Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Fishing Year 2015; Recreational Management Measures, 25160-25164 [2015-09951]
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Federal Register / Vol. 80, No. 84 / Friday, May 1, 2015 / Rules and Regulations
intent of the rule. During any delay,
sector vessels would be prohibited from
fishing for groundfish. Being prohibited
from fishing for up to 30 days would
have a significant adverse economic
impact on these vessels because vessels
would be prevented from fishing in a
month when sector vessels landed
approximately 10 percent of several
allocations, including Eastern GB cod
and GB winter flounder. Further, sector
vessels could only fish during this delay
if they chose to fish in the common
pool. Once they switched to the
common pool, however, they could not
return to a sector for the entire fishing
year and would forego the flexibility
and economic efficiency afforded by
sector exemptions. Vessels choosing to
fish in the common pool to avoid a 30day delay in the beginning of their
season would then forego potential
increased flexibility and efficiencies for
an entire fishing year. For the reasons
outlined above, good cause exists to
waive the otherwise applicable
requirement to delay implementation of
this rule for a period of 30 days.
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 this
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.
Authority: 16 U.S.C. 1801 et seq.
Dated: April 20, 2015.
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
[FR Doc. 2015–09950 Filed 4–30–15; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 150305221–5221–01]
RIN 0648–BE82
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Groundfish Fishery; Fishing Year 2015;
Recreational Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule; request for
comments.
AGENCY:
This action implements a
reduction to the minimum size for Gulf
of Maine haddock taken in the
recreational fishery. This action is
necessary to ensure that the recreational
catch of haddock and recreational
bycatch of cod will not exceed the
annual catch limits for the recreational
fishery in fishing year 2015. The
intended effect of this action is to
reduce discards of cod and haddock by
allowing recreational anglers to retain
smaller haddock, which will result in
anglers achieving their bag limit more
quickly.
SUMMARY:
Effective May 1, 2015. Comments
must be received by June 1, 2015.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2015–0046, by either of the
following methods:
Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20150046
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields, and
3. Enter or attach your comments.
—OR—
Mail: Submit written comments to:
John K. Bullard, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
the fishing year 2015 Haddock
Recreational Measures.’’
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
DATES:
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received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Copies of a supplemental
environmental assessment (EA) to
Framework Adjustment 53 prepared by
the Greater Atlantic Regional Fisheries
Office (GARFO) and Northeast Fisheries
Science Center and the Framework 53
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 53 EA and
supplement are also accessible via the
Internet at: https://
www.greateratlantic.fisheries.noaa.gov/
sustainable/species/multispecies/.
FOR FURTHER INFORMATION CONTACT:
Mark Grant, Sector Policy Analyst,
phone: 978–281–9145; email:
Mark.Grant@noaa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Fishing Year 2015 Recreational
Management Measures
2. Regulatory Corrections Under Regional
Administrator Authority
1. Fishing Year 2015 Recreational
Management Measures
The recreational fishery for Gulf of
Maine (GOM) cod and haddock is
managed under the Northeast
Multispecies Fishery Management Plan
(FMP) which has been developed by the
New England Fishery Management
Council and approved and implemented
by NMFS. Under the FMP, specific subannual catch limits (ACL) for the
recreational fishery are established for
each fishing year for GOM cod and
haddock. These sub-ACLs are a
subcomponent of the overall stock catch
limit for each species. The multispecies
fishery opens on May 1 each year and
runs through April 30 of the following
calendar year. The FMP also contains
accountability measures, in accordance
with Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) National
Standard 1 guidelines.
The accountability measures outlined
in the FMP indicate that the Regional
Administrator may, in consultation with
the Council, modify the recreational
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management measures for the upcoming
fishing year to ensure that the sub-ACL
is not exceeded. The provisions
authorizing this action can be found in
§ 648.89(f)(3) of the FMP implementing
regulations. Additional measures
necessary to facilitate enforcement of
these accountability measures,
consistent with the FMP, are authorized
by § 305(d) of the Magnuson-Stevens
Act. Recreational catch and effort data
are estimated by the Marine
Recreational Information Program
(MRIP), a comprehensive, multi-faceted
survey system administered by NMFS.
Because the recreational measures
currently in place for GOM cod and
haddock are not expected to constrain
fishing year 2015 catch to the sub-ACL,
the proactive accountability measure
requires adjustment of the management
measures.
A peer-reviewed bio-economic model,
developed by the Northeast Fisheries
Science Center, was used to estimate
fishing year 2015 recreational GOM cod
and haddock mortality under various
combinations of minimum sizes,
possession limits, and closed seasons.
Even after prohibiting GOM cod
possession by recreational fishermen in
Framework 53 to the FMP, our model
estimated that the status quo measures
for GOM haddock were unlikely to
constrain haddock catch or cod bycatch
within the fishing year 2015 catch
limits, thus requiring that we implement
additional measures.
After consultation with the Council,
NMFS is implementing measures for the
recreational haddock fishery to ensure
that recreational catches of GOM
haddock and cod do not exceed the
recreational sub-annual catch limits
(sub-ACLs) for these stocks. This rule
implements a 17-inch (43.2-cm)
minimum size for haddock, which is a
decrease from the 21-inch (53.3-cm)
minimum fish size for haddock in effect
for fishing year 2014. The possession
limit for GOM haddock will remain
three fish per angler, and the seasonal
possession restrictions for haddock will
be unchanged (September 1, 2015,
25161
through October 31, 2015; and March 1,
2016, through April 30, 2016). The
recreational haddock measures
implemented by this rule are dependent
on the fishing year 2015 recreational
sub-ACLs, and a zero-possession limit
for GOM cod, being implemented by
Framework 53. Despite prohibiting
recreational possession of GOM cod, the
GOM haddock measures have a direct
impact on achieving or exceeding the
GOM cod sub-ACL because of cod
bycatch in the haddock fishery (cod
discard mortality counts against the cod
sub-ACL).
These measures are expected to result
in fishing year 2015 recreational GOM
cod and haddock catches lower than the
sub-ACLs of 121 mt for cod and 372 mt
for haddock, as explained further below.
The fishing year 2015 recreational
measures for GOM cod and haddock are
specified in Table 1 with information on
fishing year 2014 measures for
comparison.
TABLE 1—GOM COD AND HADDOCK RECREATIONAL MANAGEMENT MEASURES FOR FISHING YEAR 2015 AND CHANGES
FROM FISHING YEAR 2014 MEASURES
2015 Measures
Species
Per day
possession
limit
(fish per
angler)
2014 Measures
Minimum fish size
Possession prohibited
(GOM area)
Per day
possession
limit
May 1, 2015–April 30,
2016.
September 1–October
31, 2015 and March
1–April 30, 2016.
Cod* ............
0
Not Applicable ...........
Haddock ......
3
17 inches (43.2 cm) ..
Minimum fish size
Possession prohibited
(GOM area)
9
21 inches (53.3 cm) ..
3
21 inches (53.3 cm) ..
September 1, 2014–
April 14, 2015.
September 1–October
31, 2014 and March
1–April 30, 2015.
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* The recreational cod measures are set in the final rule implementing Framework Adjustment 53.
We are also implementing four
additional measures to facilitate the
implementation and enforcement of the
recreational possession limit for GOM
haddock, which differs from the
recreational possession limit for Georges
Bank haddock, under our authority
specified in section 305(d) of the
Magnuson-Stevens Act. First, for
purposes of counting fish, fillets will be
converted to whole fish by dividing the
number of fillets by two. However, if
fish are filleted into a single (butterfly)
fillet, such fillet shall be deemed to be
from one whole fish. Second, haddock
harvested by recreational fishing vessels
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 people on board. If there is a violation
of the possession limit on board a vessel
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carrying more than one person, the
violation shall be deemed to have been
committed by the owner or operator of
the vessel. Third, haddock must be
stored so as to be readily available for
inspection. Fourth, the regulations
specifying how to calculate the
possession limit for multi-day trips will
be revised to apply to haddock as well
as cod.
Background
The GOM cod and haddock
recreational catch estimates indicate
that the estimated fishing year 2014
GOM cod catch is 561 mt and 505 mt
for GOM haddock. These catch
estimates significantly exceed the
fishing year 2014 sub-ACLs, which are
486 mt for GOM cod and 173 mt for
GOM haddock. For fishing year 2015,
the Council has recommended a
recreational sub-ACL of 121 mt for GOM
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cod and a recreational sub-ACL of 372
mt for GOM haddock. These catch limits
were previously published in a
proposed rule with the Council’s catch
recommendations, and other fishing
year 2015 management measures
contained in Framework 53 to the FMP
for May 1, 2015, implementation. The
proposed and final rules for Framework
53 (when published), along with
supporting analyses for Framework 53,
can be found at the Federal electronic
rulemaking portal: Regulations.gov.
Reference docket NOAA–NMFS–2015–
0020. https://www.regulations.gov/
#!documentDetail;D=NOAA-NMFS2015-0020-0001.
As specified in Table 2, in order to
not exceed the recommended sub-ACLs
in fishing year 2015, recreational catch
must be reduced from actual 2014 catch
estimates by 78 percent for GOM cod
and 84 percent for GOM haddock. The
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supplemental EA containing the
analyses for this action is available as
outlined in the ADDRESSESS section of
this rule’s preamble.
TABLE 2—PRELIMINARY FISHING YEAR 2014 AND 2015 RECREATIONAL CATCH INFORMATION FOR GOM COD AND
HADDOCK
[All weights in mt]
GOM stock
2014 sub-ACL
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Cod ........................................................
Haddock .................................................
486
173
Council Recommendations
As part of the accountability measure
consultation process, the Council
convened its Recreational Advisory
Panel (RAP) on January 22, 2015, to
recommend management measure
changes for the Council’s consideration.
The RAP reviewed catch projections
under various scenarios of changed
measures for fishing year 2015 modeled
by the Northeast Fisheries Science
Center’s Social Sciences Branch (SSB).
SSB staff used a model that was peerreviewed in 2012 by the Council’s
Scientific and Statistical Committee.
This bioeconomic simulation model
predicts the expected number of GOM
cod and haddock that would be kept
and discarded from alternative seasons,
and possession and size limits. Despite
prohibiting recreational possession of
GOM cod, the GOM haddock measures
have a direct impact on achieving or
exceeding the GOM cod sub-ACL
because of cod bycatch in the haddock
fishery.
The RAP’s recommendations were
discussed by the Council at its January
29, 2015, meeting. The RAP and Council
recommended that the minimum size
for GOM haddock be reduced from 21
inches (53.3 cm) to 17 inches (43.2 cm),
that the possession limit for GOM
haddock increase from 3 fish to 4 fish,
and the seasonal possession restriction
for haddock remain unchanged
(September 1, 2015, through October 31,
2015, and March 1, 2016, through April
30, 2016). Reducing the minimum size
would reduce discards because there are
a large number of haddock in the 17inch (43.2-cm) to 20-inch (50.8-cm)
range, which would result in anglers
achieving their bag limit more quickly
under the smaller minimum size.
However, the bio-economic model
predicted that these measures are
unlikely to keep haddock catch and the
resulting cod bycatch from exceeding
the fishing year 2015 recreational catch
limits. Based on the model estimates,
these recommended measures could
result in catches below the recreational
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% of 2014 subACL caught
Total catch
561
505
115
292
sub-ACLs only if discard mortality for
cod and haddock were reduced, while
compliance was increased. To address
this, the Council and RAP
recommended gear requirements to
reduce recreational discard mortality,
and outreach to increase compliance
with the recreational measures.
Specifically, the Council and RAP
recommended prohibiting the use of
more than two hooks per line while
fishing for groundfish in the GOM,
requiring that in-line circle hooks be
used with bait, and requiring that jigs
and artificial lures use only single point
J-hooks (e.g., no treble hooks). NMFS
considered these gear measures, but is
not implementing them because of a
lack of available conclusive scientific
evidence that the recommended gear
restrictions would have positive
conservation benefits in the GOM
recreational groundfish fishery.
However, NMFS is continuing its
increased outreach efforts and expects
that this will result in increased
compliance with the cod and haddock
recreational measures in fishing year
2015.
More substantial background on this
action, including details on the
measures recommended by the RAP and
the Council, and the resulting projected
catch in fishing year 2015 associated
with those options, can be found in the
supplemental EA prepared for this
action. Additional information
regarding the presentations and
discussions held by the RAP and
Council are available on the Council’s
Web site: https://www.nefmc.org/.
Model Assumptions Used in Analysis
The estimated recreational catches for
GOM cod and haddock come from the
bio-economic model developed by the
SSB. The model estimates that fishing
year 2015 effort will decline a further 12
to 15 percent from fishing year 2014,
based on preliminary estimates.
However, the bio-economic model is
limited in its ability to account for how
a zero possession limit for GOM cod
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2015 sub-ACL
121
372
Reduction in landings needed for
2015
(percent)
78
84
will affect effort because there are no
available historical data for cod catch
during a period when cod possession
was prohibited while haddock retention
was permitted. During September and
October of 2014, recreational possession
of both cod and haddock was
prohibited. During that time (MRIP
Wave 5), recreational angler trips
declined 85 percent compared to the
same period in 2013. The 85-percent
decline in angler trips is an indication
that prohibiting recreational possession
of cod will likely cause a substantial
reduction in effort, beyond what the
model is estimating, but the reduction is
expected to be less than 85 percent
because anglers would be able to retain
three haddock per trip.
In analyzing this action, we have
adopted a new lower estimate of
recreational cod discard mortality than
what was used in the most recent stock
assessment. At the time of the
assessment, there were no directed field
studies available to better inform the
estimate. However, a recently conducted
study provides preliminary GOM cod
recreational discard mortality estimates.
After reviewing the study, Northeast
Fisheries Science Center staff
determined that the 15-percent estimate
derived from this study has a stronger
scientific justification than the 30percent rate previously used in the
assessment.
For fishing year 2015 catch estimates,
the model also incorporates noncompliance estimates from the MRIP
survey to improve the model’s ability to
accurately predict catches. The noncompliance estimates from MRIP
represent unintentional noncompliance, which we are addressing
with a new outreach and education plan
for recreational fisheries.
Analysis of Measures for Fishing Year
2015
The model predicts that the measures
implemented by this action have greater
than a 50-percent probability of keeping
mortality of GOM haddock below the
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fishing year 2015 sub-ACL, but less than
a 50-percent probability of limiting
mortality of GOM cod to the sub-ACL
(Table 3). However, as discussed above,
we have concluded that the model
likely overestimates cod catch (because
the model does not consider potential
changes in fishing behavior that may
result from the zero cod possession
limit) and we expect a reduction of at
least 10 percent below the model
estimate, such that cod catch would be
below the recreational sub-ACL due to
decreased effort targeting cod.
Therefore, we expect that there is at
least a 50-percent probability that
recreational GOM cod and haddock
catch will stay within their respective
sub-ACLs under these measures.
TABLE 3—PROJECTED FISHING YEAR 2015 RECREATIONAL COD AND HADDOCK MORTALITY IN COMPARISON TO SUBACLS
Cod mortality
Haddock mortality
Metric tons
Percent of sub-ACL
Metric tons
Percent of sub-ACL
132
109
323
87
The model also predicts that the
reduction in minimum size would result
in a slight increase in the number of
angler trips in the recreational fishery
for GOM haddock. Because the
minimum size for haddock is being
reduced, a reduction in catch of cod and
haddock is expected despite forecasting
a slight increase in trips when compared
to maintaining the current recreational
minimum size of 21 inches (53.3 cm).
There are a large number of haddock in
the 17-inch (43.2-cm) to 20-inch (50.8cm) range, which will result in anglers
achieving their bag limit more quickly
and discarding fewer fish than under
the 21-inch (53.3-cm) minimum size.
There is little high-grading in the
recreational groundfish fishery and
anglers are expected to end their trip or
target other species after reaching their
haddock bag limit.
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2. Regulatory Corrections Under
Regional Administrator Authority
In § 648.89(b)(1), an unnecessary
acronym is removed and the default
minimum size for cod caught inside the
GOM Regulated Mesh Area is added to
the minimum fish size table. Previously,
this default minimum size was specified
in a separate paragraph, so this change
is intended to improve readability for
the public. These changes were
previously proposed along with
measures to implement Framework
Adjustment 53 (80 FR 12394). No
comments were received on these
changes. These changes are made as part
of this rule to ensure the updates to
§ 648.89(b)(1) necessary to implement
the reduced minimum size for haddock
in this action do not overwrite the
needed changes.
Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has made a
determination that this interim final
rule is consistent with the Northeast
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Multispecies FMP, other provisions of
the Magnuson-Stevens Act, and other
applicable law.
Pursuant to 5 U.S.C. 553(b)(B) and 5
U.S.C. 553(d)(3), the Assistant
Administrator for Fisheries finds good
cause to waive the otherwise applicable
requirements for both notice and
comment rulemaking and a 30-day
delay in effectiveness for this interim
final action implementing fishing year
2015 recreational GOM haddock
management measures. As explained in
further detail below, the availability of
information necessary to ensure that
measures were in place for the May 1,
2015, start of the fishing year made it
impracticable to provide prior notice
and comment without sacrificing
needed conservation benefits.
Because of the need to consider data
and consult with the Council on this
action, it was not possible to provide
opportunity for prior notice and
comment before the start of the fishing
year, May 1, 2015. The Council was
unable to meet to discuss recreational
measures and make recommendations to
NMFS until January 29, 2015. If these
measures are not in place by the start of
the fishing year, important conservation
benefits may be lost. The majority of the
recreational fishery occurs in the late
spring and early summer months. Over
the last three years (fishing years 2012–
2014), an average of 28 percent of the
recreational fishery has occurred in May
and June (Wave 3). Delaying
implementation of fishing year 2015
measures until sometime after May 1,
2015, would allow the recreational
fishery for haddock to occur without the
new measures during some or all of one
of the busiest recreational seasons of the
year. Even if the foregone benefits could
be made up it would require the
implementation of even more stringent
measures with possibly more negative
social and economic impacts to fishery
participants to ensure total catch limits
for the year are not exceeded. Doing so
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undermines the purpose of the rule and
would be contrary to the public interest.
Development of measures was publicly
discussed at a RAP meeting and a
Council meeting in January 2015, and
NMFS is soliciting public comment on
the interim measures contained in this
rule.
For these same reasons, NMFS finds
it necessary to waive the delayed
effective date for this action. By
implementing these measures through
an interim final rule, NMFS will receive
comments on this rule. These comments
will be considered and any necessary
changes to these measures can be made
at a later date via appropriate
rulemaking procedures.
This interim final rule has been
determined to be not significant for
purposes of Executive Order (E.O.)
12866.
This interim final rule does not
contain policies with Federalism or
‘‘takings’’ implications as those terms
are defined in E.O. 13132 and E.O.
12630, respectively.
This interim final rule is exempt from
the procedures of the Regulatory
Flexibility Act and the requirement to
prepare a final regulatory flexibility
analysis as required by 5 U.S.C. 604
because the rule is issued without
opportunity for prior notice and
opportunity for public comment.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: April 20, 2015
Eileen Sobeck,
Assistant Administrator for Fisheries,
National Marine Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
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c. Remove paragraph (c)(8) published
November 13, 2014 (79 FR 67375) and
effectiveness extended December 29,
2014 (79 FR 77946).
■ d. Add a new paragraph (c)(8).
The revisions and addition read as
follows:
■
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.89:
a. Revise paragraphs (b) and (c)(4).
■ b. Lift the suspension of paragraph
(c)(8) published December 29, 2014 (79
FR 77953).
■
■
§ 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
Cod:
Inside GOM Regulated Mesh Area 1 ................................................................................................................
Outside GOM Regulated Mesh Area 1 .............................................................................................................
Haddock:
Inside GOM Regulated Mesh Area ..................................................................................................................
Outside GOM Regulated Mesh Area ...............................................................................................................
Pollock .....................................................................................................................................................................
Witch Flounder (gray sole) ......................................................................................................................................
Yellowtail Flounder ..................................................................................................................................................
American Plaice (dab) .............................................................................................................................................
Atlantic Halibut .........................................................................................................................................................
Winter Flounder (blackback) ....................................................................................................................................
Redfish .....................................................................................................................................................................
1 GOM
21
22
53.3
55.9
17
18
19
14
13
14
41
12
9
43.2
45.7
48.3
35.6
33.0
35.6
104.1
30.5
22.9
Regulated Mesh Area specified in § 648.80(a).
(2) Exception. Vessels may possess
fillets less than the minimum size
specified, if the fillets are taken from
legal-sized fish and are not offered or
intended for sale, trade or barter.
(3) Fish fillets, or parts of fish, must
have at least 2 square inches (5.1 square
cm) of skin on while possessed on board
a vessel and at the time of landing in
order to meet minimum size
requirements. The skin must be
contiguous and must allow ready
identification of the fish species.
(c) * * *
(4) Accounting of daily trip limit. For
the purposes of determining the per day
trip limit for cod and haddock for
private recreational fishing vessels and
charter or party boats, any trip in excess
of 15 hours and covering 2 consecutive
calendar days will be considered more
than 1 day. Similarly, any trip in excess
of 39 hours and covering 3 consecutive
calendar days will be considered more
than 2 days and, so on, in a similar
fashion.
*
*
*
*
*
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cm
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19:31 Apr 30, 2015
Jkt 235001
(8) Haddock. (i) Each person on a
charter or party boat permitted under
this part, or on a private recreational
fishing vessel fishing in the EEZ, may
possess no more than three haddock per
day in, or harvested from, the EEZ when
fishing inside of the GOM Regulated
Mesh Area specified in § 648.80(a)(1);
with the exception that private
recreational vessels and charter or party
boats in possession of haddock caught
outside the GOM Regulated Mesh Area
may transit this area, provided all bait
and hooks are removed from fishing
rods and any haddock on board has
been gutted and stored.
(ii) Each person on a charter or party
boat permitted under this part, or on a
private recreational fishing vessel
fishing in the EEZ, may possess
unlimited haddock in, or harvested
from, the EEZ when fishing outside of
the GOM Regulated Mesh Area specified
in § 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
PO 00000
Frm 00056
Fmt 4701
Sfmt 9990
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. 2015–09951 Filed 4–30–15; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\01MYR3.SGM
01MYR3
]]>Agencies
[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Rules and Regulations]
[Pages 25160-25164]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09951]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 150305221-5221-01]
RIN 0648-BE82
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Groundfish Fishery; Fishing Year 2015; Recreational Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action implements a reduction to the minimum size for
Gulf of Maine haddock taken in the recreational fishery. This action is
necessary to ensure that the recreational catch of haddock and
recreational bycatch of cod will not exceed the annual catch limits for
the recreational fishery in fishing year 2015. The intended effect of
this action is to reduce discards of cod and haddock by allowing
recreational anglers to retain smaller haddock, which will result in
anglers achieving their bag limit more quickly.
DATES: Effective May 1, 2015. Comments must be received by June 1,
2015.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2015-0046, by either of the following methods:
Electronic Submission: Submit all electronic public comments via
the Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2015-0046
2. Click the ``Comment Now!'' icon, complete the required fields,
and
3. Enter or attach your comments.
--OR--
Mail: Submit written comments to: John K. Bullard, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the outside of the envelope,
``Comments on the fishing year 2015 Haddock Recreational Measures.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of a supplemental environmental assessment (EA) to Framework
Adjustment 53 prepared by the Greater Atlantic Regional Fisheries
Office (GARFO) and Northeast Fisheries Science Center and the Framework
53 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 53 EA and supplement are also accessible via
the Internet at: https://www.greateratlantic.fisheries.noaa.gov/sustainable/species/multispecies/.
FOR FURTHER INFORMATION CONTACT: Mark Grant, Sector Policy Analyst,
phone: 978-281-9145; email: Mark.Grant@noaa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Fishing Year 2015 Recreational Management Measures
2. Regulatory Corrections Under Regional Administrator Authority
1. Fishing Year 2015 Recreational Management Measures
The recreational fishery for Gulf of Maine (GOM) cod and haddock is
managed under the Northeast Multispecies Fishery Management Plan (FMP)
which has been developed by the New England Fishery Management Council
and approved and implemented by NMFS. Under the FMP, specific sub-
annual catch limits (ACL) for the recreational fishery are established
for each fishing year for GOM cod and haddock. These sub-ACLs are a
subcomponent of the overall stock catch limit for each species. The
multispecies fishery opens on May 1 each year and runs through April 30
of the following calendar year. The FMP also contains accountability
measures, in accordance with Magnuson-Stevens Fishery Conservation and
Management Act (Magnuson-Stevens Act) National Standard 1 guidelines.
The accountability measures outlined in the FMP indicate that the
Regional Administrator may, in consultation with the Council, modify
the recreational
[[Page 25161]]
management measures for the upcoming fishing year to ensure that the
sub-ACL is not exceeded. The provisions authorizing this action can be
found in Sec. 648.89(f)(3) of the FMP implementing regulations.
Additional measures necessary to facilitate enforcement of these
accountability measures, consistent with the FMP, are authorized by
Sec. 305(d) of the Magnuson-Stevens Act. Recreational catch and effort
data are estimated by the Marine Recreational Information Program
(MRIP), a comprehensive, multi-faceted survey system administered by
NMFS. Because the recreational measures currently in place for GOM cod
and haddock are not expected to constrain fishing year 2015 catch to
the sub-ACL, the proactive accountability measure requires adjustment
of the management measures.
A peer-reviewed bio-economic model, developed by the Northeast
Fisheries Science Center, was used to estimate fishing year 2015
recreational GOM cod and haddock mortality under various combinations
of minimum sizes, possession limits, and closed seasons. Even after
prohibiting GOM cod possession by recreational fishermen in Framework
53 to the FMP, our model estimated that the status quo measures for GOM
haddock were unlikely to constrain haddock catch or cod bycatch within
the fishing year 2015 catch limits, thus requiring that we implement
additional measures.
After consultation with the Council, NMFS is implementing measures
for the recreational haddock fishery to ensure that recreational
catches of GOM haddock and cod do not exceed the recreational sub-
annual catch limits (sub-ACLs) for these stocks. This rule implements a
17-inch (43.2-cm) minimum size for haddock, which is a decrease from
the 21-inch (53.3-cm) minimum fish size for haddock in effect for
fishing year 2014. The possession limit for GOM haddock will remain
three fish per angler, and the seasonal possession restrictions for
haddock will be unchanged (September 1, 2015, through October 31, 2015;
and March 1, 2016, through April 30, 2016). The recreational haddock
measures implemented by this rule are dependent on the fishing year
2015 recreational sub-ACLs, and a zero-possession limit for GOM cod,
being implemented by Framework 53. Despite prohibiting recreational
possession of GOM cod, the GOM haddock measures have a direct impact on
achieving or exceeding the GOM cod sub-ACL because of cod bycatch in
the haddock fishery (cod discard mortality counts against the cod sub-
ACL).
These measures are expected to result in fishing year 2015
recreational GOM cod and haddock catches lower than the sub-ACLs of 121
mt for cod and 372 mt for haddock, as explained further below. The
fishing year 2015 recreational measures for GOM cod and haddock are
specified in Table 1 with information on fishing year 2014 measures for
comparison.
Table 1--GOM Cod and Haddock Recreational Management Measures for Fishing Year 2015 and Changes From Fishing Year 2014 Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
2015 Measures 2014 Measures
-----------------------------------------------------------------------------------------------------------------------------------
Per day
Species possession Possession Per day Possession
limit (fish Minimum fish size prohibited (GOM possession Minimum fish size prohibited (GOM
per area) limit area)
angler)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cod*................ 0 Not Applicable................ May 1, 2015-April 9 21 inches (53.3 cm)........... September 1, 2014-
30, 2016. April 14, 2015.
Haddock............. 3 17 inches (43.2 cm)........... September 1-October 3 21 inches (53.3 cm)........... September 1-October
31, 2015 and March 31, 2014 and March
1-April 30, 2016. 1-April 30, 2015.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The recreational cod measures are set in the final rule implementing Framework Adjustment 53.
We are also implementing four additional measures to facilitate the
implementation and enforcement of the recreational possession limit for
GOM haddock, which differs from the recreational possession limit for
Georges Bank haddock, under our authority specified in section 305(d)
of the Magnuson-Stevens Act. First, for purposes of counting fish,
fillets will be converted to whole fish by dividing the number of
fillets by two. However, if fish are filleted into a single (butterfly)
fillet, such fillet shall be deemed to be from one whole fish. Second,
haddock harvested by recreational fishing vessels 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 people 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. Third, haddock must be stored so as to be
readily available for inspection. Fourth, the regulations specifying
how to calculate the possession limit for multi-day trips will be
revised to apply to haddock as well as cod.
Background
The GOM cod and haddock recreational catch estimates indicate that
the estimated fishing year 2014 GOM cod catch is 561 mt and 505 mt for
GOM haddock. These catch estimates significantly exceed the fishing
year 2014 sub-ACLs, which are 486 mt for GOM cod and 173 mt for GOM
haddock. For fishing year 2015, the Council has recommended a
recreational sub-ACL of 121 mt for GOM cod and a recreational sub-ACL
of 372 mt for GOM haddock. These catch limits were previously published
in a proposed rule with the Council's catch recommendations, and other
fishing year 2015 management measures contained in Framework 53 to the
FMP for May 1, 2015, implementation. The proposed and final rules for
Framework 53 (when published), along with supporting analyses for
Framework 53, can be found at the Federal electronic rulemaking portal:
Regulations.gov. Reference docket NOAA-NMFS-2015-0020. https://www.regulations.gov/#!documentDetail;D=NOAA-NMFS-2015-0020-0001.
As specified in Table 2, in order to not exceed the recommended
sub-ACLs in fishing year 2015, recreational catch must be reduced from
actual 2014 catch estimates by 78 percent for GOM cod and 84 percent
for GOM haddock. The
[[Page 25162]]
supplemental EA containing the analyses for this action is available as
outlined in the ADDRESSESS section of this rule's preamble.
Table 2--Preliminary Fishing Year 2014 and 2015 Recreational Catch Information for GOM Cod and Haddock
[All weights in mt]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reduction in
% of 2014 sub-ACL landings needed
GOM stock 2014 sub-ACL Total catch caught 2015 sub-ACL for 2015
(percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Cod...................................................... 486 561 115 121 78
Haddock.................................................. 173 505 292 372 84
--------------------------------------------------------------------------------------------------------------------------------------------------------
Council Recommendations
As part of the accountability measure consultation process, the
Council convened its Recreational Advisory Panel (RAP) on January 22,
2015, to recommend management measure changes for the Council's
consideration. The RAP reviewed catch projections under various
scenarios of changed measures for fishing year 2015 modeled by the
Northeast Fisheries Science Center's Social Sciences Branch (SSB). SSB
staff used a model that was peer-reviewed in 2012 by the Council's
Scientific and Statistical Committee. This bioeconomic simulation model
predicts the expected number of GOM cod and haddock that would be kept
and discarded from alternative seasons, and possession and size limits.
Despite prohibiting recreational possession of GOM cod, the GOM haddock
measures have a direct impact on achieving or exceeding the GOM cod
sub-ACL because of cod bycatch in the haddock fishery.
The RAP's recommendations were discussed by the Council at its
January 29, 2015, meeting. The RAP and Council recommended that the
minimum size for GOM haddock be reduced from 21 inches (53.3 cm) to 17
inches (43.2 cm), that the possession limit for GOM haddock increase
from 3 fish to 4 fish, and the seasonal possession restriction for
haddock remain unchanged (September 1, 2015, through October 31, 2015,
and March 1, 2016, through April 30, 2016). Reducing the minimum size
would reduce discards because there are a large number of haddock in
the 17-inch (43.2-cm) to 20-inch (50.8-cm) range, which would result in
anglers achieving their bag limit more quickly under the smaller
minimum size. However, the bio-economic model predicted that these
measures are unlikely to keep haddock catch and the resulting cod
bycatch from exceeding the fishing year 2015 recreational catch limits.
Based on the model estimates, these recommended measures could result
in catches below the recreational sub-ACLs only if discard mortality
for cod and haddock were reduced, while compliance was increased. To
address this, the Council and RAP recommended gear requirements to
reduce recreational discard mortality, and outreach to increase
compliance with the recreational measures.
Specifically, the Council and RAP recommended prohibiting the use
of more than two hooks per line while fishing for groundfish in the
GOM, requiring that in-line circle hooks be used with bait, and
requiring that jigs and artificial lures use only single point J-hooks
(e.g., no treble hooks). NMFS considered these gear measures, but is
not implementing them because of a lack of available conclusive
scientific evidence that the recommended gear restrictions would have
positive conservation benefits in the GOM recreational groundfish
fishery. However, NMFS is continuing its increased outreach efforts and
expects that this will result in increased compliance with the cod and
haddock recreational measures in fishing year 2015.
More substantial background on this action, including details on
the measures recommended by the RAP and the Council, and the resulting
projected catch in fishing year 2015 associated with those options, can
be found in the supplemental EA prepared for this action. Additional
information regarding the presentations and discussions held by the RAP
and Council are available on the Council's Web site: https://www.nefmc.org/.
Model Assumptions Used in Analysis
The estimated recreational catches for GOM cod and haddock come
from the bio-economic model developed by the SSB. The model estimates
that fishing year 2015 effort will decline a further 12 to 15 percent
from fishing year 2014, based on preliminary estimates. However, the
bio-economic model is limited in its ability to account for how a zero
possession limit for GOM cod will affect effort because there are no
available historical data for cod catch during a period when cod
possession was prohibited while haddock retention was permitted. During
September and October of 2014, recreational possession of both cod and
haddock was prohibited. During that time (MRIP Wave 5), recreational
angler trips declined 85 percent compared to the same period in 2013.
The 85-percent decline in angler trips is an indication that
prohibiting recreational possession of cod will likely cause a
substantial reduction in effort, beyond what the model is estimating,
but the reduction is expected to be less than 85 percent because
anglers would be able to retain three haddock per trip.
In analyzing this action, we have adopted a new lower estimate of
recreational cod discard mortality than what was used in the most
recent stock assessment. At the time of the assessment, there were no
directed field studies available to better inform the estimate.
However, a recently conducted study provides preliminary GOM cod
recreational discard mortality estimates. After reviewing the study,
Northeast Fisheries Science Center staff determined that the 15-percent
estimate derived from this study has a stronger scientific
justification than the 30-percent rate previously used in the
assessment.
For fishing year 2015 catch estimates, the model also incorporates
non-compliance estimates from the MRIP survey to improve the model's
ability to accurately predict catches. The non-compliance estimates
from MRIP represent unintentional non-compliance, which we are
addressing with a new outreach and education plan for recreational
fisheries.
Analysis of Measures for Fishing Year 2015
The model predicts that the measures implemented by this action
have greater than a 50-percent probability of keeping mortality of GOM
haddock below the
[[Page 25163]]
fishing year 2015 sub-ACL, but less than a 50-percent probability of
limiting mortality of GOM cod to the sub-ACL (Table 3). However, as
discussed above, we have concluded that the model likely overestimates
cod catch (because the model does not consider potential changes in
fishing behavior that may result from the zero cod possession limit)
and we expect a reduction of at least 10 percent below the model
estimate, such that cod catch would be below the recreational sub-ACL
due to decreased effort targeting cod. Therefore, we expect that there
is at least a 50-percent probability that recreational GOM cod and
haddock catch will stay within their respective sub-ACLs under these
measures.
Table 3--Projected Fishing Year 2015 Recreational Cod and Haddock Mortality in Comparison to Sub-ACLs
----------------------------------------------------------------------------------------------------------------
Cod mortality Haddock mortality
----------------------------------------------------------------------------------------------------------------
Metric tons Percent of sub-ACL Metric tons Percent of sub-ACL
----------------------------------------------------------------------------------------------------------------
132 109 323 87
----------------------------------------------------------------------------------------------------------------
The model also predicts that the reduction in minimum size would
result in a slight increase in the number of angler trips in the
recreational fishery for GOM haddock. Because the minimum size for
haddock is being reduced, a reduction in catch of cod and haddock is
expected despite forecasting a slight increase in trips when compared
to maintaining the current recreational minimum size of 21 inches (53.3
cm). There are a large number of haddock in the 17-inch (43.2-cm) to
20-inch (50.8-cm) range, which will result in anglers achieving their
bag limit more quickly and discarding fewer fish than under the 21-inch
(53.3-cm) minimum size. There is little high-grading in the
recreational groundfish fishery and anglers are expected to end their
trip or target other species after reaching their haddock bag limit.
2. Regulatory Corrections Under Regional Administrator Authority
In Sec. 648.89(b)(1), an unnecessary acronym is removed and the
default minimum size for cod caught inside the GOM Regulated Mesh Area
is added to the minimum fish size table. Previously, this default
minimum size was specified in a separate paragraph, so this change is
intended to improve readability for the public. These changes were
previously proposed along with measures to implement Framework
Adjustment 53 (80 FR 12394). No comments were received on these
changes. These changes are made as part of this rule to ensure the
updates to Sec. 648.89(b)(1) necessary to implement the reduced
minimum size for haddock in this action do not overwrite the needed
changes.
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a determination that this interim
final rule is consistent with the Northeast Multispecies FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law.
Pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the
Assistant Administrator for Fisheries finds good cause to waive the
otherwise applicable requirements for both notice and comment
rulemaking and a 30-day delay in effectiveness for this interim final
action implementing fishing year 2015 recreational GOM haddock
management measures. As explained in further detail below, the
availability of information necessary to ensure that measures were in
place for the May 1, 2015, start of the fishing year made it
impracticable to provide prior notice and comment without sacrificing
needed conservation benefits.
Because of the need to consider data and consult with the Council
on this action, it was not possible to provide opportunity for prior
notice and comment before the start of the fishing year, May 1, 2015.
The Council was unable to meet to discuss recreational measures and
make recommendations to NMFS until January 29, 2015. If these measures
are not in place by the start of the fishing year, important
conservation benefits may be lost. The majority of the recreational
fishery occurs in the late spring and early summer months. Over the
last three years (fishing years 2012-2014), an average of 28 percent of
the recreational fishery has occurred in May and June (Wave 3).
Delaying implementation of fishing year 2015 measures until sometime
after May 1, 2015, would allow the recreational fishery for haddock to
occur without the new measures during some or all of one of the busiest
recreational seasons of the year. Even if the foregone benefits could
be made up it would require the implementation of even more stringent
measures with possibly more negative social and economic impacts to
fishery participants to ensure total catch limits for the year are not
exceeded. Doing so undermines the purpose of the rule and would be
contrary to the public interest. Development of measures was publicly
discussed at a RAP meeting and a Council meeting in January 2015, and
NMFS is soliciting public comment on the interim measures contained in
this rule.
For these same reasons, NMFS finds it necessary to waive the
delayed effective date for this action. By implementing these measures
through an interim final rule, NMFS will receive comments on this rule.
These comments will be considered and any necessary changes to these
measures can be made at a later date via appropriate rulemaking
procedures.
This interim final rule has been determined to be not significant
for purposes of Executive Order (E.O.) 12866.
This interim final rule does not contain policies with Federalism
or ``takings'' implications as those terms are defined in E.O. 13132
and E.O. 12630, respectively.
This interim final rule is exempt from the procedures of the
Regulatory Flexibility Act and the requirement to prepare a final
regulatory flexibility analysis as required by 5 U.S.C. 604 because the
rule is issued without opportunity for prior notice and opportunity for
public comment.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: April 20, 2015
Eileen Sobeck,
Assistant Administrator for Fisheries, National Marine Fisheries
Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
[[Page 25164]]
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:
0
a. Revise paragraphs (b) and (c)(4).
0
b. Lift the suspension of paragraph (c)(8) published December 29, 2014
(79 FR 77953).
0
c. Remove paragraph (c)(8) published November 13, 2014 (79 FR 67375)
and effectiveness extended December 29, 2014 (79 FR 77946).
0
d. Add a new paragraph (c)(8).
The revisions and addition 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\.. 21 53.3
Outside GOM Regulated Mesh Area \1\. 22 55.9
Haddock:
Inside GOM Regulated Mesh Area...... 17 43.2
Outside GOM Regulated Mesh Area..... 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).
(2) Exception. Vessels may possess fillets less than the minimum
size specified, if the fillets are taken from legal-sized fish and are
not offered or intended for sale, trade or barter.
(3) Fish fillets, or parts of fish, must have at least 2 square
inches (5.1 square cm) of skin on while possessed on board a vessel and
at the time of landing in order to meet minimum size requirements. The
skin must be contiguous and must allow ready identification of the fish
species.
(c) * * *
(4) Accounting of daily trip limit. For the purposes of determining
the per day trip limit for cod and haddock for private recreational
fishing vessels and charter or party boats, any trip in excess of 15
hours and covering 2 consecutive calendar days will be considered more
than 1 day. Similarly, any trip in excess of 39 hours and covering 3
consecutive calendar days will be considered more than 2 days and, so
on, in a similar fashion.
* * * * *
(8) Haddock. (i) Each person on a charter or party boat permitted
under this part, or on a private recreational fishing vessel fishing in
the EEZ, may possess no more than three haddock per day in, or
harvested from, the EEZ when fishing inside of the GOM Regulated Mesh
Area specified in Sec. 648.80(a)(1); with the exception that private
recreational vessels and charter or party boats in possession of
haddock caught outside the GOM Regulated Mesh Area may transit this
area, provided all bait and hooks are removed from fishing rods and any
haddock on board has been gutted and stored.
(ii) Each person on a charter or party boat permitted under this
part, or on a private recreational fishing vessel fishing in the EEZ,
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).
(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. 2015-09951 Filed 4-30-15; 8:45 am]
BILLING CODE 3510-22-P
