AUG -8 2017
UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL MARINE FISHERIES SERVICE GREATER ATLANTIC REGIONAL FISHERIES OFFICE 55 Great Republic Drive Gloucester, MA 0 1930-2276
AUG -8 2017 Dr. John F. Quinn New England Fishery Management Council 50 Water Street, Mill 2 Newburyport, Massachusetts 01950 Dear John: On behalf of the Secretary of Commerce, I have partially approved Framework Adjustment 56 to the Northeast Multispecies Fishery Management Plan (FMP). The final rule implementing the approved measures in Framework 56 published in the Federal Register and became effective on August 1, 2017. We also finalized recreational management measures for the 2017 fishing year. The final rule for recreational management measures became effective on July 27, 2017, and published in the Federal Register on July 31, 2017. Below, I highlight some key issues associated with these rulemakings.
Framework 56 Measures 2017 Catch Limits and Other Framework 56 Measures We approved the updated 2017-2019 catch limits for witch flounder and 2017 catch limits for the three U.S./Canada stocks. All other catch limits are the same as those previously implemented in Framework 55, and became effective on May 1, 2017. The Northeast Fisheries Science Center will conduct assessment updates next month for all groundfish stocks, which will provide the opportunity to update the 2018 catch limits implemented in Frameworks 55 and 56. Although there are 2018 catch limits in place for all stocks, we recognize that the Scientific and Statistical Committee may recommend substantial changes for some stocks based on the results of the 2017 assessments. There will also be a default 2018 catch limit in place for eastern Georges Bank (GB) cod, eastern GB haddock, and GB yellowtail until Framework 57 is finalized. As a result, we intend to work closely with the Council to ensure that final measures for the 2018 fishing year are implemented as quickly as possible given the compressed timeline for Framework 57, and to prevent major disruption to the groundfish fishery. We also approved the scallop fishery allocation for northern windowpane flounder, the revised threshold for scallop accountability measures (AM), and the increase to the GB haddock allocation for the midwater trawl fishery. We made minor clarifications regarding the implementation of these measures in the final rule based on your comments on the proposed rule. Disapproval of Witch Flounder Status Determination Criteria Change We disapproved the Council's recommendation to change the status determination criteria (SDC) for witch flounder to unknown. Instead, the final rule maintains the witch flounder SDCs put in place through Amendment 16, until the criteria can be replaced by suitable SDCs or reference points (i.e., SDCs that relate to available information about the stock). I recognize that this is
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new guidance to the Council that we provided after the Council took final action on Framework 56, and it is different than the approach taken for other groundfish stocks like GB yellowtail flounder. We are working to develop national guidance on how to approach SDCs in situations when status determination relative to model-based reference points is no longer possible. In developing national guidance, we determined that SDCs must be specified for every stock consistent with the Magnuson-Stevens Fishery Conservation and Management Act, particularly the process for identifying if a stock is subject to overfishing or overfished. However, SDCs do not have to be derived from a model-based assessment. A number of groundfish stocks are now in this unique situation, and no longer have analytical stock assessment models to provide historical estimates of biomass, fishing mortality rates, or recruitment. Although it is best to develop SDCs as part of a benchmark assessment, we recognize there are unlikely to be benchmark assessments for these stocks in the near future . Given this, following the 2017 operational assessments, we will work with the Council to develop a plan for establishing new SDCs for the pertinent stocks. This may include consideration of establishing simple SDCs, for example, an annual comparison of catch to the overfishing limit to determine if overfishing is occurring. As part of this process, we should also consider whether it is appropriate, or beneficial, to develop a standard protocol for groundfish stocks that would be applied in similar situations in the future . For example, the groundfish FMP could specify that the alternative criteria would be used if an assessment is rejected, and until they could be replaced by new model-based or other appropriate SDCs whenever they are available.
Windowpane Flounder Accountability Measures The final rule for Framework 56 announced the implementation of the AMs for northern and southern windowpane flounder due to 2015 overages for both stocks. Based on catch information that just became available, catch of both windowpane stocks was below the quota in 2016. The FMP allows us to remove the groundfish fishery AM early if a subsequent overage does not occur. As a result, the AMs for groundfish vessels will only be in place for 1 month, through August 31 , 2017, and will be removed on September 1, 2017. However, the FMP only provides this flexibility for the groundfish fishery AM, and we are considering a future action to remove the AM for non-groundfish trawl vessels. At its June 2017 meeting, the Council recommended developing revisions to the large-mesh nongroundfish fishery AMs in Framework 57. The Mid-Atlantic Council has offered analytic support for potential revisions. We will work with both Councils to ensure that changes to the windowpane AMs maintain conservation benefits to the windowpane flounder stocks while still allowing the affected fisheries to achieve optimum yield. In addition to the changes that will be considered in Framework 57, the Council is also investigating additional selective gears for use in the AM areas and the possibility of re-designating southern windowpane flounder within the FMP. We support future development of all of these options that may provide more flexibility for managing windowpane flounder.
2
Recreational Management Measures We consulted with the Council, including its Recreational Advisory Panel and Groundfish Oversight Committee, in January 2017 to develop recreational management measures for 2017. We implemented the 2017 measures for Gulf of Maine (GOM) cod and haddock that the Council recommended (Table 1). In the proposed rule, we solicited public comment on an additional set of measures with the same minimum size and bag limit for haddock, but a slightly different fall closure than the Council's recommendation. However, as described in detail in the final rule, we determined that the Council' s recommended measures are more effective and more consistent with the FMPs goals and objectives compared to the alternative seasonal closure we presented. T able 1 GOM C0 d an d H add ock R ecreatlonaIM anagement M easures fior 2017
Stock
Per Day Possession Limit (fish per angler)
Season When Possession is Permitted
Possession Prohibited Year-Round
GOMCod
GOM Haddock
Minimum Fish Size
12
17 inches
May 1 - September 16 November 1 - February 28 and April 15 -April 30
The Council identified a number of important priorities for 2017 and beyond, including adjustment of windowpane flounder measures and improvement of the recreational process. We agree that these efforts are a priority, among other issues identified for development in Framework 57, and will support the Council's work through our membership on the Groundfish Plan Development Team, the Groundfish Committee, and the Council. If you have questions about any of these issues, please contact Michael Pentony, Assistant Regional Administrator for Sustainable Fisheries, at (978) 281-9315.
Sincerely,
(df
ohn K. Bullard
'f/ Regional Administrator cc:
Tom Nies, Executive Director, New England Fishery Management Council Dr. Chris Moore, Executive Director, Mid-Atlantic Fishery Management Council Dr. Jon Hare, Director, Northeast Fisheries Science Center 3
AUG -8 2017 Dr. John F. Quinn New England Fishery Management Council 50 Water Street, Mill 2 Newburyport, Massachusetts 01950 Dear John: On behalf of the Secretary of Commerce, I have partially approved Framework Adjustment 56 to the Northeast Multispecies Fishery Management Plan (FMP). The final rule implementing the approved measures in Framework 56 published in the Federal Register and became effective on August 1, 2017. We also finalized recreational management measures for the 2017 fishing year. The final rule for recreational management measures became effective on July 27, 2017, and published in the Federal Register on July 31, 2017. Below, I highlight some key issues associated with these rulemakings.
Framework 56 Measures 2017 Catch Limits and Other Framework 56 Measures We approved the updated 2017-2019 catch limits for witch flounder and 2017 catch limits for the three U.S./Canada stocks. All other catch limits are the same as those previously implemented in Framework 55, and became effective on May 1, 2017. The Northeast Fisheries Science Center will conduct assessment updates next month for all groundfish stocks, which will provide the opportunity to update the 2018 catch limits implemented in Frameworks 55 and 56. Although there are 2018 catch limits in place for all stocks, we recognize that the Scientific and Statistical Committee may recommend substantial changes for some stocks based on the results of the 2017 assessments. There will also be a default 2018 catch limit in place for eastern Georges Bank (GB) cod, eastern GB haddock, and GB yellowtail until Framework 57 is finalized. As a result, we intend to work closely with the Council to ensure that final measures for the 2018 fishing year are implemented as quickly as possible given the compressed timeline for Framework 57, and to prevent major disruption to the groundfish fishery. We also approved the scallop fishery allocation for northern windowpane flounder, the revised threshold for scallop accountability measures (AM), and the increase to the GB haddock allocation for the midwater trawl fishery. We made minor clarifications regarding the implementation of these measures in the final rule based on your comments on the proposed rule. Disapproval of Witch Flounder Status Determination Criteria Change We disapproved the Council's recommendation to change the status determination criteria (SDC) for witch flounder to unknown. Instead, the final rule maintains the witch flounder SDCs put in place through Amendment 16, until the criteria can be replaced by suitable SDCs or reference points (i.e., SDCs that relate to available information about the stock). I recognize that this is
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1.
\;:
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new guidance to the Council that we provided after the Council took final action on Framework 56, and it is different than the approach taken for other groundfish stocks like GB yellowtail flounder. We are working to develop national guidance on how to approach SDCs in situations when status determination relative to model-based reference points is no longer possible. In developing national guidance, we determined that SDCs must be specified for every stock consistent with the Magnuson-Stevens Fishery Conservation and Management Act, particularly the process for identifying if a stock is subject to overfishing or overfished. However, SDCs do not have to be derived from a model-based assessment. A number of groundfish stocks are now in this unique situation, and no longer have analytical stock assessment models to provide historical estimates of biomass, fishing mortality rates, or recruitment. Although it is best to develop SDCs as part of a benchmark assessment, we recognize there are unlikely to be benchmark assessments for these stocks in the near future . Given this, following the 2017 operational assessments, we will work with the Council to develop a plan for establishing new SDCs for the pertinent stocks. This may include consideration of establishing simple SDCs, for example, an annual comparison of catch to the overfishing limit to determine if overfishing is occurring. As part of this process, we should also consider whether it is appropriate, or beneficial, to develop a standard protocol for groundfish stocks that would be applied in similar situations in the future . For example, the groundfish FMP could specify that the alternative criteria would be used if an assessment is rejected, and until they could be replaced by new model-based or other appropriate SDCs whenever they are available.
Windowpane Flounder Accountability Measures The final rule for Framework 56 announced the implementation of the AMs for northern and southern windowpane flounder due to 2015 overages for both stocks. Based on catch information that just became available, catch of both windowpane stocks was below the quota in 2016. The FMP allows us to remove the groundfish fishery AM early if a subsequent overage does not occur. As a result, the AMs for groundfish vessels will only be in place for 1 month, through August 31 , 2017, and will be removed on September 1, 2017. However, the FMP only provides this flexibility for the groundfish fishery AM, and we are considering a future action to remove the AM for non-groundfish trawl vessels. At its June 2017 meeting, the Council recommended developing revisions to the large-mesh nongroundfish fishery AMs in Framework 57. The Mid-Atlantic Council has offered analytic support for potential revisions. We will work with both Councils to ensure that changes to the windowpane AMs maintain conservation benefits to the windowpane flounder stocks while still allowing the affected fisheries to achieve optimum yield. In addition to the changes that will be considered in Framework 57, the Council is also investigating additional selective gears for use in the AM areas and the possibility of re-designating southern windowpane flounder within the FMP. We support future development of all of these options that may provide more flexibility for managing windowpane flounder.
2
Recreational Management Measures We consulted with the Council, including its Recreational Advisory Panel and Groundfish Oversight Committee, in January 2017 to develop recreational management measures for 2017. We implemented the 2017 measures for Gulf of Maine (GOM) cod and haddock that the Council recommended (Table 1). In the proposed rule, we solicited public comment on an additional set of measures with the same minimum size and bag limit for haddock, but a slightly different fall closure than the Council's recommendation. However, as described in detail in the final rule, we determined that the Council' s recommended measures are more effective and more consistent with the FMPs goals and objectives compared to the alternative seasonal closure we presented. T able 1 GOM C0 d an d H add ock R ecreatlonaIM anagement M easures fior 2017
Stock
Per Day Possession Limit (fish per angler)
Season When Possession is Permitted
Possession Prohibited Year-Round
GOMCod
GOM Haddock
Minimum Fish Size
12
17 inches
May 1 - September 16 November 1 - February 28 and April 15 -April 30
The Council identified a number of important priorities for 2017 and beyond, including adjustment of windowpane flounder measures and improvement of the recreational process. We agree that these efforts are a priority, among other issues identified for development in Framework 57, and will support the Council's work through our membership on the Groundfish Plan Development Team, the Groundfish Committee, and the Council. If you have questions about any of these issues, please contact Michael Pentony, Assistant Regional Administrator for Sustainable Fisheries, at (978) 281-9315.
Sincerely,
(df
ohn K. Bullard
'f/ Regional Administrator cc:
Tom Nies, Executive Director, New England Fishery Management Council Dr. Chris Moore, Executive Director, Mid-Atlantic Fishery Management Council Dr. Jon Hare, Director, Northeast Fisheries Science Center 3
