View Rule

On August 1, 2017, NMFS implemented accountability measures in response to a 2015 southern windowpane flounder annual catch limit (ACL) overage. The accountability measure requires trawl vessels fishing in certain areas in Southern New England to use an approved selective trawl gear that limits flatfish catch. The southern windowpane accountability measure areas apply to all groundfish trawl vessels and non-groundfish trawl vessels fishing with a codend mesh size of 5 inches or greater (i.e., vessels targeting summer flounder and scup). Based on preliminary estimates, NMFS determined that 2016 southern windowpane flounder catch was below the total annual catch limit. The regulations allow us to remove the southern windowpane accountability measure areas early if we determine that catch remained below the ACL in the year immediately following an overage. The regulations for removing the southern windowpane flounder accountability measure areas early were developed only for the groundfish fishery, and do not allow us to remove the southern windowpane flounder accountability measure areas for non-groundfish trawl vessels. However, this would result in the accountability measure remaining for the non-groundfish trawl vessels, despite 2016 southern windowpane flounder catch by these vessels remaining below the sub-annual catch limit, and overall 2016 southern windowpane flounder catch remaining below the total annual catch limit. The accountability measure imposes a substantial economic hardship on the non-groundfish trawl vessels and a result that was not considered or foreseen when the Council developed measures to remove the accountability measure on the groundfish trawl vessels. This rule would implement temporary measures under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act to remove the 2017 southern windowpane flounder accountability measures for non-groundfish trawl vessels.