This summary provides a broad overview of restrictions and requirements; the regulations summarized here may be found at 50 CFR part 648. Please contact us at (978) 281-9315 for more information. Updated July 24, 2018.
Under U.S. fisheries law, NOAA Fisheries and the Fishery Management Councils are required to establish annual catch limits and accountability measures (AMs) to help prevent overfishing.
In response to this requirement, the New England Fishery Management Council established AMs for both stocks of windowpane flounder in Framework 47 to the Northeast Multispecies Fishery Management Plan (FMP). The Council later modified the windowpane AMs in Framework 52 and Framework 57. Framework 25 to the Atlantic Sea Scallop FMP established windowpane AMs for the scallop fishery.
Accountability measures are management controls that prevent catch limits from being exceeded, or correct for overages if they occur.
Each fishing year, we set annual catch limits for both the northern and southern stocks of windowpane flounder. The AMs for either stock are triggered if the total catch limit for a given year is exceeded by more than 5 percent. The AMs are implemented at the start of the fishing year after we determine the catch limit has been exceeded. For example, if it is determined in 2016 that catch in 2015 exceeded the 2015 limit, the AM would be triggered for 2017.
For southern windowpane flounder, the AMs 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 commercial groundfish fishery is held responsible for any overages of the catch limit, regardless of which fishery caused the overage.
The groundfish fishery’s windowpane flounder AMs 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 AM areas shown below. Additional selective trawl gear may be authorized by the Regional Administrator at the request of the Council. The groundfish fishery’s AMs 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 total catch limit for either stock, the Small AM Area is triggered for that stock. If windowpane catch is more than 20 percent over the limit for either stock, the Large AM Area is triggered for that stock. The coordinates of the AM areas are included below.
If the total catch limit is exceeded and the commercial groundfish fishery catches more than its allocation of southern windowpane flounder, then both common pool and sector trawl vessels on a groundfish trip would be required to fish with approved selective trawl gear when fishing in the applicable AM areas.
If the total catch limit is exceeded, regardless of whether the commercial groundfish fishery caught more than its allocation of northern windowpane flounder, both common pool and sector trawl vessels on a groundfish trip would be required to fish with approved selective trawl gear when fishing in the applicable AM area.
If the total 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, then the AM would be triggered for scallop vessels.
The AM for the scallop fishery restricts the use of dredge and trawl gear in the area west of 71° W. long., excluding the scallop access areas. If the percent overage of the southern windowpane flounder sub-ACL is less than 20 percent, then the AM would be in effect during the month of February. If the overage is greater than 20 percent, the AM would be in effect for both February and March.
If the total 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, then the AM would be triggered for scallop vessels.
The AM for the scallop fishery restricts the use of dredge and trawl gear in the Georges Bank Accountability Measure Area. If the percent overage of the southern windowpane flounder sub-ACL is less than 20 percent, then the AM would be in effect from November 15 through December 31. If the overage is greater than 20 percent, the AM would be in effect year round, from April through March.
Within the AM 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.
If the total 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 AM areas shown below.
If southern windowpane catch is more than 5 percent, up to 20 percent, over the total catch limit for southern windowpane flounder, then the Small AM 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 AM Areas 2 and 3 are triggered for non-groundfish fisheries.
If the commercial groundfish fishery, scallop fishery, and non-groundfish trawl fishery catch all exceed the southern windowpane flounder catch limit, then all groups would be subject to the applicable AMs.
If both the commercial groundfish fishery and the scallop fishery exceed the northern windowpane flounder catch limit, then both groups would be subject to the applicable AMs.
No. There are no restrictions on vessels fishing with longline or gillnet gear. The AMs do not apply to these gear types because they make up a very small portion of the windowpane flounder catch.
No. The groundfish AMs are designed to constrain all commercial groundfish fishing activity to reduce windowpane catch, so sectors are not allowed to request an exemption from these AMs.
The windowpane flounder AMs, triggered if the total catch limit is exceeded, can only be implemented at the start of a fishing year. Because we do not receive in-season information for state waters or non-groundfish fisheries, we typically cannot determine if the total catch limit has been exceeded until after the fishing year ends.
Therefore, we implement the windowpane flounder AM at the start of Year 3 if final catch estimates available after the end of Year 1 indicate the total catch limit was exceeded.
However, if we have reliable information during Year 1 that indicates an overage has already occurred, we will implement the AM in Year 2.
Yes. We have the authority to reduce the size or duration of the AMs under certain conditions.
If one of the Large AM areas is triggered because windowpane flounder catch was more than 20 percent over the limit for a given year, we can implement the Small AM area for the stock instead of the Large AM area if the stock is considered rebuilt and recent NOAA Fisheries survey information suggests that the excess catch did not have a substantial impact on the stock.
Under certain circumstances, we can remove an AM mid-year for the groundfish fishery. For example, if catch in Year 1 triggers the AM in Year 3, we can remove the AM area restriction after September 1 of Year 3 if we determine the Year 2 catch was below the catch limit.
These reductions do not apply to the scallop fishery.
Catch of windowpane flounder (a discard only fishery) is calculated using the same methodology that is used to estimate discards for other groundfish stocks.
|
Northern Windowpane Flounder Small AM Area |
||
|
Point |
N. Latitude |
W. Longitude |
|
1 |
41°10 |
67°40 |
|
2 |
41°10 |
67°20 |
|
3 |
41°00 |
67°20 |
|
4 |
41°00 |
67°00 |
|
5 |
40°50 |
67°00 |
|
6 |
40°50 |
67°40 |
|
1 |
41°10 |
67°40 |
|
Northern Windowpane Flounder Large AM Area |
||
|
Point |
N. Latitude |
W. Longitude |
|
1 |
42°10 |
67°40 |
|
2 |
42°10 |
67°20 |
|
3 |
41°00 |
67°20 |
|
4 |
41°00 |
67°00 |
|
5 |
40°50 |
67°00 |
|
6 |
40°50 |
67°40 |
|
1 |
42°10 |
67°40 |
|
Southern Windowpane Flounder Small AM Area |
||
|
Point |
N. Latitude |
W. Longitude |
|
1 |
41°10 |
71°30 |
|
2 |
41°10 |
71°20 |
|
3 |
40°50 |
71°20 |
|
4 |
40°50 |
71°30 |
|
1 |
40°50 |
71°30 |
|
Southern Windowpane Flounder Large AM Area 1 |
||
|
Point |
N. Latitude |
W. Longitude |
|
1 |
41°10 |
71°50 |
|
2 |
41°10 |
71°10 |
|
3 |
41°00 |
71°10 |
|
4 |
41°00 |
71°20 |
|
5 |
40°50 |
71°20 |
|
6 |
40°50 |
71°50 |
|
1 |
41°10 |
71°50 |
|
Southern Windowpane Flounder Large AM Area 2 |
||
|
Point |
N. Latitude |
W. Longitude |
|
1 |
(1) |
73°30 |
|
2 |
40°30 |
73°30 |
|
3 |
40°30 |
73°50 |
|
4 |
40°20 |
73°50 |
|
5 |
40°20 |
(2) |
|
6 |
(3) |
73°58.5 |
|
7 |
(4) |
73°58.5 |
|
8 |
40°32.6 (5) |
73°56.4 (5) |
|
1 |
(1) |
73°30 |
|
(1) The southernmost coastline of Long Island, NY, at 73°30 W. longitude. The approximate location of the southwest corner of the Rockaway Peninsula, Queens, NY, then eastward along the southernmost coastline of Long island, NY (excluding South Oyster Bay), back to Point 1. |
||
|
Southern Windowpane Flounder Large AM Area 3 |
||
|
Point |
N. Latitude |
W. Longitude |
|
1 |
41°10 |
71°30 |
|
2 |
41°10 |
71°10 |
|
3 |
41°00 |
71°10 |
|
4 |
41°00 |
71°20 |
|
5 |
40°50 |
71°20 |
|
6 |
40°50 |
71°30 |
|
1 |
41°10 |
71°30 |
Study Fleet scientist Calvin Alexander holding a monkfish.
An oceanic whitetip shark swims near the surface of the water. Photo courtesy of John Carlson.
Dense beds of small Atlantic sea scallops photographed on the ocean floor in the Mid-Atlantic in 2015. Credit: NOAA Fisheries.
The Fishadelphia team. Credit: Dr. Talia Young.
