Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Recreational Management Measures, 11168-11172 [2016-04656]
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Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Proposed Rules
Magnuson-Stevens Act provides the
statutory basis for this proposed rule.
This proposed rule, if implemented,
would not be expected to directly affect
any small entities. This proposed rule
would modify the gag and black grouper
recreational minimum size limits and
the gag recreational season in the Gulf.
Only recreational anglers, who may fish
from shore, man-made structures,
private, rental, or charter vessels, and
headboats, are allowed a bag or
possession limit of grouper species in
the Gulf. Captains or crew members on
charter vessels or headboats, as well as
commercial vessels, cannot harvest or
possess gag or black grouper under the
recreational bag limits. As a result of
only recreational anglers being allowed
a bag or possession limit, only
recreational anglers would be directly
affected by the proposed changes to the
gag and black grouper recreational
minimum size limits and the gag
recreational season dates. Recreational
anglers, however, are not considered to
be small entities under the RFA and the
economic effects of this proposed rule
on these anglers are outside the scope of
the RFA.
Charter vessels and headboats (forhire vessels) sell fishing services to
recreational anglers. Because the
proposed change in the gag and black
grouper minimum size limits and the
change to the gag recreational season
would not directly alter the services
sold by these vessels, this proposed rule
would not directly apply to or regulate
their operations. Any change in demand
for these fishing services, and associated
economic effects, as a result of changing
the minimum size limits and
recreational season would be a
consequence of behavioral change by
anglers, secondary to any direct effect
on anglers and, therefore, an indirect
effect of the proposed rule. Because the
effects on for-hire vessels would be
indirect, they fall outside the scope of
the RFA.
The information provided above
supports a determination that this rule
would not have a significant economic
impact on a substantial number of small
entities. Because this rule, if
implemented, is not expected to have a
significant economic impact on any
small entities, an initial regulatory
flexibility analysis is not required and
none has been prepared.
No duplicative, overlapping, or
conflicting Federal rules have been
identified. In addition, no new
reporting, record-keeping, or other
compliance requirements are introduced
by this proposed rule. Accordingly, this
rule does not implicate the Paperwork
Reduction Act.
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List of Subjects in 50 CFR Part 622
DEPARTMENT OF COMMERCE
Black grouper, Fisheries, Fishing, Gag,
Gulf, Recreational, Reef fish, Size limits.
National Oceanic and Atmospheric
Administration
Dated: February 25, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 622 is proposed
to be amended as follows:
PART 622—FISHERIES OF THE
CARIBBEAN, GULF OF MEXICO, AND
SOUTH ATLANTIC
1. The authority citation for part 622
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 622.34, paragraph (e) is revised
to read as follows:
■
§ 622.34 Seasonal and area closures
designed to protect Gulf reef fish.
*
*
*
*
*
(e) Seasonal closure of the
recreational sector for gag. The
recreational sector for gag, in or from the
Gulf EEZ, is closed from January 1
through May 31. During the closure, the
bag and possession limits for gag in or
from the Gulf EEZ are zero.
*
*
*
*
*
■ 3. In § 622.37, paragraphs (b)(1) and
(b)(5)(ii) are revised to read as follows:
§ 622.37
Size limits.
*
*
*
*
*
(b) * * *
(1) Gag—(i) For a person not subject
to the bag limit specified in § 622.38
(b)(2)—22 inches (55.9 cm), TL.
(ii) For a person subject to the bag
limit specified in § 622.38(b)(2)—24
inches (61.0 cm), TL.
*
*
*
*
*
(5) * * *
(ii) For a person subject to the bag
limit specified in § 622.38(b)(2)—24
inches (61.0 cm), TL.
*
*
*
*
*
[FR Doc. 2016–04655 Filed 3–2–16; 8:45 am]
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50 CFR Part 648
[Docket No. 160120042–6042–01]
RIN 0648–BF69
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Groundfish Fishery; Recreational
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to modify
recreational fishery management
measures for Gulf of Maine cod and
haddock, including daily bag limits, size
limits, and seasonal possession
restrictions. This action is necessary to
increase recreational fishing
opportunities and catch of cod and
haddock in a manner consistent with
anticipated catch limit increases. The
intended effect of this action is to
ensure the recreational fishery can
achieve but not exceed its catch limits.
DATES: Comments must be received by
March 18, 2016.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2016–0011, 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-20160011.
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
groundfish recreational fishing
management 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
SUMMARY:
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Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Proposed Rules
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).
In support of the proposed action,
NMFS prepared a supplemental
environmental assessment (EA) to
Framework Adjustment 55 to the
Northeast Multispecies Fishery
Management Plan. The Framework 55
EA was prepared by the New England
Fishery Management Council. Copies of
the Framework 55 EA and supplemental
EA 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/.
FOR FURTHER INFORMATION CONTACT:
William Whitmore, Fishery Policy
Analyst, phone: 978–281–9182; email:
William.Whitmore@noaa.gov.
SUPPLEMENTARY INFORMATION:
Proposed Modifications to Recreational
Management Measures
We are proposing to increase
recreational fishing opportunities for
Gulf of Maine (GOM) cod and haddock
starting May 1, 2016. The proposed
changes would allow anglers to retain
one cod per day during the months of
August and September and keep up to
15 haddock per day for most of the
fishing year. Table 1, below,
summarizes the proposed measures
compared to the fishing year 2015
measures.
TABLE 1—PROPOSED CHANGES TO GOM COD AND HADDOCK RECREATIONAL MANAGEMENT MEASURES
Current measures
Per day
possession
limit (fish per
angler)
Stock
GOM Cod * .............
Minimum fish size
Proposed measures
Per day
possession
limit (fish per
angler)
Season when
possession is
permitted
Possession Prohibited Year-Round
GOM Haddock ........
3
17 inches (43.2 cm)
Season when
possession is
permitted
Minimum fish size
1
August 1–September 30.
15
May 1– August 31,
2015 and November 1–February
29, 2016.
24 inches (61.0
cm)..
17 inches (43.2
cm)..
Year Round Except
April 15–30.
* The recreational cod prohibition is proposed to be rescinded in Framework 55. This action would establish the actual recreational fishing effort regulations if the prohibition is removed.
Background
Framework Adjustment 55 Proposes To
Increase Recreational Catch Limits
The Northeast Fishery Science Center
(Center) conducted operational stock
assessments for all 20 groundfish stocks
in September 2015. The assessment
concluded that the GOM haddock stock
biomass continues to increase, and as a
result, a substantial catch-limit increase
(150 percent) is anticipated for the 2016
fishing year. The assessment also
concluded that, although GOM cod
remains overfished and subject to
overfishing, biomass has increased
slightly. A 30-percent increase to the
catch limit for GOM cod is expected for
2016.
These catch limit increases will be
proposed in a separate rulemaking for
Framework Adjustment 55 to the
Northeast Multispecies Fishery
Management Plan (FMP) which is
expected to be published in the Federal
Register in the next few weeks. Final
approval of the recreational measures
proposed in this action is contingent
upon approval of the catch limit
increases proposed in Framework 55.
Framework 55 also proposes to remove
the GOM cod retention prohibition in
the recreational fishery. If catch limits
or management measures other than
those to be proposed in Framework 55
rulemaking are implemented, we will
adjust recreational measures as
necessary to ensure that catch from the
recreational fishery will remain within
the final catch limits implemented for
fishing year 2016.
A peer-reviewed bioeconomic model,
developed by the 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.
Based on the Framework 55 catch limits
recommended by the Council for the
2016 fishing year, analyses indicate that
recreational catch for both GOM cod
and haddock could be increased (Table
2).
TABLE 2—PROJECTED FISHING YEAR 2015 AND 2016 RECREATIONAL CATCH INFORMATION FOR GOM COD AND
HADDOCK
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Fishing year 2015
Catch limit
(mt)
Stock
GOM Cod .............................................................................
GOM Haddock .....................................................................
Projected
catch (mt)
121
372
Fishing year 2016
Percent of
catch limit
caught
69
301
57
81
* NMFS will propose fishing year 2016 recreational catch limits in a separate Framework 55 rulemaking.
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Catch limit
(mt) *
157
926
Percent of
catch limit
increase from
2015
30
149
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Federal Register / Vol. 81, No. 42 / Thursday, March 3, 2016 / Proposed Rules
How Management Alternatives and the
Proposed Measures Were Developed
Each year, pursuant to the regulations
within the FMP, we may consult with
the New England Fishery Management
Council and modify recreational
management measures to help the
fishery achieve optimum yield while
ensuring that catch limits are not
exceeded. The Center’s bioeconomic
model results were presented to the
Council, its Recreational Advisory Panel
(RAP), and its Groundfish Oversight
Committee in November and December
2015. These groups concurred that
data in two month ‘‘waves’’ (for
example, wave 1 is January-February;
wave 2 is March-April). Since MRIP
data is provided in waves, the
bioeconomic model used to develop
recreational management measures
estimates effort and catch by 2 month
waves as well. As a result, seasonal
closures and openings are typically
implemented in line with the MRIP
waves.
Additional information and analyses
on these alternatives is included in a
supplemental Environmental
Assessment (see ADDRESSES).
fishing effort on GOM haddock should
be increased and suggested that bag
limits increase from 3 to 15 fish per
angler per day. The Council, RAP, and
Committee also recomended that the
fishing season for GOM haddock should
be substantially extended.
The Council, RAP, and Committee
agreed that the GOM cod recreational
retention prohibition should be
removed. However, they debated when
anglers should be permitted to retain
GOM cod (Table 3). The Marine
Recreational Information Program
(MRIP) gathers fishing effort and catch
TABLE 3—ESTIMATED FISHING YEAR 2016 MORTALITY OF GOM COD AND HADDOCK BY MANAGEMENT ALTERNATIVE *
Haddock
Total
mortality as
percent of
quota
Bag
limit
Size limit
(in/cm)
405
44%
0
n/a
All year, except
April 15–30.
All year, except
April 15–30.
709
76%
1
707
76%
All year, except
April 15–30.
707–709
76%
Bag
limit
Alternative
Current Recreational Measures.
2016 RAP Recommendation.
2016 Committee
Recommendation.
2016 Council Recommendation.
Cod
Size
limit (in/
cm)
Total
mortality
(mt)
3
17/43.2
Waves 3, 4, 6, 1 ...
15
17/43.2
15
17/43.2
15
17/43.2
Open
season
Open
season
Total
mortality
(mt)
Total
mortality
as
percent of
quota
Angler trips
Closed
66
42%
117,139
24/61.0
Jul–Aug
132
84%
168,125
1
24/61.0
Sept–
Oct.
114
73%
167,549
1
24/61.0
Aug–
Sept.
114–132
73–84%
167,549–168,125
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* The model cannot split a wave of data; the numbers provided under alternative 4 are a range between alternatives 2 and 3.
Council recommended Framework 55 fishing year 2016 GOM haddock recreational catch limit = 928 mt.
Council recommended Framework fishing year 2016 GOM cod recreational catch limit = 157 mt.
There was general agreement among
the Council, RAP, and Committee that
the GOM cod daily bag limit could not
exceed more than 1 fish per person per
day. The RAP debated whether anglers
should be able to retain that one cod
during the months of July and August
(wave 4) or September and October
(wave 5). According to the model,
opening wave 4 would result in slightly
more trips being taken compared to
opening wave 5; however, both options
are expected to keep catch within the
proposed limits. Most RAP members
initially supported opening wave 5
because it would result in less cod being
caught, which may provide additional
conservation benefits. The RAP also
discussed that opening wave 5 would
extend the primary summer fishing
season further into the fall, potentially
creating additional fishing opportunities
that would help charter and party boat
businesses. However, opening wave 5
would not benefit private anglers as
much because fewer private anglers fish
in the fall compared to the summer.
Because allowing cod retention during
July and August, when most anglers are
fishing, would provide the greatest
overall benefits, the RAP endorsed
opening wave 4.
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The Groundfish Committee
considered the RAP’s recommendation
and evaluated the trade-offs between
opening waves 4 or 5. The Committee
recommended opening wave 5, citing a
preference to extend the recreational
fishing season further into the fall.
The Council proposed a compromise,
recommending that anglers should be
able to retain one cod during the months
of August and September (the second
month of wave 4 and the first month of
wave 5). We propose to adopt the
Council’s recommendations in this
action.
We intend to modify our bioeconomic
model so we can project effort and catch
at a monthly level, but there is some
concern that a revised model may not
work if there is insufficient data at the
monthly level. Since MRIP effort and
catch data is reported by 2-month
waves, reducing the length of time from
two months to one would reduce the
amount of samples that would be
incorporated into the model, potentially
increasing variability and uncertainty in
the model, which could cause the model
to fail. We believe this to be unlikely,
but still a possibility.
The increased flexibility from the
proposed measure appears to outweigh
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the potential data trade-off. There is a
substantial ‘‘buffer’’ between the catch
forecasted by the model and the
proposed catch limits, and we will be
modifying the model in the future to
reduce management uncertainty where
possible. We believe that the Council’s
suggestion is appropriate and are
therefore proposing it for this action.
We are providing a 15-day comment
period for this rule. A 15-day comment
period, coupled with extensive public
comment periods at three different
Council-related meetings during the
development of this action, provides
sufficient opportunity for public input
on the proposed measures. The Council
did not recommend management
measures to NMFS until December
2015; as a result were unable to develop
a proposed rule any sooner than this.
Recreational fishing businesses and
fishermen are currently scheduling
fishing trips and these proposed
measures will provide them with
additional information to assist their
planning efforts. Since these measures
increase fishing opportunities,
announcing these measures quickly will
provide additional support to
recreational-fishing businesses.
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Classification
Pursuant to section 304(b)(1)(A) of the
Magnuson-Stevens Act, the NMFS
Assistant Administrator has made a
determination that this proposed rule is
consistent with the Northeast
Multispecies FMP, other provisions of
the Magnuson-Stevens Act, and other
applicable law, subject to further
consideration after public comment.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities.
As explained above, the purpose of
this action is to modify recreational
fishing management measures to
increase recreational fishing
opportunities, effort, and catch
consistent with the catch limit increases
anticipated in Framework 55. This
action is needed to help the recreational
fishery achieve its optimum yield
without overfishing.
The regulated entities most likely to
be affected by this action are private
anglers, and charter/party vessel fishing
corporations. Other than private anglers,
which are not businesses, all charter/
party fishing businesses are considered
small businesses per the SBA guidelines
because they all have less than $7.5
million in annual receipts. As a result,
the impacts of these measures are not
considered to be disproportional.
All of the measures proposed in this
action are expected to have a positive
economic impact on participants as new
regulations would allow for additional
fishing opportunities. Additional fishing
opportunities would generate additional
effort (trips) and result in more revenue
for recreational fishing businesses. This
rule would not impose significant
negative economic impacts.
Since no small entities would be
placed at a competitive disadvantage to
large entities, and the regulations would
not reduce the profit for any small
entities, an initial regulatory flexibility
analysis is not required and none has
been prepared.
This action has been determined to be
not significant for purposes of Executive
Order (E.O.) 12866.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: February 25, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is proposed
to be amended 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, revise paragraphs (b)(1),
(c)(1)(ii), (c)(2), and (c)(8) to read as
follows:
■
§ 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/party vessel 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 Area1 ................................................................................................................
Outside GOM Regulated Mesh Area1 ..............................................................................................................
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
24
22
61.0
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)
*
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cm
*
*
*
*
(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 § 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 § 648.80(a)(1)
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may transit this area with more than one
such cod per person up to the
possession limit specified at
§ 648.89(c)(1)(i), provided all bait and
hooks are removed from fishing rods
and any cod on board has been gutted
and stored.
*
*
*
*
*
(2) Charter/party vessels (i) Each
person on a charter/party fishing vessel
permitted under this part and not
fishing under a NE multispecies DAS
program or on a sector trip may possess
unlimited cod when fishing outside of
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the GOM Regulated Mesh Area specified
in § 648.80(a)(1).
(ii) Each person on a charter/party
fishing vessel 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 § 648.80(a)(1);
with the exception that each person on
a charter/party vessel in possession of
cod caught outside the GOM Regulated
Mesh Area specified in § 648.80(a)(1)
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may transit this area with more than one
such cod up to any possession limit
under § 648.89(c)(2)(ii), 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 charter/party
vessels 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) 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 § 648.80(a)(1).
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(ii) Each person on a private
recreational fishing vessel, fishing from
May 1 through April 14, 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 § 648.80(a)(1); with the exception that
each person on a private recreational
vessel in possession of haddock caught
outside the GOM Regulated Mesh Area
specified in § 648.80(a)(1) may transit
this area with more than 15 such
haddock per person up to the
possession limit specified at
§ 648.89(c)(8)(i), provided all bait and
hooks are removed from fishing rods
and any haddock on board has been
gutted and stored.
(iii) Each person on a charter/party
fishing vessel permitted under this part
and not fishing under a NE multispecies
DAS program or on a sector trip may
possess unlimited haddock when
fishing outside of the GOM Regulated
Mesh Area specified in § 648.80(a)(1).
(iv) Each person on a charter/party
fishing vessel permitted under this part,
fishing from May 1 through April 14,
and not fishing under the NE
multispecies DAS program or on a
sector trip, may possess no more than 15
haddock per day in the GOM Regulated
Mesh Area specified in § 648.80(a)(1);
with the exception that each person on
a charter/party vessel in possession of
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haddock caught outside the GOM
Regulated Mesh Area specified in
§ 648.80(a)(1) may transit this area with
more than fifteen such haddock up to
any possession limit under
§ 648.89(c)(8)(iii), provided all bait and
hooks are removed from fishing rods
and any cod on board has been gutted
and stored.
(v) 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.
(vi) 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.
(vii) Haddock must be stored so as to
be readily available for inspection.
*
*
*
*
*
[FR Doc. 2016–04656 Filed 3–2–16; 8:45 am]
BILLING CODE 3510–22–P
E:\FR\FM\03MRP1.SGM
03MRP1
Agencies
[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Proposed Rules]
[Pages 11168-11172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04656]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 160120042-6042-01]
RIN 0648-BF69
Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Groundfish Fishery; Recreational Management Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes to modify recreational fishery management
measures for Gulf of Maine cod and haddock, including daily bag limits,
size limits, and seasonal possession restrictions. This action is
necessary to increase recreational fishing opportunities and catch of
cod and haddock in a manner consistent with anticipated catch limit
increases. The intended effect of this action is to ensure the
recreational fishery can achieve but not exceed its catch limits.
DATES: Comments must be received by March 18, 2016.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2016-0011, 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-2016-0011.
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 groundfish recreational fishing management 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
[[Page 11169]]
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).
In support of the proposed action, NMFS prepared a supplemental
environmental assessment (EA) to Framework Adjustment 55 to the
Northeast Multispecies Fishery Management Plan. The Framework 55 EA was
prepared by the New England Fishery Management Council. Copies of the
Framework 55 EA and supplemental EA 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/.
FOR FURTHER INFORMATION CONTACT: William Whitmore, Fishery Policy
Analyst, phone: 978-281-9182; email: William.Whitmore@noaa.gov.
SUPPLEMENTARY INFORMATION:
Proposed Modifications to Recreational Management Measures
We are proposing to increase recreational fishing opportunities for
Gulf of Maine (GOM) cod and haddock starting May 1, 2016. The proposed
changes would allow anglers to retain one cod per day during the months
of August and September and keep up to 15 haddock per day for most of
the fishing year. Table 1, below, summarizes the proposed measures
compared to the fishing year 2015 measures.
Table 1--Proposed Changes to GOM Cod and Haddock Recreational Management Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
Current measures Proposed measures
----------------------------------------------------------------------------------------------------------------------
Per day Per day
Stock possession Season when possession Season when
limit (fish Minimum fish size possession is limit (fish Minimum fish size possession is
per angler) permitted per angler) permitted
--------------------------------------------------------------------------------------------------------------------------------------------------------
GOM Cod *........................ Possession Prohibited Year-Round 1 24 inches (61.0 cm). August 1-September
30.
------------------------------------------------------------
GOM Haddock...................... 3 17 inches (43.2 cm). May 1- August 31, 15 17 inches (43.2 cm). Year Round Except
2015 and November 1- April 15-30.
February 29, 2016.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* The recreational cod prohibition is proposed to be rescinded in Framework 55. This action would establish the actual recreational fishing effort
regulations if the prohibition is removed.
Background
Framework Adjustment 55 Proposes To Increase Recreational Catch Limits
The Northeast Fishery Science Center (Center) conducted operational
stock assessments for all 20 groundfish stocks in September 2015. The
assessment concluded that the GOM haddock stock biomass continues to
increase, and as a result, a substantial catch-limit increase (150
percent) is anticipated for the 2016 fishing year. The assessment also
concluded that, although GOM cod remains overfished and subject to
overfishing, biomass has increased slightly. A 30-percent increase to
the catch limit for GOM cod is expected for 2016.
These catch limit increases will be proposed in a separate
rulemaking for Framework Adjustment 55 to the Northeast Multispecies
Fishery Management Plan (FMP) which is expected to be published in the
Federal Register in the next few weeks. Final approval of the
recreational measures proposed in this action is contingent upon
approval of the catch limit increases proposed in Framework 55.
Framework 55 also proposes to remove the GOM cod retention prohibition
in the recreational fishery. If catch limits or management measures
other than those to be proposed in Framework 55 rulemaking are
implemented, we will adjust recreational measures as necessary to
ensure that catch from the recreational fishery will remain within the
final catch limits implemented for fishing year 2016.
A peer-reviewed bioeconomic model, developed by the 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. Based on the Framework 55 catch limits recommended
by the Council for the 2016 fishing year, analyses indicate that
recreational catch for both GOM cod and haddock could be increased
(Table 2).
Table 2--Projected Fishing Year 2015 and 2016 Recreational Catch Information for GOM Cod and Haddock
----------------------------------------------------------------------------------------------------------------
Fishing year 2015 Fishing year 2016
----------------------------------------------------------------------------------------------------------------
Percent of
Catch limit Projected Percent of Catch limit catch limit
Stock (mt) catch (mt) catch limit (mt) * increase from
caught 2015
----------------------------------------------------------------------------------------------------------------
GOM Cod......................... 121 69 57 157 30
GOM Haddock..................... 372 301 81 926 149
----------------------------------------------------------------------------------------------------------------
* NMFS will propose fishing year 2016 recreational catch limits in a separate Framework 55 rulemaking.
[[Page 11170]]
How Management Alternatives and the Proposed Measures Were Developed
Each year, pursuant to the regulations within the FMP, we may
consult with the New England Fishery Management Council and modify
recreational management measures to help the fishery achieve optimum
yield while ensuring that catch limits are not exceeded. The Center's
bioeconomic model results were presented to the Council, its
Recreational Advisory Panel (RAP), and its Groundfish Oversight
Committee in November and December 2015. These groups concurred that
fishing effort on GOM haddock should be increased and suggested that
bag limits increase from 3 to 15 fish per angler per day. The Council,
RAP, and Committee also recomended that the fishing season for GOM
haddock should be substantially extended.
The Council, RAP, and Committee agreed that the GOM cod
recreational retention prohibition should be removed. However, they
debated when anglers should be permitted to retain GOM cod (Table 3).
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). Since MRIP data is provided
in waves, the bioeconomic model used to develop recreational management
measures estimates effort and catch by 2 month waves as well. As a
result, seasonal closures and openings are typically implemented in
line with the MRIP waves.
Additional information and analyses on these alternatives is
included in a supplemental Environmental Assessment (see ADDRESSES).
Table 3--Estimated Fishing Year 2016 Mortality of GOM Cod and Haddock by Management Alternative *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Haddock Cod
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Total
Size Total Total Size Total mortality Angler trips
Alternative Bag limit Open season mortality mortality Bag limit (in/ Open season mortality as
limit (in/cm) (mt) as percent limit cm) (mt) percent of
of quota quota
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Current Recreational Measures......... 3 17/43.2 Waves 3, 4, 6, 1........ 405 44% 0 n/a Closed.................. 66 42% 117,139
2016 RAP Recommendation............... 15 17/43.2 All year, except April 709 76% 1 24/61.0 Jul-Aug................. 132 84% 168,125
15-30.
2016 Committee Recommendation......... 15 17/43.2 All year, except April 707 76% 1 24/61.0 Sept-Oct................ 114 73% 167,549
15-30.
2016 Council Recommendation........... 15 17/43.2 All year, except April 707-709 76% 1 24/61.0 Aug-Sept................ 114-132 73-84% 167,549-168,125
15-30.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
* The model cannot split a wave of data; the numbers provided under alternative 4 are a range between alternatives 2 and 3.
Council recommended Framework 55 fishing year 2016 GOM haddock recreational catch limit = 928 mt.
Council recommended Framework fishing year 2016 GOM cod recreational catch limit = 157 mt.
There was general agreement among the Council, RAP, and Committee
that the GOM cod daily bag limit could not exceed more than 1 fish per
person per day. The RAP debated whether anglers should be able to
retain that one cod during the months of July and August (wave 4) or
September and October (wave 5). According to the model, opening wave 4
would result in slightly more trips being taken compared to opening
wave 5; however, both options are expected to keep catch within the
proposed limits. Most RAP members initially supported opening wave 5
because it would result in less cod being caught, which may provide
additional conservation benefits. The RAP also discussed that opening
wave 5 would extend the primary summer fishing season further into the
fall, potentially creating additional fishing opportunities that would
help charter and party boat businesses. However, opening wave 5 would
not benefit private anglers as much because fewer private anglers fish
in the fall compared to the summer. Because allowing cod retention
during July and August, when most anglers are fishing, would provide
the greatest overall benefits, the RAP endorsed opening wave 4.
The Groundfish Committee considered the RAP's recommendation and
evaluated the trade-offs between opening waves 4 or 5. The Committee
recommended opening wave 5, citing a preference to extend the
recreational fishing season further into the fall.
The Council proposed a compromise, recommending that anglers should
be able to retain one cod during the months of August and September
(the second month of wave 4 and the first month of wave 5). We propose
to adopt the Council's recommendations in this action.
We intend to modify our bioeconomic model so we can project effort
and catch at a monthly level, but there is some concern that a revised
model may not work if there is insufficient data at the monthly level.
Since MRIP effort and catch data is reported by 2-month waves, reducing
the length of time from two months to one would reduce the amount of
samples that would be incorporated into the model, potentially
increasing variability and uncertainty in the model, which could cause
the model to fail. We believe this to be unlikely, but still a
possibility.
The increased flexibility from the proposed measure appears to
outweigh the potential data trade-off. There is a substantial
``buffer'' between the catch forecasted by the model and the proposed
catch limits, and we will be modifying the model in the future to
reduce management uncertainty where possible. We believe that the
Council's suggestion is appropriate and are therefore proposing it for
this action.
We are providing a 15-day comment period for this rule. A 15-day
comment period, coupled with extensive public comment periods at three
different Council-related meetings during the development of this
action, provides sufficient opportunity for public input on the
proposed measures. The Council did not recommend management measures to
NMFS until December 2015; as a result were unable to develop a proposed
rule any sooner than this. Recreational fishing businesses and
fishermen are currently scheduling fishing trips and these proposed
measures will provide them with additional information to assist their
planning efforts. Since these measures increase fishing opportunities,
announcing these measures quickly will provide additional support to
recreational-fishing businesses.
[[Page 11171]]
Classification
Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a determination that this
proposed rule is consistent with the Northeast Multispecies FMP, other
provisions of the Magnuson-Stevens Act, and other applicable law,
subject to further consideration after public comment.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities.
As explained above, the purpose of this action is to modify
recreational fishing management measures to increase recreational
fishing opportunities, effort, and catch consistent with the catch
limit increases anticipated in Framework 55. This action is needed to
help the recreational fishery achieve its optimum yield without
overfishing.
The regulated entities most likely to be affected by this action
are private anglers, and charter/party vessel fishing corporations.
Other than private anglers, which are not businesses, all charter/party
fishing businesses are considered small businesses per the SBA
guidelines because they all have less than $7.5 million in annual
receipts. As a result, the impacts of these measures are not considered
to be disproportional.
All of the measures proposed in this action are expected to have a
positive economic impact on participants as new regulations would allow
for additional fishing opportunities. Additional fishing opportunities
would generate additional effort (trips) and result in more revenue for
recreational fishing businesses. This rule would not impose significant
negative economic impacts.
Since no small entities would be placed at a competitive
disadvantage to large entities, and the regulations would not reduce
the profit for any small entities, an initial regulatory flexibility
analysis is not required and none has been prepared.
This action has been determined to be not significant for purposes
of Executive Order (E.O.) 12866.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: February 25, 2016.
Samuel D. Rauch III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended 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/party
vessel 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...... 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)
* * * * *
(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 Sec. 648.89(c)(1)(i),
provided all bait and hooks are removed from fishing rods and any cod
on board has been gutted and stored.
* * * * *
(2) Charter/party vessels (i) Each person on a charter/party
fishing vessel permitted under this part and not fishing under a 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/party fishing vessel 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/party vessel in possession of cod caught outside the GOM
Regulated Mesh Area specified in Sec. 648.80(a)(1)
[[Page 11172]]
may transit this area with more than one such cod up to any possession
limit under Sec. 648.89(c)(2)(ii), 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 charter/party vessels 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) 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).
(ii) Each person on a private recreational fishing vessel, fishing
from May 1 through April 14, 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); with the exception that 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 15 such haddock per person up to the
possession limit specified at Sec. 648.89(c)(8)(i), provided all bait
and hooks are removed from fishing rods and any haddock on board has
been gutted and stored.
(iii) Each person on a charter/party fishing vessel permitted under
this part and not fishing under a NE multispecies DAS program or on a
sector trip may possess unlimited haddock when fishing outside of the
GOM Regulated Mesh Area specified in Sec. 648.80(a)(1).
(iv) Each person on a charter/party fishing vessel permitted under
this part, fishing from May 1 through April 14, and not fishing under
the NE multispecies DAS program or on a sector trip, may possess no
more than 15 haddock per day in the GOM Regulated Mesh Area specified
in Sec. 648.80(a)(1); with the exception that each person on a
charter/party 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 fifteen such haddock up to any possession limit
under Sec. 648.89(c)(8)(iii), provided all bait and hooks are removed
from fishing rods and any cod on board has been gutted and stored.
(v) 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.
(vi) 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.
(vii) Haddock must be stored so as to be readily available for
inspection.
* * * * *
[FR Doc. 2016-04656 Filed 3-2-16; 8:45 am]
BILLING CODE 3510-22-P