§ 648.70 50 CFR Ch. VI (10–1–13 Edition)

available to NMFS, the Regional Ad- Subpart E—Management Meas- ministrator shall determine whether a ures for the Atlantic Surf Clam yellowtail flounder sub-ACL was ex- and Ocean Quahog Fish- ceeded, or is projected to be exceeded, eries by scallop vessels prior to the end of the scallop fishing year ending on Feb- § 648.70 Surfclam and ocean quahog ruary 28/29. The determination shall in- Annual Catch Limit (ACL). clude the amount of the overage or pro- (a) The MAFMC staff shall rec- jected amount of the overage, specified ommend to the MAFMC ACLs for the as a percentage of the overall sub-ACL surfclam and ocean quahog fisheries, for the applicable yellowtail flounder which shall be equal to the ABCs rec- stock, in accordance with the values ommended by the SSC. specified in paragraph (a) of this sec- (1) Sectors. The surfclam and ocean tion. Based on this initial projection in quahog ACLs will be established con- mid-January, the Regional Adminis- sistent with the guidelines contained trator shall implement the AM in ac- in the Atlantic Surfclam and Ocean cordance with the APA and notify own- Quahog FMP. The ACL for ocean qua- ers of limited access and LAGC scallop hog will then be allocated to the Maine vessels by letter identifying the length and non-Maine components of the fish- of the closure and a summary of the ery according to the allocation guide- yellowtail flounder catch, overage, and lines of the Atlantic Surfclam and projection that resulted in the closure. Ocean Quahog FMP as specified in (2) If reliable information is not avail- § 648.78(b). able to make a mid-year determination: (2) Periodicity. The surfclam and Once NMFS has compiled the necessary ocean quahog ACLs may be established information (e.g., when the previous on an annual basis for up to 3 years at fishing year’s observer and catch data a time, dependent on whether the SSC are fully available), the Regional Ad- provides single or multiple year ABC ministrator shall determine whether a recommendations. yellowtail flounder sub-ACL was ex- (b) Performance review. The MAFMC ceeded by scallop vessels following the staff shall conduct a detailed review of end of the scallop fishing year ending the fishery performance relative to the on February 28/29. The determination ACLs at least every 5 years. shall include the amount of the over- (1) If the surfclam or the ocean qua- age, specified as a percentage of the hog ACL is exceeded with a frequency overall sub-ACL for the applicable greater than 25 percent (i.e., more than yellowtail flounder stock, in accord- once in 4 years or any 2 consecutive ance with the values specified in para- years), the MAFMC staff will review graph (a) of this section. Based on this fishery performance information and information, the Regional Adminis- make recommendations to the MAFMC trator shall implement the AM in ac- for changes in measures intended to en- cordance with the APA in Year 3 (e.g., sure the ACL is not exceeded as fre- an accountability measure would be quently. implemented in fishing year 2016 for an (2) The MAFMC may specify more overage that occurred in fishing year frequent or more specific ACL perform- 2014) and notify owners of limited ac- ance review criteria as part of a stock cess and LAGC scallop vessels by letter rebuilding plan following a determina- identifying the length of the closure tion that a stock has become over- and a summary of the yellowtail floun- fished. der catch and overage information. (3) Performance reviews shall not (f) [Reserved] substitute for annual reviews that occur to ascertain if prior year ACLs [76 FR 43770, July 21, 2011, as amended at 77 FR 20742, Apr. 6, 2012; 77 FR 26122, May 2, have been exceeded, but may be con- 2012; 78 FR 27108, May 9, 2013] ducted in conjunction with such re- views. [76 FR 60622, Sept. 29, 2011]

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