Windowpane Flounder Accountability Measures Information Sheet

Under U.S. fisheries law, NOAA Fisheries and the Fishery Management Councils are required to establish annual catch limits and accountability measures to help prevent overfishing.

In response to this requirement, the New England Fishery Management Council established accountability measures for the Northeast multispecies fishery for both stocks of windowpane flounder in Framework 47 to the Northeast Multispecies Fishery Management Plan (FMP). The Council later modified the windowpane accountability measures in Frameworks 52, 56, and 57. Frameworks 25 and 29 to the Atlantic Sea Scallop FMP established windowpane accountability measures for the scallop fishery.

Why are accountability measures necessary?

Accountability measures are necessary because they serve as management controls to prevent exceeding catch limits and to correct for any overages that may occur.

How are the windowpane flounder accountability measures triggered?

Each fishing year, we set annual catch limits for the northern and southern stocks of windowpane flounder. If the catch limit for a specific year is surpassed by more than 5 percent, accountability measures are put into effect for that stock. These measures are implemented at the beginning of the first full fishing year after we determine the catch limit has been exceeded. For instance, if we determine in 2016 that the catch in 2015 exceeded the catch limit, the accountability measures would be implemented in 2017.

Which fisheries could be affected when the accountability measures are triggered?

For southern windowpane flounder, the accountability measures can affect the groundfish fishery, the scallop fishery, and some non-groundfish trawl vessels, based on which fishery caused the overage.

For northern windowpane flounder, the accountability measures can affect the groundfish fishery and the scallop fishery, based on which fishery caused the overage.

What are the accountability measures for the groundfish fishery?

The groundfish fishery’s windowpane flounder accountability measures require trawl vessels to use one of the approved selective trawl gears, designed to minimize the catch of flounder species, when fishing on a groundfish trip in the applicable accountability measure areas shown below. The Regional Administrator may authorize additional selective trawl gear at the request of the Council. The groundfish fishery’s accountability measures only apply to trawl vessels; there are no restrictions for longline or gillnet vessels.

The approved selective gears are: 1) Haddock separator trawl; 2) Ruhle trawl; or 3) rope separator trawl.

If windowpane catch is more than 5 percent, up to 20 percent, over the annual catch limit for either stock, the Small Accountability Measure Area is triggered for that stock. If windowpane catch is more than 20 percent over the limit for either stock, the Large Accountability Measure Area is triggered for that stock. The coordinates of the Accountability Measure areas are included below.

What is the threshold for implementing the accountability measures for the groundfish fishery?

The groundfish fishery’s accountability measures are only implemented if:

1. The amount allocated to the groundfish fishery is exceeded, including the common pool’s share of any overage of the annual catch limit from other fisheries, and

2. The annual catch limit is exceeded by more than 5 percent.

    

When the accountability measures are implemented, both common pool and sector trawl vessels on a groundfish trip are required to fish with approved selective trawl gear when fishing in the applicable accountability measure areas.

What are the accountability measures for the scallop fishery?

Southern Windowpane Flounder

If the annual catch limit for southern windowpane flounder is exceeded and the scallop fishery catches more than its allocation, or if the scallop fishery exceeds its allocation by 50 percent or more, accountability measures would be triggered for scallop vessels.

The accountability measures for the scallop fishery restrict the use of dredge gear and prohibit trawl gear in the area west of 71° W. long., excluding the scallop access areas. If the percent overage of the scallop fishery’s southern windowpane flounder allocation is 20 percent or less, then the accountability measures would be in effect during the month of February. If the overage is greater than 20 percent, the accountability measures would be in effect for both February and March.

Northern Windowpane Flounder

If the annual catch limit for northern windowpane flounder is exceeded and the scallop fishery catches more than its allocation, or if the scallop fishery exceeds its allocation by 50 percent or more, accountability measures would be triggered for scallop vessels.

The accountability measures for the scallop fishery restricts the use of restrict the use of dredge gear and prohibit trawl gear in the Georges Bank Accountability Measure Area. If the percent overage of the scallop fishery’s southern windowpane flounder allocation is 20 percent or less, then the accountability measures would be in effect from November 15 through December 31. If the overage is greater than 20 percent, the accountability measures would be in effect year-round, from April through March.

Within the accountability measure areas, for both stocks of windowpane flounder, dredge gear may not exceed 5 rows of rings in the topside of the apron, and the maximum hanging ratio for a net on the top of the dredge cannot exceed 1.5:1. Trawl gear may not be used to fish for scallops in the areas.

What are the accountability measures for other non-groundfish trawl vessels?

If the annual catch limit for southern windowpane flounder is exceeded and non-groundfish fisheries are in part or solely responsible for the overage, then any trawl vessel fishing with a codend mesh size of 5 inches or greater would be required to use approved selective trawl gear when fishing in the applicable accountability measure areas shown below.

If annual catch limit is exceeded by more than 5 percent, up to 20 percent, the Small Accountability Measure Area is triggered for non-groundfish fisheries from September 1 through April 30.  If windowpane catch is more than 20 percent over the limit, then the Large Accountability Measure Areas 2 and 3 are triggered for non-groundfish fisheries year-round.

What if multiple fisheries were responsible for the overage?

For southern windowpane flounder, if the commercial groundfish fishery, scallop fishery, and non-groundfish trawl fishery catch all exceed the fisheries’ respective allocations, then all groups would be subject to the applicable accountability measures.

For northern windowpane flounder, if both the commercial groundfish fishery and the scallop fishery exceed the fisheries’ respective allocations, then both groups would be subject to the applicable accountability measures.

Do the accountability measures affect non-trawl gear types in the groundfish fishery?

No. There are no restrictions on vessels fishing with longline or gillnet gear. The accountability measures do not apply to these gear types because they make up a very small portion of the windowpane flounder catch.

Can a sector request an exemption from these accountability measures?

No. The groundfish accountability measures are designed to constrain all commercial groundfish fishing activity to reduce windowpane catch, so sectors are not allowed to request an exemption from these accountability measures.

When are the accountability measures implemented?

What methodology is used to estimate windowpane flounder catch?

Catch of windowpane flounder (a discard-only fishery) is calculated using the same methodology that is used to estimate discards for other groundfish stocks. 

Graphic of Windowpane Flounder Accountability Measure Areas

Coordinates of Windowpane Flounder Accountability Measure Areas

Northern Windowpane Flounder Accountability Measure Areas

Southern Windowpane Flounder Accountability Areas