Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Fishing Year 2018 Recreational Management Measures, 12551-12559 [2018-05811]
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules
ATLANTIC WOLFFISH FIXED GEAR AM
AREA 2
Point
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1
2
3
4
N latitude
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42°30′
42°30′
42°20′
42°20′
W longitude
70°20′
70°15′
70°15′
70°20′
(H) Ocean pout. Unless otherwise
specified in paragraphs (a)(5)(i)(E)(5)
and (6) of this section, if NMFS
determines the total catch exceeds the
overall ACL for ocean pout, as described
in paragraph (a)(5)(i)(E) of this section,
by any amount greater than the
management uncertainty buffer up to 20
percent greater than the overall ACL, the
applicable small AM area for the stock
shall be implemented, as specified in
paragraph (a)(5)(i)(E) of this section,
consistent with the Administrative
Procedure Act. If the overall ACL is
exceeded by more than 20 percent, large
AM area(s) for the stock shall be
implemented, as specified in paragraph
(a)(5)(i)(E) of this section, consistent
with the Administrative Procedure Act.
The AM areas for ocean pout are
defined in paragraph (a)(5)(i)(E)(4) of
this section, connected in the order
listed by rhumb lines, unless otherwise
noted. Vessels fishing with trawl gear in
these areas may only use a haddock
separator trawl, as specified in
§ 648.85(a)(3)(iii)(A); a Ruhle trawl, as
specified in § 648.85(b)(6)(iv)(J)(3); a
rope separator trawl, as specified in
§ 648.84(e); or any other gear approved
consistent with the process defined in
§ 648.85(b)(6).
*
*
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(iv) * * *
(C) 2018 fishing year threshold for
implementing the Atlantic sea scallop
fishery AM for SNE/MA yellowtail
flounder. For the 2018 fishing year, if
the scallop fishery catch exceeds its
SNE/MA yellowtail flounder sub-ACL
specified in paragraph (a)(4) of this
section, and total catch exceeds the
overall ACL for that stock, then the
applicable scallop fishery AM will take
effect, as specified in § 648.64 of the
Atlantic sea scallop regulations.
Beginning in fishing year 2019, the
threshold for implementing scallop
fishery AMs for SNE/MA yellowtail
flounder listed in paragraph (a)(5)(iv)(A)
of this section will be in effect.
*
*
*
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*
[FR Doc. 2018–05755 Filed 3–21–18; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 180201108–8261–01]
RIN 0648–BH55
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Fishing Year 2018
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 set 2018
recreational management measures for
Gulf of Maine cod and haddock and
Georges Bank cod. This action is
necessary to respond to updated catch
and other scientific information. The
proposed measures are intended to
ensure the recreational fishery achieves,
but does not exceed, its fishing year
2018 catch limits.
DATES: Comments must be received by
April 6, 2018.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2018–0040, 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-20180040
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields, and
3. Enter or attach your comments.
• Mail: Submit written comments to:
Michael Pentony, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
the Fishing Year 2018 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
SUMMARY:
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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 57 environmental
assessment (EA) prepared by the New
England Fishery Management Council,
and draft supplemental EA to
Framework Adjustment 57 prepared by
the Greater Atlantic Regional Fisheries
Office and Northeast Fisheries Science
Center, are available from: Michael
Pentony, Regional Administrator,
National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA
01930. The supporting documents are
also accessible via the internet at: https://
www.nefmc.org/management-plans/
northeast-multispecies or https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Emily Keiley, Fishery Management
Specialist, phone: 978–281–9116; email:
Emily.Keiley@noaa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Proposed Gulf of Maine Recreational
Management Measures for Fishing Year
2018
2. Fishing Year 2018 Georges Bank Cod
Recreational Management Measures
3. Regulatory Corrections
Background
Proposed Gulf of Maine Recreational
Management Measures for Fishing Year
2018
The recreational fishery for Gulf of
Maine (GOM) cod and haddock is
managed under the Northeast
Multispecies Fishery Management Plan
(FMP). The FMP sets sub-annual catch
limits (sub-ACL) for the recreational
fishery 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 includes
recreational accountability measures
(AM) to prevent the recreational subACLs from being exceeded, or to correct
the cause of an overage if one occurs.
The proactive AM provision in the
FMP requires the Regional
Administrator, in consultation with the
New England Fishery Management
Council, to develop recreational
management measures for the upcoming
fishing year to ensure that the
recreational 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.
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules
For fishing year 2017, the recreational
sub-ACL for GOM cod remained the
same as 2016, and the recreational subACL for GOM haddock increased 25
percent. In order to reduce cod catch
and prevent subsequent overages, and
because haddock management measures
affect cod catch, both cod and haddock
management measures were more
conservative in 2017. This is because in
2016 cod catch increased more than
predicted and the recreational sub-ACL
was exceeded by 92 percent.
Preliminary estimates of 2017
recreational GOM cod catch exceed the
sub-ACL by 55 percent despite the more
conservative management measures.
Estimates of 2017 GOM haddock catch
are less than half of the sub-ACL.
According to the 2017 stock
assessments, the GOM cod and haddock
stocks are increasing, although cod
remains overfished and subject to a
rebuilding plan. Framework Adjustment
57, a concurrent action, proposes 2018
ACLs based on the updated
assessments. For 2018, the proposed
haddock sub-ACL increases by 290
percent, from 1,160 mt to 3,358 mt, and
the proposed cod sub-ACL increases
from 157 to 220 mt. The recreational
sub-ACLs are based on a fixed
percentage of the total commercial
ACLs. This action sets recreational
management measures designed to
achieve, but not exceed the recreational
sub-ACLs.
As specified in Table 1, compared to
the 2017 catch, the 2018 sub-ACLs
would allow for a 78-percent increase in
haddock catch, but would require an 11percent reduction in cod catch. Status
quo measures are projected to result in
cod catch above the sub-ACL, and
haddock catch below the sub-ACL.
Because 2018 catch of cod under the
status quo measures is projected to be
above the cod sub-ACL, we are required,
in consultation with the Council, to
revise the GOM recreational measures
for fishing year 2018.
TABLE 1—FISHING YEAR 2017 CATCH COMPARED TO FISHING YEAR 2017 AND 2018 SUB-ACLS
Estimated
2017 catch
(mt)
GOM stock
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Cod .......................................................................................
Haddock ...............................................................................
Proposed Measures
We consulted with the Council and its
Recreational Advisory Panel (RAP) in
January 2018. The RAP and Council
recommended status quo measures for
GOM cod and haddock. Status quo
measures are projected to constrain the
catch of cod to the sub-ACL only if the
Commonwealth of Massachusetts
prohibits recreational anglers in state
waters from retaining GOM cod. Forhire vessels in Massachusetts are
prohibited from fishing for cod.
Alternatively, the Council
recommended implementing different
measures for the private angler and forhire components of the fishery if the
Commonwealth of Massachusetts does
not prohibit the possession of cod.
Recent catch information suggests the
for-hire fleet has been able to avoid cod
bycatch when fishing for haddock more
effectively than private anglers. As a
result, the Council determined separate
measures for each fleet would more
effectively achieve the necessary cod
reductions. The addition of a May
closure for private anglers, combined
with a reduction of the for-hire haddock
possession limit is projected to keep cod
catch below the sub-ACL.
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2017 sub-ACL
(mt)
244
740
157
1,160
A peer-reviewed bioeconomic model,
developed by the Northeast Fisheries
Science Center, was used to estimate
2018 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 in Federal
waters, but without an accompanying
prohibition of recreational possession of
cod by Massachusetts private anglers,
the model estimates that the status quo
measures for GOM haddock are not
expected to constrain the bycatch of cod
to the 2018 catch limit. The model
estimates that the status quo haddock
measures would result in cod catch of
226 mt and haddock catch of 920 mt
(see Table 3), which would be 102
percent of the 220 mt cod sub-ACL and
27 percent of the haddock sub-ACL. If
Massachusetts prohibits private angler
possession of cod, status quo Federal
measures for cod and haddock are
expected to constrain cod catch to the
sub-ACL. Predicted cod catch, under
this scenario, is 193 mt. The Council’s
recommended, but non-preferred
alternative does not rely on
modifications to Massachusetts’
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Percent of
FY 2017
sub-ACL
caught
155
64
2018 sub-ACL
(mt)
Change in
2017
catch
to reach
2018 sub-ACL
(percent)
220
3,358
¥11
78
recreational measures, but implements a
new closure for the month of May for
private anglers, and reduces the for-hire
possession limit from 12 to 10 fish.
Under this alternative cod catch is
projected to be 198 mt.
Table 2 summarizes the status quo
measures and the measures being
proposed for comment, along with the
model’s estimates of catch and the
likelihood of catch remaining below the
sub-ACLs. At the time the model was
run and presented to the Council for
consideration, the preliminary GOM cod
sub-ACL was estimated to be 200 mt,
and the probabilities are based on this
amount. We have since determined that
the fishing year 2018 GOM cod sub-ACL
will be 220 mt. The increased quota
does not change the predicted cod catch
under the different measures, but the
probability that cod catch will be below
the sub-ACL increases. Projected catch
associated with the status quo measures
still exceeds the updated sub-ACL, and
the proposed alternatives do not change.
We intend to update the model
probabilities using the higher, updated
sub-ACL and publish those results with
the final rule for this action.
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As part of Framework 57 to the
Northeast Multispecies FMP, the
Council recommended to give the
Regional Administrator authority to
adjust the GB cod recreational
management measures for fishing years
2018 and 2019. Framework 57 is
intended to be implemented for the
2018 fishing year. Concurrent to the
Framework 57 rulemaking, which is
expected in March 2018, we are
considering whether adjustments to GB
cod recreational measures are necessary,
should the framework be approved. This
action was precipitated by an unusually
high recreational catch estimate of GB
cod in 2016 that contributed to an
overage of the total ACL and acceptable
biological catch. Unlike GOM cod and
haddock, there is no recreational subACL for GB cod and no accountability
measures for the recreational fishery
when an overage occurs. The Council
did not consider a recreational sub-ACL
in this action because of a lack of time
to consider this issue. However, the
Council recommended a catch target for
us to use when considering adjustments
to GB cod measures. The catch target is
based on the most recent 5 year
(calendar years 2012–2016) average
recreational catch (138 mt). The Council
expects that measures designed to
achieve this target amount for the
recreational fishery will help the overall
fishery attain, but not exceed, its overall
ACL. According to the 2017 updated
assessment the stock remains in poor
condition, but the GB cod stock biomass
is increasing and supports an increase
in the ACL consistent with this change.
Based on the updated assessment the
proposed 2018 overall ACL is increasing
139 percent compared to 2017.
With the exception of 2013,
recreational catch of Georges Bank cod
has been increasing (see Table 4).
Recreational management measures for
this stock have not been modified since
2010. For these reasons, we expect the
increasing trend in recreational catch to
continue.
Since the Council meeting in
December 2018, preliminary 2017 wave
6 MRIP data were released. Wave 6
(November–December) encompass the
season for which GB recreational cod
catches are historically the highest. The
updated projection for fishing year 2017
recreational catch of GB cod is 120
percent lower than what was previously
estimated and presented to the RAP and
Council. The updated fishing year 2017
estimate is 51 mt. This reduction is not
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2. Fishing Year 2018 Georges Bank Cod
Recreational Management Measures
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The bioeconomic model’s predicted
probabilities that catch will remain at or
below the sub-ACLs are informative.
The model uses preliminary data from
the Marine Recreational Information
Program (MRIP). MRIP data are updated
throughout the fishing year as new data
arrives in different waves and older data
is updated. Incorporation of new waves,
or updates, may result in changes. The
MRIP data are estimates and highly
variable from year to year. This
combination of factors makes it difficult
to produce consistent predictions and to
assess the underlying reasons for the
discrepancies between the model’s
predicted catch and estimates of actual
catch. The model has underestimated
recreational catch historically, but its
predictive power has been increasing in
recent years. Recent measures have
resulted in catch close to the sub-ACLs;
however, a number of overages have
still occurred. Increasing the probability
of maintaining catch under the sub-ACL
provides more confidence that the
measures may keep catch within the
sub-ACL despite this data uncertainty.
Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules
consistent with the increasing trend in
catch that has been observed since 2013.
Given the inherent variability in the
MRIP data, many recreational fisheries
use a moving average when considering
measures for subsequent years.
Incorporating the updated 2017 catch
estimate, the 3-year average (fishing
years 2015–2017) recreational catch is
196 mt. This average is greater than the
catch target, and recreational catch in
2015 and 2016 was greater than the
catch target.
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Proposed Measures
Due to the potential increase in cod
encounters by recreational anglers, and
the poor stock condition, the Council is
recommending measures to limit the
potential for extreme catch amounts of
cod and facilitate enforcement of the
We are seeking comments on the
Council’s trip and size limits in relation
to preventing extreme recreational
catches of GB cod, assisting
enforcement, and avoiding the potential
negative impacts on the commercial
groundfish fishery from recreational
catch that contributes to overall ACL
overages. In particular, we are interested
in the measures in relation to achieving
the catch target and avoiding overages of
the overall ACL in light of the new
MRIP data and estimated 2017
recreational GB cod catch. Because of
the variability in MRIP data, and the
lack of a model to evaluate the effect of
the proposed measures, it is difficult to
determine the probability that measures
may constrain harvest to the catch
target. Additionally, because the
recreational fishery does not receive an
allocation for GB cod, there are no AMs
for recreational vessels in the event the
catch target or the overall ACL is
exceeded. For 2018, the commercial
groundfish fishery is required to
payback the 2016 fishing year ACL
overage.
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measures. To meet this goal, the Council
recommended setting a possession limit
for the for-hire fleet. Currently private
anglers have a 10-fish possession limit,
and for-hire vessels have no limit. The
proposed change would harmonize the
private and for-hire restrictions while
meeting capping potential cod
interactions on a trip-by-trip basis. The
Council also proposed an increase in the
minimum size limit from 22 to 24
inches (55.88 to 60.96 cm). The
proposed minimum size is consistent
with the minimum size for
recreationally caught cod in the GOM
when that fishery is open. Also, a
uniform size limit can help avoid
confusion and aid enforcement. In 2016,
approximately 40 percent of the cod
landings were less than 24 inches. Thus,
an increase to the minimum size we
expect would reduce cod mortality
relative to 2016 catch.
Unlike for the GOM recreational
fishery, there is no model available to
evaluate the probability of catch
amounts for the Georges Bank
management changes. However, past
data shows that setting a possession
limit and increasing the minimum size
are effective techniques for reducing
recreational catch. A possession limit
will cap the amount of catch per trip
and help meet the goal of limiting
extreme events. Uniform size limits also
will limit mortality as well as assist
enforcement. The proposed fishing year
2018 recreational measures for Georges
Bank cod are specified in Table 5, along
with information on fishing year 2017
measures for comparison.
3. Regulatory Corrections
This action also proposes several
corrections to the regulatory text to
improve clarity and consistency of the
recreational regulations. The corrections
in this action are proposed under the
authority of section 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.
In § 648.89(c), we have adopted a new
approach to present recreational
possession limits to simplify and
improve clarity of the regulations.
Rather than stating possession limits
and seasons exclusively through text, a
table would be used. Explanatory
information (e.g., filleting exemption
from minimum size) would still be in
text form.
In § 648.14(k)(16), we propose to add
the possession prohibitions for ocean
pout and windowpane flounder by the
recreational fishery. Possession, by the
recreational fishery, of ocean pout and
windowpane flounder is already
prohibited. We are adding text to the
prohibitions section to improve
consistency and clarity of the
regulations.
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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. Thus, this rule is not an E.O.
13771 regulatory action because this
rule is not significant under E.O. 12866.
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 incorporates sections
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules
of the preamble (SUPPLEMENTARY
INFORMATION) and analyses supporting
this rulemaking, including the
Framework Adjustment 57 EA and the
draft supplemental EA to Framework
57. 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 2018 catch to the cod subACL, this action proposes new
measures, as required by the FMP, to
ensure that the previously established
sub-ACL is not exceeded. This action
also proposes new recreational
measures for Georges Bank cod. These
measures have been designed to achieve
the catch target set in Framework 57.
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Statement of the Objectives of, and
Legal Basis for, This Proposed Rule
The FMP allows the Regional
Administrator, in consultation with the
Council, to modify the GOM
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.
One of the intended effects of this action
is to reduce recreational catch of GOM
cod. This action is necessary to ensure
that the fishing year 2018 recreational
GOM cod catch limit is not exceeded.
Framework 57, a concurrent action,
proposes to give the Regional
Administrator authority to change the
Georges Bank cod recreational
management measures for fishing years
2018 and 2019. Framework 57 also
proposed a catch target of 138 mt.
Limiting catch to this target amount is
expected to help ensure that the overall
ACL for this stock is not exceeded.
Management measures proposed in this
action are designed to achieve, but not
exceed this target.
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
(NAICS code 11411) as a firm with
annual receipts (gross revenue) of up to
$11.0 million for Regulatory Flexibility
Act compliance purposes only. A small
for-hire recreational fishing business is
defined as a firm with receipts of up to
$7.5 million (NAICS code 487210).
Having different size standards for
different types of fishing activities
creates difficulties in categorizing
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businesses that participate in multiple
fishing related activities. For purposes
of this assessment, business entities
have been classified into the SBAdefined categories based on which
activity produced the highest percentage
of average annual gross revenues from
2014–2016. This is the most recent 3year period for which data are available.
Ownership data in the Northeast permit
database 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 all three
types of recreational fishing restrictions
may directly affect for-hire businesses.
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. Private
recreational 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 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 businesses
that hold for-hire permits actively
participate in a given year. The
regulations affect the group of business
entities who actively participate, i.e.,
land fish. Latent fishing power (in the
form of unfished permits) has the
potential to alter the impacts on a
fishery. However, it is not possible to
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12555
predict how many of these latent
business entities will or will not
participate in this fishery in fishing year
2018.
The Northeast Federal landings
database (i.e., vessel trip report data)
indicates that a total of 661 vessels held
a multispecies for-hire fishing permit in
2016. This is the most recent full year
of available data. Of the 661 for-hire
permitted vessels, only 164 actively
participated in the for-hire Atlantic cod
and haddock fishery in fishing year
2016 (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
164 actively participating for-hire
vessels are owned by 151 unique fishing
business entities. The vast majority of
the 151 fishing businesses were solely
engaged in for-hire fishing, but some
also earned revenue from shellfish and/
or finfish fishing. For all but 23 of these
fishing businesses, the revenue from forhire fishing was greater than the
revenue from shellfishing and the
revenue from finfish fishing.
According to the SBA size standards,
small for-hire businesses are defined as
firms with annual receipts of up to $7.5
million. Small commercial finfishing or
shellfishing businesses are defined as
firms with annual receipts (gross
revenue) of up to $11.0 million. Average
annual gross revenue estimates
calculated from the most recent 3 years
(2014–2016) indicate that none of the
151 fishing business entities had annual
receipts of more than $2.8 million from
all of their fishing activities (for-hire,
shellfish, and finfish). Therefore, all of
the affected fishing business entities are
considered ‘‘small’’ based on the SBA
size standards. As a result, this action
would 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 does not
duplicate, overlap, or conflict with other
Federal rules.
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Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules
daltland on DSKBBV9HB2PROD with PROPOSALS
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
There are three options that were
presented to the Council [(Framework
57 EA and draft Supplemental EA, see
VerDate Sep<11>2014
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Jkt 244001
ADDRESSES) that would accomplish the
objectives, but are not being proposed.
Options 5 and 6 were only discussed by
the Council, and while they would
achieve the objective, were not selected.
The options presented, but not
proposed, were rejected either because
they did not achieve the required cod
sub-ACL, or they had significant
PO 00000
Frm 00053
Fmt 4702
Sfmt 4702
negative impacts on the for-hire fleet
(e.g., Option 2, a May closure). The
options proposed in this action
minimize, to the extent practical, the
impact on small entities.
Table 4—Projected Fishing Year 2018
Recreational Cod and Haddock Catch
Under Alternative Measures
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VerDate Sep<11>2014
Table 4. Projected Fishing Year 2018 Recreational Cod and Haddock Catch under Alternative Measures
Had Had
Total
Mortality
mt
Cod
Total
Cod Mortality
Closed
mt
Angler
Trips
HadACL
(out of
100
CodACL
(out of
100
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(Additional May Had
Closure)
3
(NoMA Cod
Possession, no Had
Minimum Size)
E:\FR\FM\22MRP1.SGM
22MRP1
Mar-Apr 14 May, Sep 17- Oct
'
31
822
0 May-Apr
194
150,713
100
56
12
Mar-Apr 14, Sep 17- Oct 31
979
0 May-Apr
213
162,543
100
34
4
(Additional May Had
Closure, no Had
Minimum Size)
12
Mar-Apr 14, May, Sep 17- Oct
31
864
0
May-Apr
203
157,731
100
45
5
(Additional May Had
Closure, 16" Had
Minimum Size)
12
16"
Mar-Apr 14, May, Sep 17- Oct
31
835
0 May-Apr
198
153,441
100
51
6
(Additional May Had
Closure, 15" Had
Minimum Size)
12
15"
Mar-Apr 14, May, Sep 17- Oct
31
854
0 May-Apr
200
157,203
100
50
12
17"
EP22MR18.009</GPH>
12557
FY 2018 rec sub-ACLs: haddock= 3,358 mt, cod= 220 mt- payback
*Assumes a cod sub-ACL of 200 mt
Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules
18:44 Mar 21, 2018
Option
Had
Closed
12558
Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules
Authority: 16 U.S.C. 1801 et seq.
List of Subjects in 50 CFR Part 648
2. In § 648.14, add paragraphs
(k)(16)(viii) and (ix) to read as follows:
Fisheries, Fishing, Recordkeeping and
reporting requirements.
■
Dated: March 16, 2018
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
§ 648.14 Recreational and charter/party
vessel restrictions.
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:
■
(k) * * *
(16) * * *
(viii) Ocean pout. If fishing under the
recreational or charter/party regulations,
possess ocean pout.
(ix) Windowpane flounder. If fishing
under the recreational or charter/party
regulations, possess windowpane
flounder.
*
*
*
*
*
■ 3. In § 648.89, revise paragraphs (b)
and (c) 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 or party boats permitted
under this part and not fishing under
the NE multispecies DAS program or
under the restrictions and conditions of
an approved sector operations plan, and
private recreational fishing vessels in or
possessing fish from the EEZ, may not
possess fish smaller than the minimum
fish sizes, measured in total length, as
follows:
Minimum size
Species
Inches
Cod:
Inside GOM Regulated Mesh Area 1 ................................................................................................................
Outside GOM Regulated Mesh Area 1 .............................................................................................................
Haddock:
Inside GOM Regulated Mesh Area 1 ................................................................................................................
Outside GOM Regulated Mesh Area 1 ....................................................................................................................
Pollock .....................................................................................................................................................................
Witch Flounder (gray sole) ......................................................................................................................................
Yellowtail Flounder ..................................................................................................................................................
American Plaice (dab) .............................................................................................................................................
Atlantic Halibut .........................................................................................................................................................
Winter Flounder (black back) ..................................................................................................................................
Redfish .....................................................................................................................................................................
1 GOM
cm
24
24
61.0
61.0
17
18
19
14
13
14
41
12
9
43.2
45.7
48.3
35.6
33.0
35.6
104.1
30.5
22.9
Regulated Mesh Area specified in § 648.80(a).
(2) 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
§ 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.
(3) Fish fillets, or parts of fish, must
have at least 2 square inches (5.1 square
cm) of skin on while possessed on board
a vessel and at the time of landing in
order to meet minimum size
requirements. The skin must be
contiguous and must allow ready
identification of the fish species.
(c) Possession Restrictions—(1)
Private recreational vessels. Persons
aboard private recreational fishing
vessels in or possessing fish from the
EEZ, during the open season listed in
the column titled ‘‘Open Season’’ in
Table 1 to paragraph (c), may not
possess more fish than the amount
listed in the column titled ‘‘Possession
Limit’’ in Table 1 to paragraph (c).
(i) Closed season. Persons aboard
private recreational fishing vessels may
not possess species, as specified in the
column titled ‘‘Species’’ in Table 1 to
paragraph (c), in or from the EEZ during
that species closed season as specified
in the column titled ‘‘Closed Season’’ in
Table 1 to paragraph (c).
TABLE 1 TO PARAGRAPH (c)
daltland on DSKBBV9HB2PROD with PROPOSALS
Species
Open season
Possession
limit
Closed season
GB Cod ..............................................................
GOM Cod ...........................................................
GB Haddock .......................................................
GOM Haddock ...................................................
All Year ..............................................................
CLOSED ............................................................
All Year ..............................................................
June 1–September 16; November 1–February
28 (or 29); April 15–30.
10 ...................
No retention ...
Unlimited ........
12 ...................
GB Yellowtail Flounder ......................................
SNE/MA Yellowtail Flounder ..............................
CC/GOM Yellowtail Flounder .............................
American Plaice .................................................
Witch Flounder ...................................................
GB Winter Flounder ...........................................
All
All
All
All
All
All
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
Unlimited
N/A.
All Year.
N/A.
September 17–October 31;
March 1–April 14; May
1–31.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
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Year
Year
Year
Year
Year
Year
..............................................................
..............................................................
..............................................................
..............................................................
..............................................................
..............................................................
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........
........
........
........
........
22MRP1
Federal Register / Vol. 83, No. 56 / Thursday, March 22, 2018 / Proposed Rules
12559
TABLE 1 TO PARAGRAPH (c)—Continued
Species
Open season
Possession
limit
GOM Winter Flounder ........................................
SNE/MA Winter Flounder ...................................
Redfish ...............................................................
White Hake .........................................................
Pollock ................................................................
N Windowpane Flounder ...................................
S Windowpane Flounder ....................................
Ocean Pout ........................................................
All Year ..............................................................
All Year ..............................................................
All Year ..............................................................
All Year ..............................................................
All Year ..............................................................
CLOSED ............................................................
CLOSED ............................................................
CLOSED ............................................................
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
No retention ...
No retention ...
No retention ...
Atlantic Halibut ...................................................
Atlantic Wolffish ..................................................
(2) Charter or Party Boats. Persons
aboard party or charter boats in or
possessing fish from the EEZ, during the
Closed season
N/A.
N/A.
N/A.
N/A.
N/A.
All Year.
All Year.
All Year.
See paragraph (c)(3)
CLOSED ............................................................
open season listed in the column titled
‘‘Open Season’’ in Table 2 to paragraph
(c), may not possess more fish than the
No retention ...
All Year.
amount listed in the column titled
‘‘Possession Limit’’ in Table 2 to
paragraph (c).
TABLE 2 TO PARAGRAPH (c)
Species
Open season
Possession
limit
Closed season
GB Cod ..............................................................
GOM Cod ...........................................................
GB Haddock .......................................................
GOM Haddock ...................................................
All Year ..............................................................
CLOSED ............................................................
All Year ..............................................................
May 1–September 16; November 1–February
28 (or 29); April 15–30.
All Year ..............................................................
All Year ..............................................................
All Year ..............................................................
All Year ..............................................................
All Year ..............................................................
All Year ..............................................................
All Year ..............................................................
All Year ..............................................................
All Year ..............................................................
All Year ..............................................................
All Year ..............................................................
CLOSED ............................................................
CLOSED ............................................................
CLOSED ............................................................
10 ...................
No retention ...
Unlimited ........
10 ...................
N/A.
All Year.
N/A.
September 17–October 31;
March 1–April 14.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
N/A.
All Year.
All Year.
All Year.
GB Yellowtail Flounder ......................................
SNE/MA Yellowtail Flounder ..............................
CC/GOM Yellowtail Flounder .............................
American Plaice .................................................
Witch Flounder ...................................................
GB Winter Flounder ...........................................
GOM Winter Flounder ........................................
SNE/MA Winter Flounder ...................................
Redfish ...............................................................
White Hake .........................................................
Pollock ................................................................
N Windowpane Flounder ...................................
S Windowpane Flounder ....................................
Ocean Pout ........................................................
Atlantic Halibut ...................................................
daltland on DSKBBV9HB2PROD with PROPOSALS
Atlantic Wolffish ..................................................
(3) Atlantic halibut. Vessels permitted
under this part, and recreational fishing
vessels fishing in the EEZ, may not
possess more than one Atlantic halibut
on board the vessel.
(4) Accounting of daily trip limit. For
the purposes of determining the per day
trip limit for cod and haddock for
private recreational fishing vessels and
charter or party boats, any trip in excess
of 15 hours and covering 2 consecutive
calendar days will be considered more
than 1 day. Similarly, any trip in excess
of 39 hours and covering 3 consecutive
calendar days will be considered more
than 2 days and, so on, in a similar
fashion.
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18:44 Mar 21, 2018
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Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
No retention ...
No retention ...
No retention ...
See Paragraph (c)(3)
CLOSED ............................................................
(5) Fillet conversion. For purposes of
counting fish for cod and haddock for
private recreational fishing vessels and
charter or party boats, if fish are filleted,
fillets will be converted to whole fish 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.
(6) Application of possession limit.
Cod and haddock harvested by
recreational fishing vessels in or from
the EEZ with more than one person
aboard may be pooled in one or more
containers. If cod or haddock have been
pooled into one or more containers,
compliance with the possession limit
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No retention ...
All Year.
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.
(7) Storage. Cod and haddock must be
stored so as to be readily available for
inspection.
*
*
*
*
*
[FR Doc. 2018–05811 Filed 3–21–18; 8:45 am]
BILLING CODE 3510–22–P
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]]>Agencies
[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Proposed Rules]
[Pages 12551-12559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05811]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 180201108-8261-01]
RIN 0648-BH55
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Fishing Year 2018 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 set 2018 recreational management measures for
Gulf of Maine cod and haddock and Georges Bank cod. This action is
necessary to respond to updated catch and other scientific information.
The proposed measures are intended to ensure the recreational fishery
achieves, but does not exceed, its fishing year 2018 catch limits.
DATES: Comments must be received by April 6, 2018.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2018-0040, 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-2018-0040
2. Click the ``Comment Now!'' icon, complete the required fields,
and
3. Enter or attach your comments.
Mail: Submit written comments to: Michael Pentony,
Regional Administrator, National Marine Fisheries Service, 55 Great
Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope,
``Comments on the Fishing Year 2018 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 57 environmental assessment (EA) prepared by the
New England Fishery Management Council, and draft supplemental EA to
Framework Adjustment 57 prepared by the Greater Atlantic Regional
Fisheries Office and Northeast Fisheries Science Center, are available
from: Michael Pentony, Regional Administrator, National Marine
Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. The
supporting documents are also accessible via the internet at: https://www.nefmc.org/management-plans/northeast-multispecies or https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Management
Specialist, phone: 978-281-9116; email: [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
1. Proposed Gulf of Maine Recreational Management Measures for
Fishing Year 2018
2. Fishing Year 2018 Georges Bank Cod Recreational Management
Measures
3. Regulatory Corrections
Background
Proposed Gulf of Maine Recreational Management Measures for Fishing
Year 2018
The recreational fishery for Gulf of Maine (GOM) cod and haddock is
managed under the Northeast Multispecies Fishery Management Plan (FMP).
The FMP sets sub-annual catch limits (sub-ACL) for the recreational
fishery 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 includes recreational
accountability measures (AM) to prevent the recreational sub-ACLs from
being exceeded, or to correct the cause of an overage if one occurs.
The proactive AM provision in the FMP requires the Regional
Administrator, in consultation with the New England Fishery Management
Council, to develop recreational management measures for the upcoming
fishing year to ensure that the recreational 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.
[[Page 12552]]
For fishing year 2017, the recreational sub-ACL for GOM cod
remained the same as 2016, and the recreational sub-ACL for GOM haddock
increased 25 percent. In order to reduce cod catch and prevent
subsequent overages, and because haddock management measures affect cod
catch, both cod and haddock management measures were more conservative
in 2017. This is because in 2016 cod catch increased more than
predicted and the recreational sub-ACL was exceeded by 92 percent.
Preliminary estimates of 2017 recreational GOM cod catch exceed the
sub-ACL by 55 percent despite the more conservative management
measures. Estimates of 2017 GOM haddock catch are less than half of the
sub-ACL.
According to the 2017 stock assessments, the GOM cod and haddock
stocks are increasing, although cod remains overfished and subject to a
rebuilding plan. Framework Adjustment 57, a concurrent action, proposes
2018 ACLs based on the updated assessments. For 2018, the proposed
haddock sub-ACL increases by 290 percent, from 1,160 mt to 3,358 mt,
and the proposed cod sub-ACL increases from 157 to 220 mt. The
recreational sub-ACLs are based on a fixed percentage of the total
commercial ACLs. This action sets recreational management measures
designed to achieve, but not exceed the recreational sub-ACLs.
As specified in Table 1, compared to the 2017 catch, the 2018 sub-
ACLs would allow for a 78-percent increase in haddock catch, but would
require an 11-percent reduction in cod catch. Status quo measures are
projected to result in cod catch above the sub-ACL, and haddock catch
below the sub-ACL. Because 2018 catch of cod under the status quo
measures is projected to be above the cod sub-ACL, we are required, in
consultation with the Council, to revise the GOM recreational measures
for fishing year 2018.
Table 1--Fishing Year 2017 Catch Compared to Fishing Year 2017 and 2018 Sub-ACLs
----------------------------------------------------------------------------------------------------------------
Change in 2017
Estimated 2017 2017 sub-ACL Percent of FY 2018 sub-ACL catch to reach
GOM stock catch (mt) (mt) 2017 sub-ACL (mt) 2018 sub-ACL
caught (percent)
----------------------------------------------------------------------------------------------------------------
Cod............................. 244 157 155 220 -11
Haddock......................... 740 1,160 64 3,358 78
----------------------------------------------------------------------------------------------------------------
Proposed Measures
We consulted with the Council and its Recreational Advisory Panel
(RAP) in January 2018. The RAP and Council recommended status quo
measures for GOM cod and haddock. Status quo measures are projected to
constrain the catch of cod to the sub-ACL only if the Commonwealth of
Massachusetts prohibits recreational anglers in state waters from
retaining GOM cod. For-hire vessels in Massachusetts are prohibited
from fishing for cod. Alternatively, the Council recommended
implementing different measures for the private angler and for-hire
components of the fishery if the Commonwealth of Massachusetts does not
prohibit the possession of cod. Recent catch information suggests the
for-hire fleet has been able to avoid cod bycatch when fishing for
haddock more effectively than private anglers. As a result, the Council
determined separate measures for each fleet would more effectively
achieve the necessary cod reductions. The addition of a May closure for
private anglers, combined with a reduction of the for-hire haddock
possession limit is projected to keep cod catch below the sub-ACL.
A peer-reviewed bioeconomic model, developed by the Northeast
Fisheries Science Center, was used to estimate 2018 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 in Federal waters, but without an accompanying
prohibition of recreational possession of cod by Massachusetts private
anglers, the model estimates that the status quo measures for GOM
haddock are not expected to constrain the bycatch of cod to the 2018
catch limit. The model estimates that the status quo haddock measures
would result in cod catch of 226 mt and haddock catch of 920 mt (see
Table 3), which would be 102 percent of the 220 mt cod sub-ACL and 27
percent of the haddock sub-ACL. If Massachusetts prohibits private
angler possession of cod, status quo Federal measures for cod and
haddock are expected to constrain cod catch to the sub-ACL. Predicted
cod catch, under this scenario, is 193 mt. The Council's recommended,
but non-preferred alternative does not rely on modifications to
Massachusetts' recreational measures, but implements a new closure for
the month of May for private anglers, and reduces the for-hire
possession limit from 12 to 10 fish. Under this alternative cod catch
is projected to be 198 mt.
Table 2 summarizes the status quo measures and the measures being
proposed for comment, along with the model's estimates of catch and the
likelihood of catch remaining below the sub-ACLs. At the time the model
was run and presented to the Council for consideration, the preliminary
GOM cod sub-ACL was estimated to be 200 mt, and the probabilities are
based on this amount. We have since determined that the fishing year
2018 GOM cod sub-ACL will be 220 mt. The increased quota does not
change the predicted cod catch under the different measures, but the
probability that cod catch will be below the sub-ACL increases.
Projected catch associated with the status quo measures still exceeds
the updated sub-ACL, and the proposed alternatives do not change. We
intend to update the model probabilities using the higher, updated sub-
ACL and publish those results with the final rule for this action.
[[Page 12553]]
[GRAPHIC] [TIFF OMITTED] TP22MR18.006
The bioeconomic model's predicted probabilities that catch will
remain at or below the sub-ACLs are informative. The model uses
preliminary data from the Marine Recreational Information Program
(MRIP). MRIP data are updated throughout the fishing year as new data
arrives in different waves and older data is updated. Incorporation of
new waves, or updates, may result in changes. The MRIP data are
estimates and highly variable from year to year. This combination of
factors makes it difficult to produce consistent predictions and to
assess the underlying reasons for the discrepancies between the model's
predicted catch and estimates of actual catch. The model has
underestimated recreational catch historically, but its predictive
power has been increasing in recent years. Recent measures have
resulted in catch close to the sub-ACLs; however, a number of overages
have still occurred. Increasing the probability of maintaining catch
under the sub-ACL provides more confidence that the measures may keep
catch within the sub-ACL despite this data uncertainty.
2. Fishing Year 2018 Georges Bank Cod Recreational Management Measures
As part of Framework 57 to the Northeast Multispecies FMP, the
Council recommended to give the Regional Administrator authority to
adjust the GB cod recreational management measures for fishing years
2018 and 2019. Framework 57 is intended to be implemented for the 2018
fishing year. Concurrent to the Framework 57 rulemaking, which is
expected in March 2018, we are considering whether adjustments to GB
cod recreational measures are necessary, should the framework be
approved. This action was precipitated by an unusually high
recreational catch estimate of GB cod in 2016 that contributed to an
overage of the total ACL and acceptable biological catch. Unlike GOM
cod and haddock, there is no recreational sub-ACL for GB cod and no
accountability measures for the recreational fishery when an overage
occurs. The Council did not consider a recreational sub-ACL in this
action because of a lack of time to consider this issue. However, the
Council recommended a catch target for us to use when considering
adjustments to GB cod measures. The catch target is based on the most
recent 5 year (calendar years 2012-2016) average recreational catch
(138 mt). The Council expects that measures designed to achieve this
target amount for the recreational fishery will help the overall
fishery attain, but not exceed, its overall ACL. According to the 2017
updated assessment the stock remains in poor condition, but the GB cod
stock biomass is increasing and supports an increase in the ACL
consistent with this change. Based on the updated assessment the
proposed 2018 overall ACL is increasing 139 percent compared to 2017.
With the exception of 2013, recreational catch of Georges Bank cod
has been increasing (see Table 4). Recreational management measures for
this stock have not been modified since 2010. For these reasons, we
expect the increasing trend in recreational catch to continue.
[GRAPHIC] [TIFF OMITTED] TP22MR18.007
Since the Council meeting in December 2018, preliminary 2017 wave 6
MRIP data were released. Wave 6 (November-December) encompass the
season for which GB recreational cod catches are historically the
highest. The updated projection for fishing year 2017 recreational
catch of GB cod is 120 percent lower than what was previously estimated
and presented to the RAP and Council. The updated fishing year 2017
estimate is 51 mt. This reduction is not
[[Page 12554]]
consistent with the increasing trend in catch that has been observed
since 2013. Given the inherent variability in the MRIP data, many
recreational fisheries use a moving average when considering measures
for subsequent years. Incorporating the updated 2017 catch estimate,
the 3-year average (fishing years 2015-2017) recreational catch is 196
mt. This average is greater than the catch target, and recreational
catch in 2015 and 2016 was greater than the catch target.
Proposed Measures
Due to the potential increase in cod encounters by recreational
anglers, and the poor stock condition, the Council is recommending
measures to limit the potential for extreme catch amounts of cod and
facilitate enforcement of the measures. To meet this goal, the Council
recommended setting a possession limit for the for-hire fleet.
Currently private anglers have a 10-fish possession limit, and for-hire
vessels have no limit. The proposed change would harmonize the private
and for-hire restrictions while meeting capping potential cod
interactions on a trip-by-trip basis. The Council also proposed an
increase in the minimum size limit from 22 to 24 inches (55.88 to 60.96
cm). The proposed minimum size is consistent with the minimum size for
recreationally caught cod in the GOM when that fishery is open. Also, a
uniform size limit can help avoid confusion and aid enforcement. In
2016, approximately 40 percent of the cod landings were less than 24
inches. Thus, an increase to the minimum size we expect would reduce
cod mortality relative to 2016 catch.
Unlike for the GOM recreational fishery, there is no model
available to evaluate the probability of catch amounts for the Georges
Bank management changes. However, past data shows that setting a
possession limit and increasing the minimum size are effective
techniques for reducing recreational catch. A possession limit will cap
the amount of catch per trip and help meet the goal of limiting extreme
events. Uniform size limits also will limit mortality as well as assist
enforcement. The proposed fishing year 2018 recreational measures for
Georges Bank cod are specified in Table 5, along with information on
fishing year 2017 measures for comparison.
[GRAPHIC] [TIFF OMITTED] TP22MR18.008
We are seeking comments on the Council's trip and size limits in
relation to preventing extreme recreational catches of GB cod,
assisting enforcement, and avoiding the potential negative impacts on
the commercial groundfish fishery from recreational catch that
contributes to overall ACL overages. In particular, we are interested
in the measures in relation to achieving the catch target and avoiding
overages of the overall ACL in light of the new MRIP data and estimated
2017 recreational GB cod catch. Because of the variability in MRIP
data, and the lack of a model to evaluate the effect of the proposed
measures, it is difficult to determine the probability that measures
may constrain harvest to the catch target. Additionally, because the
recreational fishery does not receive an allocation for GB cod, there
are no AMs for recreational vessels in the event the catch target or
the overall ACL is exceeded. For 2018, the commercial groundfish
fishery is required to payback the 2016 fishing year ACL overage.
3. Regulatory Corrections
This action also proposes several corrections to the regulatory
text to improve clarity and consistency of the recreational
regulations. The corrections in this action are proposed under the
authority of section 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.
In Sec. 648.89(c), we have adopted a new approach to present
recreational possession limits to simplify and improve clarity of the
regulations. Rather than stating possession limits and seasons
exclusively through text, a table would be used. Explanatory
information (e.g., filleting exemption from minimum size) would still
be in text form.
In Sec. 648.14(k)(16), we propose to add the possession
prohibitions for ocean pout and windowpane flounder by the recreational
fishery. Possession, by the recreational fishery, of ocean pout and
windowpane flounder is already prohibited. We are adding text to the
prohibitions section to improve consistency and clarity of the
regulations.
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. Thus, this rule is not an
E.O. 13771 regulatory action because this rule is not significant under
E.O. 12866.
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 incorporates sections
[[Page 12555]]
of the preamble (SUPPLEMENTARY INFORMATION) and analyses supporting
this rulemaking, including the Framework Adjustment 57 EA and the draft
supplemental EA to Framework 57. 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 2018 catch to
the cod sub-ACL, this action proposes new measures, as required by the
FMP, to ensure that the previously established sub-ACL is not exceeded.
This action also proposes new recreational measures for Georges Bank
cod. These measures have been designed to achieve the catch target set
in Framework 57.
Statement of the Objectives of, and Legal Basis for, This Proposed Rule
The FMP allows the Regional Administrator, in consultation with the
Council, to modify the GOM 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. One of the intended
effects of this action is to reduce recreational catch of GOM cod. This
action is necessary to ensure that the fishing year 2018 recreational
GOM cod catch limit is not exceeded.
Framework 57, a concurrent action, proposes to give the Regional
Administrator authority to change the Georges Bank cod recreational
management measures for fishing years 2018 and 2019. Framework 57 also
proposed a catch target of 138 mt. Limiting catch to this target amount
is expected to help ensure that the overall ACL for this stock is not
exceeded. Management measures proposed in this action are designed to
achieve, but not exceed this target.
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 (NAICS code 11411) as a firm with
annual receipts (gross revenue) of up to $11.0 million for Regulatory
Flexibility Act compliance purposes only. A small for-hire recreational
fishing business is defined as a firm with receipts of up to $7.5
million (NAICS code 487210). 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
2014-2016. This is the most recent 3-year period for which data are
available. Ownership data in the Northeast permit database 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 all three types of recreational fishing restrictions may
directly affect for-hire businesses. 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. Private recreational
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 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
businesses that hold for-hire permits actively participate in a given
year. The regulations affect the group of business entities who
actively participate, i.e., land fish. Latent fishing power (in the
form of unfished permits) has the potential to alter the impacts on a
fishery. However, it is not possible to predict how many of these
latent business entities will or will not participate in this fishery
in fishing year 2018.
The Northeast Federal landings database (i.e., vessel trip report
data) indicates that a total of 661 vessels held a multispecies for-
hire fishing permit in 2016. This is the most recent full year of
available data. Of the 661 for-hire permitted vessels, only 164
actively participated in the for-hire Atlantic cod and haddock fishery
in fishing year 2016 (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 164 actively participating for-hire vessels are owned by 151
unique fishing business entities. The vast majority of the 151 fishing
businesses were solely engaged in for-hire fishing, but some also
earned revenue from shellfish and/or finfish fishing. For all but 23 of
these fishing businesses, the revenue from for-hire fishing was greater
than the revenue from shellfishing and the revenue from finfish
fishing.
According to the SBA size standards, small for-hire businesses are
defined as firms with annual receipts of up to $7.5 million. Small
commercial finfishing or shellfishing businesses are defined as firms
with annual receipts (gross revenue) of up to $11.0 million. Average
annual gross revenue estimates calculated from the most recent 3 years
(2014-2016) indicate that none of the 151 fishing business entities had
annual receipts of more than $2.8 million from all of their fishing
activities (for-hire, shellfish, and finfish). Therefore, all of the
affected fishing business entities are considered ``small'' based on
the SBA size standards. As a result, this action would 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 does not duplicate, overlap, or conflict with
other Federal rules.
[[Page 12556]]
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
There are three options that were presented to the Council
[(Framework 57 EA and draft Supplemental EA, see ADDRESSES) that would
accomplish the objectives, but are not being proposed. Options 5 and 6
were only discussed by the Council, and while they would achieve the
objective, were not selected. The options presented, but not proposed,
were rejected either because they did not achieve the required cod sub-
ACL, or they had significant negative impacts on the for-hire fleet
(e.g., Option 2, a May closure). The options proposed in this action
minimize, to the extent practical, the impact on small entities.
Table 4--Projected Fishing Year 2018 Recreational Cod and Haddock Catch
Under Alternative Measures
[[Page 12557]]
[GRAPHIC] [TIFF OMITTED] TP22MR18.009
[[Page 12558]]
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: March 16, 2018
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. 648.14, add paragraphs (k)(16)(viii) and (ix) to read as
follows:
Sec. 648.14 Recreational and charter/party vessel restrictions.
(k) * * *
(16) * * *
(viii) Ocean pout. If fishing under the recreational or charter/
party regulations, possess ocean pout.
(ix) Windowpane flounder. If fishing under the recreational or
charter/party regulations, possess windowpane flounder.
* * * * *
0
3. In Sec. 648.89, revise paragraphs (b) and (c) to read as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
(b) Recreational minimum fish sizes--(1) Minimum fish sizes. Unless
further restricted under this section, persons aboard charter or party
boats permitted under this part and not fishing under the NE
multispecies DAS program or under the restrictions and conditions of an
approved sector operations plan, and private recreational fishing
vessels in or possessing fish from the EEZ, may not possess fish
smaller than the minimum fish sizes, measured in total length, as
follows:
------------------------------------------------------------------------
Minimum size
Species -------------------------------
Inches cm
------------------------------------------------------------------------
Cod:
Inside GOM Regulated Mesh Area \1\.. 24 61.0
Outside GOM Regulated Mesh Area \1\. 24 61.0
Haddock:
Inside GOM Regulated Mesh Area \1\.. 17 43.2
Outside GOM Regulated Mesh Area \1\..... 18 45.7
Pollock................................. 19 48.3
Witch Flounder (gray sole).............. 14 35.6
Yellowtail Flounder..................... 13 33.0
American Plaice (dab)................... 14 35.6
Atlantic Halibut........................ 41 104.1
Winter Flounder (black back)............ 12 30.5
Redfish................................. 9 22.9
------------------------------------------------------------------------
\1\ GOM Regulated Mesh Area specified in Sec. 648.80(a).
(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 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.
(3) Fish fillets, or parts of fish, must have at least 2 square
inches (5.1 square cm) of skin on while possessed on board a vessel and
at the time of landing in order to meet minimum size requirements. The
skin must be contiguous and must allow ready identification of the fish
species.
(c) Possession Restrictions--(1) Private recreational vessels.
Persons aboard private recreational fishing vessels in or possessing
fish from the EEZ, during the open season listed in the column titled
``Open Season'' in Table 1 to paragraph (c), may not possess more fish
than the amount listed in the column titled ``Possession Limit'' in
Table 1 to paragraph (c).
(i) Closed season. Persons aboard private recreational fishing
vessels may not possess species, as specified in the column titled
``Species'' in Table 1 to paragraph (c), in or from the EEZ during that
species closed season as specified in the column titled ``Closed
Season'' in Table 1 to paragraph (c).
Table 1 to Paragraph (c)
----------------------------------------------------------------------------------------------------------------
Species Open season Possession limit Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod......................... All Year.......... 10................... N/A.
GOM Cod........................ CLOSED............ No retention......... All Year.
GB Haddock..................... All Year.......... Unlimited............ N/A.
GOM Haddock.................... June 1-September 12................... September 17-October 31; March 1-
16; November 1- April 14; May 1-31.
February 28 (or
29); April 15-30.
GB Yellowtail Flounder......... All Year.......... Unlimited............ N/A.
SNE/MA Yellowtail Flounder..... All Year.......... Unlimited............ N/A.
CC/GOM Yellowtail Flounder..... All Year.......... Unlimited............ N/A.
American Plaice................ All Year.......... Unlimited............ N/A.
Witch Flounder................. All Year.......... Unlimited............ N/A.
GB Winter Flounder............. All Year.......... Unlimited............ N/A.
[[Page 12559]]
GOM Winter Flounder............ All Year.......... Unlimited............ N/A.
SNE/MA Winter Flounder......... All Year.......... Unlimited............ N/A.
Redfish........................ All Year.......... Unlimited............ N/A.
White Hake..................... All Year.......... Unlimited............ N/A.
Pollock........................ All Year.......... Unlimited............ N/A.
N Windowpane Flounder.......... CLOSED............ No retention......... All Year.
S Windowpane Flounder.......... CLOSED............ No retention......... All Year.
Ocean Pout..................... CLOSED............ No retention......... All Year.
--------------------------------------------------------------------------------
Atlantic Halibut............... See paragraph (c)(3)
--------------------------------------------------------------------------------
Atlantic Wolffish.............. CLOSED............ No retention......... All Year.
----------------------------------------------------------------------------------------------------------------
(2) Charter or Party Boats. Persons aboard party or charter boats
in or possessing fish from the EEZ, during the open season listed in
the column titled ``Open Season'' in Table 2 to paragraph (c), may not
possess more fish than the amount listed in the column titled
``Possession Limit'' in Table 2 to paragraph (c).
Table 2 to Paragraph (c)
----------------------------------------------------------------------------------------------------------------
Species Open season Possession limit Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod......................... All Year.......... 10................... N/A.
GOM Cod........................ CLOSED............ No retention......... All Year.
GB Haddock..................... All Year.......... Unlimited............ N/A.
GOM Haddock.................... May 1-September 10................... September 17-October 31; March 1-
16; November 1- April 14.
February 28 (or
29); April 15-30.
GB Yellowtail Flounder......... All Year.......... Unlimited............ N/A.
SNE/MA Yellowtail Flounder..... All Year.......... Unlimited............ N/A.
CC/GOM Yellowtail Flounder..... All Year.......... Unlimited............ N/A.
American Plaice................ All Year.......... Unlimited............ N/A.
Witch Flounder................. All Year.......... Unlimited............ N/A.
GB Winter Flounder............. All Year.......... Unlimited............ N/A.
GOM Winter Flounder............ All Year.......... Unlimited............ N/A.
SNE/MA Winter Flounder......... All Year.......... Unlimited............ N/A.
Redfish........................ All Year.......... Unlimited............ N/A.
White Hake..................... All Year.......... Unlimited............ N/A.
Pollock........................ All Year.......... Unlimited............ N/A.
N Windowpane Flounder.......... CLOSED............ No retention......... All Year.
S Windowpane Flounder.......... CLOSED............ No retention......... All Year.
Ocean Pout..................... CLOSED............ No retention......... All Year.
--------------------------------------------------------------------------------
Atlantic Halibut............... See Paragraph (c)(3)
--------------------------------------------------------------------------------
Atlantic Wolffish.............. CLOSED............ No retention......... All Year.
----------------------------------------------------------------------------------------------------------------
(3) Atlantic halibut. Vessels permitted under this part, and
recreational fishing vessels fishing in the EEZ, may not possess more
than one Atlantic halibut on board the vessel.
(4) Accounting of daily trip limit. For the purposes of determining
the per day trip limit for cod and haddock for private recreational
fishing vessels and charter or party boats, any trip in excess of 15
hours and covering 2 consecutive calendar days will be considered more
than 1 day. Similarly, any trip in excess of 39 hours and covering 3
consecutive calendar days will be considered more than 2 days and, so
on, in a similar fashion.
(5) Fillet conversion. For purposes of counting fish for cod and
haddock for private recreational fishing vessels and charter or party
boats, if fish are filleted, fillets will be converted to whole fish 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.
(6) Application of possession limit. Cod and haddock harvested by
recreational fishing vessels in or from the EEZ with more than one
person aboard may be pooled in one or more containers. If cod or
haddock have been pooled into 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.
(7) Storage. Cod and haddock must be stored so as to be readily
available for inspection.
* * * * *
[FR Doc. 2018-05811 Filed 3-21-18; 8:45 am]
BILLING CODE 3510-22-P
