50 CFR § 648.290-648.299 - Fisheries of the Northeastern United States — Management Measures for the Tilefish Fishery

999 Fishery Conservation and Management § 648.290 (3) Mutilation restrictions. (i) A vessel may not retain, possess, or land red crab claws and legs separate from crab bodies. (ii) A vessel may not retain, possess, or land more than two claws and eight legs per crab. [67 FR 63233, Oct. 10, 2002, as amended at 74 FR 20557, May 4, 2009; 76 FR 60384, Sept. 29, 2011] § 648.264 Gear requirements/restric tions. (a) Limited access red crab permitted vessels. (1) Limited access red crab ves sel may not harvest red crab from any fishing gear other than red crab traps/ pots, marked as specified by paragraph (a)(5) of this section. (2) A vessel owner or operator of a vessel that holds a valid limited access red crab permit may fish with, deploy, possess, haul, harvest red crab from, or carry on board a vessel, up to a total of 600 traps/pots when fishing for, catch ing, or landing red crab. A vessel owner is required to declare, on the annual permit application, the maximum number of traps/pots used per string and the maximum number of strings employed, such that the product of the maximum number of traps/pots per string and the maximum number of strings declared is no more than 600 traps/pots. The vessel is restricted to the product of the maximum number of traps/pots per string multiplied by the maximum number of strings declared on the annual vessel permit applica tion. (3) Parlor traps/pots. No person may haul or remove lobster, red crab or fish from parlor traps/pots when fishing under a red crab DAS. (4) Maximum trap/pot size. The max imum allowable red crab trap/pot size of red crab traps/pots used or deployed on a red crab DAS is 18 cubic feet (0.51 cubic meters) in volume. Red crab traps/pots may be rectangular, trape zoidal or conical only, unless other red crab trap/pot designs whose volume does not exceed 18 cubic feet (0.51 cubic meters) are authorized by the Regional Administrator. (5) Gear markings. The following is re quired on all buoys used at the end of each red crab trawl: (i) The letters ‘‘RC’’ in letters at least 3 inches (7.62 cm) in height must be painted on top of each buoy. (ii) The vessel’s permit number in nu merals at least 3 inches (7.62 cm) in height must be painted on the side of each buoy to clearly identify the ves sel. (iii) The number of each trap trawl relative to the total number of trawls used by the vessel (i.e., ‘‘3 of 6’’) must be painted in numerals at least 3 inches (7.62 cm) in height on the side of each buoy. (iv) High flyers and radar reflectors are required on each trap trawl. (6) Additional gear requirements. (i) Vessels must comply with the gear reg ulations found at § 229.32 of this title. (ii) Red crab traps/pots, fished in 200 fathoms (365.8 m) or less by a vessel issued a limited access lobster permit under § 697.4(a), must comply with the trap tagging requirements specified at § 697.19. (b) [Reserved] [67 FR 63233, Oct. 10, 2002, as amended at 72 FR 57194, Oct. 5, 2007; 76 FR 60384, Sept. 29, 2011] Subpart N—Management Meas ures for the Golden Tilefish and Blueline Tilefish Fisheries SOURCE: 66 FR 49145, Sept. 26, 2001, unless otherwise noted. § 648.290 Tilefish Annual Catch Limits (ACL). (a) Golden tilefish. The Tilefish Moni toring Committee shall recommend to the MAFMC an ACL for the commer cial golden tilefish fishery, which shall be equal to the ABC recommended by the SSC. (1) [Reserved] (2) Periodicity. The tilefish commer cial ACL may be established on an an nual basis for up to three years at a time, dependent on whether the SSC provides single or multiple-year ABC recommendations. (b) Blueline tilefish. The Tilefish Mon itoring Committee shall recommend to the MAFMC separate ACLs for the commercial and recreational blueline tilefish fisheries, the sum total of 1000 50 CFR Ch. VI (10–1–22 Edition) § 648.291 which shall be equal to the ABC rec ommended by the SSC. (1) Sector allocations. The ACL for the commercial sector of the blueline tilefish fishery shall be 27 percent of the ABC, and the ACL for the rec reational sector of the fishery shall be 73 percent of the ABC. (2) Periodicity. The blueline tilefish commercial and recreational ACLs may be established on an annual basis for up to three years at a time, depend ent on whether the SSC provides single or multiple-year ABC recommenda tions. (c) Performance review. The Tilefish Monitoring Committee shall conduct a detailed review of golden tilefish and blueline tilefish fishery performance relative to the appropriate sector ACLs at least every 5 years. (1) If an ACL is exceeded with a fre quency greater than 25 percent (i.e., more than once in 4 years or in any 2 consecutive years), the Tilefish Moni toring Committee will review fishery performance information and make recommendations to the MAFMC for changes in measures intended to ensure ACLs are not as frequently exceeded. (2) The MAFMC may specify more frequent or more specific ACL perform ance review criteria as part of a stock rebuilding plan following a determina tion that either the golden tilefish or blueline tilefish stock has become overfished. (3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs have been exceeded, but may be con ducted in conjunction with such re views. [82 FR 52857, Nov. 15, 2017] § 648.291 Tilefish Annual Catch Tar gets (ACT). (a) Golden tilefish. The Tilefish Moni toring Committee shall identify and re view the relevant sources of manage ment uncertainty to recommend ACTs for the individual fishing quota (IFQ) and incidental sectors of the fishery as part of the golden tilefish specification process. The Tilefish Monitoring Com mittee recommendations shall identify the specific sources of management un certainty that were considered, tech nical approaches to mitigating these sources of uncertainty, and any addi tional relevant information considered in the ACT recommendation process. (1) ACT allocation. (i) The ACT shall be less than or equal to the ACL. (ii) The Tilefish Monitoring Com mittee shall include the fishing mor tality associated with the recreational fishery in its ACT recommendations only if this source of mortality has not already been accounted for in the ABC recommended by the SSC. (iii) The Tilefish Monitoring Com mittee shall allocate 5 percent of the ACT to the incidental sector of the fishery and the remaining 95 percent to the IFQ sector. (2) Periodicity. ACTs may be estab lished on an annual basis for up to three years at a time, dependent on whether the SSC provides single or multiple-year ABC recommendations. (b) Blueline tilefish. The Tilefish Mon itoring Committee shall identify and review the relevant sources of manage ment uncertainty to recommend ACTs for the commercial and recreational fishing sectors as part of the blueline tilefish specification process. The Tilefish Monitoring Committee rec ommendations shall identify the spe cific sources of management uncer tainty that were considered, technical approaches to mitigating these sources of uncertainty, and any additional rel evant information considered in the ACT recommendation process. (1) Sectors. Commercial and rec reational specific ACTs shall be less than or equal to the sector-specific ACLs. The Tilefish Monitoring Com mittee shall recommend any reduction in catch necessary to address sector specific management uncertainty, con sistent with paragraph (b) of this sec tion. (2) Periodicity. ACTs may be estab lished on an annual basis for up to three years at a time, dependent on whether the SSC provides single or multiple-year ABC recommendations. (c) Performance review. The Tilefish Monitoring Committee shall conduct a detailed review of golden tilefish and blueline tilefish fishery performance relative to the appropriate ACTs in conjunction with any ACL performance 1001 Fishery Conservation and Management § 648.292 review, as outlined in § 648.290(c)(1) through (3). [82 FR 52857, Nov. 15, 2017, as amended at 83 FR 10806, Mar. 13, 2018] § 648.292 Tilefish specifications. (a) Golden Tilefish. The golden tilefish fishing year is the 12-month period be ginning with November 1, annually. (1) Annual specification process. The Tilefish Monitoring Committee shall review the ABC recommendation of the SSC, golden tilefish landings and dis cards information, and any other rel evant available data to determine if the golden tilefish ACL, ACT, or total allowable landings (TAL) for the IFQ and/or incidental sectors of the fishery require modification to respond to any changes to the golden tilefish stock’s biological reference points or to ensure any applicable rebuilding schedule is maintained. The Monitoring Com mittee will consider whether any addi tional management measures or revi sions to existing measures are nec essary to ensure that the IFQ and/or in cidental TAL will not be exceeded. Based on that review, the Monitoring Committee will recommend golden tilefish ACL, ACTs, and TALs to the Tilefish Committee of the MAFMC. Based on these recommendations and any public comment received, the Tilefish Committee shall recommend to the MAFMC the appropriate golden tilefish ACL, ACT, TAL, and other management measures for both the IFQ and the incidental sectors of the fishery for a single fishing year or up to 3 years. The MAFMC shall review these recommendations and any public comments received, and recommend to the Regional Administrator, at least 120 days prior to the beginning of the next fishing year, the appropriate gold en tilefish ACL, ACT, TAL, the per centage of TAL allocated to research quota, and any management measures to ensure that the TAL will not be ex ceeded, for both the IFQ and the inci dental sectors of the fishery, for the next fishing year, or up to 3 fishing years. The MAFMC’s recommendations must include supporting documenta tion, as appropriate, concerning the en vironmental and economic impacts of the recommendations. The Regional Administrator shall review these rec ommendations, and after such review, NMFS will publish a proposed rule in the FEDERAL REGISTER specifying the annual golden tilefish ACL, ACT, TAL, and any management measures to en sure that the TAL will not be exceeded for the upcoming fishing year or years for both the IFQ and the incidental sec tors of the fishery. After considering public comments, NMFS will publish a final rule in the FEDERAL REGISTER to implement the golden tilefish ACL, ACTs, TALs and any management measures. The previous year’s speci fications will remain effective unless revised through the specification proc ess and/or the research quota process described in paragraph (a)(5) of this section. NMFS will issue notification in the FEDERAL REGISTER if the pre vious year’s specifications will not be changed. (2) Total Allowable Landings (TAL). (i) The TALs for both the IFQ and the in cidental sectors of the fishery for each fishing year will be specified pursuant to paragraph (a)(1) of this section. (ii) The sum of the sector-specific TAL and the estimated sector-specific discards shall be less than or equal to the ACT for that sector of the fishery. (3) TAL allocation. For each fishing year, up to 3 percent of the incidental and IFQ TALs may be set aside for the purpose of funding research. The re maining IFQ TAL will be allocated to the individual IFQ permit holders as described in § 648.294(a). (4) Adjustments to the quota. If the in cidental harvest exceeds the incidental TAL for a given fishing year, the inci dental trip limit specified at § 648.295(a)(2) may be reduced in the fol lowing fishing year. If an adjustment is required, a notification of adjustment of the quota will be published in the FEDERAL REGISTER. (5) Research quota. See § 648.22(g). (b) Blueline tilefish. The blueline tilefish fishing year is the calendar year beginning on January 1, annually. (1) Recommended measures. Based on annual review, the Tilefish Monitoring Committee shall recommend to the Tilefish Committee of the MAFMC measures to ensure that the ACLs spec ified by the process outlined in § 648.290(b), including: 1002 50 CFR Ch. VI (10–1–22 Edition) § 648.293 (i) Total Allowable Landings (TAL) for both the commercial and rec reational sectors for each fishing year, where the sum of the TAL and sector specific estimated discards shall be less than or equal to the sector ACT; (ii) Research quota for both the com mercial and recreational sectors set from a range of 0 to three percent of the TAL, as described in paragraph (b)(3) of this section; (iii) Commercial trip limit; (iv) Commercial minimum fish size; (v) Recreational possession limit; (vi) Recreational minimum fish size; (vii) Recreational season; (viii) Retention requirements; and/or (ix) Any other measure needed to en sure the ACLs are not exceeded. (2) Annual specification process. The Tilefish Committee of the MAFMC shall review the recommendations of the Tilefish Monitoring Committee. Based on these recommendations and any public comment received, the Tilefish Committee shall recommend to the MAFMC the appropriate ACL, ACT, TAL, and other management measures for the blueline tilefish com mercial and recreational sectors for a single fishing year or up to three years. The MAFMC shall review these rec ommendations and any public com ments received, and recommend to the Regional Administrator, at least 120 days prior to the beginning of the next fishing year, the appropriate blueline tilefish ACLs, ACTs, TALs, the per centage of TAL allocated to research quota, and any management measures to ensure that the sector ACLs will not be exceeded, for the next fishing year, or up to three fishing years. The MAFMC’s recommendations must in clude supporting documentation, as ap propriate, concerning the environ mental and economic impacts of the recommendations. The Regional Ad ministrator shall review these rec ommendations, and after such review, NMFS will publish a proposed rule in the FEDERAL REGISTER specifying the annual blueline tilefish ACL, ACT, TAL and any management measures for the blueline tilefish commercial and recreational sectors to ensure that the sector ACLs will not be exceeded for the upcoming fishing year or years. After considering public comments, NMFS will publish a final rule in the FEDERAL REGISTER to implement the blueline tilefish commercial and rec reational ACLs, ACTs, TALs and any management measures. The previous year’s specifications will remain effec tive unless revised through the speci fication process and/or the research quota process described in paragraph (b)(3) of this section. NMFS will issue notification in the FEDERAL REGISTER if the previous year’s specifications will not be changed. (3) Research quota. See § 648.22(g). [82 FR 52858, Nov. 15, 2017, as amended at 83 FR 10806, Mar. 13, 2018] § 648.293 Tilefish accountability meas ures. (a) Golden tilefish—(1) Commercial inci dental fishery closure. See § 648.295(a)(3). (2) Commercial ACL overage evaluation. If the golden tilefish ACL is exceeded, the amount of the ACL overage that cannot be directly attributed to IFQ al location holders having exceeded their IFQ allocation will be deducted from the golden tilefish ACL in the fol lowing fishing year. All overages di rectly attributable to IFQ allocation holders will be deducted from the ap propriate IFQ allocation(s) in the sub sequent fishing year, as required by § 648.294(f). (b) Blueline tilefish—(1) Commercial fishery closure. See § 648.295(b)(2). (2) Commercial ACL overage evaluation. The commercial sector ACL will be evaluated based on a single-year exam ination of total catch (landings and discards). (i) Commercial landings overage repay ment. Landings in excess of the com mercial ACL will be deducted from the commercial ACL for the following year. (ii) Non-landing accountability meas ure. In the event that the commercial ACL has been exceeded and the overage has not been accommodated through the landings-based AM, then the exact amount by which the commercial ACL was exceeded, in pounds, will be de ducted, as soon as possible, from the applicable subsequent single fishing year commercial ACL. (3) Recreational ACL overage evalua tion. The recreational sector ACL will be evaluated based on a three-year 1003 Fishery Conservation and Management § 648.294 moving average comparison of total catch (landings and discards). Both landings and dead discards will be eval uated in determining if the three-year average recreational sector ACL has been exceeded. The three-year moving average will be phased in over the first three years, beginning with 2017: Total recreational total catch from 2017 will be compared to the 2017 recreational sector ACL; the average total catch from both 2017 and 2018 will be com pared to the average of the 2017 and 2018 recreational sector ACLs; the aver age total catch from 2017, 2018, and 2019 will be compared to the average of the 2017, 2018, and 2019 recreational sector ACLs and, for all subsequent years, the preceding three-year average rec reational total catch will be compared to the preceding three-year average recreational sector ACL. (4) Recreational accountability meas ures (AM). If the recreational ACL is exceeded, then the following procedure will be followed: (i) If biomass is below threshold, the stock is under rebuilding, or biological ref erence points are unknown. If the most recent estimate of biomass is below the BMSY threshold (i.e., B/BMSY is less than 0.5), the stock is under a rebuilding plan, or the biological reference points (B or BMSY) are unknown, and the rec reational ACL has been exceeded, then the exact amount, in pounds, by which the most recent year’s recreational catch estimate exceeded the most re cent year’s recreational ACL will be deducted in the following fishing year, or as soon as possible thereafter, once catch data are available, from the rec reational ACT, as a single-year adjust ment. Changes to management meas ures would also be considered through the specifications process to avoid fu ture overages. (ii) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. If the most recent es timate of biomass is above the biomass threshold (B/BMSY is greater than 0.5), but below the biomass target (B/BMSY is less than 1.0), and the stock is not under a rebuilding plan, then the fol lowing AMs will apply: (A) If the recreational ACL has been ex ceeded. If the Recreational ACL has been exceeded, then adjustments to the recreational management measures, taking into account the performance of the measures and conditions that pre cipitated the overage, will be made in the following fishing year, or as soon as possible thereafter, once catch data are available, as a single-year adjust ment. (B) If the ABC has been exceeded. If the ABC has been exceeded, then a sin gle-year adjustment to the rec reational ACT will be made in the fol lowing fishing year, or as soon as pos sible thereafter, once catch data are available, as described below. In addi tion, adjustments to the recreational management measures, taking into ac count the performance of the measures and conditions that precipitated the overage, will be made in the following year. (1) Adjustment to recreational ACT. If an adjustment to the following year’s recreational ACT is required, then the ACT will be reduced by the exact amount, in pounds, of the product of the overage, defined as the difference between the recreational catch and the recreational ACL, and the payback co efficient. (2) Payback coefficient. The payback coefficient is the difference between the most recent estimate of biomass and BMSY (i.e., BMSY–B) divided by one half of BMSY. (iii) If biomass is above target. If the most recent estimate of biomass is above BMSY (i.e., B/BMSY is greater than 1.0), then adjustments to the rec reational management measures, tak ing into account the performance of the measures and conditions that pre cipitated the overage, will be made in the following fishing year, or as soon as possible thereafter, once catch data are available, as a single-year adjust ment. [82 FR 52859, Nov. 15, 2017, as amended at 83 FR 10807, Mar. 13, 2018] § 648.294 Golden tilefish individual fishing quota (IFQ) program. (a) IFQ allocation permits. (1) After ad justments for incidental catch, re search set-asides, and overages, as ap propriate, pursuant to § 648.292(a)(3), the Regional Administrator shall di vide the remaining golden tilefish TAL among the IFQ quota shareholders who 1004 50 CFR Ch. VI (10–1–22 Edition) § 648.294 held IFQ quota share as of September 1 of a given fishing year. Allocations shall be made by applying the IFQ quota share percentages that exist on September 1 of a given fishing year to the IFQ TAL pursuant to § 648.292(a)(3), subject to any deductions for overages pursuant to paragraph (f) of this sec tion. Amounts of IFQ allocation of 0.5 lb (0.23 kg) or smaller created by this calculation shall be rounded downward to the nearest whole number, and amounts of IFQ allocation greater than 0.5 lb (0.23 kg) shall be rounded upward to the nearest whole number, so that annual IFQ allocations are specified in whole pounds. (2) Allocations shall be issued in the form of an annual IFQ allocation per mit. The IFQ allocation permit shall specify the quota share percentage held by the IFQ allocation permit holder and the total pounds of golden tilefish that the IFQ allocation permit holder is authorized to harvest. (3) In order to be eligible to hold tilefish IFQ allocation, an individual must be a U.S. citizen or permanent resident alien. Businesses or other en tities that wish to hold allocation must be eligible to own a documented vessel under the terms of 46 U.S.C. 12103(b). (b) Application—(1) General. Appli cants for a permit under this section must submit a completed application on an appropriate form obtained from NMFS. The application must be filled out completely and signed by the appli cant. Each application must include a declaration of all interests in IFQ quota shares and IFQ allocations, as defined in § 648.2, listed by IFQ alloca tion permit number, and must list all Federal vessel permit numbers for all vessels that an applicant owns or leases that would be authorized to pos sess golden tilefish pursuant to the IFQ allocation permit. The Regional Ad ministrator will notify the applicant of any deficiency in the application. (i) [Reserved] (ii) Renewal applications. Applications to renew an IFQ allocation permit must be received by September 15 to be processed in time for the November 1 start of the next fishing year. Renewal applications received after this date may not be approved, and a new permit may not be issued before the start of the next fishing year. An IFQ alloca tion permit holder must renew his/her IFQ allocation permit on an annual basis by submitting an application for such permit prior to the end of the fishing year for which the permit is re quired. Failure to renew an IFQ alloca tion permit in any fishing year will re sult in any IFQ quota share held by that IFQ allocation permit holder to be considered abandoned and relinquished. (2) Issuance. Except as provided in subpart D of 15 CFR part 904, and pro vided an application for such permit is submitted by September 15, as speci fied in paragraph (b)(1)(ii) of this sec tion, NMFS shall issue annual IFQ al location permits on or before October 31 to those who hold IFQ quota share as of September 1 of the current fishing year. From September 1 through Octo ber 31, permanent transfer of IFQ quota share is not permitted, as described in paragraph (e)(4) of this section. (3) Duration. An annual IFQ alloca tion permit is valid until October 31 of each fishing year unless it is sus pended, modified, or revoked pursuant to 15 CFR part 904; revised due to a transfer of all or part of the IFQ quota share or annual IFQ allocation under paragraph (e) of this section; or sus pended for non-payment of the cost re covery fee as described in paragraph (h)(4) of this section. (4) IFQ vessel. (i) All Federal vessel permit numbers listed on the IFQ allo cation permit are authorized to possess golden tilefish pursuant to the IFQ al location permit. (ii) An IFQ allocation permit holder who wishes to authorize an additional vessel(s) to possess golden tilefish pur suant to the IFQ allocation permit must send written notification to NMFS. This notification must include: (A) The vessel name and permit num ber, and (B) The dates on which the IFQ allo cation permit holder desires the vessel to be authorized to land golden tilefish pursuant to the IFQ allocation permit. (iii) A vessel listed on the IFQ alloca tion permit is authorized to possess golden tilefish pursuant to the subject permit, until the end of the fishing year or until NMFS receives written notification from the IFQ allocation permit holder to remove the vessel. 1005 Fishery Conservation and Management § 648.294 (iv) A single vessel may not be listed on more than one IFQ allocation per mit at the same time. (v) A copy of the IFQ allocation per mit must be carried on board each ves sel so authorized to possess IFQ golden tilefish. (5) Alteration. An annual IFQ alloca tion permit that is altered, erased, or mutilated is invalid. (6) Replacement. The Regional Admin istrator may issue a replacement per mit upon written application of the an nual IFQ allocation permit holder. (7) Transfer. The annual IFQ alloca tion permit is valid only for the person to whom it is issued. All or part of the IFQ quota share or the annual IFQ al location specified in the IFQ allocation permit may be transferred in accord ance with paragraph (e) of this section. (8) Abandonment or voluntary relin quishment. Any IFQ allocation permit that is voluntarily relinquished to the Regional Administrator, or deemed to have been voluntarily relinquished for failure to pay a recoverable cost fee, in accordance with the requirements spec ified in paragraph (h)(2) of this section, or for failure to renew in accordance with paragraph (b)(1)(ii) of this section, shall not be reissued or renewed in a subsequent year. (c)–(d) [Reserved] (e) Transferring IFQ allocations—(1) Temporary transfers. Unless otherwise restricted by the provisions in para graph (e)(3) of this section, the initial holder of an annual IFQ allocation may transfer the entire annual IFQ alloca tion, or a portion of the annual IFQ al location, to any person or entity eligi ble to hold tilefish IFQ allocation under paragraph (a)(3) of this section. Annual IFQ allocation transfers shall be effective only for the fishing year in which the transfer is requested and processed, unless the applicant specifi cally requests that the transfer be processed for the subsequent fishing year. The Regional Administrator has final approval authority for all annual IFQ allocation transfer requests. The approval of a temporary transfer may be rescinded if the Regional Adminis trator finds that an emergency has ren dered the lessee unable to fish for the transferred annual IFQ allocation, but only if none of the transferred alloca tion has been landed. (2) Permanent transfers. Unless other wise restricted by the provisions in paragraph (e)(3) of this section, and subject to final approval by the Re gional Administrator, a holder of IFQ quota share may permanently transfer the entire IFQ quota share allocation, or a portion of the IFQ quota share al location, to any person or entity eligi ble to hold tilefish IFQ allocation under paragraph (a)(3) of this section. (3) IFQ allocation transfer restrictions. (i) If annual IFQ allocation is tempo rarily transferred to any eligible per son or entity, it may not be transferred again within the same fishing year, un less the transfer is rescinded due to an emergency, as described in paragraph (e)(1) of this section. (ii) A transfer of IFQ allocation or quota share will not be approved by the Regional Administrator if it would re sult in an entity holding, or having an interest in, a percentage of IFQ alloca tion exceeding 49 percent of the total golden tilefish adjusted TAL. (iii) For the purpose of calculating the appropriate IFQ cost recovery fee, if the holder of an IFQ allocation leases additional IFQ allocation, the quantity and value of golden tilefish landings made after the date the lease is ap proved by the Regional Administrator are attributed to the transferred quota before being attributed to the alloca tion holder’s base IFQ allocation, if any exists. In the event of multiple leases, landings would be attributed to the leased allocations in the order the leases were approved by the Regional Administrator. As described in para graph (h) of this section, a tilefish IFQ quota share allocation holder shall incur a cost recovery fee, based on the value of landings of golden tilefish au thorized under the allocation holder’s annual tilefish IFQ allocation, includ ing allocation that is leased to another IFQ allocation permit holder. (4) Application for an IFQ allocation transfer. Any IFQ allocation permit holder applying for either permanent transfer of IFQ quota share or tem porary transfer of annual IFQ alloca tion must submit a completed IFQ Al location Transfer Form, available from NMFS. The IFQ Allocation Transfer 1006 50 CFR Ch. VI (10–1–22 Edition) § 648.294 Form must be submitted to the NMFS Greater Atlantic Regional Fisheries Of fice at least 30 days before the date on which the applicant desires to have the IFQ allocation transfer effective. The Regional Administrator shall notify the applicants of any deficiency in the application pursuant to this section. Applications for permanent IFQ quota share allocation transfers must be re ceived by September 1 to be processed and effective before annual IFQ alloca tions are issued for the next fishing year. Applications for temporary IFQ allocation transfers must be received by October 10 to be processed for the current fishing year. (i) Application information require ments. An application to transfer IFQ allocation must include the following information: The type of transfer (ei ther temporary or permanent); the sig nature of both parties involved; the price paid for the transfer; a declara tion of the recipient’s eligibility to re ceive IFQ allocation; the amount of al location or quota share to be trans ferred; and a declaration, by IFQ allo cation permit number, of all the IFQ allocations in which the person or enti ty receiving the IFQ allocation has an interest. The person or entity receiving the IFQ allocation must indicate the permit numbers of all federally per mitted vessels that will possess or land the IFQ allocation. Information ob tained from the IFQ Allocation Trans fer Form is confidential pursuant to 16 U.S.C. 1881a. (ii) Approval of IFQ transfer applica tion. Unless an application to transfer IFQ quota share and/or annual IFQ al location is denied according to para graph (e)(4)(iii) of this section, the Re gional Administrator shall issue con firmation of application approval in the form of a new or updated IFQ allo cation permit to the parties involved in the transfer within 30 days of receipt of a completed application. (iii) Denial of IFQ transfer application. The Regional Administrator may re ject an application to transfer IFQ quota share or annual IFQ allocation for the following reasons: The applica tion is incomplete; the transferor does not possess a valid tilefish IFQ alloca tion permit; the transferor’s or trans feree’s vessel or tilefish IFQ allocation permit has been sanctioned pursuant to an enforcement proceeding under 15 CFR part 904; the transfer would result in the transferee having a tilefish IFQ allocation or holding IFQ quota share that exceeds 49 percent of the adjusted TAL allocated to IFQ allocation per mit holders; the transfer is to a person or entity that is not eligible to hold tilefish IFQ allocation under paragraph (a)(3) of this section; the transferor or transferee is delinquent in payment of an IFQ cost recovery fee as described in paragraph (h)(4) of this section; or any other failure to meet the requirements of this subpart. Upon denial of an ap plication to transfer IFQ allocation, the Regional Administrator shall send a letter to the applicant describing the reason(s) for the denial. The decision by the Regional Administrator is the final decision of the Department of Commerce; there is no opportunity for an administrative appeal. (f) IFQ allocation overages. If an IFQ allocation is exceeded, including by amounts of golden tilefish landed by a lessee in excess of a temporary transfer of IFQ allocation, the amount of the overage will be deducted from the IFQ shareholder’s allocation in the subse quent fishing year(s). If an IFQ alloca tion overage is not deducted from the appropriate allocation before the IFQ allocation permit is issued for the sub sequent fishing year, a revised IFQ al location permit reflecting the deduc tion of the overage shall be issued by NMFS. If the allocation cannot be re duced in the subsequent fishing year because the full allocation has already been landed or transferred, the IFQ al location permit will indicate a reduced allocation for the amount of the over age in the next fishing year. (g) IFQ allocation acquisition restric tion. No person or entity may acquire more than 49 percent of the annual ad justed golden tilefish TAL, specified pursuant to § 648.294, at any point dur ing a fishing year. For purposes of this paragraph, acquisition includes any permanent transfer of IFQ quota share or temporary transfer of annual IFQ al location. The calculation of IFQ alloca tion for purposes of the restriction on acquisition includes IFQ allocation in terests held by: A company in which the IFQ holder is a shareholder, officer, 1007 Fishery Conservation and Management ยง 648.294 or partner; an immediate family mem ber; or a company in which the IFQ holder is a part owner or partner. (h) IFQ cost recovery. As required under section 304(d)(2)(A)(i) of the Mag nuson-Stevens Act, the Regional Ad ministrator shall collect a fee to re cover the actual costs directly related to the management, data collection and analysis, and enforcement of the tilefish IFQ program. (1) Payment responsibility. Each tilefish IFQ allocation permit holder with quota share shall incur a cost re covery fee annually, based on the value of landings of golden tilefish author ized under his/her tilefish IFQ alloca tion, including allocation that he/she leases to another IFQ allocation permit holder. The tilefish IFQ allocation per mit holder is responsible for paying the fee assessed by NMFS. (2) IFQ fee determination. The tilefish IFQ cost recovery billing period runs annually from January 1 through De cember 31. (i) Determination of total recoverable costs. The Regional Administrator shall determine the actual costs directly as sociated with the management, data collection and analysis, and enforce ment of the tilefish IFQ program in curred by NMFS during the cost recov ery billing period. (ii) Calculating fee percentage. The re coverable costs determined by the Re gional Administrator will be divided by the total ex-vessel value of all golden tilefish IFQ landings during the cost recovery billing period to derive a fee percentage. Each IFQ allocation per mit holder with quota share will be as sessed a fee based on the fee percentage multiplied by the total ex-vessel value of all landings under his/her IFQ allo cation permit, including landings of al location that was leased to another IFQ allocation permit holder. (A) The ex-vessel value for each pound of golden tilefish landed by an IFQ allocation permit holder shall be determined from Northeast Federal dealer reports submitted to NMFS, which include the price per pound paid to the vessel at the time of dealer pur chase. (B) The cost recovery fee percentage shall not exceed three percent of the total value of golden tilefish landings, as required under section 304(d)(2)(B) of the Magnuson-Stevens Act. (3) Fee payment procedure. NMFS will create an annual IFQ allocation bill for each cost recovery billing period and provide it to IFQ allocation permit holders with quota share. The bill will include information regarding the amount and value of IFQ allocation landed during the prior cost recovery billing period, and the associated cost recovery fees. (i) Payment due date. An IFQ alloca tion permit holder who has incurred a cost recovery fee must pay the fee to NMFS within 45 days of the date of the bill. (ii) Payment submission method. Cost recovery payments shall be made elec tronically via the Federal Web portal, www.pay.gov, or other Internet sites designated by the Regional Adminis trator. Instructions for electronic pay ment shall be available on both the payment Web site and the cost recov ery fee bill. Electronic payment op tions shall include payment via a cred it card, as specified in the cost recov ery bill, or via direct automated clear ing house (ACH) withdrawal from a designated checking account. Alter natively, payment by check may be au thorized by Regional Administrator if he/she determines that electronic pay ment is not practicable. (4) Payment compliance. If an IFQ allo cation permit holder does not submit full payment by the due date described in paragraph (h)(3)(i) of this section, the Regional Administrator may: (i) At any time thereafter, notify the IFQ allocation permit holder in writing that his/her IFQ allocation permit is suspended, thereby prohibiting land ings of tilefish above the incidental limit, as specified at ยง 648.295(a). (ii) Disapprove any transfer of annual tilefish allocation or quota share to or from the IFQ allocation permit holder as described in paragraph (e)(4)(iii) of this section, until such time as the amount due is paid. (iii) Deny renewal of the IFQ alloca tion permit if it had not yet been issued for the current year, or deny re newal of the IFQ allocation permit for the following year. (iv) If the fee amount is not appealed, the Regional Administrator may issue 1008 50 CFR Ch. VI (10–1–22 Edition) § 648.295 a Final Administrative Determination (FAD) as described in paragraph (h)(5) of this section, based upon available in formation. (5) Appeal of IFQ fee amount. If a tilefish IFQ allocation permit holder disagrees with the fee amount deter mined by NMFS, he/she may appeal the cost recovery bill. (i) IFQ fee appeals must be submitted to NMFS in writing before the due date described in paragraph (h)(3)(i) of this section. (ii) The IFQ allocation permit holder shall have the burden of demonstrating that the fee amount calculated by NMFS is incorrect and what the cor rect amount is. (iii) If a request to appeal is sub mitted on time, the Regional Adminis trator shall notify the IFQ allocation permit holder in writing, acknowl edging the appeal and providing 30 days to submit any additional relevant doc umentation supporting an alternative fee amount. (iv) While the IFQ fee is under appeal and the tilefish IFQ allocation permit is suspended, as described in paragraph (h)(4) of this section, the IFQ alloca tion permit holder may request a Let ter of Authorization to fish until the appeal is concluded. Any tilefish land ed pursuant to the above authorization will count against the IFQ allocation permit, if issued. (v) Final Administrative Determination (FAD). Based on a review of available information, including any documenta tion submitted by the IFQ allocation permit holder in support of the appro priateness of a different fee amount, the Regional Administrator shall de termine whether there is a reasonable basis upon which to conclude that an alternate fee amount is correct. This determination shall be set forth in a FAD that is signed by the Regional Ad ministrator. A FAD shall be the final decision of the Department of Com merce. (A) The IFQ allocation permit holder shall have 30 days from the date of the FAD to comply with the terms of the FAD. (B) If the IFQ allocation permit hold er does not comply with the terms of the FAD within this period, the Re gional Administrator shall: (1) Refer the matter to the appro priate authorities within the U.S. De partment of the Treasury for purposes of collection; and (2) Cancel any Letter of Authoriza tion to fish that had been issued during the appeal. (vi) If NMFS does not receive full payment of an IFQ cost recovery fee prior to the end of the cost recovery billing period immediately following the one for which the fee was incurred, the subject IFQ allocation permit and any associated IFQ quota share shall be deemed to have been voluntarily re linquished pursuant to paragraph (b)(8) of this section. (6) Annual cost recovery report. NMFS will publish annually a report on the status of the tilefish IFQ cost recovery program. The report will provide de tails of the costs incurred by NMFS for the management, enforcement, and data collection and analysis associated with the tilefish IFQ program during the prior cost recovery billing period, and other relevant information at the discretion of the Regional Adminis trator. (i) Periodic review of the IFQ program. A formal review of the IFQ program must be conducted by the MAFMC within 5 years of the effective date of the final regulations. Thereafter, it shall be incorporated into every sched uled MAFMC review of the FMP (i.e., future amendments or frameworks), but no less frequently than every 7 years. [78 FR 49187, Aug. 13, 2013, as amended at 82 FR 52859, Nov. 15, 2017; 83 FR 10807, Mar. 13, 2018] § 648.295 Tilefish commercial trip lim its and landing condition. (a) Golden tilefish—(1) IFQ landings. Any golden tilefish landed by a vessel fishing under an IFQ allocation permit as specified at § 648.294(a), on a given fishing trip, count as landings under the IFQ allocation permit. (2) Incidental trip limit for vessels not fishing under an IFQ allocation. Any vessel of the United States fishing under a tilefish vessel permit, as de scribed at § 648.4(a)(12), unless the ves sel is fishing under a tilefish IFQ allo cation permit, is prohibited from pos sessing more than: 1009 Fishery Conservation and Management § 648.296 (i) 500 lb (226.8 kg) of golden tilefish at any time, or (ii) 50 percent, by weight, of the total of all species being landed; whichever is less. (3) In-season closure of the incidental fishery. The Regional Administrator will monitor the harvest of the golden tilefish incidental TAL based on dealer reports and other available informa tion, and shall determine the date when the incidental golden tilefish TAL has been landed. The Regional Ad ministrator shall publish a notice in the FEDERAL REGISTER notifying vessel and dealer permit holders that, effec tive upon a specific date, the incidental golden tilefish fishery is closed for the remainder of the fishing year. (b) Blueline tilefish—(1) Commercial possession limit. Any vessel of the United States fishing under a tilefish permit, as described at § 648.4(a)(12), is prohibited from possessing more than 500 lb (227 kg) of gutted blueline tilefish per trip in or from the Tilefish Manage ment Unit. (2) In-season adjustment of possession limit. The Regional Administrator will monitor the harvest of the blueline tilefish commercial TAL based on deal er reports and other available informa tion. (i) When 70 percent of the blueline tilefish commercial TAL will be land ed, the Regional Administrator may publish a notice in the FEDERAL REG ISTER notifying vessel and dealer per mit holders that, effective upon a spe cific date, the blueline tilefish com mercial possession limit is reduced to 300 lb (136 kg) of gutted blueline tilefish per trip in or from the Tilefish Manage ment Unit. (ii) When 100 percent of the blueline tilefish commercial TAL will be land ed, the Regional Administrator will publish a notice in the FEDERAL REG ISTER notifying vessel and dealer per mit holders that, effective upon a spe cific date, the blueline tilefish com mercial fishery is closed for the re mainder of the fishing year. No vessel may retain or land blueline tilefish in or from the Tilefish Management Unit after the announced closure date. (c) Landing condition. Commercial golden or blueline tilefish must be landed with head and fins naturally at tached, but may be gutted. [82 FR 52860, Nov. 15, 2017, as amended at 83 FR 10807, Mar. 13, 2018; 84 FR 3342, Feb. 12, 2019] § 648.296 Tilefish recreational posses sion limits and gear restrictions. (a) Golden tilefish. (1) The rec reational tilefish possession limit for charter/party and private recreational anglers is eight golden tilefish per an gler per trip. Any vessel engaged in recreational fishing for golden tilefish may not retain golden tilefish, unless issued a valid Federal charter/party permit, pursuant to § 648.4(a)(12)(ii), or a valid Federal private recreational tilefish permit issued pursuant to § 648.4(a)(12)(iv). (2) Any vessel engaged in rec reational fishing may not retain golden tilefish, unless exclusively using rod and reel fishing gear, with a maximum limit of five hooks per rod. Anglers may use either a manual or an electric reel. (b) Blueline tilefish. The recreational blueline tilefish fishery is open May 1 through October 31, and closed Novem ber 1 through April 30. (1) Private recreational vessels. Anglers fishing onboard a vessel issued a Fed eral private recreational tilefish per mit pursuant to § 648.4(a)(12)(iv), may land up to three blueline tilefish per person per trip. (2) Uninspected for-hire vessels. An glers fishing onboard a for-hire vessel under a tilefish charter/party vessel permit issued pursuant to § 648.4(a)(12), which has not been issued a valid U.S. Coast Guard Certificate of Inspection may land up to five blueline tilefish per person per trip. (3) Inspected for-hire vessels. Anglers fishing onboard a for-hire vessel under a tilefish charter/party vessel permit issued pursuant to § 648.4(a)(12), which has been issued a valid U.S. Coast Guard Certificate of Inspection may land up to seven blueline tilefish per person per trip. (c) Enforcement. Tilefish harvested by vessels subject to the possession limits with more than one person on board may be pooled in one or more con tainers. Compliance with the golden 1010 50 CFR Ch. VI (10–1–22 Edition) § 648.297 tilefish possession limit will be deter mined by dividing the number of gold en tilefish on board by the number of persons on board. Compliance with the blueline tilefish possession limit will be determined by dividing the number of blueline tilefish on board by the number of persons on board. The cap tain and crew of a party or charter boat are not counted in determining the possession limit. If there is a viola tion of the possession limit on board a vessel carrying more than one person, the violation shall be deemed to have been committed by the owner and oper ator of the vessel. [82 FR 52861, Nov. 15, 2017, as amended at 83 FR 10807, Mar. 13, 2018; 84 FR 3342, Feb. 12, 2019; 85 FR 43152, July 15, 2020] § 648.297 Tilefish gear restricted areas. No vessel of the United States may fish with bottom-tending mobile gear within the areas bounded by the fol lowing coordinates: Canyon N. lat. W. long. Degrees Min Seconds Degrees Min Seconds Oceanographer ............................................................. 40.0 29.0 50.0 68.0 10.0 30.0 40.0 29.0 30.0 68.0 8.0 34.8 40.0 25.0 51.6 68.0 6.0 36.0 40.0 22.0 22.8 68.0 6.0 50.4 40.0 19.0 40.8 68.0 4.0 48.0 40.0 19.0 5.0 68.0 2.0 19.0 40.0 16.0 41.0 68.0 1.0 16.0 40.0 14.0 28.0 68.0 11.0 28.0 Lydonia .......................................................................... 40.0 31.0 55.2 67.0 43.0 1.2 40.0 28.0 52.0 67.0 38.0 43.0 40.0 21.0 39.6 67.0 37.0 4.8 40.0 21.0 4.0 67.0 43.0 1.0 40.0 26.0 32.0 67.0 40.0 57.0 40.0 28.0 31.0 67.0 43.0 0.0 Veatch ........................................................................... 40.0 0.0 40.0 69.0 37.0 8.0 40.0 0.0 41.0 69.0 35.0 25.0 39.0 54.0 43.0 69.0 33.0 54.0 39.0 54.0 43.0 69.0 40.0 52.0 Norfolk ........................................................................... 37.0 5.0 50.0 74.0 45.0 34.0 37.0 6.0 58.0 74.0 40.0 48.0 37.0 4.0 31.0 74.0 37.0 46.0 37.0 4.0 1.0 74.0 33.0 50.0 36.0 58.0 37.0 74.0 36.0 58.0 37.0 4.0 26.0 74.0 41.0 2.0 [76 FR 60647, Sept. 29, 2011] § 648.299 Tilefish framework specifica tions. (a) Within-season management action. The MAFMC may, at any time, initiate action to add or adjust management measures if it finds that action is nec essary to meet or be consistent with the goals and objectives of the Tilefish FMP. (1) Specific management measures. The following specific management meas ures may be adjusted at any time through the framework adjustment process: (i) Minimum fish size; (ii) Minimum hook size; (iii) Closed seasons; (iv) Closed areas; (v) Gear restrictions or prohibitions; (vi) Permitting restrictions; (vii) Gear limits; (viii) Trip limits; (ix) Adjustments within existing ABC control rule levels; (x) Adjustments to the existing MAFMC risk policy; (xi) Introduction of new AMs, includ ing sub ACTs; (xii) Annual specification quota set ting process; (xiii) Tilefish FMP Monitoring Com mittee composition and process; (xiv) Description and identification of EFH; (xv) Fishing gear management meas ures that impact EFH; (xvi) Habitat areas of particular con cern; 1011 Fishery Conservation and Management § 648.299 (xvii) Set-aside quotas for scientific research; (xviii) Changes, as appropriate, to the SBRM, including the CV-based per formance standard, the means by which discard data are collected/ob tained, fishery stratification, the proc ess for prioritizing observer sea-day al locations, reports, and/or industry funded observers or observer set aside programs; (xix) Recreational management measures, including the bag limit, min imum fish size limit, seasons, and gear restrictions or prohibitions; (xx) Golden tilefish IFQ program re view components, including capacity reduction, safety at sea issues, trans ferability rules, ownership concentra tion caps, permit and reporting re quirements, and fee and cost-recovery issues; (xxi) Blueline tilefish recreational permitting and reporting requirements previously considered by the MAFMC; and (xxii) Blueline tilefish allocations to the commercial and recreational sec tors of the fishery within the range of allocation alternatives considered by the MAFMC in Amendment 6. (xxiii) Measures that require signifi cant departures from previously con templated measures or that are other wise introducing new concepts may re quire a formal amendment of the FMP instead of a framework adjustment. (2) Adjustment process. If the MAFMC determines that an adjustment to man agement measures is necessary to meet the goals and objectives of the FMP, it will recommend, develop, and analyze appropriate management actions over the span of at least two MAFMC meet ings. The MAFMC will provide the pub lic with advance notice of the avail ability of the recommendation, appro priate justifications and economic and biological analyses, and opportunity to comment on the proposed adjustments prior to and at the second MAFMC meeting on that framework action. (3) MAFMC recommendation. After de veloping management actions and re ceiving public testimony, the MAFMC will make a recommendation to the Regional Administrator. The MAFMC’s recommendation must include sup porting rationale and, if management measures are recommended, an anal ysis of impacts and a recommendation to the Regional Administrator on whether to issue the management measures as a final rule. If the MAFMC recommends that the management measures should be issued as a final rule, it must consider at least the fol lowing factors and provide support and analysis for each factor considered: (i) Whether the availability of data on which the recommended manage ment measures are based allows for adequate time to publish a proposed rule, and whether regulations have to be in place for an entire harvest/fishing season; (ii) Whether there has been adequate notice and opportunity for participa tion by the public and members of the affected industry in the development of the MAFMC’s recommended manage ment measures; (iii) Whether there is an immediate need to protect the resource; and (iv) Whether there will be a con tinuing evaluation of management measures adopted following their im plementation as a final rule. (4) Regional Administrator action. If the MAFMC’s recommendation in cludes adjustments or additions to management measures and, after re viewing the MAFMC’s recommendation and supporting information: (i) If the Regional Administrator con curs with the MAFMC’s recommended management measures and determines that the recommended management measures should be issued as a final rule based on the factors specified in paragraphs (a)(2) and (a)(3) of this sec tion, the measures will be issued as a final rule in the FEDERAL REGISTER. (ii) If the Regional Administrator concurs with the MAFMC’s rec ommendation and determines that the recommended management measures should be published first as a proposed rule, the measures will be published as a proposed rule in the FEDERAL REG ISTER. After additional public com ment, if the Regional Administrator concurs with the MAFMC’s rec ommendation, the measures will be issued as a final rule in the FEDERAL REGISTER. 1012 50 CFR Ch. VI (10–1–22 Edition) § 648.320 (iii) If the Regional Administrator does not concur with the MAFMC’s rec ommendation, the MAFMC will be no tified in writing of the reasons for the non-concurrence. (b) Emergency action. Nothing in this section is meant to derogate from the authority of the Secretary to take emergency action under section 305(e) of the Magnuson-Stevens Act. [76 FR 60648, Sept. 29, 2011, as amended at 76 FR 81850, Dec. 29, 2011; 80 FR 37199, June 30, 2015; 82 FR 52861, Nov. 15, 2017] Subpart O—Management Meas ures for the NE Skate Com plex Fisheries SOURCE: 68 FR 49701, Aug. 19, 2003, unless otherwise noted. § 648.320 Skate FMP review and moni toring. (a) Annual review and specifications process. The Council, its Skate Plan De velopment Team (PDT), and its Skate Advisory Panel shall monitor the sta tus of the fishery and the skate re sources. (1) The Skate PDT shall meet at least annually to review the status of the species in the skate complex. At a minimum, this review shall include an nual updates to survey indices, fishery landings and discards; a re-evaluation of stock status based on the updated survey indices and the FMP’s over fishing definitions; and a determina tion of whether any of the account ability measures specified under § 648.323 were triggered. The review shall also include an analysis of changes to other FMPs (e.g., Northeast Multispecies, Monkfish, Atlantic Scal lops, etc.) that may impact skate stocks, and describe the anticipated impacts of those changes on the skate fishery. (2) If new and/or additional informa tion becomes available, the Skate PDT shall consider it during this annual re view. Based on this review, the Skate PDT shall provide guidance to the Skate Committee and the Council re garding the need to adjust measures in the Skate FMP to better achieve the FMP’s objectives. After considering guidance, the Council may submit to NMFS its recommendations for changes to management measures, as appropriate, through the specifications process described in this section, the framework process specified in § 648.321, or through an amendment to the FMP. (3) For overfished skate species, the Skate PDT and the Council shall mon itor the trawl survey index as a proxy for stock biomass. As long as the 3 year average of the appropriate weight per tow increases above the average for the previous 3 years, it is assumed that the stock is rebuilding to target levels. If the 3-year average of the appropriate survey mean weight per tow declines below the average for the previous 3 years, then the Council shall take man agement action to ensure that stock rebuilding will achieve target levels. (4) Based on the annual review de scribed above and/or the Stock Assess ment and Fishery Evaluation (SAFE) Report described in paragraph (b) of this section, recommendations for ac ceptable biological catch (ABC) from the Scientific and Statistical Com mittee, and any other relevant infor mation, the Skate PDT shall rec ommend to the Skate Committee and Council the following annual specifica tions for harvest of skates: An annual catch limit (ACL) for the skate com plex set less than or equal to ABC; an annual catch target (ACT) for the skate complex set less than or equal to 90 percent of the ACL; and total allow able landings (TAL) necessary to meet the objectives of the FMP in each fish ing year (May 1–April 30), specified for a period of up to 2 fishing years. (5) Recommended measures. The Skate PDT shall also recommend manage ment measures to the Skate Com mittee and Council to assure that the specifications are not exceeded. Rec ommended measures should include, but are not limited to: (i) Possession limits in each fishery; (ii) In-season possession limit trig gers for the wing and/or bait fisheries; (iii) Required adjustments to in-sea son possession limit trigger percent ages or the ACL–ACT buffer, based on the accountability measures specified at § 648.323; and (iv) Changes, as appropriate, to the SBRM, including the CV-based per formance standard, the means by