Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Fishing Year 2017; Recreational Management Measures, 24086-24092 [2017-10703]

Download as PDF 24086 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the ‘‘For Further Information Contact’’ section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Ida E. McDonnell, Manager, Air Permits, Toxics, and Indoor Programs Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100, (OEP05–2), Boston, MA 02109–3912, phone number (617) 918–1653, fax number (617) 918– 0653, email McDonnell.Ida@epa.gov. SUPPLEMENTARY INFORMATION: In the Final Rules Section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because the Agency views this as a noncontroversial submittal and anticipates no adverse comments. A detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action rule, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. VerDate Sep<11>2014 18:01 May 24, 2017 Jkt 241001 For additional information, see the direct final rule which is located in the Rules Section of this Federal Register. Dated: April 19, 2017. Deborah A. Szaro, Acting Regional Administrator, EPA New England. [FR Doc. 2017–09538 Filed 5–24–17; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 161220999–7467–01] RIN 0648–BG52 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Groundfish Fishery; Fishing Year 2017; 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 management measures for Gulf of Maine cod and haddock for the 2017 fishing year. This action proposes to prohibit recreational possession of cod, reduce the haddock bag limit, and implement a new closed season for haddock in the fall. The intended effect of this action is to reduce catch of cod and haddock. This action is necessary to ensure fishing year 2017 recreational catch limits are not exceeded. DATES: Comments must be received by June 9, 2017. ADDRESSES: You may submit comments on this document, identified by NOAA– NMFS–2017–0048, 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-NMFS2017-0048 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 SUMMARY: PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 outside of the envelope, ‘‘Comments on the Fishing Year 2017 Groundfish 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 the analyses supporting this rulemaking, including the Framework Adjustment 55 environmental assessment (EA) prepared by the New England Fishery Management Council, a supplemental EA to Framework Adjustment 55 prepared by the Greater Atlantic Regional Fisheries Office and Northeast Fisheries Science Center, and the supplemental information report (SIR) are available from: John K. Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. The Framework Adjustment 55 EA, supplemental EA, and SIR 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 2017 Recreational Management Measures 2. Regulatory Corrections Under Regional Administrator Authority 1. Proposed Recreational Management Measures for Fishing Year 2017 Background The recreational fishery for Gulf of Maine (GOM) cod and haddock is managed under the Northeast Multispecies Fishery Management Plan (FMP). Under the FMP, specific subannual catch limits (sub-ACL) for the recreational fishery are established for each fishing year for GOM cod and haddock. These sub-ACLs are a portion of the overall catch limit for each stock. The multispecies fishery opens on May 1 each year and runs through April 30 of the following calendar year. The FMP also contains recreational accountability E:\FR\FM\25MYP1.SGM 25MYP1 24087 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules measures to prevent the recreational sub-ACLs from being exceeded, or to correct the cause if an overage of one occurs. The proactive accountability measure provision in the FMP indicates that the Regional Administrator shall, in consultation with the New England Fishery Management Council, develop recreational management measures for the upcoming fishing year necessary to ensure that the sub-ACL is achieved, but not exceeded. The provisions authorizing this action can be found in § 648.89(f)(3) of the FMP’s implementing regulations. This action also proposes additional measures necessary to facilitate enforcement of recreational management measures. These measures and corrections to other regulations also in this action are proposed under the authority of § 305(d) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), which states that the Secretary of Commerce may promulgate regulations necessary to ensure that FMPs are implemented in accordance with 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 that collects data from recreational anglers and captains. In 2016, the recreational sub-ACL for GOM cod increased 30 percent, and the recreational sub-ACL for GOM haddock increased 149 percent. Accordingly, the recreational measures set for 2016 were more liberal than the 2015 measures to increase recreational fishing opportunities and catch. However, in 2016, cod catch increased more than predicted and the recreational sub-ACL was exceeded by 92 percent. Haddock catch slightly exceeded the sub-ACL (by 15 percent). For 2017, the recreational sub-ACL for GOM haddock increases 25 percent, from 928 mt to 1,160 mt, and the recreational sub-ACL for GOM cod remains unchanged at 157 mt. As specified in Table 1, compared to the 2016 catch, the 2017 sub-ACLs would allow for a 9-percent increase in haddock catch, but would require a 48percent reduction in cod catch. TABLE 1—FISHING YEAR 2016 CATCH COMPARED TO FISHING YEAR 2016 AND 2017 SUB-ACLS 2016 Sub-ACL (mt) 2016 Catch (mt) GOM stock Cod ....................................................................................... Haddock ............................................................................... Analysis of Measures for Fishing Year 2017 A peer-reviewed bioeconomic model, developed by the Northeast Fisheries Science Center, was used to estimate 2017 recreational GOM cod and haddock mortality under various combinations of minimum sizes, possession limits, and closed seasons. Even when incorporating zero possession of GOM cod, the model estimates that the status quo measures for GOM haddock are not expected to constrain the catch of haddock, or the bycatch of cod, to the 2017 catch limits. Catch of 2016 sub-ACL (percent) 2017 Sub-ACL (mt) Change in 2016 catch to reach 2017 sub-ACL (percent) 157 928 192 115 157 1,160 ¥48 +9 302 1,066 The model estimates that the status quo haddock measures would result in cod catch of 292 mt and haddock catch of 1,299 mt (see Table 3), which would be 186 percent of the cod sub-ACL and 112 percent of the haddock sub-ACL. Proposed Measures Because the recreational measures currently in place for GOM cod and haddock are not expected to constrain fishing year 2017 catch to the sub-ACLs, the proactive accountability measure requires adjustment of the management measures. The proposed measures are slightly more restrictive than the current measures. Recreational possession of GOM cod would be prohibited. The minimum size for GOM haddock would be unchanged, but the bag limit would be reduced from 15 fish to 12 fish, and a fall closed season would be added to the existing spring closure. We are soliciting comment on two different fall closures, as described in more detail below. The proposed fishing year 2017 recreational measures for GOM cod and haddock are specified in Table 2, along with information on fishing year 2016 measures for comparison. TABLE 2—PROPOSED GOM COD AND HADDOCK RECREATIONAL MANAGEMENT MEASURES FOR FISHING YEAR 2017 AND STATUS QUO (FISHING YEAR 2016) MEASURES Haddock 2017 Measures Haddock possession limit (per angler) Cod Minimum fish size (inches) Council Recommended .................. 12 fish ................ 17 Additional NMFS Option ................. 12 fish ................ 17 Status Quo ...................................... 15 fish ................ 17 Council Recommendations We consulted with the Council, and its Recreational Advisory Panel (RAP), in January 2017. The RAP met on VerDate Sep<11>2014 18:01 May 24, 2017 Jkt 241001 Closed season 3/1–4/14 9/17–10/31 3/1–4/14 9/1–9/30 3/1–4/14 Cod possession limit (per angler) Frm 00008 Fmt 4702 Sfmt 4702 Closed season N/A ..................... N/A 5/1–4/30 N/A ..................... N/A 5/1–4/30 1 fish .................. 24 5/1–7/31 10/1–4/30 January 18, 2017, to review catch projections under various scenarios of changed measures for fishing year 2017. The RAP discussed a number of PO 00000 Minimum fish size (inches) alternatives, and specifically decided against any options that would include closures in May or that would set different measures for private anglers E:\FR\FM\25MYP1.SGM 25MYP1 24088 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules and for-hire vessels. Ultimately, the RAP recommended the option that prohibited cod possession, and for haddock maintained the 17-inch minimum size, reduced the bag limit from 15 to 12 fish, and added a fall closure from September 17 through October 31 to the existing spring closure. On January 25, 2017, the Council discussed recreational measures for 2017. The Council declined the Groundfish Oversight Committee’s suggestion to implement separate measures for the private and for-hire modes at this time in deference to having a larger public process to consider the concept. Ultimately, the Council recommended we implement the RAP’s recommended option (see Table 2). The proposed measures are projected to result in fishing year 2017 recreational GOM cod and haddock catches that do not exceed the sub-ACLs (see Table 3), as explained further below. The analyses supporting this action are available as outlined in the ADDRESSES section of this rule’s preamble. TABLE 3—PROJECTED FISHING YEAR 2017 RECREATIONAL COD AND HADDOCK CATCH UNDER PROPOSED MEASURES AND STATUS QUO 2017 Measures Haddock Possession Limit (per angler) Minimum Fish Size (inches) Council Recommended ... 12 fish ........ 17 Additional NMFS Option .. 12 fish ........ 17 Status Quo ...................... 15 fish ........ 17 The bioeconomic model’s predicted probabilities that catch will remain at or below the sub-ACLs are informative. However, we are using preliminary MRIP data that will change when vessel trip report data from the for-hire fleet is incorporated (after June 15). MRIP estimates are highly variable from year to year. This combination of factors makes it difficult for the model to produce consistent predictions and to assess the underlying reasons for the discrepancies between predicted and actual catch. Historically, while the model’s predictive power increases each year, the model underestimates recreational catch. Recent measures have generally resulted in catch close to the sub-ACLs; however, a number of overages have still occurred. NMFS Additional Option The Magnuson-Stevens Act requires accountability measures to ensure compliance with ACLs. In 2014, the U.S. District Court for the District of Columbia in Guindon v. Pritzker, 2014 WL 1274076 (D.D.C. Mar. 26, 2014) ruled against the agency’s recreational fishery measures in the Gulf of Mexico red snapper fishery because the measures did not include a sufficient buffer, or additional accountability measures, to account for the management uncertainty represented by repeated ACL overages in past years. In light of the bioeconomic model’s prediction that the Council’s recommended measures have only a 50percent probability of preventing haddock catch from exceeding the subACL, the model’s history of underestimating catch, and multiple VerDate Sep<11>2014 18:01 May 24, 2017 Jkt 241001 Predicted Haddock Catch (mt) Closed Season 3/1–4/14 9/17–10/31 3/1–4/14 9/1–9/30 3/1–4/14 Fmt 4702 Sfmt 4702 Probability Cod Catch Below sub-ACL (percent) 50 147 78 1,137 70 149 78 1,299 0 292 0 2. Regulatory Corrections and Other Measures Under Regional Administrator Authority In § 648.89(b), we have added an exception to the minimum fish sizes for GOM cod and haddock to allow vessels to transit the GOM Regulated Mesh Area while in possession of cod and haddock caught outside the area, provided those fish meet the minimum sizes specified for fish caught outside the area. Frm 00009 Predicted Cod Catch (mt) 1,160 overages over the past five years it may be prudent to implement more conservative measures. Therefore, in addition to the Council’s recommended haddock measures, we are requesting comment on a set of measures with the same minimum size and bag limit, but a different fall closure (Additional NMFS Option in Table 2). As shown in Table 3, the model predicts shifting from a 6-week fall closure (9/17–10/31), as recommended by the Council, to a 4week September closure (9/1–9/30), would slightly reduce haddock catch and increase the probability that haddock catch would not exceed the sub-ACL. The key difference is that closing the entirety of September eliminates high catches associated with Labor Day weekend. Thus, a shorter fall closure could be a more conservative approach; however, this closure would be at the expense of a holiday weekend that is popular with private anglers and economically important to a portion of the for-hire fleet. We are particularly interested in comments on the effects of the different fall closures of the Council’s recommended option and NMFS additional option. PO 00000 Probability Haddock Catch Below sub-ACL (percent) Amendment 16 to the FMP included seasonal closures of the GOM recreational fishery for cod and haddock, and also implemented a possession limit exemption to allow vessels to transit the GOM when it was closed while in possession of fish legally caught outside the area. At that time, there was a single minimum size for cod, and a single minimum size for haddock, regardless of where the fish were caught and the transiting provision included in Amendment 16 did not address minimum fish size restrictions. Subsequently, we have changed the minimum sizes for GOM cod and haddock as part of the proactive accountability measures. We adjust the recreational measures for only GOM cod and haddock because these are the only stocks allocated a recreational sub-ACL. This has created a complicated system in which vessels may transit the GOM Regulated Mesh Area with fish legally caught outside the area in excess of the GOM possession limits, but those vessels must comply with the most restrictive minimum size of the two areas, rather than the minimum size applicable to where the fish were caught. The intent of this change is to simplify the existing transiting exemption by allowing any cod and haddock legally caught outside the GOM to be possessed by vessels transiting the GOM to ensure consistent implementation of the existing transiting provision. In § 648.89(e), we have revised the text specifying the requirements for the letters of authorization allowing charter and party boats to fish in the GOM closed areas and the Nantucket E:\FR\FM\25MYP1.SGM 25MYP1 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules Lightship Closed Area to improve readability. In paragraph (e)(3), we have also corrected the name of the NMFS office issuing letters of authorization from the ‘‘Northeast Regional Office’’ to the ‘‘Greater Atlantic Regional Fisheries Office.’’ In § 648.89(f)(2)(ii), we removed text prohibiting the Regional Administrator from adjusting the possession limit for GOM cod while recreational possession of GOM cod was prohibited by the Northeast Multispecies FMP. In 2016, Framework Adjustment 55 removed this prohibition, but the final rule implementing Framework Adjustment 55 inadvertently failed to remove this text. This change in intended to correct the regulations to accurately reflect the Council’s intent in Framework Adjustment 55. Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the NMFS Assistant Administrator has made a preliminary 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. This proposed rule has been determined to be not significant for purposes of Executive Order (E.O.) 12866. This proposed rule does not contain policies with Federalism or ‘‘takings’’ implications as those terms are defined in E.O. 13132 and E.O. 12630, respectively. An initial regulatory flexibility analysis (IRFA) was prepared, as required by section 603 of the Regulatory Flexibility Act (RFA). The IRFA describes the economic impact this proposed rule, if adopted, would have on small entities, and also determines ways to minimize these impacts. The IRFA includes sections of the preamble (SUPPLEMENTARY INFORMATION) and analyses supporting this rulemaking, including the Framework Adjustment 55 EA, the supplemental EA to Framework Adjustment 55, and the supplemental information report. A summary of the analysis follows (see ADDRESSES). Description of the Reasons Why Action by the Agency Is Being Considered Because the recreational measures currently in place for GOM cod and haddock are not expected to constrain fishing year 2017 catch to the sub-ACLs, this action proposes new measures, as required by the FMP, to ensure that the sub-ACL is achieved, but not exceeded. VerDate Sep<11>2014 18:01 May 24, 2017 Jkt 241001 Statement of the Objectives of, and Legal Basis for, This Proposed Rule The accountability measures outlined in the FMP indicate that the Regional Administrator may, in consultation with the Council, modify the recreational management measures for the upcoming fishing year to ensure that the sub-ACL is achieved, but not exceeded. The provisions authorizing this action can be found in § 648.89(f)(3) of the FMP’s implementing regulations. The intended effect of this action is to reduce catch of cod and haddock. This action is necessary to ensure fishing year 2017 recreational catch limits are not exceeded. Additional measures necessary to facilitate enforcement of these accountability measures, consistent with the FMP, are authorized by section 305(d) of the Magnuson-Stevens Act. In § 648.89(b), we have added an exception to the minimum fish sizes for GOM cod and haddock to allow vessels to transit the GOM Regulated Mesh Area while in possession of cod and haddock caught outside the area, provided those fish meet the minimum sizes specified for fish caught outside the area. In § 648.89(e), we have revised the text specifying the requirements for the letters of authorization allowing charter and party boats to fish in the GOM closed areas and the Nantucket Lightship Closed Area to improve readability. In § 648.89(f)(2)(ii), we removed text prohibiting the Regional Administrator from adjusting the possession limit for GOM cod while recreational possession of GOM cod was prohibited by the Northeast Multispecies FMP to accurately reflect the Council’s intent in Framework Adjustment 55. Description and Estimate of the Number of Small Entities to Which This Proposed Rule Would Apply The Small Business Administration (SBA) defines a small commercial finfishing or shellfishing business as a firm with annual receipts (gross revenue) of up to $11.0 million. A small for-hire recreational fishing business is defined as a firm with receipts of up to $7.5 million. Having different size standards for different types of fishing activities creates difficulties in categorizing businesses that participate in multiple fishing related activities. For purposes of this assessment business entities have been classified into the SBA-defined categories based on which activity produced the highest percentage of average annual gross revenues from 2013–2015, the most recent three-year period for which data are available. This PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 24089 classification is now possible because vessel ownership data have been added to Northeast permit database. The ownership data identify all individuals who own fishing vessels. Using this information, vessels can be grouped together according to common owners. The resulting groupings were treated as a fishing business for purposes of this analysis. Revenues summed across all vessels in a group and the activities that generate those revenues form the basis for determining whether the entity is a large or small business. The proposed regulations include closed seasons in addition to possession limits and size limits. For purposes of this analysis, it is assumed that for-hire businesses are directly affected by all three types of recreational fishing restrictions. According to the FMP, it is unlawful for the owner or operator of a charter or party boat issued a valid multispecies permit, when the boat is carrying passengers for hire, to: • Possess cod or haddock in excess of the possession limits. • Fish with gear in violation of the regulations. • Fail to comply with the applicable restrictions if transiting the GOM Regulated Mesh Area with cod or haddock on board that was caught outside the GOM Regulated Mesh Area. As the for-hire owner and operator can be prosecuted under the law for violations of the proposed regulations, for-hire business entities are considered directly affected in this analysis. Anglers are not considered ‘‘entities’’ under the RFA and thus economic impacts on anglers are not discussed here. For-hire fishing businesses are required to obtain a Federal charter/ party multispecies fishing permit in order to carry passengers to catch GOM cod or haddock. Thus, the affected businesses entities of concern are businesses that hold Federal multispecies for-hire fishing permits. While all business entities that hold forhire permits could be affected by changes in recreational fishing restrictions, not all business that hold for-hire permits actively participate in a given year. Those who actively participate, i.e., land fish, would be the group of business entities that are impacted by the regulations. Latent fishing power (in the form of unfished permits) has the potential to alter the impacts on a fishery, but it’s not possible to predict how many of these latent business entities will or will not participate in this fishery in fishing year 2017. The Northeast Federal landings database (i.e., vessel trip report data) indicates that a total of 645 party/ E:\FR\FM\25MYP1.SGM 25MYP1 24090 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules charter vessels held a multispecies forhire fishing permit in 2015 (the most recent full year of available data). Of the 645 for-hire permitted vessels, however, only 208 actively participated in the forhire Atlantic cod and haddock fishery in fishing year 2015 (i.e., reported catch of cod or haddock). Using vessel ownership information developed from Northeast Federal permit data and Northeast vessel trip report data, it was determined that the 208 actively participating for-hire vessels are owned by 191 unique fishing business entities. The vast majority of the 208 fishing businesses were solely engaged in for-hire fishing, but some also earned revenue from shellfish and/ or finfish fishing. The highest percentage of annual gross revenues though for all but 18 of the fishing businesses was from for-hire fishing. In other words, the revenue from for-hire fishing was greater than the revenue from shellfishing and the revenue from finfish fishing for all but 18 of the business entities. According to the SBA size standards, small for-hire businesses are defined as firms with annual receipts of up to $7.5 million, and small commercial finfishing or shellfishing business as firms with annual receipts (gross revenue) of up to $11.0 million. Average annual gross revenue estimates calculated from the most recent three years (2013–2015) indicate that none of the 191 for-hire business entities had annual receipts of more than $5.2 million from all of their fishing activities (for-hire, shellfish, and finfish). Therefore, all of the affected for-hire business entities are considered ‘‘small’’ by the SBA size standards and thus this action will not disproportionately affect small versus large for-hire business entities. Description of the Projected Reporting, Record-Keeping, and Other Compliance Requirements of This Proposed Rule There are no proposed reporting, recordkeeping, or other compliance requirements. Federal Rules Which May Duplicate, Overlap, or Conflict With This Proposed Rule The proposed action is authorized by the regulations implementing the NE Multispecies FMP. It does not duplicate, overlap, or conflict with other Federal rules. Description of Significant Alternatives to the Proposed Action Which Accomplish the Stated Objectives of Applicable Statutes and Which Minimize Any Significant Economic Impact on Small Entities the Recreational Advisory Panel, the Groundfish Oversight Committee, and the Council. This included the status quo and an option (presented to the Panel, Committee, and Council as Option 1) that prohibited cod possession while retaining the current haddock measures that would not have restrained catch to the quotas, and thus, would not have accomplished the objective. The proposed options that would accomplish the objectives were the Council recommended option (presented to the Panel, Committee, and Council as Option 2) and the additional NMFS option (presented to the Panel, Committee, and Council as Option 3), which are discussed in detail in the preamble. The remaining three options (Options 4, 5, and 6 in Table 4) that would accomplish the objective were discussed by all three groups. These remaining options were rejected either because implementation was viewed as confusing to the public (e.g., implementing a May closure shortly after the start of the fishing year on May 1) or in deference to having a larger public process to consider the concept (i.e., separate measures for the private anglers and the for-hire fleet). A total of seven combinations of recreational measures were presented to TABLE 4—PROJECTED FISHING YEAR 2017 RECREATIONAL COD AND HADDOCK CATCH UNDER ALTERNATIVE MEASURES NOT PROPOSED Haddock 2017 measures Haddock possession limit Cod Minimum fish size Option 4 ...................... 15 17 Option 5 ...................... 10 17 Option 6 Private ......... 12 17 Option 6 For Hire ....... 10 Closed season 3/1–4/14 2 weeks in May. 3/1–4/14 2 weeks in May. 3/1–4/14 ............. 9/17–10/31 ......... 3/1–4/14 ............. 17 List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Recordkeeping and reporting requirements. Dated: May 19, 2017 Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. 18:01 May 24, 2017 Jkt 241001 Minimum fish size Closed season Probability haddock catch below sub-ACL (percent) Predicted cod catch (mt) Probability cod catch below sub-ACL (percent) N/A N/A 5/1–4/30 1,118 73 153 61 N/A N/A 5/1–4/30 1,149 68 157 51 N/A N/A 5/1–4/30 1,159 51 153 55 N/A N/A 5/1–4/30 PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES The revisions and additions read as follows: 1. The authority citation for part 648 continues to read as follows: § 648.89 Recreational and charter/party vessel restrictions. ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 648.89: a. Revise paragraphs (b)(2) and (c)(1); ■ b. Remove paragraph (c)(2); ■ c. Redesignate paragraphs (c)(3) through (c)(8) as paragraphs (c)(2) through (c)(7), respectively; ■ d. Revise newly redesignated paragraph (c)(7); and ■ e. Revise paragraphs (e) and (f). ■ ■ For the reasons set out in the preamble, 50 CFR part 648 is proposed to be amended as follows: VerDate Sep<11>2014 Cod possession limit Predicted haddock catch (mt) PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 * * * * * (b) * * * (2) Exceptions—(i) Fillet size. 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. (ii) Transiting. Vessels in possession of cod or haddock caught outside the GOM Regulated Mesh Area specified in E:\FR\FM\25MYP1.SGM 25MYP1 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules § 648.80(a)(1) may transit this area with cod and haddock that meet the minimum size specified for fish caught outside the GOM Regulated Mesh Area specified in § 648.80(b)(1), provided all bait and hooks are removed from fishing rods, and any cod and haddock on board has been gutted and stored. * * * * * (c) Possession Restrictions—(1) Cod— (i) Outside the Gulf of Maine—(A) Private recreational vessels. Each person on a private recreational vessel may possess no more than 10 cod per day in, or harvested from, the EEZ when fishing outside of the GOM Regulated Mesh Area specified in § 648.80(a)(1). (B) Charter or party boats. Each person on a charter or party fishing boat permitted under this part, and not fishing under the NE multispecies DAS program or on a sector trip, may possess unlimited cod in, or harvested from, the EEZ when fishing outside of the GOM Regulated Mesh Area specified in § 648.80(a)(1). (ii) Gulf of Maine—(A) Private recreational vessels. When fishing in the GOM Regulated Mesh Area specified in § 648.80(a)(1), persons aboard private recreational fishing vessels may not fish for or possess cod, except that each person on a private recreational vessel in possession of cod caught outside the GOM Regulated Mesh Area may transit this area with cod up to the possession limit specified at § 648.80(c)(1)(i)(A), provided all bait and hooks are removed from fishing rods and any cod on board has been gutted and stored. (B) Charter or party boats. When fishing in the GOM Regulated Mesh Area specified in § 648.80(a)(1), persons aboard a charter or party fishing boat may not fish for or possess cod, except that each person on a charter or party fishing boat permitted under this part, and not fishing under the NE multispecies DAS program or on a sector trip, in possession of cod caught outside the GOM Regulated Mesh Area specified in § 648.80(a)(1) may transit this area in possession of cod caught outside the GOM Regulated Mesh Area with cod up to the possession limit specified at § 648.80(c)(1)(i)(B), 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 recreational fishing vessels in or from the EEZ with VerDate Sep<11>2014 18:01 May 24, 2017 Jkt 241001 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) Cod must be stored so as to be readily available for inspection. * * * * * (7) Haddock—(i) Outside the Gulf of Maine—(A) Private recreational vessels. Each person on a private recreational vessel may possess unlimited haddock in, or harvested from, the EEZ when fishing outside of the GOM Regulated Mesh Area specified in § 648.80(a)(1). (B) Charter or party boats. Each person on a charter or party fishing boat permitted under this part, and not fishing under the NE multispecies DAS program or on a sector trip, may possess unlimited haddock in, or harvested from, the EEZ when fishing outside of the GOM Regulated Mesh Area specified in § 648.80(a)(1). (ii) Gulf of Maine—(A) Private recreational vessels. Each person on a private recreational vessel in possession of haddock caught outside the GOM Regulated Mesh Area specified in § 648.80(a)(1) may transit this area with more than the GOM haddock possession limit specified at paragraph (c)(8)(ii) of this section up to the possession limit specified at paragraph (c)(8)(i) of this section, provided all bait and hooks are removed from fishing rods and any haddock on board has been gutted and stored. (1) May 1 through September 17. Each person on a private recreational fishing vessel, fishing from May 1 through September 17, may possess no more than 12 haddock per day in, or harvested from, the EEZ when fishing in the GOM Regulated Mesh Area specified in § 648.80(a)(1). (2) September 18 through October 31. When fishing in the GOM Regulated Mesh Area specified in § 648.80(a)(1), persons aboard private recreational fishing vessels may not fish for or possess any haddock from September 18 through October 31. (3) November through February. Each person on a private recreational fishing vessel, fishing from November 1 through February 28 (February 29 in leap years), may possess no more than 12 haddock per day in, or harvested from, the EEZ when fishing in the GOM Regulated Mesh Area specified in § 648.80(a)(1). (4) March 1 through April 14. When fishing in the GOM Regulated Mesh PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 24091 Area specified in § 648.80(a)(1), persons aboard private recreational fishing vessels may not fish for or possess any haddock from March 1 through April 14. (5) April 15 through April 30. Each person on a private recreational fishing vessel, fishing from April 15 through April 30, may possess no more than 12 haddock per day in, or harvested from, the EEZ when fishing in the GOM Regulated Mesh Area specified in § 648.80(a)(1). (B) Charter or party boats. Each person on a charter or party fishing boat permitted under this part, and not fishing under the NE multispecies DAS program or on a sector trip, in possession of haddock caught outside the GOM Regulated Mesh Area specified in § 648.80(a)(1) may transit this area with more than the GOM haddock possession limit specified at paragraph (c)(8)(ii) of this section up to the possession limit specified at paragraph (c)(8)(i) of this section, provided all bait and hooks are removed from fishing rods and any haddock on board has been gutted and stored. (1) May 1 through September 17. Each person on a charter or party fishing boat permitted under this part, and not fishing under the NE multispecies DAS program or on a sector trip, fishing from May 1 through September 17, may possess no more than 12 haddock per day in, or harvested from, the EEZ when fishing in the GOM Regulated Mesh Area specified in § 648.80(a)(1). (2) September 18 through October 31. When fishing in the GOM Regulated Mesh Area specified in § 648.80(a)(1), persons on a charter or party fishing boat permitted under this part, and not fishing under the NE multispecies DAS program or on a sector trip, may not fish for or possess any haddock from September 18 through October 31. (3) November through February. Each person on a charter or party fishing boat permitted under this part, and not fishing under the NE multispecies DAS program or on a sector trip, fishing from November 1 through February 28 (February 29 in leap years), may possess no more than 12 haddock per day in, or harvested from, the EEZ when fishing in the GOM Regulated Mesh Area specified in § 648.80(a)(1). (4) March 1 through April 14. When fishing in the GOM Regulated Mesh Area specified in § 648.80(a)(1), persons aboard a charter or party fishing boat permitted under this part, and not fishing under the NE multispecies DAS program or on a sector trip, may not fish for or possess any haddock from March 1 through April 14. E:\FR\FM\25MYP1.SGM 25MYP1 24092 Federal Register / Vol. 82, No. 100 / Thursday, May 25, 2017 / Proposed Rules (5) April 15 through April 30. Each person on a charter or party fishing boat permitted under this part, and not fishing under the NE multispecies DAS program or on a sector trip, fishing from April 15 through April 30, may possess no more than 12 haddock per day in, or harvested from, the EEZ when fishing in 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 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. * * * * * (e) Charter/party vessel restrictions on fishing in GOM closed areas and the Nantucket Lightship Closed Area—(1) GOM Closed Areas. (i) A vessel fishing under charter/party regulations may not fish in the GOM closed areas specified in § 648.81(d)(1), (e)(1), and (f)(4) during the time periods specified in those paragraphs, unless the vessel has on board a valid letter of authorization issued by the Regional Administrator pursuant to § 648.81(f)(5)(v) and paragraph (e)(3) of this section. If the vessel fishes or intends to fish in the GOM cod protection closures, the conditions and restrictions of the letter of authorization must be complied with for a minimum of 3 months. If the vessel fishes or intends to fish in the yearround GOM closure areas, the conditions and restrictions of the letter of authorization must be complied with for the rest of the fishing year, beginning with the start of the participation period of the letter of authorization. (ii) A vessel fishing under charter/ party regulations may not fish in the GOM Cod Spawning Protection Area specified at § 648.81(n)(1) during the time period specified in that paragraph, unless the vessel complies with the requirements specified at § 648.81(n)(2)(iii). (2) Nantucket Lightship Closed Area. A vessel fishing under charter/party VerDate Sep<11>2014 18:01 May 24, 2017 Jkt 241001 regulations may not fish in the Nantucket Lightship Closed Area specified in § 648.81(c)(1) unless the vessel has on board a letter of authorization issued by the Regional Administrator pursuant to § 648.81(c)(2)(iii) and paragraph (e)(3) of this section. (3) Letters of authorization. To obtain either of the letters of authorization specified in paragraphs (e)(1) and (2) of this section, a vessel owner must request a letter from the NMFS Greater Atlantic Regional Fisheries Office, either in writing or by phone (see Table 1 to 50 CFR 600.502). As a condition of these letters of authorization, the vessel owner must agree to the following: (i) The letter of authorization must be carried on board the vessel during the period of participation; (ii) Fish species managed by the NEFMC or MAFMC that are harvested or possessed by the vessel, are not sold or intended for trade, barter or sale, regardless of where the fish are caught; (iii) The vessel has no gear other than rod and reel or handline gear on board; and (iv) For the GOM charter/party closed area exemption only, the vessel may not fish on a sector trip, under a NE multispecies DAS, or under the provisions of the NE multispecies Small Vessel Category or Handgear A or Handgear B permit categories, as specified at § 648.82, during the period of participation. (f) Recreational fishery AM—(1) Catch evaluation. As soon as recreational catch data are available for the entire previous fishing year, the Regional Administrator will evaluate whether recreational catches exceed any of the sub-ACLs specified for the recreational fishery pursuant to § 648.90(a)(4). When evaluating recreational catch, the components of recreational catch that are used shall be the same as those used in the most recent assessment for that particular stock. To determine if any sub-ACL specified for the recreational fishery was exceeded, the Regional Administrator shall compare the 3-year average of recreational catch to the 3year average of the recreational sub-ACL for each stock. (2) Reactive AM adjustment. If it is determined that any recreational subACL was exceeded, as specified in paragraph (f)(1) of this section, the Regional Administrator, after consultation with the NEFMC, shall develop measures necessary to prevent the recreational fishery from exceeding the appropriate sub-ACL in future years. Appropriate AMs for the recreational fishery, including adjustments to fishing season, minimum fish size, or PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 possession limits, may be implemented in a manner consistent with the Administrative Procedure Act, with final measures published in the Federal Register no later than January when possible. Separate AMs shall be developed for the private and charter/ party components of the recreational fishery. (3) Proactive AM adjustment. When necessary, the Regional Administrator, after consultation with the New England Fishery Management Council, may adjust recreational measures to ensure the recreational fishery achieves, but does not exceed any recreational fishery sub-ACL in a future fishing year. Appropriate AMs for the recreational fishery, including adjustments to fishing season, minimum fish size, or possession limits, may be implemented in a manner consistent with the Administrative Procedure Act, with final measures published in the Federal Register prior to the start of the fishing year where possible. In specifying these AMs, the Regional Administrator shall take into account the non-binding prioritization of possible measures recommended by the Council: For cod, first increases to minimum fish sizes, then adjustments to seasons, followed by changes to bag limits; and for haddock, first increases to minimum size limits, then changes to bag limits, and then adjustments to seasons. [FR Doc. 2017–10703 Filed 5–24–17; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 170330338–7470–01] RIN 0648–XF335 Pacific Island Fisheries; 2017–18 Annual Catch Limit and Accountability Measures; Main Hawaiian Islands Deep 7 Bottomfish National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed specifications; request for comments. AGENCY: NMFS proposes to specify an annual catch limit (ACL) of 306,000 lb for Deep 7 bottomfish in the main Hawaiian Islands (MHI) for the 2017–18 fishing year, which will begin on September 1, 2017, and end on August 31, 2018. If NMFS projects that the SUMMARY: E:\FR\FM\25MYP1.SGM 25MYP1

Agencies

[Federal Register Volume 82, Number 100 (Thursday, May 25, 2017)]
[Proposed Rules]
[Pages 24086-24092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-10703]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 161220999-7467-01]
RIN 0648-BG52

Magnuson-Stevens Fishery Conservation and Management Act
Provisions; Fisheries of the Northeastern United States; Northeast
Groundfish Fishery; Fishing Year 2017; Recreational Management Measures

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

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to modify recreational management measures for
Gulf of Maine cod and haddock for the 2017 fishing year. This action
proposes to prohibit recreational possession of cod, reduce the haddock
bag limit, and implement a new closed season for haddock in the fall.
The intended effect of this action is to reduce catch of cod and
haddock. This action is necessary to ensure fishing year 2017
recreational catch limits are not exceeded.

DATES: Comments must be received by June 9, 2017.

ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2017-0048, 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-2017-0048
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 2017 Groundfish 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 the analyses supporting this rulemaking, including the
Framework Adjustment 55 environmental assessment (EA) prepared by the
New England Fishery Management Council, a supplemental EA to Framework
Adjustment 55 prepared by the Greater Atlantic Regional Fisheries
Office and Northeast Fisheries Science Center, and the supplemental
information report (SIR) are available from: John K. Bullard, Regional
Administrator, National Marine Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. The Framework Adjustment 55 EA,
supplemental EA, and SIR 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 2017 Recreational Management Measures
2. Regulatory Corrections Under Regional Administrator Authority

1. Proposed Recreational Management Measures for Fishing Year 2017

Background

The recreational fishery for Gulf of Maine (GOM) cod and haddock is
managed under the Northeast Multispecies Fishery Management Plan (FMP).
Under the FMP, specific sub-annual catch limits (sub-ACL) for the
recreational fishery are established for each fishing year for GOM cod
and haddock. These sub-ACLs are a portion of the overall catch limit
for each stock. The multispecies fishery opens on May 1 each year and
runs through April 30 of the following calendar year. The FMP also
contains recreational accountability

[[Page 24087]]

measures to prevent the recreational sub-ACLs from being exceeded, or
to correct the cause if an overage of one occurs.
The proactive accountability measure provision in the FMP indicates
that the Regional Administrator shall, in consultation with the New
England Fishery Management Council, develop recreational management
measures for the upcoming fishing year necessary to ensure that the
sub-ACL is achieved, but not exceeded. The provisions authorizing this
action can be found in Sec. 648.89(f)(3) of the FMP's implementing
regulations. This action also proposes additional measures necessary to
facilitate enforcement of recreational management measures. These
measures and corrections to other regulations also in this action are
proposed under the authority of Sec. 305(d) of the Magnuson-Stevens
Fishery Conservation and Management Act (Magnuson-Stevens Act), which
states that the Secretary of Commerce may promulgate regulations
necessary to ensure that FMPs are implemented in accordance with 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 that collects data from recreational
anglers and captains. In 2016, the recreational sub-ACL for GOM cod
increased 30 percent, and the recreational sub-ACL for GOM haddock
increased 149 percent. Accordingly, the recreational measures set for
2016 were more liberal than the 2015 measures to increase recreational
fishing opportunities and catch. However, in 2016, cod catch increased
more than predicted and the recreational sub-ACL was exceeded by 92
percent. Haddock catch slightly exceeded the sub-ACL (by 15 percent).
For 2017, the recreational sub-ACL for GOM haddock increases 25
percent, from 928 mt to 1,160 mt, and the recreational sub-ACL for GOM
cod remains unchanged at 157 mt. As specified in Table 1, compared to
the 2016 catch, the 2017 sub-ACLs would allow for a 9-percent increase
in haddock catch, but would require a 48-percent reduction in cod
catch.

Table 1--Fishing Year 2016 Catch Compared to Fishing Year 2016 and 2017 Sub-ACLs
----------------------------------------------------------------------------------------------------------------
Change in 2016
2016 Catch 2016 Sub-ACL Catch of 2016 2017 Sub-ACL catch to reach
GOM stock (mt) (mt) sub-ACL (mt) 2017 sub-ACL
(percent) (percent)
----------------------------------------------------------------------------------------------------------------
Cod............................. 302 157 192 157 -48
Haddock......................... 1,066 928 115 1,160 +9
----------------------------------------------------------------------------------------------------------------

Analysis of Measures for Fishing Year 2017

A peer-reviewed bioeconomic model, developed by the Northeast
Fisheries Science Center, was used to estimate 2017 recreational GOM
cod and haddock mortality under various combinations of minimum sizes,
possession limits, and closed seasons. Even when incorporating zero
possession of GOM cod, the model estimates that the status quo measures
for GOM haddock are not expected to constrain the catch of haddock, or
the bycatch of cod, to the 2017 catch limits. The model estimates that
the status quo haddock measures would result in cod catch of 292 mt and
haddock catch of 1,299 mt (see Table 3), which would be 186 percent of
the cod sub-ACL and 112 percent of the haddock sub-ACL.

Proposed Measures

Because the recreational measures currently in place for GOM cod
and haddock are not expected to constrain fishing year 2017 catch to
the sub-ACLs, the proactive accountability measure requires adjustment
of the management measures. The proposed measures are slightly more
restrictive than the current measures. Recreational possession of GOM
cod would be prohibited. The minimum size for GOM haddock would be
unchanged, but the bag limit would be reduced from 15 fish to 12 fish,
and a fall closed season would be added to the existing spring closure.
We are soliciting comment on two different fall closures, as described
in more detail below. The proposed fishing year 2017 recreational
measures for GOM cod and haddock are specified in Table 2, along with
information on fishing year 2016 measures for comparison.

Table 2--Proposed GOM Cod and Haddock Recreational Management Measures for Fishing Year 2017 and Status Quo (Fishing Year 2016) Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haddock Cod
------------------------------------------------------------------------------------------------------------------
2017 Measures Haddock possession Minimum fish Cod possession limit Minimum fish
limit (per angler) size (inches) Closed season (per angler) size (inches) Closed season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Council Recommended.................. 12 fish................. 17 3/1-4/14 N/A.................... N/A 5/1-4/30
9/17-10/31
Additional NMFS Option............... 12 fish................. 17 3/1-4/14 N/A.................... N/A 5/1-4/30
9/1-9/30
Status Quo........................... 15 fish................. 17 3/1-4/14 1 fish................. 24 5/1-7/31
10/1-4/30
--------------------------------------------------------------------------------------------------------------------------------------------------------

Council Recommendations

We consulted with the Council, and its Recreational Advisory Panel
(RAP), in January 2017. The RAP met on January 18, 2017, to review
catch projections under various scenarios of changed measures for
fishing year 2017. The RAP discussed a number of alternatives, and
specifically decided against any options that would include closures in
May or that would set different measures for private anglers

[[Page 24088]]

and for-hire vessels. Ultimately, the RAP recommended the option that
prohibited cod possession, and for haddock maintained the 17-inch
minimum size, reduced the bag limit from 15 to 12 fish, and added a
fall closure from September 17 through October 31 to the existing
spring closure. On January 25, 2017, the Council discussed recreational
measures for 2017. The Council declined the Groundfish Oversight
Committee's suggestion to implement separate measures for the private
and for-hire modes at this time in deference to having a larger public
process to consider the concept. Ultimately, the Council recommended we
implement the RAP's recommended option (see Table 2).
The proposed measures are projected to result in fishing year 2017
recreational GOM cod and haddock catches that do not exceed the sub-
ACLs (see Table 3), as explained further below. The analyses supporting
this action are available as outlined in the ADDRESSES section of this
rule's preamble.

Table 3--Projected Fishing Year 2017 Recreational Cod and Haddock Catch Under Proposed Measures and Status Quo
--------------------------------------------------------------------------------------------------------------------------------------------------------
Probability Probability
Haddock Possession Minimum Fish Predicted Haddock Catch Predicted Cod Cod Catch
2017 Measures Limit (per angler) Size (inches) Closed Season Haddock Catch Below sub-ACL Catch (mt) Below sub-ACL
(mt) (percent) (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Council Recommended............... 12 fish............. 17 3/1-4/14 1,160 50 147 78
9/17-10/31
Additional NMFS Option............ 12 fish............. 17 3/1-4/14 1,137 70 149 78
9/1-9/30
Status Quo........................ 15 fish............. 17 3/1-4/14 1,299 0 292 0
--------------------------------------------------------------------------------------------------------------------------------------------------------

The bioeconomic model's predicted probabilities that catch will
remain at or below the sub-ACLs are informative. However, we are using
preliminary MRIP data that will change when vessel trip report data
from the for-hire fleet is incorporated (after June 15). MRIP estimates
are highly variable from year to year. This combination of factors
makes it difficult for the model to produce consistent predictions and
to assess the underlying reasons for the discrepancies between
predicted and actual catch. Historically, while the model's predictive
power increases each year, the model underestimates recreational catch.
Recent measures have generally resulted in catch close to the sub-ACLs;
however, a number of overages have still occurred.

NMFS Additional Option

The Magnuson-Stevens Act requires accountability measures to ensure
compliance with ACLs. In 2014, the U.S. District Court for the District
of Columbia in Guindon v. Pritzker, 2014 WL 1274076 (D.D.C. Mar. 26,
2014) ruled against the agency's recreational fishery measures in the
Gulf of Mexico red snapper fishery because the measures did not include
a sufficient buffer, or additional accountability measures, to account
for the management uncertainty represented by repeated ACL overages in
past years. In light of the bioeconomic model's prediction that the
Council's recommended measures have only a 50-percent probability of
preventing haddock catch from exceeding the sub-ACL, the model's
history of underestimating catch, and multiple overages over the past
five years it may be prudent to implement more conservative measures.
Therefore, in addition to the Council's recommended haddock measures,
we are requesting comment on a set of measures with the same minimum
size and bag limit, but a different fall closure (Additional NMFS
Option in Table 2). As shown in Table 3, the model predicts shifting
from a 6-week fall closure (9/17-10/31), as recommended by the Council,
to a 4-week September closure (9/1-9/30), would slightly reduce haddock
catch and increase the probability that haddock catch would not exceed
the sub-ACL. The key difference is that closing the entirety of
September eliminates high catches associated with Labor Day weekend.
Thus, a shorter fall closure could be a more conservative approach;
however, this closure would be at the expense of a holiday weekend that
is popular with private anglers and economically important to a portion
of the for-hire fleet.
We are particularly interested in comments on the effects of the
different fall closures of the Council's recommended option and NMFS
additional option.

2. Regulatory Corrections and Other Measures Under Regional
Administrator Authority

In Sec. 648.89(b), we have added an exception to the minimum fish
sizes for GOM cod and haddock to allow vessels to transit the GOM
Regulated Mesh Area while in possession of cod and haddock caught
outside the area, provided those fish meet the minimum sizes specified
for fish caught outside the area. Amendment 16 to the FMP included
seasonal closures of the GOM recreational fishery for cod and haddock,
and also implemented a possession limit exemption to allow vessels to
transit the GOM when it was closed while in possession of fish legally
caught outside the area. At that time, there was a single minimum size
for cod, and a single minimum size for haddock, regardless of where the
fish were caught and the transiting provision included in Amendment 16
did not address minimum fish size restrictions.
Subsequently, we have changed the minimum sizes for GOM cod and
haddock as part of the proactive accountability measures. We adjust the
recreational measures for only GOM cod and haddock because these are
the only stocks allocated a recreational sub-ACL. This has created a
complicated system in which vessels may transit the GOM Regulated Mesh
Area with fish legally caught outside the area in excess of the GOM
possession limits, but those vessels must comply with the most
restrictive minimum size of the two areas, rather than the minimum size
applicable to where the fish were caught. The intent of this change is
to simplify the existing transiting exemption by allowing any cod and
haddock legally caught outside the GOM to be possessed by vessels
transiting the GOM to ensure consistent implementation of the existing
transiting provision.
In Sec. 648.89(e), we have revised the text specifying the
requirements for the letters of authorization allowing charter and
party boats to fish in the GOM closed areas and the Nantucket

[[Page 24089]]

Lightship Closed Area to improve readability. In paragraph (e)(3), we
have also corrected the name of the NMFS office issuing letters of
authorization from the ``Northeast Regional Office'' to the ``Greater
Atlantic Regional Fisheries Office.''
In Sec. 648.89(f)(2)(ii), we removed text prohibiting the Regional
Administrator from adjusting the possession limit for GOM cod while
recreational possession of GOM cod was prohibited by the Northeast
Multispecies FMP. In 2016, Framework Adjustment 55 removed this
prohibition, but the final rule implementing Framework Adjustment 55
inadvertently failed to remove this text. This change in intended to
correct the regulations to accurately reflect the Council's intent in
Framework Adjustment 55.

Classification

Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the
NMFS Assistant Administrator has made a preliminary 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.
This proposed rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This proposed rule does not contain policies with Federalism or
``takings'' implications as those terms are defined in E.O. 13132 and
E.O. 12630, respectively.
An initial regulatory flexibility analysis (IRFA) was prepared, as
required by section 603 of the Regulatory Flexibility Act (RFA). The
IRFA describes the economic impact this proposed rule, if adopted,
would have on small entities, and also determines ways to minimize
these impacts. The IRFA includes sections of the preamble
(SUPPLEMENTARY INFORMATION) and analyses supporting this rulemaking,
including the Framework Adjustment 55 EA, the supplemental EA to
Framework Adjustment 55, and the supplemental information report. A
summary of the analysis follows (see ADDRESSES).

Description of the Reasons Why Action by the Agency Is Being Considered

Because the recreational measures currently in place for GOM cod
and haddock are not expected to constrain fishing year 2017 catch to
the sub-ACLs, this action proposes new measures, as required by the
FMP, to ensure that the sub-ACL is achieved, but not exceeded.

Statement of the Objectives of, and Legal Basis for, This Proposed Rule

The accountability measures outlined in the FMP indicate that the
Regional Administrator may, in consultation with the Council, modify
the recreational management measures for the upcoming fishing year to
ensure that the sub-ACL is achieved, but not exceeded. The provisions
authorizing this action can be found in Sec. 648.89(f)(3) of the FMP's
implementing regulations. The intended effect of this action is to
reduce catch of cod and haddock. This action is necessary to ensure
fishing year 2017 recreational catch limits are not exceeded.
Additional measures necessary to facilitate enforcement of these
accountability measures, consistent with the FMP, are authorized by
section 305(d) of the Magnuson-Stevens Act. In Sec. 648.89(b), we have
added an exception to the minimum fish sizes for GOM cod and haddock to
allow vessels to transit the GOM Regulated Mesh Area while in
possession of cod and haddock caught outside the area, provided those
fish meet the minimum sizes specified for fish caught outside the area.
In Sec. 648.89(e), we have revised the text specifying the
requirements for the letters of authorization allowing charter and
party boats to fish in the GOM closed areas and the Nantucket Lightship
Closed Area to improve readability.
In Sec. 648.89(f)(2)(ii), we removed text prohibiting the Regional
Administrator from adjusting the possession limit for GOM cod while
recreational possession of GOM cod was prohibited by the Northeast
Multispecies FMP to accurately reflect the Council's intent in
Framework Adjustment 55.

Description and Estimate of the Number of Small Entities to Which This
Proposed Rule Would Apply

The Small Business Administration (SBA) defines a small commercial
finfishing or shellfishing business as a firm with annual receipts
(gross revenue) of up to $11.0 million. A small for-hire recreational
fishing business is defined as a firm with receipts of up to $7.5
million. Having different size standards for different types of fishing
activities creates difficulties in categorizing businesses that
participate in multiple fishing related activities. For purposes of
this assessment business entities have been classified into the SBA-
defined categories based on which activity produced the highest
percentage of average annual gross revenues from 2013-2015, the most
recent three-year period for which data are available. This
classification is now possible because vessel ownership data have been
added to Northeast permit database. The ownership data identify all
individuals who own fishing vessels. Using this information, vessels
can be grouped together according to common owners. The resulting
groupings were treated as a fishing business for purposes of this
analysis. Revenues summed across all vessels in a group and the
activities that generate those revenues form the basis for determining
whether the entity is a large or small business.
The proposed regulations include closed seasons in addition to
possession limits and size limits. For purposes of this analysis, it is
assumed that for-hire businesses are directly affected by all three
types of recreational fishing restrictions. According to the FMP, it is
unlawful for the owner or operator of a charter or party boat issued a
valid multispecies permit, when the boat is carrying passengers for
hire, to:
Possess cod or haddock in excess of the possession limits.
Fish with gear in violation of the regulations.
Fail to comply with the applicable restrictions if
transiting the GOM Regulated Mesh Area with cod or haddock on board
that was caught outside the GOM Regulated Mesh Area.
As the for-hire owner and operator can be prosecuted under the law
for violations of the proposed regulations, for-hire business entities
are considered directly affected in this analysis. Anglers are not
considered ``entities'' under the RFA and thus economic impacts on
anglers are not discussed here.
For-hire fishing businesses are required to obtain a Federal
charter/party multispecies fishing permit in order to carry passengers
to catch GOM cod or haddock. Thus, the affected businesses entities of
concern are businesses that hold Federal multispecies for-hire fishing
permits. While all business entities that hold for-hire permits could
be affected by changes in recreational fishing restrictions, not all
business that hold for-hire permits actively participate in a given
year. Those who actively participate, i.e., land fish, would be the
group of business entities that are impacted by the regulations. Latent
fishing power (in the form of unfished permits) has the potential to
alter the impacts on a fishery, but it's not possible to predict how
many of these latent business entities will or will not participate in
this fishery in fishing year 2017. The Northeast Federal landings
database (i.e., vessel trip report data) indicates that a total of 645
party/

[[Page 24090]]

charter vessels held a multispecies for-hire fishing permit in 2015
(the most recent full year of available data). Of the 645 for-hire
permitted vessels, however, only 208 actively participated in the for-
hire Atlantic cod and haddock fishery in fishing year 2015 (i.e.,
reported catch of cod or haddock).
Using vessel ownership information developed from Northeast Federal
permit data and Northeast vessel trip report data, it was determined
that the 208 actively participating for-hire vessels are owned by 191
unique fishing business entities. The vast majority of the 208 fishing
businesses were solely engaged in for-hire fishing, but some also
earned revenue from shellfish and/or finfish fishing. The highest
percentage of annual gross revenues though for all but 18 of the
fishing businesses was from for-hire fishing. In other words, the
revenue from for-hire fishing was greater than the revenue from
shellfishing and the revenue from finfish fishing for all but 18 of the
business entities.
According to the SBA size standards, small for-hire businesses are
defined as firms with annual receipts of up to $7.5 million, and small
commercial finfishing or shellfishing business as firms with annual
receipts (gross revenue) of up to $11.0 million. Average annual gross
revenue estimates calculated from the most recent three years (2013-
2015) indicate that none of the 191 for-hire business entities had
annual receipts of more than $5.2 million from all of their fishing
activities (for-hire, shellfish, and finfish). Therefore, all of the
affected for-hire business entities are considered ``small'' by the SBA
size standards and thus this action will not disproportionately affect
small versus large for-hire business entities.

Description of the Projected Reporting, Record-Keeping, and Other
Compliance Requirements of This Proposed Rule

There are no proposed reporting, recordkeeping, or other compliance
requirements.

Federal Rules Which May Duplicate, Overlap, or Conflict With This
Proposed Rule

The proposed action is authorized by the regulations implementing
the NE Multispecies FMP. It does not duplicate, overlap, or conflict
with other Federal rules.

Description of Significant Alternatives to the Proposed Action Which
Accomplish the Stated Objectives of Applicable Statutes and Which
Minimize Any Significant Economic Impact on Small Entities

A total of seven combinations of recreational measures were
presented to the Recreational Advisory Panel, the Groundfish Oversight
Committee, and the Council. This included the status quo and an option
(presented to the Panel, Committee, and Council as Option 1) that
prohibited cod possession while retaining the current haddock measures
that would not have restrained catch to the quotas, and thus, would not
have accomplished the objective. The proposed options that would
accomplish the objectives were the Council recommended option
(presented to the Panel, Committee, and Council as Option 2) and the
additional NMFS option (presented to the Panel, Committee, and Council
as Option 3), which are discussed in detail in the preamble. The
remaining three options (Options 4, 5, and 6 in Table 4) that would
accomplish the objective were discussed by all three groups. These
remaining options were rejected either because implementation was
viewed as confusing to the public (e.g., implementing a May closure
shortly after the start of the fishing year on May 1) or in deference
to having a larger public process to consider the concept (i.e.,
separate measures for the private anglers and the for-hire fleet).

Table 4--Projected Fishing Year 2017 Recreational Cod and Haddock Catch Under Alternative Measures Not Proposed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haddock Cod Probability Probability
----------------------------------------------------------------------------- Predicted haddock Predicted cod catch
2017 measures Haddock Cod haddock catch below cod catch below sub-
possession Minimum Closed season possession Minimum Closed catch (mt) sub-ACL (mt) ACL
limit fish size limit fish size season (percent) (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Option 4................. 15 17 3/1-4/14 2 N/A N/A 5/1-4/30 1,118 73 153 61
weeks in May.
Option 5................. 10 17 3/1-4/14 2 N/A N/A 5/1-4/30 1,149 68 157 51
weeks in May.
Option 6 Private......... 12 17 3/1-4/14....... N/A N/A 5/1-4/30 1,159 51 153 55
9/17-10/31.....
Option 6 For Hire........ 10 17 3/1-4/14....... N/A N/A 5/1-4/30
--------------------------------------------------------------------------------------------------------------------------------------------------------

List of Subjects in 50 CFR Part 648

Fisheries, Fishing, Recordkeeping and reporting requirements.

Dated: May 19, 2017
Alan D. Risenhoover,
Acting 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:
0
a. Revise paragraphs (b)(2) and (c)(1);
0
b. Remove paragraph (c)(2);
0
c. Redesignate paragraphs (c)(3) through (c)(8) as paragraphs (c)(2)
through (c)(7), respectively;
0
d. Revise newly redesignated paragraph (c)(7); and
0
e. Revise paragraphs (e) and (f).
The revisions and additions read as follows:

Sec. 648.89 Recreational and charter/party vessel restrictions.

* * * * *
(b) * * *
(2) Exceptions--(i) Fillet size. 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.
(ii) Transiting. Vessels in possession of cod or haddock caught
outside the GOM Regulated Mesh Area specified in

[[Page 24091]]

Sec. 648.80(a)(1) may transit this area with cod and haddock that meet
the minimum size specified for fish caught outside the GOM Regulated
Mesh Area specified in Sec. 648.80(b)(1), provided all bait and hooks
are removed from fishing rods, and any cod and haddock on board has
been gutted and stored.
* * * * *
(c) Possession Restrictions--(1) Cod-- (i) Outside the Gulf of
Maine--(A) Private recreational vessels. Each person on a private
recreational vessel may possess no more than 10 cod per day in, or
harvested from, the EEZ when fishing outside of the GOM Regulated Mesh
Area specified in Sec. 648.80(a)(1).
(B) Charter or party boats. Each person on a charter or party
fishing boat permitted under this part, and not fishing under the NE
multispecies DAS program or on a sector trip, may possess unlimited cod
in, or harvested from, the EEZ when fishing outside of the GOM
Regulated Mesh Area specified in Sec. 648.80(a)(1).
(ii) Gulf of Maine--(A) Private recreational vessels. When fishing
in the GOM Regulated Mesh Area specified in Sec. 648.80(a)(1), persons
aboard private recreational fishing vessels may not fish for or possess
cod, except that each person on a private recreational vessel in
possession of cod caught outside the GOM Regulated Mesh Area may
transit this area with cod up to the possession limit specified at
Sec. 648.80(c)(1)(i)(A), provided all bait and hooks are removed from
fishing rods and any cod on board has been gutted and stored.
(B) Charter or party boats. When fishing in the GOM Regulated Mesh
Area specified in Sec. 648.80(a)(1), persons aboard a charter or party
fishing boat may not fish for or possess cod, except that each person
on a charter or party fishing boat permitted under this part, and not
fishing under the NE multispecies DAS program or on a sector trip, in
possession of cod caught outside the GOM Regulated Mesh Area specified
in Sec. 648.80(a)(1) may transit this area in possession of cod caught
outside the GOM Regulated Mesh Area with cod up to the possession limit
specified at Sec. 648.80(c)(1)(i)(B), 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 recreational fishing vessels in or from the
EEZ 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) Cod must be stored so as to be readily available for
inspection.
* * * * *
(7) Haddock--(i) Outside the Gulf of Maine--(A) Private
recreational vessels. Each person on a private recreational vessel may
possess unlimited haddock in, or harvested from, the EEZ when fishing
outside of the GOM Regulated Mesh Area specified in Sec. 648.80(a)(1).
(B) Charter or party boats. Each person on a charter or party
fishing boat permitted under this part, and not fishing under the NE
multispecies DAS program or on a sector trip, may possess unlimited
haddock in, or harvested from, the EEZ when fishing outside of the GOM
Regulated Mesh Area specified in Sec. 648.80(a)(1).
(ii) Gulf of Maine--(A) Private recreational vessels. Each person
on a private recreational vessel in possession of haddock caught
outside the GOM Regulated Mesh Area specified in Sec. 648.80(a)(1) may
transit this area with more than the GOM haddock possession limit
specified at paragraph (c)(8)(ii) of this section up to the possession
limit specified at paragraph (c)(8)(i) of this section, provided all
bait and hooks are removed from fishing rods and any haddock on board
has been gutted and stored.
(1) May 1 through September 17. Each person on a private
recreational fishing vessel, fishing from May 1 through September 17,
may possess no more than 12 haddock per day in, or harvested from, the
EEZ when fishing in the GOM Regulated Mesh Area specified in Sec.
648.80(a)(1).
(2) September 18 through October 31. When fishing in the GOM
Regulated Mesh Area specified in Sec. 648.80(a)(1), persons aboard
private recreational fishing vessels may not fish for or possess any
haddock from September 18 through October 31.
(3) November through February. Each person on a private
recreational fishing vessel, fishing from November 1 through February
28 (February 29 in leap years), may possess no more than 12 haddock per
day in, or harvested from, the EEZ when fishing in the GOM Regulated
Mesh Area specified in Sec. 648.80(a)(1).
(4) March 1 through April 14. When fishing in the GOM Regulated
Mesh Area specified in Sec. 648.80(a)(1), persons aboard private
recreational fishing vessels may not fish for or possess any haddock
from March 1 through April 14.
(5) April 15 through April 30. Each person on a private
recreational fishing vessel, fishing from April 15 through April 30,
may possess no more than 12 haddock per day in, or harvested from, the
EEZ when fishing in the GOM Regulated Mesh Area specified in Sec.
648.80(a)(1).
(B) Charter or party boats. Each person on a charter or party
fishing boat permitted under this part, and not fishing under the NE
multispecies DAS program or on a sector trip, in possession of haddock
caught outside the GOM Regulated Mesh Area specified in Sec.
648.80(a)(1) may transit this area with more than the GOM haddock
possession limit specified at paragraph (c)(8)(ii) of this section up
to the possession limit specified at paragraph (c)(8)(i) of this
section, provided all bait and hooks are removed from fishing rods and
any haddock on board has been gutted and stored.
(1) May 1 through September 17. Each person on a charter or party
fishing boat permitted under this part, and not fishing under the NE
multispecies DAS program or on a sector trip, fishing from May 1
through September 17, may possess no more than 12 haddock per day in,
or harvested from, the EEZ when fishing in the GOM Regulated Mesh Area
specified in Sec. 648.80(a)(1).
(2) September 18 through October 31. When fishing in the GOM
Regulated Mesh Area specified in Sec. 648.80(a)(1), persons on a
charter or party fishing boat permitted under this part, and not
fishing under the NE multispecies DAS program or on a sector trip, may
not fish for or possess any haddock from September 18 through October
31.
(3) November through February. Each person on a charter or party
fishing boat permitted under this part, and not fishing under the NE
multispecies DAS program or on a sector trip, fishing from November 1
through February 28 (February 29 in leap years), may possess no more
than 12 haddock per day in, or harvested from, the EEZ when fishing in
the GOM Regulated Mesh Area specified in Sec. 648.80(a)(1).
(4) March 1 through April 14. When fishing in the GOM Regulated
Mesh Area specified in Sec. 648.80(a)(1), persons aboard a charter or
party fishing boat permitted under this part, and not fishing under the
NE multispecies DAS program or on a sector trip, may not fish for or
possess any haddock from March 1 through April 14.

[[Page 24092]]

(5) April 15 through April 30. Each person on a charter or party
fishing boat permitted under this part, and not fishing under the NE
multispecies DAS program or on a sector trip, fishing from April 15
through April 30, may possess no more than 12 haddock per day in, or
harvested from, the EEZ when fishing in the GOM Regulated Mesh Area
specified in Sec. 648.80(a)(1).
(iii) For purposes of counting fish, fillets will be converted to
whole fish at the place of landing by dividing the number of fillets by
two. If fish are filleted into a single (butterfly) fillet, such fillet
shall be deemed to be from one whole fish.
(iv) Haddock harvested in or from the EEZ by private recreational
fishing boats or charter or party boats with more than one person
aboard may be pooled in one or more containers. Compliance with the
possession limit will be determined by dividing the number of fish on
board by the number of persons on board. If there is a violation of the
possession limit on board a vessel carrying more than one person, the
violation shall be deemed to have been committed by the owner or
operator of the vessel.
(v) Haddock must be stored so as to be readily available for
inspection.
* * * * *
(e) Charter/party vessel restrictions on fishing in GOM closed
areas and the Nantucket Lightship Closed Area--(1) GOM Closed Areas.
(i) A vessel fishing under charter/party regulations may not fish in
the GOM closed areas specified in Sec. 648.81(d)(1), (e)(1), and
(f)(4) during the time periods specified in those paragraphs, unless
the vessel has on board a valid letter of authorization issued by the
Regional Administrator pursuant to Sec. 648.81(f)(5)(v) and paragraph
(e)(3) of this section. If the vessel fishes or intends to fish in the
GOM cod protection closures, the conditions and restrictions of the
letter of authorization must be complied with for a minimum of 3
months. If the vessel fishes or intends to fish in the year-round GOM
closure areas, the conditions and restrictions of the letter of
authorization must be complied with for the rest of the fishing year,
beginning with the start of the participation period of the letter of
authorization.
(ii) A vessel fishing under charter/party regulations may not fish
in the GOM Cod Spawning Protection Area specified at Sec. 648.81(n)(1)
during the time period specified in that paragraph, unless the vessel
complies with the requirements specified at Sec. 648.81(n)(2)(iii).
(2) Nantucket Lightship Closed Area. A vessel fishing under
charter/party regulations may not fish in the Nantucket Lightship
Closed Area specified in Sec. 648.81(c)(1) unless the vessel has on
board a letter of authorization issued by the Regional Administrator
pursuant to Sec. 648.81(c)(2)(iii) and paragraph (e)(3) of this
section.
(3) Letters of authorization. To obtain either of the letters of
authorization specified in paragraphs (e)(1) and (2) of this section, a
vessel owner must request a letter from the NMFS Greater Atlantic
Regional Fisheries Office, either in writing or by phone (see Table 1
to 50 CFR 600.502). As a condition of these letters of authorization,
the vessel owner must agree to the following:
(i) The letter of authorization must be carried on board the vessel
during the period of participation;
(ii) Fish species managed by the NEFMC or MAFMC that are harvested
or possessed by the vessel, are not sold or intended for trade, barter
or sale, regardless of where the fish are caught;
(iii) The vessel has no gear other than rod and reel or handline
gear on board; and
(iv) For the GOM charter/party closed area exemption only, the
vessel may not fish on a sector trip, under a NE multispecies DAS, or
under the provisions of the NE multispecies Small Vessel Category or
Handgear A or Handgear B permit categories, as specified at Sec.
648.82, during the period of participation.
(f) Recreational fishery AM--(1) Catch evaluation. As soon as
recreational catch data are available for the entire previous fishing
year, the Regional Administrator will evaluate whether recreational
catches exceed any of the sub-ACLs specified for the recreational
fishery pursuant to Sec. 648.90(a)(4). When evaluating recreational
catch, the components of recreational catch that are used shall be the
same as those used in the most recent assessment for that particular
stock. To determine if any sub-ACL specified for the recreational
fishery was exceeded, the Regional Administrator shall compare the 3-
year average of recreational catch to the 3-year average of the
recreational sub-ACL for each stock.
(2) Reactive AM adjustment. If it is determined that any
recreational sub-ACL was exceeded, as specified in paragraph (f)(1) of
this section, the Regional Administrator, after consultation with the
NEFMC, shall develop measures necessary to prevent the recreational
fishery from exceeding the appropriate sub-ACL in future years.
Appropriate AMs for the recreational fishery, including adjustments to
fishing season, minimum fish size, or possession limits, may be
implemented in a manner consistent with the Administrative Procedure
Act, with final measures published in the Federal Register no later
than January when possible. Separate AMs shall be developed for the
private and charter/party components of the recreational fishery.
(3) Proactive AM adjustment. When necessary, the Regional
Administrator, after consultation with the New England Fishery
Management Council, may adjust recreational measures to ensure the
recreational fishery achieves, but does not exceed any recreational
fishery sub-ACL in a future fishing year. Appropriate AMs for the
recreational fishery, including adjustments to fishing season, minimum
fish size, or possession limits, may be implemented in a manner
consistent with the Administrative Procedure Act, with final measures
published in the Federal Register prior to the start of the fishing
year where possible. In specifying these AMs, the Regional
Administrator shall take into account the non-binding prioritization of
possible measures recommended by the Council: For cod, first increases
to minimum fish sizes, then adjustments to seasons, followed by changes
to bag limits; and for haddock, first increases to minimum size limits,
then changes to bag limits, and then adjustments to seasons.

[FR Doc. 2017-10703 Filed 5-24-17; 8:45 am]
BILLING CODE 3510-22-P

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