
            66.1
            33.9

        4. Regulatory Corrections Under Secretarial Authority
        The following corrections are being made using Magnuson-Stevens Act section 305(d) authority to ensure that FMPs or amendments are implemented in accordance with the Magnuson-Stevens Act.
        Authority To Change Gear Standard
        In 2007, the Council recommended that the Regional Administrator implement gear performance standards that gear must meet before being considered for use in the Regular B DAS Program and the Eastern U.S./Canada Haddock SAP. On December 26, 2007, we published a final rule approving the Council's recommended gear standards (72 FR 72965). In updating the regulations to reflect the new gear standards, the 2007 rule inadvertently removed the portion of the regulations that gave the Regional Administrator authority to approve additional gear standards, if recommended by the Council. This rulemaking proposes to revise the regulatory text to correctly reflect the Council's original intent.
        Citation for Windowpane Flounder Accountability Measure

        The regulations regarding the windowpane flounder accountability measures include a process by which the AM may be reduced. The regulations implementing this provision include an incorrect citation to a paragraph that was moved to a new location. This action proposes to correct this citation.

        Classification
        Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has made a preliminary determination that this proposed rule is consistent with Framework 59, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment. In making the final determination, we will consider the data, views, and comments received during the public comment period.
        This proposed rule has been determined to be not significant for purposes of Executive Order (E.O.) 12866.
        This proposed rule does not contain policies with federalism or takings implications as those terms are defined in E.O. 13132 and E.O. 12630, respectively.

        An Initial Regulatory Flexibility Analysis (IRFA) was prepared for this proposed rule, as required by section 603 of the Regulatory Flexibility Act, 5 U.S.C. 603. The IRFA describes the economic impact that this proposed rule would have on small entities, including small businesses, and also determines ways to minimize these impacts. The IRFA includes this section of the preamble to this rule and analyses contained in Framework 59 and its accompanying EA/RIR/IRFA. A copy of the full analysis is available from the Council (see ADDRESSES). A summary of the IRFA follows.
        Description of the Reasons Why Action by the Agency Is Being Considered and Statement of the Objectives of, and Legal Basis for, This Proposed Rule
        This action proposes management measures, including annual catch limits, for the multispecies fishery in order to prevent overfishing, rebuild overfished groundfish stocks, and achieve optimum yield in the fishery. A complete description of the action, why it is being considered, and the legal basis for this action are contained in Framework 59, and elsewhere in the preamble to this proposed rule, and are not repeated here.
        Description and Estimate of the Number of Small Entities to Which This Proposed Rule Would Apply
        The proposed rule would impact the recreational groundfish, Atlantic sea scallop, small mesh multispecies, Atlantic herring, and large-mesh non-groundfish fisheries. Individually-permitted vessels may hold permits for several fisheries, harvesting species of fish that are regulated by several different FMPs, even beyond those impacted by the proposed action. Furthermore, multiple-permitted vessels and/or permits may be owned by entities affiliated by stock ownership, common management, identity of interest, contractual relationships, or economic dependency. For the purposes of the Regulatory Flexibility Act analysis, the ownership entities, not the individual vessels, are considered to be the regulated entities.
        As of June 1, 2019, NMFS had issued 801 commercial limited-access groundfish permits associated with vessels (including those in confirmation of permit history), 589 party/charter groundfish permits, 730 limited access and general category Atlantic sea scallop permits, 716 small mesh multispecies permits, 78 Atlantic herring permits, and 834 large-mesh non-groundfish permits (limited access summer flounder and scup permits). Therefore, 3,748 permits are potentially regulated by this action. When accounting for overlap between fisheries, this number falls to 2,177 permitted vessels. Each vessel may be individually owned or part of a larger corporate ownership structure, and for RFA purposes it is the ownership entity that is ultimately regulated by the proposed action. Ownership entities are identified on June 1st of each year based on the list of all permit numbers, for the most recent complete calendar year, that have applied for any type of Northeast Federal fishing permit. The current ownership data set is based on calendar year 2018 permits and contains gross sales associated with those permits for calendar years 2016 through 2018.
        For RFA purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing (NAICS code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide. The determination as to whether the entity is large or small is based on the average annual revenue for the three years from 2016 through 2018. The Small Business Administration (SBA) has established size standards for all other major industry sectors in the U.S., including for-hire fishing (NAICS code 487210). These entities are classified as small businesses if combined annual receipts are not in excess of $8.0 million for all its affiliated operations. As with commercial fishing businesses, the annual average of the three most recent years (2016-2018) is utilized in determining annual receipts for businesses primarily engaged in for-hire fishing.
        Ownership data collected from permit holders indicate that there are 1,670 distinct business entities that hold at least one permit regulated by the proposed action. All 1,670 business entities identified could be directly regulated by this proposed action. Of these 1,670 entities, 1,010 are commercial fishing entities, 305 are for-hire entities, and 355 did not have revenues (were inactive in 2018). Of the 1,010 commercial fishing entities, 998 are categorized as small entities and 12 are categorized as large entities per the NMFS guidelines. All 305 for-hire entities are categorized as small businesses.
        Description of the Projected Reporting, Record-Keeping, and Other Compliance Requirements of This Proposed Rule
        The proposed action does not contain any new collection-of-information requirements under the Paperwork Reduction Act (PRA).
        Federal Rules Which May Duplicate, Overlap, or Conflict With This Proposed Rule
        The proposed action does not duplicate, overlap, or conflict with any other Federal rules.
        Description of Significant Alternatives to the Proposed Action Which Accomplish the Stated Objectives of Applicable Statutes and Which Minimize Any Significant Economic Impact on Small Entities
        The economic impacts of each proposed measure is discussed in more detail in sections 6.5 and 7.12 of the Framework 59 Environmental Assessment and are not repeated here. For the updated groundfish specifications, the No Action alternative was the only other alternative considered by the Council. The proposed action is predicted to generate $70.1 million in gross revenues on the sector portion of the commercial groundfish trips, $4.8 million more than No Action. Fishery-wide operating profits are predicted to be $3.7 million more than No Action. Therefore, there are no alternatives that would have lower economic impacts.

          List of Subjects in 50 CFR Part 648
          Fisheries, Fishing, Reporting and recordingkeeping requirements.

          Dated: May 13, 2020.
          Samuel D. Rauch, III,
          Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

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

          PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES

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

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

        2. Section 648.85 is amended by:
        a. Revising paragraph (b)(5)(ii), and
        b. Adding (b)(6)(iv)(J)(2)(iii).
        The revision and addition read as follows:

          § 648.85
          Special management programs.

          (b) * * *
          (5) * * *
          (ii) GB cod. The Incidental Catch TAC for GB cod specified in this paragraph (b)(5) shall be subdivided as follows: 60 percent to the Regular B DAS Program described in paragraph (b)(6) of this section and 40 percent to the Eastern U.S./Canada Haddock SAP described in paragraph (b)(8) of this section.
          (6) * * *
          (iv) * * *
          (J) * * *
          (2) * * *
          (iii) The Council may recommend to the Regional Administrator an addition or modification to the gear standards specified in paragraph (b)(6)(iv)(J)(2)(i) or (ii) of this section, and the Regional Administrator may approve the Council's recommendation in a manner consistent with the Administrative Procedure Act. If the Regional Administrator does not approve an addition or modification to the gear standards as recommended by the Council, NMFS must provide a written rationale to the Council regarding its decision not to do so.

        3. In § 648.90, revise paragraph (a)(5)(i)(E)(5) to read as follows:

          § 648.90
          NE multispecies assessment, framework procedures and specifications, and flexible area action system.

          (a) * * *
          (5) * * *
          (i) * * *
          (E) * * *
          (5) 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 small AM may be implemented as described in paragraph (a)(5)(i)(E) of this section, consistent with the Administrative Procedure Act. This provision applies to a limited access NE multispecies permitted vessel fishing on a NE multispecies DAS or sector trip, and to all vessels fishing with trawl gear with a codend mesh size equal to or greater than 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).

      [FR Doc. 2020-10732 Filed 5-26-20; 4:15 pm]
      BILLING CODE 3510-22-P


        FEDERAL COMMUNICATIONS COMMISSION
        47 CFR Part 54
        [WT Docket No. 17-80, WC Docket No. 10-90, WT Docket No. 10-208, WC Docket No. 11-10; DA 17-347]
        Connect America Fund; Universal Service Reform—Mobility Fund

          AGENCY:
          Federal Communications Commission.

          ACTION:
          Proposed rule; extension of comment and reply comment period.

          SUMMARY:

          In this document, the Commission extends the deadline for filing comments and reply comments on the Commission's Further Notice of Proposed Rulemaking (FNPRM) in this proceeding, which was published in the Federal Register on March 13, 2017. The Commission also extends the deadline established in a separate Public Notice for filing justifications supporting confidentiality requests relating to mobile speed data filed through the Commission's Form 477.

          DATES:
          The comment and reply comment period for the proposed rule published March 13, 2017 (82 FR 13413) is extended. Submit comments on or before April 26, 2017, and submit reply comments on or before May 11, 2017.

          ADDRESSES:
          All filings in response to the FNPRM must refer to WC Docket No. 10-90 and WT Docket No. 10-208. The Commission strongly encourages parties to develop responses to the Further Notice that adhere to the organization and structure of the Further Notice. All filings in response to the Form 477 Public Notice must refer to WT Docket No. 17-80, WC Docket No. 10-90, WT Docket No. 10-208, and WC Docket No. 11-10. You may submit comments and other filings by any of the following methods:

            Federal Communications Commission's Web site: http://apps.fcc.gov/ecfs/. Follow the instructions for submitting comments.

            Mail: Parties who choose to file by paper must file an original and seven copies of each filing. Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission. All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th Street SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9300 East Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington, DC 20554.

            People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: FCC504@fcc.gov or phone: 202-418-0530 or TTY: 202-418-0432.

          FOR FURTHER INFORMATION CONTACT:
          Audra Hale-Maddox, Audra.Hale-Maddox@fcc.gov, of the Auctions and Spectrum Access Division, Wireless Telecommunications Bureau, (202) 418-0660.

        SUPPLEMENTARY INFORMATION:
        This is a summary of the Commission's Order in WC Docket No. 10-90, WT Docket No. 10-208, WC Docket 11-10, WT Docket No. 17-80, DA 17-347, adopted and released on April 11, 2017, which extends the comment and reply comment filing deadlines established in the FNPRM published under FCC No. 17-11 (82 FR 13413) on March 13, 2017. The deadline to file justifications for requests for confidentiality of mobile speed data submitted through FCC Form 477, initially established in a separate Public Notice (DA 17-286, rel. March 29, 2017) (Form 477 Public Notice), was also extended in this Order. Pursuant to sections 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415, 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).
        Background

        1. On March 7, 2017, the Commission released a Further Notice of Proposed Rulemaking (FNPRM) in WC Docket No. 10-90, WT Docket No. 10-208. The FNPRM set deadlines for filing comments and reply comments at 30 and 45 days, respectively, after publication of the FNPRM in the Federal Register. A summary of the FNPRM was published in the Federal Register on March 13, 2017. 78 FR 39691. Accordingly, the filing dates were established as April 12, 2017 for comments and April 27, 2017 for reply comments. The deadline for filing justifications for confidentiality requests in the Form 477 Public Notice was established as April 12, 2017. On April 7, 2017, CTIA filed a request to extend the comment deadline by 14 days and to extend the reply comment deadline by 14 days thereafter. CTIA also requested a 14-day extension of the justification for confidentiality requests for mobile speed data from the Form 477 Public Notice. CTIA states that these extensions are warranted to establish a full and complete record, better address technically complex and complicated questions, and increase the possibility of its developing an industry consensus proposal for the challenge process before submitting comments and reply comments. We grant the requested extensions.
        2. As set forth in section 1.46 of the Commission's rules, 47 CFR 1.46(a), the Commission's policy is that extensions of time for filing comments in rulemaking proceedings shall not be routinely granted. In the instant case, however, we find that granting an extension of the comment and reply comment periods will serve the public interest by allowing consumer and industry representatives additional time to seek consensus regarding the FNPRM issues and by facilitating the development of a more complete record on complicated issues. Further, given that the Commission has extended the deadlines for filing comments and reply comments in this matter, it will also extend the deadline to submit justifications for confidentiality requests for the minimum advertised or expected 4G LTE mobile speeds included in their Form 477 filings in order to allow the related deadlines to remain aligned.

          Federal Communications Commission.
          Gary D. Michaels,
          Deputy Chief, Auctions and Spectrum Access Division, Wireless Telecommunications Bureau.

      [FR Doc. 2017-08433 Filed 4-24-17; 8:45 am]
       BILLING CODE 6712-01-P


        DEPARTMENT OF COMMERCE
        National Oceanic and Atmospheric Administration
        50 CFR Part 679
        [Docket No. 060307059-6059-01; I.D. 030106B]
        RIN 0648-AU15
        Fisheries of the Exclusive Economic Zone Off Alaska; Seasonal Closure of Chiniak Gully in the Gulf of Alaska to Trawl Fishing

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

          ACTION:
          Proposed rule; request for comments.

          SUMMARY:

          NMFS proposes to close the Chiniak Gully region on the east side of Kodiak Island in the Gulf of Alaska (GOA) to all commercial trawl fishing and testing of trawl gear from August 1 to a date no later than September 20 from 2006 through 2010. NMFS plans to conduct controlled experiments on the effects of commercial fishing on pollock distribution and abundance, as part of a comprehensive investigation of Steller sea lion (SSL) and commercial fishery interactions. This action is needed to support the proposed experimental design by prohibiting commercial trawl fishing in the control site of Chiniak Gully. The proposed research could improve information on pollock movements and on the potential impacts of commercial pollock harvests on prey availability to SSLs. This action is intended to improve information used to evaluate fishery management actions to protect SSLs and their designated critical habitat.

          DATES:
          Comments on this proposed rule must be received by April 26, 2006.

          ADDRESSES:
          Send written comments to Sue Salveson, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region, NMFS, Attn: Records Officer. Comments may be submitted by:
          • Hand delivery: 709 West 9th Street, Room 420A, Juneau, AK.
          • E-mail: 0648-au15-Chiniak-Gully@noaa.gov. Include in the subject line the following document identifier: Chiniak Gully RIN 0648-AU15. E-mail comments, with or without attachments, are limited to 5 megabytes.
          • Webform at the Federal eRulemaking Portal: www.regulations.gov. Follow the instructions at that site for submitting comments.
          • Fax: 907-586-7557.
          • Mail: P.O. Box 21668, Juneau, AK 99802-1668.

          Copies of the environmental assessment/regulatory impact review/initial regulatory flexibility analysis (EA/RIR/IRFA) prepared for this action are available from NMFS at the above address or from the NMFS Alaska Region website at www.fakr.noaa.gov.

          FOR FURTHER INFORMATION CONTACT:
          Becky Carls, 907-586-7228 or becky.carls@noaa.gov.

        SUPPLEMENTARY INFORMATION:

        The groundfish fisheries in the exclusive economic zone of the GOA are managed by NMFS under the Fishery Management Plan (FMP) for Groundfish of the GOA. The FMP was prepared by the North Pacific Fishery Management Council (Council) under the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1801 et seq. Regulations governing U.S. fisheries and implementing the FMP appear at 50 CFR parts 600 and 679.
        Background and Need for Action
        NMFS proposes to conduct a controlled experiment to improve the information available to evaluate management actions to protect SSLs and their designated critical habitat. The proposed action would close the control site of Chiniak Gully to commercial trawling, including the testing of trawl gear, between August 1 and a date no later than September 20 from 2006 through 2010. To minimize impacts on the fishing industry, the area would be open to trawl fishing when the Regional Administrator determines that the experiment would not be conducted that year or that the experiment has been concluded prior to September 20. The experiment is likely to be conducted only in three of the years from 2006 through 2010.
        Pollock is an important prey species for SSLs. Pollock also is one of the most abundant groundfish species in the GOA and supports the largest fishery in waters off the coast of Alaska. This action is needed to facilitate research conducted by NMFS to determine whether commercial trawl fishing results in localized depletion or disturbance of walleye pollock. The research is part of a comprehensive investigation of sea lion and commercial fishery interactions. The goal of the experiment is to identify and quantify the effects of commercial trawl fishing on the availability of pollock to SSLs within a finite area. Information obtained from the experiment may result in a better understanding of fisheries impacts on pollock as SSL prey and may assist in the evaluation of current fishery management measures to protect SSLs and their critical habitat.
        The experiment would be conducted on the east side of Kodiak Island in the Chiniak and Barnabus gullies. These gullies were chosen because they are adjacent, they have similar topographical features, and commercial pollock fisheries occur in both gullies. Barnabas Gully would serve as a treatment site where trawl fishing would be allowed, and Chiniak Gully would serve as a control site where trawl fishing would be prohibited.
        The fishery interaction experiment would occur from August to mid-September. This period was chosen because post-weaning SSL juveniles (one-year-olds) are considered vulnerable to nutritional stress in late summer due to their high caloric needs and their inexperience at capturing prey. Also, fishery management regulations specify an August opening for the area(s commercial pollock fishery, which would coincide with the experiment.
        This experimental design allows analysts to differentiate responses due to fishing from responses due to natural variability because Chiniak Gully and Barnabus Gully are reasonably similar and geographically proximate. Without a control provided by a Chiniak Gully closure, changes in pollock abundance, depth, or school characteristics from fishing or natural causes could not be determined. Thus, the proposed closure is essential to the success of the experiment.
        NMFS conducted pollock fishery interaction experiments in Chiniak Gully in 2001, 2002, and 2004. These experiments were accompanied by regulatory closures. The closures were established by emergency interim rules in 2001 (66 FR 37167, July 17, 2001) and in 2002 (67 FR 956, January 8, 2002); and in a final rule published in 2003 (68 FR 204, January 2, 2003). The closure established by the final rule expired on December 31, 2004.
        Results from 2002 were not used because commercial removals from Barnabus Gully were negligible (about 300 mt). Sufficient commercial removals (2,000 to 3,000 mt) occurred in 2001 and 2004, but the results are equivocal. Results from 2001 do not suggest a significant link between fishing activities and changes in pollock distribution and biomass. Results from 2004, however, do suggest a link between fishing activities and pollock biomass.
        More field work is needed to reach a conclusion about the effects of commercial trawl fishing on pollock distribution and abundance. Multiple years of study are necessary to determine why similar commercial removals resulted in an effect in some years but not in others.
        The portion of the Kodiak Trawl Gear Test Area that lies within the proposed Chiniak Gully Research Area also would be closed during the experimental period. This closure is necessary to eliminate as many anthropogenic effects on pollock as possible at the control site. Fishermen may test their trawl gear in other nearby locations during the closure period.
        Proposed Changes to Regulations
        In § 679.22, NMFS proposes to revise paragraph (b)(6) to describe the area of the proposed closure, to identify the vessels subject to the proposed closure, to identify the activities that would be prohibited, and to specify the dates of the proposed closure. The procedure for rescinding the proposed closure when the relevant research activities have been completed for a particular year or will not be conducted that year also would be included in § 679.22(b)(6). A map showing the Chiniak Gully Research Area in relation to the Kodiak Trawl Gear Test Area also would be added as Figure 22 to part 679.
        Classification
        NMFS has determined that the proposed rule is consistent with the FMP and determined that the rule is consistent with the Magnuson-Stevens Act and other applicable laws.
        This proposed rule has been determined to be not significant for purposes of Executive Order 12866.

        NMFS prepared an initial regulatory flexibility analysis (IRFA) 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 description of the action, the reasons why it is being considered, a statement of the objectives of, and the legal basis for, this action are contained at the beginning of this section in the preamble and in the SUMMARY section of the preamble. A summary of the analysis follows. A copy of this analysis is available from NMFS (see ADDRESSES). The experiment itself is not expected to have effects on small entities or the fishery beyond those caused by the closure.
        The regulated entities are the commercial fishing entities that operate vessels with the capability or potential capability to trawl that may participate in the GOA trawl groundfish fisheries. Any of these vessels may trawl for groundfish in the Chiniak Gully area. In a more precise sense, however, the regulated entities are the fishing entities that are likely to fish in Chiniak Gully in the absence of the proposed action. This group may be approximated by the number of vessels that reported fishing in this area during August and September in recent years.
        In 2005, 93 vessels trawled for groundfish in the GOA. Of these, 77 were catcher vessels, and 16 were catcher/processors. All of the catcher vessels are estimated to be small, as defined by the Small Business Administration (total annual gross receipts under $4.0 million), while three of the catcher/processors are assumed to be small. Fewer vessels reported fishing within Chiniak Gully than in the entire GOA. From 1999 through 2005, 49 unique vessels fished at least once in at least one of the three Alaska Department of Fish and Game groundfish/shellfish statistical areas (stat areas) that include the proposed Chiniak Gully closure, during August 1 through September 20. In 2005, 16 vessels fished in at least one of the three stat areas during this time period. The count of 49 vessels may serve as an alternative estimate of the number of small entities that may be directly regulated by this action.
        This action is expected to have a small adverse impact on the cash flow or profitability of these 49 trawl vessels. From 1999 through 2005, during the proposed closure period of August 1 through September 20, average revenues from fishing in the three stat areas that include Chiniak Gully were about 2.7 percent of the average annual fishing revenues of about $14.8 million for these 49 vessels. The percent of revenues from the Chiniak Gully area overstates the impact of the proposed action because fishing operations in Chiniak Gully have the ability to fish in other areas around Kodiak Island during this period. Also, because the three stat areas encompass an area larger than the Chiniak Gully closure area, basing the impact on revenues from the three stat areas overestimates the potential loss of revenue caused by the proposed closure. Opening the experimental area after research is concluded for a year would further reduce the potential loss.
        Anecdotal information from industry representatives suggests that fishermen displaced from the Chiniak Gully area would likely fish in other areas and be able to make up significant portions of any lost revenues. Although displacement to other areas would involve increased operating costs, particularly for fuel, costs of the action to fishermen would still remain below 2.7 percent of gross revenues. Fishermen displaced from the Chiniak Gully area may move to other fishing areas and potentially create crowding externalities in those areas. However, because the Chiniak Gully fishery is a modest part of the overall regional trawl fisheries (accounting for an average of 15.8 percent of gross GOA revenues in August and September from 1999 to 2005), the impact caused by displacement is not expected to be large. Moreover, data from previous years when Chiniak Gully was closed suggest that some effort will continue in areas near the closure.
        This proposed regulation does not impose new recordkeeping or reporting requirements on the directly regulated small entities.
        This proposed action does not duplicate, overlap, or conflict with other Federal rules.
        The IRFA analyzed the “no action” alternative and the proposed action. An additional alternative that would exempt small entities from the proposed time and area closures was considered by NMFS, but rejected. The entities fishing in this area during August and September are all small. Exempting small entities from the closure would result in trawl fishing in the control area of Chiniak Gully. For the experiment to yield usable results, there should be no trawl fishing activity in Chiniak Gully to enable comparison with Barnabus Gully, where trawl fishing will occur. A small entity exemption would undermine the intent of the action to allow a controlled experiment to assess the effects of trawl fishing on the availability of prey for SSLs, and would, thus, not meet the objectives of this action.
        Alternative 1, no regulatory change, would have no direct impact on small entities. However, it would make it impossible for NMFS to conduct a controlled experiment off Kodiak Island. Therefore, NMFS would be prevented from obtaining information that may be used to further evaluate management actions to protect SSLs and their designated critical habitat. Because of this, Alternative 1 would not meet the objectives of this action.
        As part of the IRFA analysis, consultation with two fishing industry groups representing about 80% of the small entity vessels that trawled for groundfish in Chiniak Gully during the proposed closure period, indicated that impacts on small entities would be minimized by including a provision to relieve the trawl restrictions when the experiment is concluded for a particular year rather than continuing the closure automatically until September 20. This provision was included in Alternative 2, the proposed action.

          List of Subjects in 50 CFR Part 679
          Alaska, Fisheries, Reporting and recordkeeping requirements.

          Dated: March 21, 2006.
          James W. Balsiger,
          Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

        For the reasons set out in the preamble, 50 CFR part 679 is proposed to be amended as follows:

          PART 679—FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

        1. The authority citation for part 679 continues to read as follows:

          Authority:
          16 U.S.C. 773 et seq.; 1540(f); 1801 et seq.; 1851 note; 3631 et seq.

        2. In § 679.22, revise paragraph (b)(6) to read as follows:

          § 679.22
          Closures.

          (b) * * *
          (6) Chiniak Gully Research Area (applicable through December 31, 2010).
          (i) Description of Chiniak Gully Research Area. The Chiniak Gully Research Area, as shown in Figure 22 to this part, is defined as the waters bounded by straight lines connecting the coordinates in the order listed:
          57° 48.60 N lat., 152° 22.20 W long.;
          57° 48.60 N lat., 151° 51.00 W long.;
          57° 13.20 N lat., 150° 38.40 W long.;
          56° 58.80 N lat., 151° 16.20 W long.;

          57° 37.20 N lat., 152° 09.60 W long.; and hence counterclockwise along the shoreline of Kodiak Island to 57° 48.60 N lat., 152° 22.20 W long.
          (ii) Closure. (A) No vessel named on a Federal fisheries permit issued pursuant to (679.4(b) shall deploy trawl gear for purposes of either fishing, or of testing gear under (679.24(d)(2), within the Chiniak Gully Research Area at any time from August 1 through September 20.

          (B) If the Regional Administrator makes a determination that the relevant research activities have been completed for a particular year or will not be conducted that year, the Regional Administrator shall publish notification in the Federal Register rescinding the Chiniak Gully Research Area trawl closure, described in paragraph (b)(6)(i) of this section, for that year.

        3. In part 679, add Figure 22 to Part 679—Chiniak Gully Research Area (applicable through December 31, 2010) to read as follows:
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          EP27MR06.026

      [FR Doc. 06-2928 Filed 3-24-06; 8:45 am]
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