Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Fishing Year 2016; Recreational Management Measures, 26452-26459 [2016-10053]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Rules and Regulations]
[Pages 26452-26459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10053]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 160120042-6337-02]
RIN 0648-BF69


Magnuson-Stevens Fishery Conservation and Management Act 
Provisions; Fisheries of the Northeastern United States; Northeast 
Groundfish Fishery; Fishing Year 2016; Recreational Management Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action sets the recreational management measures for Gulf 
of Maine cod and haddock for the 2016 fishing year. This action is 
intended to increase recreational fishing opportunities for cod and 
haddock consistent with the 2016 catch limits for these stocks, while 
ensuring the quotas are not exceeded. This action is expected to 
facilitate the recreational fishery achieving the recreational quotas 
for 2016.

DATES: Effective May 1, 2016.

ADDRESSES: Copies of a supplemental environmental assessment (EA) to 
Framework Adjustment 55 to the Northeast Multispecies Fishery 
Management Plan prepared by the Greater Atlantic Regional Fisheries 
Office and Northeast Fisheries Science Center; and the Framework 55 EA 
prepared by the New England Fishery Management Council for this 
rulemaking are available from: John K. Bullard, Regional Administrator, 
National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, 
MA 01930. The Framework 55 EA and supplement are also accessible via 
the Internet at: https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/. These documents are also accessible 
via the Federal eRulemaking Portal: https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mark Grant, Sector Policy Analyst, 
phone: 978-281-9145; email: Mark.Grant@noaa.gov.

SUPPLEMENTARY INFORMATION:

Background

Statutory Authority

    Under the Northeast Multispecies Fishery Management Plan (FMP), 
specific sub-annual catch limits (sub-ACL) for the recreational fishery 
are established for each fishing year for Gulf of Maine (GOM) cod and 
haddock. The regulations at 50 CFR 648.89(f)(3) authorize the Regional 
Administrator, in consultation with the New England Fishery Management 
Council (Council), to modify the recreational management measures for 
the upcoming fishing year to ensure the recreational fishery achieves, 
but does not exceed, the recreational fishery sub-ACLs. The proposed 
rule for this action published in the Federal Register (81 FR 11168; 
March 3, 2016) provides details on the consultation with the Council 
and how the Council developed its recommendations; that information is 
not repeated here.

Fishing Year 2016 Recreational Management Measures

    After consulting with the Council, we are increasing recreational 
fishing opportunities for GOM cod and haddock. Starting May 1, 2016, 
anglers may retain 1 cod per day during August and September, and may 
keep up to 15 haddock per day for most of the fishing year. Table 1 
provides the new measures effective with the start of fishing year 2016 
(May 1, 2016) compared to the current measures. These measures are 
based on the fishing year 2016 recreational quotas, and removal of the 
GOM cod retention prohibition approved and implemented as part of 
Framework Adjustment 55 to the Northeast Multispecies FMP.
[GRAPHIC] [TIFF OMITTED] TR02MY16.005

    For 2016, the GOM haddock recreational sub-ACL is increasing 149 
percent compared to 2015, based on continued growth of the stock 
biomass. Although GOM cod remains overfished and subject to 
overfishing, biomass has increased slightly, and the GOM cod 
recreational sub-ACL is increasing 30 percent compared to 2015. A more 
detailed summary of these catch limits, and the removal of the cod 
prohibition, is provided in the Framework 55 final rule and not 
repeated here.

Changes From Proposed Rule

    On March 3, 2016, we published a proposed rule in the Federal 
Register

[[Page 26453]]

(81 FR 11168) to increase recreational fishing opportunities for GOM 
cod and haddock starting May 1, 2016. We intended to propose measures 
as recommended by the Council. However, that proposed rule contained 
inadvertent errors in the dates that GOM haddock possession would be 
prohibited. Instead of a March 1-April 14 closure as recommended by the 
Council, we inadvertently proposed a closed season of April 15-April 
30. We published a correction in the Federal Register (81 FR 14817; 
March 18, 2016) and extended the comment period. This final rule 
implements the corrected measures, as recommended by the Council.

Analysis

    Recreational catch and effort data are estimated by the Marine 
Recreational Information Program (MRIP). A peer-reviewed bioeconomic 
model, developed by the Northeast Fishery Science Center, was used to 
estimate 2016 recreational GOM cod and haddock mortality under various 
combinations of minimum sizes, possession limits, and closed seasons. 
Catch data and model projections suggest that the recreational fleet is 
not expected to exceed its fishing year 2015 catch limits for GOM cod 
or haddock. Further, based on the increased recreational sub-ACLs for 
the 2016 fishing year, analyses indicate that recreational catch for 
both GOM cod and haddock could be increased without undermining 
conservation objectives. Additional details are provided in the 
Supplemental EA (see ADDRESSES) and the proposed rule published on 
March 3, 2016 (81 FR 11168), and are not repeated here.
    The final measures implemented by this action for the 2016 fishing 
year, as recommended by the Council, are expected to result in an 
increase in the number of trips taken by anglers, and increased catch, 
in comparison to retaining the 2015 measures, while staying within the 
recreational sub-ACLs for 2016 (Table 2).

[[Page 26454]]

[GRAPHIC] [TIFF OMITTED] TR02MY16.006


[[Page 26455]]



Comments and Responses

    We received 102 comments on the proposed 2016 recreational 
measures. One comment received was not germane to the proposed 
measures. We received comments from the Council, the Massachusetts 
Striped Bass Association, the Stellwagen Bank Charter Boat Association, 
and 99 individuals.

Haddock Measures

    Comment 1: Seventy-five commenters generally supported the proposed 
recreational haddock measures.
    Response: We agree and have approved the haddock measures 
recommended by the Council. As further discussed in the proposed rule 
and the supplemental EA, the measures being implemented for the 2016 
fishing year are expected to result in an increase in the number of 
trips taken by anglers, and increased catch, in comparison to retaining 
the 2015 measures, while staying within the recreational quotas for 
2016. These expected increases will help the recreational fishery 
achieve its quota for GOM haddock and have positive economic impacts.

Haddock Bag Limit

    Comment 2: Three individuals commented that the haddock bag limit 
should be higher. One individual felt a higher bag limit was 
appropriate because haddock were abundant in the GOM, and two 
individuals asserted that a higher haddock bag limit was necessary for 
customers to justify the expense of a trip on a charter or party boat 
(for-hire vessels).
    Response: We agree with the Council's recommendation that the 
haddock bag limit should be 15 fish due to uncertainty in the model, 
concerns about a dramatic change in the possession limit, and a history 
of catch exceeding the recreational quota when the possession limit was 
unlimited. The 15-fish bag limit for haddock is considered the best 
compromise to increase in the number of trips taken and fish caught 
while staying within the recreational sub-ACLs for 2016 (Table 2).
    Comment 3: Seven individuals commented that the haddock bag limit 
should be lower. Their reasons included a preference for coupling a 
smaller bag limit with a larger minimum size to yield better fish, 
uncertainty in the stock assessment, and concern that catch would be 
higher than predicted because headboats would stay on one spot until 
every customer catches the bag limit.
    Response: The GOM haddock stock is not overfished and overfishing 
is not occurring. The 2015 operational assessment found the population 
projections of the stock are reliable. There is some uncertainty in the 
model used to estimate 2016 recreational catch because it cannot 
anticipate how much effort may increase, as discussed in detail in the 
supplemental EA (see ADDRESSES). However, the model estimates that the 
increased bag limit and lengthened open season will substantially 
increase fishing effort and haddock catch compared to last year, while 
restraining catch within the sub-ACL (catch estimated at 76 percent of 
quota, see Table 2). As further explained in the response to comment 6, 
there is no new information available to show a population shift to 
larger haddock so the 17-inch (43.2-cm) minimum size has been retained 
because it would result in anglers achieving their bag limit more 
quickly, reducing overall mortality, and particularly discard 
mortality. In light of this information, the commenter's suggested 
trade-off would likely increase overall or discard mortality.
    Comment 4: Two individuals commented that the 15-fish bag limit for 
haddock would lead to increased discards of cod.
    Response: We disagree. Analysis indicates recreational cod bycatch 
on targeted haddock trips was significantly lower in 2015 compared to 
previous years. The larger bag limit for haddock is expected to 
encourage targeted haddock trips, and for this reason we expect anglers 
will continue to successfully avoid cod. Based on the final 2016 
measures included in this rule, total GOM cod mortality (Table 2), 
including release mortality, is estimated to be only 73-84 percent of 
the recreational quota. GOM cod release mortality is estimated to be 
86-89 mt, or approximately 55-57 percent of the recreational quota. The 
model predicts maintaining a 3-fish bag limit for haddock (status quo 
measures) would result in 62 mt of cod discard mortality. This analysis 
is available at: https://s3.amazonaws.com/nefmc.org/4e.151124_FY2016_simulations_RAP_and_Committee_options_NEFSC.pdf. Given 
the increase in the recreational cod quota for 2016, this modest 
increase in cod discard mortality is not a biological concern.
    Comment 5: One commenter expressed concern that a 15-fish bag limit 
for haddock would encourage a black market for recreationally-caught 
fish because it exceeded the consumption needs of recreational anglers.
    Response: Selling recreationally caught fish is illegal. 
Apprehended violators will be sanctioned and illegal activity will be 
deterred. There is no evidence that a black market for recreationally 
caught haddock has ever existed under varying bag limits in the past. 
The 15-fish bag limit for GOM haddock, while an increase from the 2015 
bag limit, is lower than historical bag limits and is not expected to 
create a new incentive for non-compliance.

Haddock Minimum Size

    Comment 6: Sixty commenters stated that the 17-inch (43.2-cm) 
minimum size for haddock would reduce discards of haddock.
    Response: We agree. In 2015, the minimum size for recreationally 
caught haddock was reduced from 21 inches (53.3 cm) to 17 inches (43.2 
cm). The minimum size was reduced because there were a large number of 
haddock in the 17-inch (43.2-cm) to 20-inch (50.8-cm) range, and a 17-
inch (43.2-cm) minimum size would result in anglers achieving their bag 
limit more quickly, reducing overall mortality. There is no new 
information available to show a population shift to larger haddock so 
the 17-inch (43.2-cm) minimum size has been retained to reduce overall 
mortality, but particularly discard mortality, consistent with National 
Standard 9.
    Comment 7: Three individuals commented that the haddock minimum 
size should be increased.
    Response: As discussed in the response to comment 6, the minimum 
size for recreationally caught haddock was reduced to 17 inches (43.2 
cm) in 2015 because there were a large number of haddock in the 17-inch 
(43.2-cm) to 20-inch (50.8-cm) range. There is no new information 
available to suggest a population shift to larger haddock; therefore, 
the 17-inch (43.2-cm) minimum size has been retained to reduce overall 
mortality, but particularly discard mortality.

Haddock Season

    Comment 8: Three individuals commented that the haddock season 
should be open longer.
    Response: We disagree. We have determined that the Council's 
recommended haddock season is more likely to achieve conservation 
objectives in light of weighing the benefits of having a spring open 
season against the risks of uncertainty in the model. In particular, we 
share the Council's concern about a lack of catch data from March 1 
through April 14 to inform the analysis and estimate the impact of 
haddock fishing during that period.

[[Page 26456]]

Cod Measures

    Comment 9: Eleven commenters generally supported the proposed 
recreational cod measures.
    Response: We agree and have approved the cod measures recommended 
by the Council. As further discussed in the proposed rule and the 
supplemental EA, the measures being implemented for the 2016 fishing 
year are expected to result in an increase in the number of trips taken 
by anglers, increased catch, and positive economic impacts in 
comparison to retaining the 2015 measures, while staying within the 
recreational quotas for 2016.
    Comment 10: The Massachusetts Striped Bass Association and one 
individual commented that the GOM cod stock should remain closed to 
recreational fishing until the stock can support a longer season.
    Response: We disagree. We have determined that the Council's 
recommended 2-month open season is the best compromise for achieving 
National Standard 1's requirement to achieve optimum yield while 
preventing overfishing for the recreational cod fishery. The analysis 
described in the Supplemental EA and proposed rule show this short open 
season will provide benefits to the public in the form of increased 
recreational fishing opportunities and cod catch, with related economic 
benefits, without exceeding the recreational quota. Additionally, 
analysis suggests that this limited open season for cod will reduce cod 
discards by turning some of that mortality into landings.

Cod Bag Limit

    Comment 11: The Stellwagen Bank Charter Boat Association and 70 
individuals opposed the 1-fish bag limit and commented in support of a 
larger bag limit for GOM cod. One individual suggested that the cod bag 
limit be adjusted to turn release mortality into landings. Three 
individuals commented that the cod bag limit was too low to justify the 
expense of a trip.
    Response: As described in the proposed rule and the EA prepared for 
Framework Adjustment 55, the GOM cod stock is overfished and subject to 
overfishing, but the biomass has increased slightly. Framework 
Adjustment 55 has increased the recreational sub-ACL to 157 mt. The 
analyses presented to the Recreational Advisory Panel (https://s3.amazonaws.com/nefmc.org/4c_151117_Recreational_Measures_Presentation_RAP_NEFSC.pdf) suggest 
that increasing the bag limit beyond one fish would likely cause the 
recreational fishery to exceed its quota. Rather than converting 
discarded cod to landings, an increased bag limit would lead to 
increased effort targeting cod and result in catch exceeding the 
recreational cod quota. Based on the analyses, we agree with the 
Council's recommendation to implement the one-fish bag limit for the 
months of August and September as the best way to balance recreational 
fishing opportunities and cod mortality.
    We encourage the recreational community to fish not only for cod, 
but for the other plentiful species in our waters, including haddock, 
pollock, and redfish. Recipes for these fish are available on our 
Fishwatch Web site at: https://www.fishwatch.gov/eating-seafood/recipes.
    Comment 12: In opposing the one-fish bag limit for GOM cod, the 
Stellwagen Bank Charter Boat Association and 59 individuals commented 
that in 2015 there had been many reports of cod bycatch in the GOM and 
excellent cod fishing in southern New England. An additional six 
individuals and the Stellwagen Bank Charter Boat Association also 
commented that cod are more abundant in the GOM. Additionally, one 
commenter asserted that the recreational discard mortality was 
incorrectly assumed to be 100 percent.
    Response: Atlantic cod are managed as two distinct stocks: GOM and 
Georges Bank. Atlantic cod caught in southern New England are part of 
the Georges Bank stock, and are not part of the GOM stock. As described 
more fully in the Framework Adjustment 55 EA, an operational assessment 
of GOM cod was conducted in 2015. The review panel concluded that the 
updated assessment was acceptable as a scientific basis for management 
advice. Consistent with National Standard 2, this assessment was 
considered the best scientific information available upon which to base 
management measures. This operational assessment included the most 
recent information on recreational discard mortality for GOM cod (15 
percent) to re-estimate recreational catch from 2004 through 2014. The 
assessment found that the stock is overfished, subject to overfishing, 
and spawning stock biomass was only 4-6 percent of the biomass target. 
Based on this information, and that GOM cod remains subject to a 
rebuilding program as part of the Northeast Multispecies FMP, the 
recreational measures implemented by this rule are necessary to prevent 
the recreational fishery from exceeding the quota.
    Comment 13: One individual recommended a mid-year adjustment to 
increase or decrease the cod bag limit based on science or input from 
the for-hire fleet.
    Response: Although a mid-year adjustment may be beneficial in some 
circumstances, this type of mid-season, real-time adjustment is not 
currently possible for the recreational groundfish fishery. As 
described in greater detail in the proposed rule and Supplemental EA, 
the Marine Recreational Information Program (MRIP) gathers fishing 
effort and catch data in two month ``waves'' (for example, wave 1 is 
January-February; wave 2 is March-April), and preliminary data for a 
given wave is generally not available until 6 weeks after the wave 
ends. Accurately assessing catch mid-year, modeling potential changes, 
and revising regulations in time to make any meaningful change prior to 
the end of the fishing year would not be possible.

Cod Minimum Size

    Comment 14: Three individuals commented that the minimum size for 
cod should be lowered. One of the individuals suggested that a 19-inch 
(48.3-cm) minimum size and a 30-inch (76.3-cm) maximum size be 
implemented rather than only a minimum size.
    Response: The recreational groundfish fishery has historically been 
managed with minimum sizes to protect juveniles and control overall 
mortality. As described in the proposed rule, we consulted with the 
Council, including the Recreational Advisory Panel and the Groundfish 
Oversight Committee. Analysis of potential measures for 2016 showed 
that cod catch and mortality increased with lower minimum sizes. Based 
on these analyses, the Council, the Recreational Advisory Panel, and 
the Groundfish Oversight Committee all recommended a 24-inch minimum 
size for cod. The commenter did not explain why a maximize size limit 
combined with a minimum size limit would better achieve the 
conservation objectives for cod. Therefore, we have determined that the 
Council's recommended minimum size by itself is expected to keep the 
recreational cod catch below the quota.

Cod Season

    Comment 15: The Stellwagen Bank Charter Boat Association and 65 
individuals commented in support of a longer open season for cod than 
the two months set by this final rule. A total of three individuals 
also commented that the open season for cod should be in the spring to 
reflect historical fishing patterns.

[[Page 26457]]

    Response: We disagree with setting a longer open season and with 
moving the open season to spring. We agree with the Council's 
recommendation to open August and September for cod fishing because it 
protects spring-spawning cod, provides more conservation than a spring 
opening, and strikes a better balance between the summer season 
preferred by many private recreational anglers and tourists relying on 
for-hire vessels in the southern GOM, and the longer fall season 
favored by the for-hire vessels further north in the GOM looking to 
extend their season.

General Comments

    Comment 16: One commenter felt that it was unfair for closed 
seasons to always occur in spring because it disadvantaged for-hire 
businesses.
    Response: Over time, closed seasons for GOM cod and haddock have 
occurred during different seasons (including spring, summer, fall, and 
winter). As stated in the previous comment, we agree with the Council's 
recommendation to curtail the spring open season for GOM cod, in part, 
because spring is a spawning season for cod in the GOM and keeping the 
GOM closed to recreational vessels during spawning season provides more 
protection of the cod stock there. We will continue to work 
collaboratively with the recreational community to develop measures 
that best meet the needs of the fishery.
    Comment 17: One individual commented that the for-hire fleet should 
have different regulations than private recreational anglers.
    Response: We do not agree that there should be different measures 
between the for-hire fleet and private recreational anglers at this 
time because the Northeast Multispecies FMP does not specify separate 
goals or objectives for managing these two segments of the fishery. The 
Council has allocated sub-ACLs of GOM cod and haddock to the 
recreational fishery as a whole, but has not further divided those 
allocations between the private and for-hire sectors. The Recreational 
Advisory Panel has discussed the idea of separating the private angler 
and for-hire sectors of the recreational fishery, but the Council has 
chosen not to recommend such measures. Accordingly, we are implementing 
recreational measures applicable to all vessels recreational fishing 
for GOM cod and haddock.
    Comment 18: We received many comments comparing the recreational 
and commercial fisheries. Commenters argued that the recreational 
fishery has little impact on stocks, that recreational fishermen should 
not be penalized for the poor status of the GOM cod stock, and that the 
commercial fishery (particularly draggers) was responsible for the 
current GOM cod stock status.
    Response: Based on historical landings, approximately one third of 
the GOM cod and haddock annual catch limits are allocated to the 
recreational fishery. Preliminary estimates for fishing year 2015 catch 
show that the recreational fishery stayed within its allocations. 
However, in fishing years 2013 and 2014, the recreational fishery 
exceeded both its GOM cod and haddock quotas by considerable amounts. 
In 2014, catch of GOM haddock from recreational vessels exceeded that 
from commercial groundfish vessels. Recreational catch is a significant 
portion of the GOM cod and haddock harvest and it needs to be 
adequately managed in tandem with the commercial fishery to ensure that 
catch limits necessary to prevent overfishing these stocks and rebuild 
the cod stock are not exceeded. For these reasons, the recreational 
measures implemented by this rule are necessary to prevent the 
recreational fishery from exceeding its sub-ACL in fishing year 2016.
    Comment 19: We received 63 comments requesting that we consider 
economic impacts when setting the recreational measures for 2016.
    Response: The supplemental EA developed for this action considers 
economic impacts of these recreational measures. It estimates that the 
number of angler trips in 2016 will increase more than 60 percent from 
2015. Based on an increased number of trips, and increased catch, we 
anticipate these measures will have a positive economic impact in 
comparison to measures currently in place for 2015. These measures are 
intended to mitigate the economic impacts of continued low allocations 
of GOM cod.
    Comment 20: One individual recommended that we ban treble hooks to 
reduce discard mortality of cod and haddock.
    Response: The Council did not recommend banning treble hooks in its 
consultation with us. There is no conclusive scientific evidence, at 
this time, that banning treble hooks would have positive conservation 
benefits in the GOM groundfish fishery, but there is ongoing research 
on this type of measure. Until we have more scientific evidence on this 
type of gear change, we have determined not to implement a ban on 
treble hooks.
    Comment 21: One individual commented that recreational effort in 
the GOM is higher than data show and recommended additional data be 
collected from small recreational fishing vessels.
    Response: Currently, all recreational data is collected through 
MRIP which estimates effort by private recreational vessels from 
information collected by the Coastal Household Telephone Survey. MRIP 
is transitioning to a mail survey design to improve the information 
collected. Beginning in January 2018, the transition will be complete 
and the mail survey will have replaced the telephone survey. Until 
then, both surveys are being run to calibrate the new survey and this 
is considered to collect the best scientific information available.

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
these measures are necessary for the conservation and management of the 
Northeast multispecies fishery and that it is consistent with the 
Magnuson-Stevens Fishery Conservation and Management Act and other 
applicable laws.
    There is good cause under 5 U.S.C. 553(d)(1) and (3) to waive the 
requirement for an effective date 30 days after date of publication 
because this rule relieves a restriction by increasing recreational 
fishing opportunities for Gulf of Maine (GOM) cod and haddock. This 
rule could not have been published sooner because data to justify these 
measures was only recently available and there was a regulatory 
requirement to first consult with the Council which could be done no 
sooner than its December 1-3, 2015, meeting. Subsequent to that meeting 
NMFS was required to publish a proposed rule and accept comment on the 
proposed measures prior to publishing this final rule. Currently, 
recreational fishing vessels are prohibited from retaining any GOM cod. 
Additionally, the recreational bag limit for GOM haddock is three fish 
and the fishery is only open May through August and November through 
February.
    The measures implemented by this final rule relieve the current 
restriction on the recreational fishery by increasing the GOM cod bag 
limit from zero to one fish and the haddock bag limit from 3 fish to 15 
fish beginning on May 1, resulting in in positive economic benefits to 
the recreational fishery. Because the recreational fishery has been 
closed since February 29, 2016, it is important to immediately 
implement this increased bag limit to ensure that recreational anglers, 
and the small businesses that make up the for-hire fleet, can plan for 
and make the most of

[[Page 26458]]

the short spring and summer season when weather is best for small boats 
in the GOM.
    This final rule has been determined to be not significant for 
purposes of Executive Order 12866.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration during the proposed rule stage that this action would 
not have a significant economic impact on a substantial number of small 
entities. The factual basis for the certification was published in the 
proposed rule and is not repeated here. No comments were received 
regarding this certification. As a result, a regulatory flexibility 
analysis was not required and none was prepared.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: April 20, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons stated in the preamble, NMFS amends 50 CFR part 648 
as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.


0
2. In Sec.  648.89, revise paragraphs (b)(1), (c)(1)(ii), (c)(2), and 
(c)(8) to read as follows:


Sec.  648.89  Recreational and charter/party vessel restrictions.

* * * * *
    (b) Recreational minimum fish sizes--(1) Minimum fish sizes. Unless 
further restricted under this section, persons aboard charter or party 
boats permitted under this part and not fishing under the NE 
multispecies DAS program or under the restrictions and conditions of an 
approved sector operations plan, and private recreational fishing 
vessels in or possessing fish from the EEZ, may not possess fish 
smaller than the minimum fish sizes, measured in total length, as 
follows:

------------------------------------------------------------------------
                                                          Minimum size
                        Species                        -----------------
                                                         Inches     cm
------------------------------------------------------------------------
Cod:
  Inside GOM Regulated Mesh Area \1\..................       24     61.0
  Outside GOM Regulated Mesh Area \1\.................       22     55.9
Haddock:
  Inside GOM Regulated Mesh Area \1\..................       17     43.2
  Outside GOM Regulated Mesh Area \1\.................       18     45.7
Pollock...............................................       19     48.3
Witch Flounder (gray sole)............................       14     35.6
Yellowtail Flounder...................................       13     33.0
American Plaice (dab).................................       14     35.6
Atlantic Halibut......................................       41    104.1
Winter Flounder (blackback)...........................       12     30.5
Redfish...............................................        9     22.9
------------------------------------------------------------------------
\1\ GOM Regulated Mesh Area specified in Sec.   648.80(a).

* * * * *
    (c) * * *
    (1) * * *
    (ii) Each person on a private recreational fishing vessel, fishing 
from August 1 through September 30, may possess no more than one cod 
per day in, or harvested from, the EEZ when fishing in the GOM 
Regulated Mesh Area specified in Sec.  648.80(a)(1); with the exception 
that each person on a private recreational vessel in possession of cod 
caught outside the GOM Regulated Mesh Area specified in Sec.  
648.80(a)(1) may transit this area with more than one such cod per 
person up to the possession limit specified at paragraph (c)(1)(i) of 
this section, provided all bait and hooks are removed from fishing rods 
and any cod on board has been gutted and stored.
* * * * *
    (2) Charter or party boats. (i) Each person on a charter or party 
boat permitted under this part and not fishing under the NE 
multispecies DAS program or on a sector trip may possess unlimited cod 
when fishing outside of the GOM Regulated Mesh Area specified in Sec.  
648.80(a)(1).
    (ii) Each person on a charter or party boat permitted under this 
part, fishing from August 1 through September 30, and not fishing under 
the NE multispecies DAS program or on a sector trip, may possess no 
more than one cod per day in the GOM Regulated Mesh Area specified in 
Sec.  648.80(a)(1); with the exception that each person on a charter or 
party boat in possession of cod caught outside the GOM Regulated Mesh 
Area specified in Sec.  648.80(a)(1) may transit this area with more 
than one such cod up to any possession limit under paragraph (c)(2)(i) 
of this section, provided all bait and hooks are removed from fishing 
rods and any cod on board has been gutted and stored.
    (iii) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole fish.
    (iv) Cod harvested by a charter or party boat with more than one 
person aboard may be pooled in one or more containers. Compliance with 
the possession limits will be determined by dividing the number of fish 
on board by the number of persons on board. If there is a violation of 
the possession limits on board a vessel carrying more than one person, 
the violation shall be deemed to have been committed by the owner or 
operator of the vessel.
    (v) Cod must be stored so as to be readily available for 
inspection.
* * * * *
    (8) Haddock--(i) Outside the Gulf of Maine--(A) Private 
recreational vessels. Each person on a private recreational vessel may 
possess unlimited haddock in, or harvested from, the EEZ when fishing 
outside of the GOM Regulated Mesh Area specified in Sec.  648.80(a)(1).
    (B) Charter or party boats. Each person on a charter or party 
fishing boat permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, may possess unlimited 
haddock in, or harvested from, the EEZ when fishing outside of the GOM 
Regulated Mesh Area specified in Sec.  648.80(a)(1).
    (ii) Gulf of Maine--(A) Private recreational vessels. Each person 
on a private recreational vessel in possession of haddock caught 
outside the GOM Regulated Mesh Area specified in Sec.  648.80(a)(1) may 
transit this area with more than the GOM haddock possession limit 
specified at paragraph (c)(8)(ii) of this section up to the possession 
limit specified at paragraph (c)(8)(i) of this section, provided all 
bait and hooks are removed from fishing rods and any haddock on board 
has been gutted and stored.
    (1) May through February. Each person on a private recreational 
fishing vessel, fishing from May 1 through February 28 (February 29 in 
leap years), may possess no more than 15 haddock per day in, or 
harvested from, the EEZ when fishing in the GOM Regulated Mesh Area 
specified in Sec.  648.80(a)(1).
    (2) March 1 through April 14. When fishing in the GOM Regulated 
Mesh Area specified in Sec.  648.80(a)(1), persons aboard private 
recreational fishing vessels may not fish for or possess any haddock 
from March 1 through April 14.
    (3) April 15 through April 30. Each person on a private 
recreational fishing vessel, fishing from April 15 through

[[Page 26459]]

April 30, may possess no more than 15 haddock per day in, or harvested 
from, the EEZ when fishing in the GOM Regulated Mesh Area specified in 
Sec.  648.80(a)(1).
    (B) Charter or party boats. Each person on a charter or party 
fishing boat permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, in possession of haddock 
caught outside the GOM Regulated Mesh Area specified in Sec.  
648.80(a)(1) may transit this area with more than the GOM haddock 
possession limit specified at paragraph (c)(8)(ii) of this section up 
to the possession limit specified at paragraph (c)(8)(i) of this 
section, provided all bait and hooks are removed from fishing rods and 
any haddock on board has been gutted and stored.
    (1) May through February. Each person on a charter or party fishing 
boat permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, fishing from May 1 
through February 28 (or 29 in leap years), may possess no more than 15 
haddock per day in, or harvested from, the EEZ when fishing in the GOM 
Regulated Mesh Area specified in Sec.  648.80(a)(1).
    (2) March 1 through April 14. When fishing in the GOM Regulated 
Mesh Area specified in Sec.  648.80(a)(1), persons aboard a charter or 
party fishing boat permitted under this part, and not fishing under the 
NE multispecies DAS program or on a sector trip, may not fish for or 
possess any haddock from March 1 through April 14.
    (3) April 15 through April 30. Each person on a charter or party 
fishing boat permitted under this part, and not fishing under the NE 
multispecies DAS program or on a sector trip, fishing from April 15 
through April 30, may possess no more than 15 haddock per day in, or 
harvested from, the EEZ when fishing in the GOM Regulated Mesh Area 
specified in Sec.  648.80(a)(1).
    (iii) For purposes of counting fish, fillets will be converted to 
whole fish at the place of landing by dividing the number of fillets by 
two. If fish are filleted into a single (butterfly) fillet, such fillet 
shall be deemed to be from one whole fish.
    (iv) Haddock harvested in or from the EEZ by private recreational 
fishing boats or charter or party boats with more than one person 
aboard may be pooled in one or more containers. Compliance with the 
possession limit will be determined by dividing the number of fish on 
board by the number of persons on board. If there is a violation 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 or 
operator of the vessel.
    (v) Haddock must be stored so as to be readily available for 
inspection.
* * * * *
[FR Doc. 2016-10053 Filed 4-29-16; 8:45 am]
 BILLING CODE 3510-22-P