Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Fishing Year 2018 Recreational Management Measures, 18972-18985 [2018-09163]

Download as PDF 18972 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations Approval of a New Regulatory Exemption for Sectors Comment 1: NSC and NESSN supported the approval of the new gillnet exemption as proposed. NSC and NESSN also state that the Day gillnet fishery in the GOM will benefit from the opportunity to better target monkfish, and state that they expect impacts to the monkfish resource to be minimal. Response: We have granted the exemption, as proposed. Changes From the Proposed Rule This final rule does not include allocations for NEFS 7 or NEFS 9, which were included in the proposed rule. There are no other changes from the proposed measures made in this final rule. amozie on DSK30RV082PROD with RULES Classification Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the NMFS Assistant Administrator has determined that this rule is consistent with the Northeast Multispecies FMP, other provisions of the Magnuson-Stevens Act, and other applicable law. This action is exempt from the procedures of Executive Order (E.O.) 12866. This rule does not contain policies with federalism or ‘‘takings’’ implications as those terms are defined in E.O. 13132 and E.O. 12630, respectively. Because this rule relieves several restrictions, the NMFS Assistant Administrator finds good cause under 5 U.S.C. 553(d)(1) and (3) to waive the 30day delay in effectiveness so that this final rule may become effective May 1, 2018. If this action is not implemented by the start of the 2018 fishing year on May 1, 2018, sectors would not have allocations, and sector vessels would be unable to fish. Sector vessels would be prohibited from fishing for groundfish until this rule was finalized. This would result in significant negative economic impacts. Permit holders make decisions about sector enrollment based largely on allocations to permits that are based on overall available catch. The sector allocations in this rulemaking are based on catch limits set by Framework 57, which incorporates information from updated stock assessments for the 20 groundfish stocks. The development of Framework 57 was timed to rely on the best available science by incorporating the results of the assessments. This information was not finalized, however, until mid-December 2017. By VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 regulation, rosters are required to be submitted by December 1, unless we instruct otherwise. This year, we instructed sectors to provide roster information to us by March 26, 2018, instead of December 1, 2017. This later date was necessary to provide permit holders the opportunity to use the Framework 57 catch limit information to make more fully informed decisions of where they would enroll for this fishing year. Accommodating this need for information required us to delay publishing the proposed and final rules for this action and was unavoidable. Sector exemptions relieve restrictions that provide operational flexibility and efficiency that help avoid short-term adverse economic impacts on North east multispecies sector vessels. These exemptions provide vessels with flexibility in choosing when to fish, how long to fish, what species to target, and how much catch they may land on any given trip. This flexibility increases efficiency and reduces costs. A delay in implementing this action would forego the flexibility and economic efficiency that sector exemptions are intended to provide. Additionally, a delay in this action would delay approval of a new exemption to increase fishing opportunities for monkfish. For all of these reasons outlined above, good cause exists to waive the otherwise applicable requirement to delay implementation of this rule for a period of 30 days. The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. The factual basis for this certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared. Authority: 16 U.S.C. 1801 et seq. Dated: April 26, 2018. Samuel D. Rauch III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service. [FR Doc. 2018–09150 Filed 4–30–18; 8:45 am] BILLING CODE 3510–22–P PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 180201108–8393–02] 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: Final rule. AGENCY: This action adjusts recreational management measures for Georges Bank cod and maintains status quo measures for Gulf of Maine cod and haddock for the 2018 fishing year. This action is necessary to respond to updated scientific information and to achieve the goals and objectives of the Northeast Multispecies Fishery Management Plan. The intended effect of this action is to achieve, but not exceed, the recreational catch limits. DATES: Effective May 1, 2018. ADDRESSES: Analyses supporting this rulemaking include the environmental assessment (EA) for Framework Adjustment 57 to the Northeast Multispecies Fishery Management Plan that the New England Fishery Management Council prepared, and a supplemental EA to Framework Adjustment 57 that the Greater Atlantic Regional Fisheries Office and Northeast Fisheries Science Center prepared. Copies of these analyses 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. SUMMARY: FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Management Specialist, phone: 978–281–9116; email: Emily.Keiley@noaa.gov. SUPPLEMENTARY INFORMATION: Table of Contents 1. Gulf of Maine Recreational Management Measures for Fishing Year 2018 2. Georges Bank Cod Recreational Management Measures for Fishing Year 2018 3. Regulatory Corrections 4. Comments and Responses E:\FR\FM\01MYR1.SGM 01MYR1 18973 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations 1. Gulf of Maine Recreational Management Measures for Fishing Year 2018 Background The recreational fishery for Gulf of Maine (GOM) cod and haddock is managed under the Northeast Multispecies Fishery Management Plan (FMP). For both stocks, the FMP sets a sub-annual catch limit (sub-ACL) for the recreational fishery for each fishing year. These sub-ACLs are a portion of the overall catch limit and are based on a fixed percentage. The groundfish fishery opens on May 1 each year and runs through April 30 the following calendar year. The FMP also includes accountability measures (AM) to prevent the recreational sub-ACLs from being exceeded, or if an overage occurs, to correct its cause or mitigate its biological impact. The proactive AM provision in the FMP authorizes 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. Framework Adjustment 57, a concurrent action, set the groundfish ACLs and sub-ACLs for the 2018 fishing year. For 2018, the recreational GOM haddock sub-ACL increases from 1,160 mt to 3,358 mt, and the recreational GOM cod sub-ACL increases from 157 to 220 mt. Fishing Year 2018 Recreational GOM Measures Recreational catch and effort data are estimated by the Marine Recreational Information Program (MRIP). A peerreviewed bioeconomic model of expected fishing practices, 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. Based on the bioeconomic model, status quo measures were expected to constrain the catch of GOM cod to the sub-ACL only if the Commonwealth of Massachusetts prohibited the possession of GOM cod by recreational anglers in state waters for the 2018 fishing year. In 2017, Massachusetts allowed private anglers to retain one cod (possession by the for-hire fleet was prohibited). In the event that Massachusetts did not prohibit cod possession in 2018, we proposed an additional, more conservative set of measures that were expected to keep cod catch below the sub-ACL. These measures included additional restrictions for GOM haddock to help ensure cod catch was below the sub-ACL. Table 1 summarizes the status quo measures and the two options we proposed for comment. TABLE 1—SUMMARY OF THE STATUS QUO AND PROPOSED MEASURES Proposed measures 1 Fleet Haddock possession limit Minimum fish size (inches) 2017 Status Quo ....... Private ............... For-hire .............. Private ............... For-hire .............. Private ............... 12 fish per angler ...... .................................... 12 fish per angler ...... .................................... 12 fish per angler ...... 17 .................... 17 .................... 17 For-hire .............. 10 fish per angler ...... .................... 2018 Measures 2 ....... 2018 Alternative Not Selected. Probability haddock catch below subACL 3 Predicted haddock catch (mt) Closed season 3/1–4/14 ..................... 9/17–10/31. 3/1–4/14 ..................... 9/17–10/31. 3/1–4/14, 5/1–5/31, 9/ 17–10/31. 3/1–4/14, 9/17–10/31. Predicted cod catch (mt) Probability cod catch below subACL 4 920 100 226 19 916 100 193 57 839 100 198 51 1 GOM cod possession, in Federal waters, is prohibited in all scenarios. option is based on the Commonwealth of Massachusetts prohibiting GOM cod possession by recreational anglers. 2018 GOM haddock sub-ACL is 3,358 mt. 4 The model assumed a GOM cod sub-ACL of 200 mt, the actual GOM cod sub-ACL is 200 mt. 2 This 3 The On March 26, 2018, the Commonwealth of Massachusetts notified us that it is prohibiting recreational anglers from retaining GOM cod beginning on May 1, 2018. Because Massachusetts is prohibiting cod possession, status quo Federal GOM cod and haddock recreational management measures are expected to keep catch within the recreational sub-ACLs, while providing the most access to the healthy haddock stock. Based on the bioeconomic model the probability of status quo measures, combined with Massachusetts’s regulatory change, constraining cod catch to the sub-ACL is greater than 50 percent. As a result, this final rule maintains status quo recreational management measures for GOM cod and haddock for the 2018 fishing year. These measures are summarized in Table 2 below. TABLE 2—GOM COD AND HADDOCK RECREATIONAL MANAGEMENT MEASURES FOR FISHING YEAR 2018 Stock Per day possession limit Minimum fish size GOM Cod .......... amozie on DSK30RV082PROD with RULES GOM Haddock ... Possession Prohibited Year-Round 12 fish per angler .......... 2. Georges Bank Cod Recreational Management Measures for Fishing Year 2018 Background Framework 57 to the Northeast Multispecies FMP authorizes the Regional Administrator to adjust the GB VerDate Sep<11>2014 Season when possession is allowed 17:58 Apr 30, 2018 Jkt 244001 17 inches (43.2 cm) ...... May 1–September 16, November 1–February 28, and April 15–April 30. cod recreational management measures for fishing years 2018 and 2019. This action was precipitated by an increasing trend in recreational catch of GB cod in recent years, including unusually high recreational catch in 2016 that contributed to an overage of the total ACL and acceptable biological catch PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 (ABC). Unlike GOM cod and haddock, there is no recreational sub-ACL for GB cod. Because the recreational fishery does not receive an allocation for GB cod, there are no AMs for recreational E:\FR\FM\01MYR1.SGM 01MYR1 18974 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations vessels in the event the catch target or the overall ACL is exceeded. As a result, the commercial groundfish fishery is required to pay back the 2016 ACL overage. The Council did not consider a recreational sub-ACL in Framework 57 because of a lack of time to fully consider the issue and develop appropriate long-term measures in the FMP. However, as part of Framework 57, the Council recommended a catch target for us to use when considering adjustments to GB cod measures for 2018 and 2019. The catch target is based on a 5-year (2012–2016) average of recreational catch (138 mt) (Table 3). Using a 5-year average to determine the catch target mitigates some of the uncertainty and variability in MRIP data. MRIP provides information on a 2month wave, calendar year basis. Preliminary data are released throughout the year, and final data is released in the spring of the following year. Calendar years 2012–2016 is the most recent 5-year period for which final recreational data are available. The Council expects that recreational measures designed to achieve a target based on this average will help prevent future overages of the ACL. TABLE 3—GEORGES BANK COD RECREATIONAL CATCH, CALENDAR YEARS 2012–2016 Calendar year GB cod catch (mt) 2012 2013 2014 2015 2016 Landings ............................................................................... Discards ............................................................................... Total Catch ........................................................................... 56 1 57 6 1 7 88 2 90 124 15 139 369 30 399 Average ......................................................................... 138 ........................ ........................ ........................ ........................ amozie on DSK30RV082PROD with RULES We evaluate more recent catch in the GB cod fishery for determining what recreational measures may be necessary to achieve the catch target. For this purpose, we used data from fishing years 2015–2017, including preliminary 2017 data, which resulted in average catch of 196 mt. This more current and shorter time-period reflects more recent fishing practices. Using this 3-year average of more recent catch history provides a basis for developing measures that meaningfully address recent fishery trends and practices while reducing the chance of using overly restrictive or permissive measures that could result from relying on a single year’s estimate. Fishing Year 2018 Recreational GB Measures Because the recreational measures currently in place for GB cod are not expected to constrain fishing year 2018 catch to the catch target, we are adjusting management measures for the 2018 fishing year, as recommended by the Council. We consulted with the Council at its January 2018 meeting on potential changes to recreational GB cod measures. Due to the potential increase in cod encounters by recreational anglers, the poor stock condition, and that recreational measures currently in place for GB cod are not expected to constrain fishing year 2018 catch to the catch target, the Council recommended measures to limit the potential for extreme catch of cod to prevent future overages of the ACL. 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, VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 and for-hire vessels have no limit. The Council also proposed an increase in the minimum size limit from 22 up to 24 inches (55.88 up to 60.96 cm). The Council submitted a comment on the proposed rule clarifying that the recommended minimum size was 23 or 24 inches (58.42 cm or 60.96 cm). Unlike for the GOM recreational fishery, there is no model available to evaluate the probability of catch amounts for the Georges Bank management changes. Because of the variability in MRIP data, and the lack of a model to simulate the potential effect of the proposed measures, it is difficult to determine the probability that measures may constrain harvest to the catch target. In such cases, we evaluate past practices and measures to develop limits that are gauged to achieve desired catch amounts. The Council recommended the 10-fish limit as a way to minimize extreme catch events that could have an inordinate effect on exceeding the catch target if left unaddressed. In 2016, less than 1 percent of anglers landed more than 10 fish. The majority (approximately 70 percent in 2016) of anglers retained 1–3 cod. Although the 10-fish limit is not a limiting factor for most anglers, in 2016 approximately 7 percent of trips reported cod catch, per angler, of greater than 10 fish. The intent of the 10-fish possession limit is to eliminate those high catches of cod, and to dis-incentivize the targeting of cod beyond 10-fish per angler. The most recent assessment suggests that the GB cod stock biomass is increasing, likely resulting in increased catch rates in the recreational fishery and potentially more high catch incidences. Overall, PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 however, the stock remains in poor condition. The Council also recommended an increase to the minimum size up to 24 inches (60.96 cm) that is expected to reduce cod mortality relative to recent years. In 2016, approximately 40 percent of the cod landings were less than 24 inches (60.96 cm), and about 22 percent were less than 23 inches (58.42 cm). Because a proportion of released fish die, the mortality reduction is not equal to the amount of released fish. Currently we assume that 30 percent GB cod released by recreational anglers die. Based on these mortality assumptions and catch data, a 2-inch (5.08-cm) increase to the minimum size would have been necessary to constrain harvest to the catch target based on the preliminary data available when the Council made its recommendation. This data included final fishing years 2015 and 2016 data, preliminary 2017 data, and projections to estimate harvest for the remainder of the fishing year. Based on the updated 2017 catch data, less reduction is necessary. As a result, we determined that increasing the minimum size by 1 inch (2.54 cm), to 23 inches (58.42 cm), is expected to achieve the necessary reduction in cod catch and minimize discards of undersized fish, while preserving recreational fishing opportunities to the extent practicable. Effective May 1, 2018, the recreational bag limit of GB cod will be 10 fish for private and for-hire modes. The possession limit applies per day at sea. Multiday trips are allowed to retain the possession limit multiplied by the number of days of the trip. For example, if a for-hire vessel conducts a 2-day trip, anglers would be able to retain up to 20 E:\FR\FM\01MYR1.SGM 01MYR1 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations cod per person (10 fish, per person, per day). The minimum size for GB cod will be increased to 23 inches (58.42 cm). These measures are summarized in Table 4, along with information on the current measures for comparison. We 18975 will reevaluate these measures, and make necessary adjustments for the 2019 fishing year. TABLE 4—GEORGES BANK COD RECREATIONAL MANAGEMENT MEASURES FOR FISHING YEAR 2018 AND STATUS QUO (FISHING YEAR 2017) MEASURES Minimum fish size (inches) Alternatives Fleet Georges Bank Cod possession limit Status Quo ...................................... Private ............................................ For-hire ........................................... Private ............................................ For-hire. 10 ................................................... Unlimited. 10 ................................................... 2018 Measures ............................... amozie on DSK30RV082PROD with RULES 3. Regulatory Corrections This rule makes two regulatory corrections under the authority of section 305(d) of the Magnuson-Stevens Fishery Conservation and Management Act, which allows the Secretary of Commerce to promulgate regulations necessary to ensure that the FMP is carried out in accordance with the Magnuson-Stevens Act. These administrative corrections are necessary and consistent with the FMP’s goals and objectives. In § 648.89(c), we added a table to summarize the recreational possession limits. This change is intended to simplify and improve clarity of the regulations. In § 648.14(k)(16), we added the possession prohibitions for ocean pout and windowpane flounder by the recreational fishery. Possession of ocean pout and windowpane flounder is already prohibited; however, these prohibitions were omitted from the prohibitions section of the regulations. This correction is intended to improve consistency and clarity of the regulations. 4. Comments and Responses We received 47 comments on the proposed rule. Two of the comments were not related to the proposed measures and are not discussed further. We received comments from the Council, the Stellwagen Bank Charter Boat Association (150 members), the National Party Boat Owners Alliance, the Recreational Fishing Alliance, the Connecticut Charter and Party Boat Association, the Rhode Island Party and Charter Boat Association (65 members), the Rhode Island Saltwater Anglers Association, and 39 members of the public. Twenty-two comments were on the proposed measures for GB cod, 32 comments addressed the proposed GOM measures, and some of these comments addressed both GOM and GB proposed measures. Only one individual supported the proposed GB cod VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 measures, and a number of commenters supported a more conservative approach that would better align GB and GOM cod measures. The remaining comments supported status quo measures for GB cod. Two individuals and two organizations supported the proposed split of private and for-hire measures for GOM haddock. The remaining comments on GOM measures supported status quo Federal measures, or a liberalization of cod limits. Gulf of Maine Management Measures Comment 1: The Stellwagen Bank Charter Boat Association requested that we eliminate the closed season for GOM haddock from September 17 through October 31 based on the increase in the GOM haddock sub-ACL and a decrease in effort during this period. Alternatively, they suggested that we consider reducing the GOM haddock bag limit from 12 fish to 6 fish during this period to allow anglers to take home some haddock while fishing for non-groundfish species. Response: Due to the co-occurrence of cod and haddock, the similarity in gear, and fishing techniques used to target them, it is difficult to simultaneously decrease cod catch, while increasing haddock catch. Using the bioeconomic model, we analyzed a wide variety of seasons and possession limits for haddock. The goal of the model is to maximize opportunities to target haddock while keeping cod catch within the sub-ACL. Based on the model results, we determined that both the spring and fall closures are necessary to constrain the catch of cod to the subACL. Even when the haddock possession limit was decreased significantly, it did not allow for more open haddock seasons. Status quo measures will remain in place for the 2018 fishing year. This was the least constraining option possible for the GOM recreational fishery in the 2018 fishing year. PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 Open season 22 5/1–4/30 23 5/1–4/30 Comment 2: Six individuals commented on the increasing number of haddock and cod they are encountering while fishing recreationally in the GOM. Individuals also pointed to the increasing quotas for both GOM cod and haddock. When referring to GOM haddock, all of these comments questioned the rationale for proposing more restrictive management measures for a healthy and abundant stock. Response: The 2017 assessment updates for GOM cod and haddock concluded that both haddock and cod populations in the GOM are increasing. GOM haddock biomass is well above the target level; however, GOM cod is still at low levels. As described in the response to Comment 1, cod and haddock are often caught together when recreationally fishing for groundfish in the GOM. Although the assumed discard mortality rate for GOM cod is only 15 percent, the mortality associated with cod bycatch in the directed GOM haddock fishery has resulted in cod catch greater than the recreational subACL in 4 of the last 5 years. Preliminary 2017 data suggests that the 2017 subACL for GOM cod would be exceeded by 55 percent despite a complete closure of the Federal cod fishery. The bioeconomic model projected 2018 cod catch greater than the cod sub-ACL in all scenarios where we modeled less restrictive haddock measures. Status quo measures for the 2018 fishing year are the least restrictive option for GOM recreational measures that allows the fishery to achieve, but not exceed, its sub-ACLs. This final rule maintains status quo measures. We are supporting a variety of cooperative research to improve our understanding of recreational fisheries in order to increase fishing opportunities while we continue to rebuild the cod stock. Current examples include an evaluation of discard mortality, a cod bycatch avoidance program, and a study of different tackle and its impact on catch rates. E:\FR\FM\01MYR1.SGM 01MYR1 amozie on DSK30RV082PROD with RULES 18976 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations Comment 3: Ten individuals and the National Party Boat Owners Alliance supported status quo measures for the GOM haddock fishery. Response: We agree, and this final rule maintains status quo measures for the 2018 fishing year. The proposed rule included an option that would have further restricted GOM haddock measures. The proposed changes were only necessary if the Commonwealth of Massachusetts continued to allow private anglers to retain one cod in 2018. Since the proposed rule for this action was published, Massachusetts decided to prohibit the retention of GOM cod by recreational anglers to complement Federal measures and maximize access to the abundant GOM haddock stock. Comment 4: Two individuals, the Recreational Fishing Alliance, and the Rhode Island Party and Charter Boat Association supported the splitmeasures proposed for GOM haddock for private anglers and the for-hire fleet because these measures would have allowed the for-hire fleet to continue operating in May, which is an important month for the haddock fishery. These individuals and organizations only supported the split measures in the event that more restrictive measures were necessary. However, four commenters opposed the split-measures proposed for GOM haddock because private anglers do not catch as much cod as the for-hire component of the fishery. Response: Because Massachusetts decided to prohibit the retention of GOM cod by recreational anglers, the more restrictive GOM haddock measures, including the split measures, are not necessary. Federal measures will remain status quo for the 2018 fishing year. These measures are the least restrictive of our options that will allow the most access to GOM haddock for all components of the recreational fishery in Federal waters. The month of May will remain open to haddock fishing for all anglers, at the current possession limit of 12-fish per person. In 2016 and 2017, private recreational anglers accounted for 71 and 82 percent, respectively, of the total recreational cod catch in the Gulf of Maine. While the number of anglers on any one private boat is less than a party vessel, the number of private vessels targeting groundfish in the Gulf of Maine is significantly more than the number of for-hire vessels. The number of cod caught per angler on private vessels is also greater than when compared to party vessels. In 2017, the average number of cod caught on a private vessel was 5.9 fish per person, on party VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 vessels the average number of cod caught was 1.6 per person. These recent data suggest that the forhire fleet has been able to avoid cod bycatch when fishing for haddock more effectively than private anglers. As a result, if more restrictive measures for GOM haddock were necessary in 2018, the Council recommended split measures for private anglers and the forhire fleet. The Council intended the split measures to maximize fishing opportunities for haddock as much as possible for both components of the recreational fishery. Although the more restrictive, split measures are not necessary in 2018, consideration of different measures for private anglers and the for-hire fleet in the future may be appropriate and warranted. Comment 5: Fifteen individuals commented on the disparity between proposing GOM cod and haddock recreational limits while the fishing year 2018 GOM cod and haddock commercial quotas are increasing. Response: We recognize the perceived discrepancy because the Federal GOM recreational measures are not being liberalized and commercial quotas are increasing. However, we have to take into account the recreational fishery’s recent past overages when considering what measures are warranted. Each year, we are required to set recreational management measures designed to achieve, but not exceed, the recreational sub-ACLs. Sometimes increasing subACLs will allow us an opportunity to raise recreational limits or remove restrictions. Other times, particularly when a sub-ACL may still be at a lowlevel despite an increase, we cannot. This year is an example of when the GOM cod sub-ACL requires us to maintain recreational limits on both GOM cod and haddock to prevent an overage of the relatively lower recreational GOM cod sub-ACL. Framework 57 sets the 2018 ACLs based on updated 2017 assessments. According to the 2017 stock assessments, the GOM cod and haddock stocks are increasing, although cod remains overfished and subject to a rebuilding plan. The assessments support increasing the overall ACL for both GOM cod and haddock in 2018, including both the recreational and commercial allocations. The increases for each stock differ substantially. For 2018, the haddock recreational sub-ACL increases by 290 percent, from 1,160 mt to 3,358 mt. The cod sub-ACL remains relatively low, however, and increases a much smaller amount from 157 to 220 mt. The recreational sub-ACLs are based on a fixed percentage of the total catch limit. PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 When considering potential measures for 2018, more liberal measures for GOM haddock were not likely to keep cod bycatch within the recreational subACL, even when maintaining the prohibition on possession of GOM cod. Status quo measures were the least restrictive measures possible for 2018 that are expected to achieve the increased cod sub-ACL, with an approximately 57-percent chance of not exceeding the sub-ACL. In fishing year 2017, GOM cod catch (based on preliminary data) is estimated to be 226 mt, which is significantly more than the 2017 GOM cod sub-ACL, and slightly greater than the 2018 sub-ACL. While it is difficult to predict the performance of recreational measures, the bioeconomic model has underestimated recreational catch historically. Increasing the probability of maintaining catch under the sub-ACL provides more confidence that measures successfully keep catch within the sub-ACLs despite the inherent uncertainty in recreational data. Comment 6: Four individuals pointed out the differences between the more liberal recreational management measures for GB cod as compared to more restrictive measures for GOM cod. The commenters stated that this difference in management measures was unfair to anglers in the Gulf of Maine. Response: Currently, cod is managed as two distinct stocks, GOM and GB. The recreational management measures are designed to achieve, but not exceed, the catch limits for each stock. The 2018 acceptable biological catch (ABC) for GB cod is 1,591 mt, the 2018 GOM cod ABC is 703 mt. The different management measures for GOM and GB cod are based on the different catch history and catch limits. Catch of GOM cod, even when the possession limit has been zero, is significantly more than GB cod catch. In 2017, estimated catch of GB cod, in numbers, was 97,871 fish, and in the GOM estimated catch was 768,134 fish. There are also significantly more angler trips targeting cod and haddock in the GOM than GB. In 2017, approximately 151,000 angler trips were takin in the GOM compared to 62,000 in GB. Another significant factor in the distinction between management measures for GOM and GB cod is that the recreational GOM fishery is allocated GOM cod and is subject to AMs. The GB recreational cod fishery is not allocated quota, and is not subject to AMs in the event of a quota overage. The Council may revisit the allocation determinations in the future. There is some uncertainty regarding the GOM and GB cod stock structure, degree of connectivity, and mixing. E:\FR\FM\01MYR1.SGM 01MYR1 amozie on DSK30RV082PROD with RULES Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations Because of these uncertainties, and the potential management implications, the Council has planned a workshop to examine the stock structure of cod in the region. Until the stock structure and assessments are revisited, we are required to base management measures on the current stock determinations and corresponding catch limits, which is the best scientific information available. Future measures, and the relationship between GOM and GB cod management, may change depending on the outcome of the stock structure workshops. Comment 7: Five individuals opposed the continued closure of the recreational GOM cod fishery, and instead suggested a range of possession limits from 1 to 5 cod. Commenters also recommended a variety of size limits and seasons. Response: When 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. Allowing the possession of one cod, even for a limited season, is projected to result in an overage of the 2018 recreational cod sub-ACL. Additionally, although recreational measures are set each year to prevent overages, the recreational fishery has exceeded their sub-ACL of cod in 4 of the last 5 years. The status quo measures maintained through this final rule are expected to constrain cod catch within the recreational sub-ACL, with a 57-percent chance of success. Based on all of the available data, these measures are the least restrictive for the 2018 fishing year that provide the maximum amount of fishing opportunities for other stocks, while keeping catch within the recreational sub-ACL. The most recent assessment of GOM cod suggests that the stock is increasing, but remains at a low level. If this increasing trend continues, we expect additional stock rebuilding to provide increased opportunities for recreational and commercial fishermen in the future. Although the recreational sub-ACL for GOM cod is constant for the next 3 years, we will evaluate recreational measures again before the 2019 fishing year to make any necessary adjustments. Comment 8: The Stellwagen Bank Charter Boat Association and one individual raised questions about the number of private angler trips estimated by MRIP. These commenters believe that the MRIP estimate is biased high resulting in an overestimation of catch. One individual opposed the GOM management measures based on his observation of a limited number of private vessels fishing recreationally in the GOM. VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 Response: Both the Recreational Advisory Panel (RAP) and the Council have discussed the number of angler trips estimated by MRIP. In 2017, the estimated number of angler trips in the GOM on private vessels was greater than 1.1 million. Of these trips, an estimated 108,000 were estimated to be targeting cod and haddock. The GOM is a large region, and while some areas may have a limited number of anglers, the overall amount of effort is high. At recent recreational meetings, and in its comment on the proposed rule for this action, the Stellwagen Bank Charter Boat Association estimated that the number of 2017 angler trips from MRIP would mean that there were 176 vessels fishing per day, every day from April 15 to September 15. This calculation assumes that no private anglers fish after the fall closure, or during closures in state waters, and that vessels have an average of 4 people on board, and it is not clear if these assumptions are reasonable. While there are some uncertainties with MRIP data, including the estimated number of angler trips, MRIP is currently the best scientific information available. At the January 2018 RAP meeting, the RAP proposed a dedicated survey to gauge the amount of private angler effort, although the Council did not discuss this proposal further. Additionally, there are improvements being made to the MRIP sampling protocols that should improve the estimates of recreational effort, including the estimated number of private angler trips. Comment 9: Five individuals commented that private anglers can more effectively avoid cod by-catch when fishing for haddock than the forhire fleet. Response: We disagree. In 2016, the average number of cod caught per angler on party boats was 4.5, and in 2017 this dropped to 1.6, representing a decrease of 64 percent. On charter boats, the average number of cod caught per person was 10.9 in 2016, and 5.9 in 2017, which is a reduction of 46 percent. Private anglers caught an average of 5.8 cod per person in 2016. In 2017, private anglers caught roughly the same number, 5.9 fish per person, which is a slight increase of 2 percent. While there is uncertainty in the estimates provided by MRIP, it is likely that the trends are representative. The data from 2016 and 2017 suggest that on average, the for-hire modes of the fishery were able to significantly reduce cod catch per person, while private anglers continued to catch approximately the same number of cod. PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 18977 Georges Bank Cod Recreational Measures Comment 10: The Council clarified that its recommendation to ‘‘increase the minimum size fish from 22 inches (55.88 cm) up to 24 inches (60.96 cm)’’ meant it would support a revised minimum size of 23 (58.42 cm) or 24 (60.96 cm) inches. Response: As discussed already in the preamble of this rule, this final rule implements a minimum size of 23 inches (58.42 cm) for GB cod consistent with the Council’s recommendation. The proposed rule to this action included a minimum size of 24 inches (60.96 cm) for GB cod. Although we did not specifically propose a minimum size of 23 inches (58.42 cm) as an alternative, a 23 inch (58.42 cm) minimum size was within the range of alternatives evaluated in Section 5.1 of the supplemental EA (see ADDRESSES). Unlike the Gulf of Maine fishery, we do not have a model to predict catches, and evaluate impacts. We used the most recent 3-year average as an estimate of current catch, and compared that estimate to the catch target. Based on that comparison we determined that we needed to make regulatory changes to reduce catch. In order to determine 2018 management measures, we evaluated trends in the fishery to determine what size and possession limits would be effective. We analyzed total catch, and landings in each mode of the fishery, as well as the size of fish being landed. Based on this analysis we have determined that a 23-inch (58.42-cm) minimum size, coupled with a 10-fish possession limit for all modes of the fishery is expected to result in catch close to the catch target. Comment 11: Eighteen individuals and organizations commented that MRIP data varies too much and is an unreliable source of information for the development of management measures. Individuals pointed out that the low estimates (e.g. 2013) and high estimates (e.g. 2016) are not accurate estimates of the catch and should not be used as the basis for management. Some comments provided specific examples of errors with the MRIP dataset, such as the high estimate of shore catch from New Jersey in 2016. Response: All surveys have degrees of certainty that accompany them depending on different factors including how many people were surveyed. We agree that the annual MRIP point estimates of GB cod catch, like any survey catch estimates, include a degree of uncertainty. Some uncertainty in the GB cod estimates result from the small sample size relative to the population of E:\FR\FM\01MYR1.SGM 01MYR1 amozie on DSK30RV082PROD with RULES 18978 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations recreational anglers. However, we considered MRIP data uncertainty or variability when developing the recreational fishery’s management measures. Because of the known variability in annual point estimates, many recreational fishery management plans use a 3-year moving average to evaluate past catch and determine future management measures. For GB cod recreational catch, we determined that averaging the data over numerous years helps address uncertainty in the survey. The use of an average smooths the high and low estimates, and provides a more accurate picture of fishery conditions and trends. Estimates of catch and effort must be used because it is not possible to have a complete census of all recreational anglers to capture all catch and every angler trip. MRIP is the method used to count and report marine recreational catch and effort. In January 2017, the National Academies of Science released their latest review of MRIP and recognized NMFS for making ‘‘impressive progress’’ and ‘‘major improvements’’ to MRIP survey designs since the 2006 review of MRIP. While there are some remaining challenges to MRIP surveys, we continue to make improvements including transitioning from the Coastal Household Telephone survey to the Fishing Effort Survey, which will further improve our estimates of recreational fishing effort. Although estimates from MRIP are uncertain and variable to a degree, MRIP is currently the only source of information we have to estimate effort and catch by private recreational anglers, and is therefore the best scientific information available. As also described earlier in responses to comments on the GOM measures, we are exploring recommendations made by the RAP that would supplement the for-hire dataset. We also expect revised MRIP estimates based on the improved methodology to be released later this year. We have taken into account the uncertainty issues in the current dataset and are actively working to improve the information we use to make management decisions. In the interim, we plan to use approaches that minimize the impacts of outliers and variability. Comment 12: One individual supported reducing the recreational catch of GB cod, but suggested that the possession limit should be more restrictive than 10 fish. The commenter noted the recreational fishery is being rewarded for overharvesting GB cod, and that the catch target should be set at a lower level consistent with catches in 2012 or before. VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 Response: In 2016, unusually high recreational catch reflected in the MRIP data resulted in an overage of the GB cod U.S. ABC. This overage prompted the Council to develop a short-term plan to address recreational GB cod catch, which included the recommendation of a catch target to guide the development of management measures. The catch target (138 mt) was not developed, proposed, or approved as part of this action. Additional information on the catch target can be found in Framework 57. The Council developed the catch target based on a 5-year average, and provided us the limited authority for 2018 and 2019 to adjust recreational GB cod management measures to cap GB cod catch at this level. In this action, we only have the ability to revise the management measures relative to the catch target. The measures we plan to implement have been designed to constrain GB cod catch by the recreational fishery and prevent its catch from contributing to exceeding the overall GB cod ACL. The recreational fishery does not have an allocation (subACL) of GB cod; therefore, there is no mechanism to hold that fishery accountable for any overages that may occur. The Council may choose to review recent recreational catch and determine if an allocation, and associated management and AMs, are appropriate for this fishery in a future management action. The Council would consider the performance of the management measures implemented in this final rule in developing long-term measures for the GB cod recreational fishery. Comment 13: One individual suggested that limiting the gear types allowed to catch haddock would reduce cod bycatch better than limiting seasons. Response: We agree that fishing methods may be an important factor influencing the bycatch rate and mortality of cod. Research is exploring the impacts of different tackle and fishing methods on discard mortality and catch rates. We continue to support (fund and participate in) these efforts so that gear modification can be used in the future as a potential tool to manage recreational fisheries. At this time, we do not have the information required to make modifications to the management measures. We will continue to support innovative gear research. Comment 15: The National Party Boat Owners Alliance, Recreational Fishing Alliance, Rhode Island Saltwater Anglers Association, Connecticut Charter and Party Boat Association, and eleven individuals supported status quo PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 measures for GB cod. The commenters pointed to the preliminary 2017 GB cod MRIP data, and the new estimate of 2017 GB cod catch of 51 mt. The commenters cite the 2017 estimate as evidence that GB cod catch is not increasing, and that the status quo measures should be maintained, or even more liberal measures considered. Response: We determined that averaging numerous years of MRIP estimates better takes into account uncertainty in the MRIP data than using estimates from a single year or part of a year. We considered the preliminary 2017 wave 6 MRIP data, which became available after the Council developed its recommendations, to determine appropriate measures for the 2018 fishing year. Consistent with averaging multiple years of data, we did not rely solely on the wave 6 estimate because it is a single data point. Nor did we rely on any other single annual estimate. Even when incorporating the low preliminary 2017 estimate into the 3year average catch calculation, the result is greater than the catch target selected by the Council. The most recent 3-year average (2015–2017) is 196 mt, compared to the 2018 catch target of 138 mt. Additional rationale is provided in the preamble of the proposed and final rule. Comment 14: Two individuals opposed the GB cod recreational catch target because the catch target is being set at a stable level while the total GB cod ACL is increasing. Additionally, two individuals and the Rhode Island Party and Charter Boat Association questioned the use of fishing year data to calculate average catch when it is being compared to a catch target that is calculated with calendar year data. Response: The approval of the recreational GB cod catch target was not included in this rule. It was part of Framework 57. Because the catch target is not part of this action, these comments are outside the scope of the measures approved in this final rule. However, because we use the recreational catch target to set recreational management measures, additional background on the catch target is included below. More specific responses to comments on the catch target have been included as part of the Framework 57 final rule. The Council recommended a catch target calculated using the average of 5 calendar years of catch estimates from the most recent GB cod assessment. We do not use calendar year catch, but instead use fishing year data to estimate catch based on the most recent 3-year average catch. We selected the most recent fishing year data to estimate E:\FR\FM\01MYR1.SGM 01MYR1 amozie on DSK30RV082PROD with RULES Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations catch because it allows us to include the preliminary 2017 catch estimate in the average. While the general trend is that recreational catch is increasing, the preliminary 2017 data indicate 2017 catch is lower than the unusually high catches in 2016 and more consistent with the general trend. The catch estimates are different depending on the months included in the estimate. For example, the calendar year estimate for 2016 includes data from January 2016 through December 2016, whereas the fishing year 2016 estimate includes data from May 2016 through April 2017. This naturally results in different estimates, particularly for GB cod, because the fishing season is concentrated at the end of the calendar year. However, despite small differences, the calendar year and fishing year estimates are relatively similar each year. Further, regardless of what combination of calendar year and fishing year estimates are used, the result is that recent catch exceeds the 5year average catch target. As a result, and as more fully described in the preamble above, this final rule adjusts recreational management measures for the 2018 fishing year to ensure recreational catch does not exceed the catch target that the Council identified. Comment 15: Eight individuals commented that the implementation of a 10-fish possession limit for the charter and party vessels would have a negative impact on their businesses. In addition, they stated that the possession limit would not actually affect cod catch, and that it was a ‘‘feel good’’ measure to appease other fisheries. Response: Implementing a bag limit in the for-hire mode may impact these businesses negatively, primarily due to the shift in the marketing strategy because currently these vessels can market ‘‘unlimited cod.’’ However, a 10fish bag limit is not limiting for the majority of customers. In 2016, less than 1 percent of anglers landed more than 10 fish. The majority (approximately 70 percent in 2016) of anglers retained one to three cod. Although the 10-fish limit is not a limiting factor for most anglers, in 2016 approximately 7 percent of trips reported cod catch, per angler, of greater than 10 fish. The intent of this possession limit is to eliminate high catches of cod, and the potential for high catches of cod, that could contribute to exceeding the target. The most recent stock assessment suggests that the GB cod stock biomass is increasing, likely resulting in increased catch rates in the recreational fishery and potentially more high catch trips. In addition, the per person possession limit applies per day. Therefore, multiday trips are allowed to retain the VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 possession limit times the number of days-at-sea fished. For example, if a forhire vessel takes a 2-day trip offshore, anglers can retain up to 20 cod per person (10 fish, per person, per day). This may ease some of the concerns expressed by some for-hire industry members relative to longer, offshore trips. Comment 16: The Stellwagen Bank Charter Boat Association and six individuals commented on the connectivity between the GOM and GB cod stocks. These commenters were concerned that the difference between GOM and GB recreational management measures allows anglers to target GOM cod when they are in southern New England, further hindering the recovery of this stock, and creating an inequity between the GOM and GB anglers. Response: The connectivity between the GOM cod stock and cod in Southern New England (currently considered GB cod) has been well documented in the scientific literature, though there is uncertainty in the degree of that connectivity. The relationship between cod in these regions is not currently included in the stock assessments or management programs. However, efforts are underway to examine the connectivity and implications. A workshop to analyze the population structure of cod is planned for this fall. Additional information on the working group can be found here: https:// www.nefsc.noaa.gov/saw/acsswg/. These efforts may lead to changes in the assessments or management of these stocks. We agree that this is an important issue and one that will require input from the scientific community and industry to resolve. At this time, the cod population is managed and assessed as two distinct stocks (GOM and GB), and this rule only implements management measures to achieve the sub-ACL for GOM cod and catch target for GB cod. Comment 17: The Stellwagen Bank Charter Boat Association, Rhode Island Party and Charter Boat Association, and six individuals disagreed that the proposed minimum size limit increase from 22 to 24 inches (55.88 to 60.96 cm) would improve compliance (an enforcement benefit) and better align management measures for the two cod stocks, particularly because the GOM is closed to cod fishing. Response: We agree that the compliance benefit is likely negligible at this time because the GOM recreational cod fishery will be closed in Federal and state waters in fishing year 2018. However, if both fisheries were open, different management measures for the same species may be confusing to PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 18979 anglers, and is difficult to enforce, resulting in compliance issues. We have determined that a minimum size of 23 inches (58.42 cm) is more appropriate for GB cod for this year. If the GOM recreational cod fishery opens in the future, the Council may consider how to align management measures for GOM and GB in any recommendations it makes to us. Comment 18: The Recreational Fishing Alliance, Rhode Island Party and Charter Boat Association, Rhode Island Saltwater Anglers Association, Connecticut Charter and Party Boat Association, and seven individuals opposed the proposed increase in minimum size from 22 to 24 inches (55.88 to 60.96 cm). The commenters noted the new minimum size would increase regulatory discards and could cause effort on GB cod to increase as anglers attempt to catch larger cod. These commenters did not feel that changing the size limit would be an effective tool to control mortality of GB cod, and would result in long-term consequences for the fishery. Response: The minimization of discards is an overall objective of U.S. fisheries management (National Standard 9). Increasing the minimum size is likely to result in an increase in regulatory discards. However, the amount discards would increase is difficult to estimate because it is not only related to the minimum size, but the structure of the cod population. For example, a large year-class of cod propagating through the fishery may be greater than the minimum size, and may represent the majority of fish available to the fishery. In this scenario, discards may decline or remain constant despite an increase in the minimum size. The implementation of a 23 inch (58.42 cm) minimum size, as opposed to 24 inches (60.96 cm), is an attempt to balance these competing issues. While minimizing discards is important, the overall reduction of mortality is more important. The current GB cod assessment assumes that 30 percent of fish discarded in the recreational fishery die, meaning that 70 percent survive. So, although discards may increase as a result of this action, the majority of these fish survive. Previously, the Council had recommended a non-binding prioritization of possible measures recommended for consideration when developing recreational management measures. 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 E:\FR\FM\01MYR1.SGM 01MYR1 18980 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations amozie on DSK30RV082PROD with RULES seasons. This prioritization was considered when determining what type of management changes should be considered for GB cod. Comment 19: The Recreational Fishing Alliance, National Party Boat Owners Alliance, and three individuals disagreed that recreational GB cod catch is increasing. These commenters suggest that the increasing trend is only seen ‘‘on paper’’ and the reality is that recreational catches have been consistent over the past 10 years. Response: The annual estimates of GB cod recreational catch are highly variable; however, the data available suggest an increasing trend in GB cod catch, since a low in 2013. This trend is reasonable to believe given the increasing GB cod stock, and the closure of the GOM to recreational cod fishing. Estimated recreational GB cod catch, from the 2017 assessment, depicts increasing recreational catch from 2007 to 2011, low catches in 2012 and 2013, followed by a sharp increase through 2016. It is difficult to resolve long-term trend in the fishery, particularly given the variability of the MRIP estimates, the impacts of the stock size, and other factors that may influence an angler’s decision to fish recreationally. Given the uncertain impact of these variables, we have decided to compare the most recent 3-year average to the Council’s proposed catch target. We have the flexibility to adjust measures for the 2019 fishing year if updated catch information alters the outcome of this analysis. Classification The Administrator, Greater Atlantic Region, NMFS, determined that these measures are necessary for the conservation and management of the Northeast multispecies fishery and that the measures are consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws. This final rule has been determined to be not significant for purposes of Executive Order (E.O.) 12866. This rule is not an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866. This final rule does not contain policies with Federalism or takings implications as those terms are defined in E.O. 13132 and E.O. 12630, respectively. Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for Fisheries finds good cause to make this rule effective May 1, 2018. This final rule implements reductions from the current recreational management measures for GB cod that will remain in place until VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 this rule is effective. Delaying the effective date of this rule increases the likelihood that recreational catch in the 2018 fishing year will exceed the catch target, and potentially contribute to an overage of the overall ACL. In fishing year 2016, the GB cod ACL and ABC were exceeded. GB cod is overfished and overfishing is occurring, and it is critical that the 2018 recreational management measures, which will reduce cod mortality, go into effect with the start of the fishing year to ensure that the catch limit is not exceeded again. Thus, delaying implementation of these measures would be contrary to the public interest of ensuring that GB cod catch limits are not exceeded. The Northeast Multispecies fishing year begins on May 1 of each year and continues through April 30 of the following calendar year. Altering recreational management measures too far after the season has begun is problematic because it negatively impacts business planning for the forhire segment of the fishery, causes confusion in the fishery, and may result in less compliance with the regulations. NMFS could not have finalized this action earlier because of the availability of recreational data from MRIP. We, in consultation with the Council, develop recreational management measures using MRIP data. Effort and catch in the current fishing year is used to gauge performance relative to the catch limits, and for GOM cod and haddock MRIP data is used in the bioeconomic model to evaluate management options. The collection and processing of recreational data creates a very compressed period for development and consideration of options, consulting with the Council process, and completing proposed and final rulemaking. MRIP data is collected on a calendar year basis in 2-month waves. Preliminary data from the summer and fall, when recreational effort is significant, is not available until December, so analyses are not ready until January at the earliest. We consulted with the Council in January 2018. On January 31, 2018, the Council voted to recommend to us the suite of recreational measures we are implementing. In addition to this consultation process, we must fully evaluate and analyze the measures under consideration. This involves not only the bioeconomic model output presented in January, but also includes an environmental analysis of the recommended measures, consistent with the National Environmental Policy Act (NEPA) requirements, and a systematic review of compliance with other applicable laws. In order to evaluate the impact of the 2016 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 recreational catch overages, and the proposed management alternatives, we needed to consider them in the context of total catch and catch limits. Final data on commercial catch of GOM and GB cod and haddock, and the portion of the catch limit that was caught, was not available until February 2018. For the reasons outlined, NMFS finds that there is good cause to waive the requirement to provide a 30-day delay in implementation. Regulatory Flexibility Act (RFA) A final regulatory flexibility analysis (FRFA) was prepared for this action. The FRFA incorporates the IRFA and a summary of the analyses completed to support the action. NMFS did not receive any comments that were specifically in response to the IRFA. The FRFA incorporates sections of the preamble (SUPPLEMENTARY INFORMATION) and analyses supporting this rulemaking, including the Framework Adjustment 57 EA and the supplemental EA to Framework Adjustment 57 (see ADDRESSES). A description of the action, why it is being considered, and the legal basis for this action are contained in the supplemental information report and preamble to the proposed rule, and are not repeated here. A summary of the analyses follows. A Summary of the Significant Issues Raised by the Public in Response to the IRFA, a Summary of the Agency’s Assessment of Such Issues, and a Statement of Any Changes Made in the Final Rule as a Result of Such Comments Our responses to all of the comments received on the proposed rule, including those that raised significant issues with the proposed action can be found in the Comments and Responses section of this rule. In the proposed rule we solicited comments on two options for GOM cod, and one option for GB cod. The majority of comments supported implementing the measures that the NEFMC recommended for the GOM (status quo), and opposed changes to the GB cod recreational management measures. There were no comments that specifically addressed the IRFA. Description and Estimate of the Number of Small Entities to Which This 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 E:\FR\FM\01MYR1.SGM 01MYR1 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations amozie on DSK30RV082PROD with RULES 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 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 VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 ‘‘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 fish for 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 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 forhire fishing was greater than the revenue from shellfishing and the revenue from finfish fishing. PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 18981 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. Description of the Projected Reporting, Recordkeeping, and Other Compliance Requirements of This Rule There are no reporting, recordkeeping, or other compliance requirements. Federal Rules Which May Duplicate, Overlap, or Conflict With This Rule The action is authorized by the regulations implementing the Northeast Multispecies FMP. It does not duplicate, overlap, or conflict with other Federal rules. Description of Significant Alternatives to the Rule 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 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. BILLING CODE 3510–22–P E:\FR\FM\01MYR1.SGM 01MYR1 amozie on DSK30RV082PROD with RULES 18982 Option Jkt 244001 Frm 00070 Fmt 4700 Sfmt 4700 01MYR1 assist small entities in complying with the rule, and shall designate such publications as ‘‘small entity E:\FR\FM\01MYR1.SGM of related rules for which an agency is required to prepare a FRFA, the agency shall publish one or more guides to PO 00000 2 (Additional May Had Closure) 3 (NoMA Cod Possession, no Had Minimum Size) Had Had Had Closed Total Mortality mt Total Cod Mortality Cod Closed mt Angler Trips HadACL (out of 100 CodACL (out of 100 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" 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. 84 / Tuesday, May 1, 2018 / Rules and Regulations BILLING CODE 3510–22–C 16:12 Apr 30, 2018 Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996 states that, for each rule or group VerDate Sep<11>2014 ER01MY18.010</GPH> Table 5: Projected Fishing Year 2018 Recreational Cod and Haddock Catch under Alternative Measures Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations compliance guides.’’ The agency shall explain the actions a small entity is required to take to comply with a rule or group of rules. As part of this rulemaking process, a letter to permit holders that also serves as small entity compliance guide (the guide) was prepared. Copies of this final rule are available from the Greater Atlantic Regional Fisheries Office (see ADDRESSES), and the guide, i.e., bulletin, will be sent to all holders of permits for the Northeast multispecies fishery. The guide and this final rule will be available upon request. List of Subjects in 50 CFR Part 648 Fisheries, Fishing, Recordkeeping and reporting requirements. Dated: April 26, 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 amended as follows: PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: ■ Authority: 16 U.S.C. 1801 et seq. 2. In § 648.14, add paragraphs (k)(16)(viii) and (ix) to read as follows: ■ § 648.14 Prohibitions. * * * * * (k) * * * (16) * * * (viii) Ocean pout. If fishing under the recreational or charter/party regulations, possess ocean pout. 18983 (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 23 61.0 58.4 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) Fillets. 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 ‘‘Daily 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). amozie on DSK30RV082PROD with RULES TABLE 1 TO PARAGRAPH (c) Species Open season Daily possession limit GB Cod .................................................. GOM Cod .............................................. GB Haddock .......................................... All Year ................................................. CLOSED ............................................... All Year ................................................. 10 .......................... No retention .......... Unlimited ............... N/A. All Year. N/A. E:\FR\FM\01MYR1.SGM 01MYR1 VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 PO 00000 Frm 00071 Fmt 4700 Sfmt 4700 Closed season 18984 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations TABLE 1 TO PARAGRAPH (c)—Continued Species Open season Daily possession limit Closed season GOM Haddock ....................................... June 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 ............................................... 12 .......................... September 17–October 31; March 1– April 14; May 1–31. 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 ...................................... Atlantic Wolffish ..................................... Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... No retention .......... No retention .......... No retention .......... See paragraph (c)(3). CLOSED ............................................... (2) Charter or Party Boats. Persons aboard party or charter boats in or possessing fish from the EEZ, during the No retention .......... open season listed in the column titled ‘‘Open Season’’ in Table 2 to paragraph (c), may not possess more fish than the All Year. amount listed in the column titled ‘‘Daily Possession Limit’’ in Table 2 to paragraph (c). TABLE 2 TO PARAGRAPH (c) Species Open season Daily 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 ...................................... amozie on DSK30RV082PROD with RULES Atlantic Wolffish ..................................... See Paragraph (c)(3). CLOSED ............................................... (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 possession 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 VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... Unlimited ............... No retention .......... No retention .......... No retention .......... No retention .......... 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) PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 All Year. fillet, such fillet shall be deemed to be from one whole fish. (6) Application of daily possession limit. Compliance with the daily possession limit for cod and haddock harvested by party, charter, and private recreational fishing vessels, in or from the EEZ, with more than one person aboard, 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 daily possession limit E:\FR\FM\01MYR1.SGM 01MYR1 Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations 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. 2018–09163 Filed 4–30–18; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 151211999–6343–02] RIN 0648–XG175 Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Gulf of Maine Cod Trimester Total Allowable Catch Area Closure for the Common Pool Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; area closure. AGENCY: This action closes the Gulf of Maine Cod Trimester Total Allowable Catch Area to Northeast multispecies common pool vessels fishing with trawl gear, sink gillnet gear, and longline/ hook gear. The closure is required by regulation because the common pool fishery is projected to have caught 90 percent of its Trimester 3 quota for Gulf of Maine cod. This closure is intended to prevent an overage of the common pool’s quota for this stock. DATES: This action is effective April 26, 2018, through April 30, 2018. FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Management Specialist, (978) 281–9232. SUPPLEMENTARY INFORMATION: Federal regulations at § 648.82(n)(2)(ii) require the Regional Administrator to close a common pool Trimester Total Allowable Catch (TAC) Area for a stock when 90 percent of the Trimester TAC is projected to be caught. The closure applies to all common pool vessels fishing with gear capable of catching that stock for the remainder of the trimester. Based on catch data through April 23, 2018, the common pool fishery is projected to have caught approximately 90 percent of the Trimester 3 TAC (3.0 mt) for Gulf of Maine (GOM) cod on April 24, 2018. Projections show that catch will likely reach 100 percent of amozie on DSK30RV082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:12 Apr 30, 2018 Jkt 244001 the annual quota by April 26, 2018. Effective April 26, 2018, the GOM Cod Trimester TAC Area is closed for the remainder of Trimester 3, through April 30, 2018. This closure applies to all common pool vessels fishing on a Northeast multispecies trip with trawl gear, sink gillnet gear, and longline/ hook gear. The GOM Cod Trimester TAC Area consists of statistical areas 513 and 514. The area reopens at the beginning of Trimester 1 of the 2018 fishing year on May 1, 2018. If a vessel declared its trip through the Vessel Monitoring System (VMS) or the interactive voice response system, and crossed the VMS demarcation line prior to April 26, 2018, it may complete its trip within the GOM Cod Trimester TAC Area. A vessel that has set gillnet gear prior to April 26, 2018, may complete its trip by hauling such gear. If the common pool fishery exceeds its total quota for a stock in the 2017 fishing year, the overage must be deducted from the common pool’s quota for that stock for fishing year 2018. Any uncaught portion of the common pool’s total annual quota may not be carried over into the following fishing year. Weekly quota monitoring reports for the common pool fishery are on our website at: https:// www.greateratlantic.fisheries.noaa.gov/ ro/fso/MultiMonReports.htm. We will continue to monitor common pool catch through vessel trip reports, dealerreported landings, VMS catch reports, and other available information and, if necessary, we will make additional adjustments to common pool management measures. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. The Assistant Administrator for Fisheries, NOAA, finds good cause pursuant to 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3) to waive prior notice and the opportunity for public comment and the 30-day delayed effectiveness period because it would be impracticable and contrary to the public interest. The regulations require the Regional Administrator to close a trimester TAC area to the common pool fishery when 90 percent of the Trimester TAC for a stock has been caught. Updated catch information through April 23, 2018, only recently became available indicating that the common pool fishery is projected to have caught 90 percent of its Trimester 3 TAC for GOM cod on April 24, 2018. The time necessary to provide for prior notice and comment, and a 30-day delay in effectiveness, would prevent the immediate closure of PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 18985 the GOM Cod Trimester TAC Area. This would be contrary to the regulatory requirement and would increase the likelihood that the common pool fishery would exceed its trimester or annual quota of GOM cod to the detriment of this stock. This could undermine management objectives of the Northeast Multispecies Fishery Management Plan. Fishermen expect these closures to occur in a timely way to prevent overages and their payback requirements. Overages of the trimester or annual common pool quota could cause negative economic impacts to the common pool fishery as a result of overage paybacks deducted from a future trimester or fishing year. Authority: 16 U.S.C. 1801 et seq. Dated: April 26, 2018. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2018–09138 Filed 4–26–18; 4:15 pm] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 180110022–8383–02] RIN 0648–BH52 Magnuson-Stevens Fishery Conservation and Management Act Provisions; Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Framework Adjustment 57 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: This action approves and implements Framework Adjustment 57 to the Northeast Multispecies Fishery Management Plan, as recommended by the New England Fishery Management Council. This rule sets 2018–2020 catch limits for 20 multispecies (groundfish) stocks, adjusts allocations for several fisheries, revises accountability measures, and makes other minor changes to groundfish management measures. This action is necessary to respond to updated scientific information and achieve the goals and objectives of the fishery management plan. The final measures are intended to prevent overfishing, rebuild overfished stocks, achieve optimum yield, and ensure that management measures are SUMMARY: E:\FR\FM\01MYR1.SGM 01MYR1

Agencies

[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Rules and Regulations]
[Pages 18972-18985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09163]


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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 180201108-8393-02]
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: Final rule.

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

SUMMARY: This action adjusts recreational management measures for 
Georges Bank cod and maintains status quo measures for Gulf of Maine 
cod and haddock for the 2018 fishing year. This action is necessary to 
respond to updated scientific information and to achieve the goals and 
objectives of the Northeast Multispecies Fishery Management Plan. The 
intended effect of this action is to achieve, but not exceed, the 
recreational catch limits.

DATES: Effective May 1, 2018.

ADDRESSES: Analyses supporting this rulemaking include the 
environmental assessment (EA) for Framework Adjustment 57 to the 
Northeast Multispecies Fishery Management Plan that the New England 
Fishery Management Council prepared, and a supplemental EA to Framework 
Adjustment 57 that the Greater Atlantic Regional Fisheries Office and 
Northeast Fisheries Science Center prepared. Copies of these analyses 
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. Gulf of Maine Recreational Management Measures for Fishing Year 
2018
2. Georges Bank Cod Recreational Management Measures for Fishing 
Year 2018
3. Regulatory Corrections
4. Comments and Responses

[[Page 18973]]

1. Gulf of Maine Recreational Management Measures for Fishing Year 2018

Background

    The recreational fishery for Gulf of Maine (GOM) cod and haddock is 
managed under the Northeast Multispecies Fishery Management Plan (FMP). 
For both stocks, the FMP sets a sub-annual catch limit (sub-ACL) for 
the recreational fishery for each fishing year. These sub-ACLs are a 
portion of the overall catch limit and are based on a fixed percentage. 
The groundfish fishery opens on May 1 each year and runs through April 
30 the following calendar year. The FMP also includes accountability 
measures (AM) to prevent the recreational sub-ACLs from being exceeded, 
or if an overage occurs, to correct its cause or mitigate its 
biological impact.
    The proactive AM provision in the FMP authorizes 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. Framework Adjustment 57, a concurrent action, set the 
groundfish ACLs and sub-ACLs for the 2018 fishing year. For 2018, the 
recreational GOM haddock sub-ACL increases from 1,160 mt to 3,358 mt, 
and the recreational GOM cod sub-ACL increases from 157 to 220 mt.

Fishing Year 2018 Recreational GOM Measures

    Recreational catch and effort data are estimated by the Marine 
Recreational Information Program (MRIP). A peer-reviewed bioeconomic 
model of expected fishing practices, 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. Based on the bioeconomic model, 
status quo measures were expected to constrain the catch of GOM cod to 
the sub-ACL only if the Commonwealth of Massachusetts prohibited the 
possession of GOM cod by recreational anglers in state waters for the 
2018 fishing year. In 2017, Massachusetts allowed private anglers to 
retain one cod (possession by the for-hire fleet was prohibited). In 
the event that Massachusetts did not prohibit cod possession in 2018, 
we proposed an additional, more conservative set of measures that were 
expected to keep cod catch below the sub-ACL. These measures included 
additional restrictions for GOM haddock to help ensure cod catch was 
below the sub-ACL. Table 1 summarizes the status quo measures and the 
two options we proposed for comment.

                                                Table 1--Summary of the Status Quo and Proposed Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                   Probability
                                                                         Minimum                       Predicted     haddock     Predicted   Probability
      Proposed measures 1              Fleet              Haddock       fish size     Closed season     haddock    catch below   cod catch    cod catch
                                                     possession limit    (inches)                      catch (mt)   sub-ACL 3       (mt)      below sub-
                                                                                                                                                ACL 4
--------------------------------------------------------------------------------------------------------------------------------------------------------
2017 Status Quo...............  Private............  12 fish per                17  3/1-4/14........          920          100          226           19
                                                      angler.
                                For-hire...........  ................  ...........  9/17-10/31......
2018 Measures 2...............  Private............  12 fish per                17  3/1-4/14........          916          100          193           57
                                                      angler.
                                For-hire...........  ................  ...........  9/17-10/31......
2018 Alternative Not Selected.  Private............  12 fish per                17  3/1-4/14, 5/1-5/          839          100          198           51
                                                      angler.                        31, 9/17-10/31.
                                For-hire...........  10 fish per       ...........  3/1-4/14, 9/17-
                                                      angler.                        10/31.
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 GOM cod possession, in Federal waters, is prohibited in all scenarios.
2 This option is based on the Commonwealth of Massachusetts prohibiting GOM cod possession by recreational anglers.
3 The 2018 GOM haddock sub-ACL is 3,358 mt.
4 The model assumed a GOM cod sub-ACL of 200 mt, the actual GOM cod sub-ACL is 200 mt.

    On March 26, 2018, the Commonwealth of Massachusetts notified us 
that it is prohibiting recreational anglers from retaining GOM cod 
beginning on May 1, 2018. Because Massachusetts is prohibiting cod 
possession, status quo Federal GOM cod and haddock recreational 
management measures are expected to keep catch within the recreational 
sub-ACLs, while providing the most access to the healthy haddock stock. 
Based on the bioeconomic model the probability of status quo measures, 
combined with Massachusetts's regulatory change, constraining cod catch 
to the sub-ACL is greater than 50 percent. As a result, this final rule 
maintains status quo recreational management measures for GOM cod and 
haddock for the 2018 fishing year. These measures are summarized in 
Table 2 below.

               Table 2--GOM Cod and Haddock Recreational Management Measures for Fishing Year 2018
----------------------------------------------------------------------------------------------------------------
                                 Per day possession                                 Season when possession is
            Stock                      limit              Minimum fish size                  allowed
----------------------------------------------------------------------------------------------------------------
GOM Cod.....................                           Possession Prohibited Year-Round
                             -----------------------------------------------------------------------------------
GOM Haddock.................  12 fish per angler.....  17 inches (43.2 cm)....  May 1-September 16, November 1-
                                                                                 February 28, and April 15-April
                                                                                 30.
----------------------------------------------------------------------------------------------------------------

2. Georges Bank Cod Recreational Management Measures for Fishing Year 
2018

Background

    Framework 57 to the Northeast Multispecies FMP authorizes the 
Regional Administrator to adjust the GB cod recreational management 
measures for fishing years 2018 and 2019. This action was precipitated 
by an increasing trend in recreational catch of GB cod in recent years, 
including unusually high recreational catch in 2016 that contributed to 
an overage of the total ACL and acceptable biological catch (ABC). 
Unlike GOM cod and haddock, there is no recreational sub-ACL for GB 
cod. Because the recreational fishery does not receive an allocation 
for GB cod, there are no AMs for recreational

[[Page 18974]]

vessels in the event the catch target or the overall ACL is exceeded. 
As a result, the commercial groundfish fishery is required to pay back 
the 2016 ACL overage.
    The Council did not consider a recreational sub-ACL in Framework 57 
because of a lack of time to fully consider the issue and develop 
appropriate long-term measures in the FMP. However, as part of 
Framework 57, the Council recommended a catch target for us to use when 
considering adjustments to GB cod measures for 2018 and 2019. The catch 
target is based on a 5-year (2012-2016) average of recreational catch 
(138 mt) (Table 3).
    Using a 5-year average to determine the catch target mitigates some 
of the uncertainty and variability in MRIP data. MRIP provides 
information on a 2-month wave, calendar year basis. Preliminary data 
are released throughout the year, and final data is released in the 
spring of the following year. Calendar years 2012-2016 is the most 
recent 5-year period for which final recreational data are available. 
The Council expects that recreational measures designed to achieve a 
target based on this average will help prevent future overages of the 
ACL.

                     Table 3--Georges Bank Cod Recreational Catch, Calendar Years 2012-2016
----------------------------------------------------------------------------------------------------------------
                                                                   Calendar year
       GB cod catch  (mt)        -------------------------------------------------------------------------------
                                       2012            2013            2014            2015            2016
----------------------------------------------------------------------------------------------------------------
Landings........................              56               6              88             124             369
Discards........................               1               1               2              15              30
Total Catch.....................              57               7              90             139             399
                                 -------------------------------------------------------------------------------
    Average.....................             138  ..............  ..............  ..............  ..............
----------------------------------------------------------------------------------------------------------------

We evaluate more recent catch in the GB cod fishery for determining 
what recreational measures may be necessary to achieve the catch 
target. For this purpose, we used data from fishing years 2015-2017, 
including preliminary 2017 data, which resulted in average catch of 196 
mt. This more current and shorter time-period reflects more recent 
fishing practices. Using this 3-year average of more recent catch 
history provides a basis for developing measures that meaningfully 
address recent fishery trends and practices while reducing the chance 
of using overly restrictive or permissive measures that could result 
from relying on a single year's estimate.

Fishing Year 2018 Recreational GB Measures

    Because the recreational measures currently in place for GB cod are 
not expected to constrain fishing year 2018 catch to the catch target, 
we are adjusting management measures for the 2018 fishing year, as 
recommended by the Council.
    We consulted with the Council at its January 2018 meeting on 
potential changes to recreational GB cod measures. Due to the potential 
increase in cod encounters by recreational anglers, the poor stock 
condition, and that recreational measures currently in place for GB cod 
are not expected to constrain fishing year 2018 catch to the catch 
target, the Council recommended measures to limit the potential for 
extreme catch of cod to prevent future overages of the ACL.
    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 Council also 
proposed an increase in the minimum size limit from 22 up to 24 inches 
(55.88 up to 60.96 cm). The Council submitted a comment on the proposed 
rule clarifying that the recommended minimum size was 23 or 24 inches 
(58.42 cm or 60.96 cm).
    Unlike for the GOM recreational fishery, there is no model 
available to evaluate the probability of catch amounts for the Georges 
Bank management changes. Because of the variability in MRIP data, and 
the lack of a model to simulate the potential effect of the proposed 
measures, it is difficult to determine the probability that measures 
may constrain harvest to the catch target. In such cases, we evaluate 
past practices and measures to develop limits that are gauged to 
achieve desired catch amounts.
    The Council recommended the 10-fish limit as a way to minimize 
extreme catch events that could have an inordinate effect on exceeding 
the catch target if left unaddressed. In 2016, less than 1 percent of 
anglers landed more than 10 fish. The majority (approximately 70 
percent in 2016) of anglers retained 1-3 cod. Although the 10-fish 
limit is not a limiting factor for most anglers, in 2016 approximately 
7 percent of trips reported cod catch, per angler, of greater than 10 
fish. The intent of the 10-fish possession limit is to eliminate those 
high catches of cod, and to dis-incentivize the targeting of cod beyond 
10-fish per angler. The most recent assessment suggests that the GB cod 
stock biomass is increasing, likely resulting in increased catch rates 
in the recreational fishery and potentially more high catch incidences. 
Overall, however, the stock remains in poor condition.
    The Council also recommended an increase to the minimum size up to 
24 inches (60.96 cm) that is expected to reduce cod mortality relative 
to recent years. In 2016, approximately 40 percent of the cod landings 
were less than 24 inches (60.96 cm), and about 22 percent were less 
than 23 inches (58.42 cm). Because a proportion of released fish die, 
the mortality reduction is not equal to the amount of released fish. 
Currently we assume that 30 percent GB cod released by recreational 
anglers die.
    Based on these mortality assumptions and catch data, a 2-inch 
(5.08-cm) increase to the minimum size would have been necessary to 
constrain harvest to the catch target based on the preliminary data 
available when the Council made its recommendation. This data included 
final fishing years 2015 and 2016 data, preliminary 2017 data, and 
projections to estimate harvest for the remainder of the fishing year. 
Based on the updated 2017 catch data, less reduction is necessary. As a 
result, we determined that increasing the minimum size by 1 inch (2.54 
cm), to 23 inches (58.42 cm), is expected to achieve the necessary 
reduction in cod catch and minimize discards of undersized fish, while 
preserving recreational fishing opportunities to the extent 
practicable.
    Effective May 1, 2018, the recreational bag limit of GB cod will be 
10 fish for private and for-hire modes. The possession limit applies 
per day at sea. Multiday trips are allowed to retain the possession 
limit multiplied by the number of days of the trip. For example, if a 
for-hire vessel conducts a 2-day trip, anglers would be able to retain 
up to 20

[[Page 18975]]

cod per person (10 fish, per person, per day). The minimum size for GB 
cod will be increased to 23 inches (58.42 cm). These measures are 
summarized in Table 4, along with information on the current measures 
for comparison. We will reevaluate these measures, and make necessary 
adjustments for the 2019 fishing year.

  Table 4--Georges Bank Cod Recreational Management Measures for Fishing Year 2018 and Status Quo (Fishing Year
                                                 2017) Measures
----------------------------------------------------------------------------------------------------------------
                                                              Georges Bank Cod     Minimum fish
           Alternatives                     Fleet             possession limit     size (inches)    Open season
----------------------------------------------------------------------------------------------------------------
Status Quo........................  Private..............  10...................              22        5/1-4/30
                                    For-hire.............  Unlimited............
2018 Measures.....................  Private..............  10...................              23        5/1-4/30
                                    For-hire.............
----------------------------------------------------------------------------------------------------------------

3. Regulatory Corrections

    This rule makes two regulatory corrections under the authority of 
section 305(d) of the Magnuson-Stevens Fishery Conservation and 
Management Act, which allows the Secretary of Commerce to promulgate 
regulations necessary to ensure that the FMP is carried out in 
accordance with the Magnuson-Stevens Act. These administrative 
corrections are necessary and consistent with the FMP's goals and 
objectives.
    In Sec.  648.89(c), we added a table to summarize the recreational 
possession limits. This change is intended to simplify and improve 
clarity of the regulations.
    In Sec.  648.14(k)(16), we added the possession prohibitions for 
ocean pout and windowpane flounder by the recreational fishery. 
Possession of ocean pout and windowpane flounder is already prohibited; 
however, these prohibitions were omitted from the prohibitions section 
of the regulations. This correction is intended to improve consistency 
and clarity of the regulations.

4. Comments and Responses

    We received 47 comments on the proposed rule. Two of the comments 
were not related to the proposed measures and are not discussed 
further. We received comments from the Council, the Stellwagen Bank 
Charter Boat Association (150 members), the National Party Boat Owners 
Alliance, the Recreational Fishing Alliance, the Connecticut Charter 
and Party Boat Association, the Rhode Island Party and Charter Boat 
Association (65 members), the Rhode Island Saltwater Anglers 
Association, and 39 members of the public. Twenty-two comments were on 
the proposed measures for GB cod, 32 comments addressed the proposed 
GOM measures, and some of these comments addressed both GOM and GB 
proposed measures. Only one individual supported the proposed GB cod 
measures, and a number of commenters supported a more conservative 
approach that would better align GB and GOM cod measures. The remaining 
comments supported status quo measures for GB cod. Two individuals and 
two organizations supported the proposed split of private and for-hire 
measures for GOM haddock. The remaining comments on GOM measures 
supported status quo Federal measures, or a liberalization of cod 
limits.

Gulf of Maine Management Measures

    Comment 1: The Stellwagen Bank Charter Boat Association requested 
that we eliminate the closed season for GOM haddock from September 17 
through October 31 based on the increase in the GOM haddock sub-ACL and 
a decrease in effort during this period. Alternatively, they suggested 
that we consider reducing the GOM haddock bag limit from 12 fish to 6 
fish during this period to allow anglers to take home some haddock 
while fishing for non-groundfish species.
    Response: Due to the co-occurrence of cod and haddock, the 
similarity in gear, and fishing techniques used to target them, it is 
difficult to simultaneously decrease cod catch, while increasing 
haddock catch. Using the bioeconomic model, we analyzed a wide variety 
of seasons and possession limits for haddock. The goal of the model is 
to maximize opportunities to target haddock while keeping cod catch 
within the sub-ACL. Based on the model results, we determined that both 
the spring and fall closures are necessary to constrain the catch of 
cod to the sub-ACL. Even when the haddock possession limit was 
decreased significantly, it did not allow for more open haddock 
seasons. Status quo measures will remain in place for the 2018 fishing 
year. This was the least constraining option possible for the GOM 
recreational fishery in the 2018 fishing year.
    Comment 2: Six individuals commented on the increasing number of 
haddock and cod they are encountering while fishing recreationally in 
the GOM. Individuals also pointed to the increasing quotas for both GOM 
cod and haddock. When referring to GOM haddock, all of these comments 
questioned the rationale for proposing more restrictive management 
measures for a healthy and abundant stock.
    Response: The 2017 assessment updates for GOM cod and haddock 
concluded that both haddock and cod populations in the GOM are 
increasing. GOM haddock biomass is well above the target level; 
however, GOM cod is still at low levels. As described in the response 
to Comment 1, cod and haddock are often caught together when 
recreationally fishing for groundfish in the GOM. Although the assumed 
discard mortality rate for GOM cod is only 15 percent, the mortality 
associated with cod bycatch in the directed GOM haddock fishery has 
resulted in cod catch greater than the recreational sub-ACL in 4 of the 
last 5 years. Preliminary 2017 data suggests that the 2017 sub-ACL for 
GOM cod would be exceeded by 55 percent despite a complete closure of 
the Federal cod fishery. The bioeconomic model projected 2018 cod catch 
greater than the cod sub-ACL in all scenarios where we modeled less 
restrictive haddock measures. Status quo measures for the 2018 fishing 
year are the least restrictive option for GOM recreational measures 
that allows the fishery to achieve, but not exceed, its sub-ACLs. This 
final rule maintains status quo measures.
    We are supporting a variety of cooperative research to improve our 
understanding of recreational fisheries in order to increase fishing 
opportunities while we continue to rebuild the cod stock. Current 
examples include an evaluation of discard mortality, a cod bycatch 
avoidance program, and a study of different tackle and its impact on 
catch rates.

[[Page 18976]]

    Comment 3: Ten individuals and the National Party Boat Owners 
Alliance supported status quo measures for the GOM haddock fishery.
    Response: We agree, and this final rule maintains status quo 
measures for the 2018 fishing year. The proposed rule included an 
option that would have further restricted GOM haddock measures. The 
proposed changes were only necessary if the Commonwealth of 
Massachusetts continued to allow private anglers to retain one cod in 
2018. Since the proposed rule for this action was published, 
Massachusetts decided to prohibit the retention of GOM cod by 
recreational anglers to complement Federal measures and maximize access 
to the abundant GOM haddock stock.
    Comment 4: Two individuals, the Recreational Fishing Alliance, and 
the Rhode Island Party and Charter Boat Association supported the 
split-measures proposed for GOM haddock for private anglers and the 
for-hire fleet because these measures would have allowed the for-hire 
fleet to continue operating in May, which is an important month for the 
haddock fishery. These individuals and organizations only supported the 
split measures in the event that more restrictive measures were 
necessary. However, four commenters opposed the split-measures proposed 
for GOM haddock because private anglers do not catch as much cod as the 
for-hire component of the fishery.
    Response: Because Massachusetts decided to prohibit the retention 
of GOM cod by recreational anglers, the more restrictive GOM haddock 
measures, including the split measures, are not necessary. Federal 
measures will remain status quo for the 2018 fishing year. These 
measures are the least restrictive of our options that will allow the 
most access to GOM haddock for all components of the recreational 
fishery in Federal waters. The month of May will remain open to haddock 
fishing for all anglers, at the current possession limit of 12-fish per 
person.
    In 2016 and 2017, private recreational anglers accounted for 71 and 
82 percent, respectively, of the total recreational cod catch in the 
Gulf of Maine. While the number of anglers on any one private boat is 
less than a party vessel, the number of private vessels targeting 
groundfish in the Gulf of Maine is significantly more than the number 
of for-hire vessels. The number of cod caught per angler on private 
vessels is also greater than when compared to party vessels. In 2017, 
the average number of cod caught on a private vessel was 5.9 fish per 
person, on party vessels the average number of cod caught was 1.6 per 
person.
    These recent data suggest that the for-hire fleet has been able to 
avoid cod bycatch when fishing for haddock more effectively than 
private anglers. As a result, if more restrictive measures for GOM 
haddock were necessary in 2018, the Council recommended split measures 
for private anglers and the for-hire fleet. The Council intended the 
split measures to maximize fishing opportunities for haddock as much as 
possible for both components of the recreational fishery. Although the 
more restrictive, split measures are not necessary in 2018, 
consideration of different measures for private anglers and the for-
hire fleet in the future may be appropriate and warranted.
    Comment 5: Fifteen individuals commented on the disparity between 
proposing GOM cod and haddock recreational limits while the fishing 
year 2018 GOM cod and haddock commercial quotas are increasing.
    Response: We recognize the perceived discrepancy because the 
Federal GOM recreational measures are not being liberalized and 
commercial quotas are increasing. However, we have to take into account 
the recreational fishery's recent past overages when considering what 
measures are warranted. Each year, we are required to set recreational 
management measures designed to achieve, but not exceed, the 
recreational sub-ACLs. Sometimes increasing sub-ACLs will allow us an 
opportunity to raise recreational limits or remove restrictions. Other 
times, particularly when a sub-ACL may still be at a low-level despite 
an increase, we cannot. This year is an example of when the GOM cod 
sub-ACL requires us to maintain recreational limits on both GOM cod and 
haddock to prevent an overage of the relatively lower recreational GOM 
cod sub-ACL.
    Framework 57 sets the 2018 ACLs based on updated 2017 assessments. 
According to the 2017 stock assessments, the GOM cod and haddock stocks 
are increasing, although cod remains overfished and subject to a 
rebuilding plan. The assessments support increasing the overall ACL for 
both GOM cod and haddock in 2018, including both the recreational and 
commercial allocations. The increases for each stock differ 
substantially. For 2018, the haddock recreational sub-ACL increases by 
290 percent, from 1,160 mt to 3,358 mt. The cod sub-ACL remains 
relatively low, however, and increases a much smaller amount from 157 
to 220 mt. The recreational sub-ACLs are based on a fixed percentage of 
the total catch limit.
    When considering potential measures for 2018, more liberal measures 
for GOM haddock were not likely to keep cod bycatch within the 
recreational sub-ACL, even when maintaining the prohibition on 
possession of GOM cod. Status quo measures were the least restrictive 
measures possible for 2018 that are expected to achieve the increased 
cod sub-ACL, with an approximately 57-percent chance of not exceeding 
the sub-ACL. In fishing year 2017, GOM cod catch (based on preliminary 
data) is estimated to be 226 mt, which is significantly more than the 
2017 GOM cod sub-ACL, and slightly greater than the 2018 sub-ACL. While 
it is difficult to predict the performance of recreational measures, 
the bioeconomic model has underestimated recreational catch 
historically. Increasing the probability of maintaining catch under the 
sub-ACL provides more confidence that measures successfully keep catch 
within the sub-ACLs despite the inherent uncertainty in recreational 
data.
    Comment 6: Four individuals pointed out the differences between the 
more liberal recreational management measures for GB cod as compared to 
more restrictive measures for GOM cod. The commenters stated that this 
difference in management measures was unfair to anglers in the Gulf of 
Maine.
    Response: Currently, cod is managed as two distinct stocks, GOM and 
GB. The recreational management measures are designed to achieve, but 
not exceed, the catch limits for each stock. The 2018 acceptable 
biological catch (ABC) for GB cod is 1,591 mt, the 2018 GOM cod ABC is 
703 mt. The different management measures for GOM and GB cod are based 
on the different catch history and catch limits. Catch of GOM cod, even 
when the possession limit has been zero, is significantly more than GB 
cod catch. In 2017, estimated catch of GB cod, in numbers, was 97,871 
fish, and in the GOM estimated catch was 768,134 fish. There are also 
significantly more angler trips targeting cod and haddock in the GOM 
than GB. In 2017, approximately 151,000 angler trips were takin in the 
GOM compared to 62,000 in GB. Another significant factor in the 
distinction between management measures for GOM and GB cod is that the 
recreational GOM fishery is allocated GOM cod and is subject to AMs. 
The GB recreational cod fishery is not allocated quota, and is not 
subject to AMs in the event of a quota overage. The Council may revisit 
the allocation determinations in the future.
    There is some uncertainty regarding the GOM and GB cod stock 
structure, degree of connectivity, and mixing.

[[Page 18977]]

Because of these uncertainties, and the potential management 
implications, the Council has planned a workshop to examine the stock 
structure of cod in the region. Until the stock structure and 
assessments are revisited, we are required to base management measures 
on the current stock determinations and corresponding catch limits, 
which is the best scientific information available. Future measures, 
and the relationship between GOM and GB cod management, may change 
depending on the outcome of the stock structure workshops.
    Comment 7: Five individuals opposed the continued closure of the 
recreational GOM cod fishery, and instead suggested a range of 
possession limits from 1 to 5 cod. Commenters also recommended a 
variety of size limits and seasons.
    Response: When 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. Allowing the possession of one cod, 
even for a limited season, is projected to result in an overage of the 
2018 recreational cod sub-ACL. Additionally, although recreational 
measures are set each year to prevent overages, the recreational 
fishery has exceeded their sub-ACL of cod in 4 of the last 5 years. The 
status quo measures maintained through this final rule are expected to 
constrain cod catch within the recreational sub-ACL, with a 57-percent 
chance of success. Based on all of the available data, these measures 
are the least restrictive for the 2018 fishing year that provide the 
maximum amount of fishing opportunities for other stocks, while keeping 
catch within the recreational sub-ACL.
    The most recent assessment of GOM cod suggests that the stock is 
increasing, but remains at a low level. If this increasing trend 
continues, we expect additional stock rebuilding to provide increased 
opportunities for recreational and commercial fishermen in the future. 
Although the recreational sub-ACL for GOM cod is constant for the next 
3 years, we will evaluate recreational measures again before the 2019 
fishing year to make any necessary adjustments.
    Comment 8: The Stellwagen Bank Charter Boat Association and one 
individual raised questions about the number of private angler trips 
estimated by MRIP. These commenters believe that the MRIP estimate is 
biased high resulting in an overestimation of catch. One individual 
opposed the GOM management measures based on his observation of a 
limited number of private vessels fishing recreationally in the GOM.
    Response: Both the Recreational Advisory Panel (RAP) and the 
Council have discussed the number of angler trips estimated by MRIP. In 
2017, the estimated number of angler trips in the GOM on private 
vessels was greater than 1.1 million. Of these trips, an estimated 
108,000 were estimated to be targeting cod and haddock. The GOM is a 
large region, and while some areas may have a limited number of 
anglers, the overall amount of effort is high. At recent recreational 
meetings, and in its comment on the proposed rule for this action, the 
Stellwagen Bank Charter Boat Association estimated that the number of 
2017 angler trips from MRIP would mean that there were 176 vessels 
fishing per day, every day from April 15 to September 15. This 
calculation assumes that no private anglers fish after the fall 
closure, or during closures in state waters, and that vessels have an 
average of 4 people on board, and it is not clear if these assumptions 
are reasonable. While there are some uncertainties with MRIP data, 
including the estimated number of angler trips, MRIP is currently the 
best scientific information available.
    At the January 2018 RAP meeting, the RAP proposed a dedicated 
survey to gauge the amount of private angler effort, although the 
Council did not discuss this proposal further. Additionally, there are 
improvements being made to the MRIP sampling protocols that should 
improve the estimates of recreational effort, including the estimated 
number of private angler trips.
    Comment 9: Five individuals commented that private anglers can more 
effectively avoid cod by-catch when fishing for haddock than the for-
hire fleet.
    Response: We disagree. In 2016, the average number of cod caught 
per angler on party boats was 4.5, and in 2017 this dropped to 1.6, 
representing a decrease of 64 percent. On charter boats, the average 
number of cod caught per person was 10.9 in 2016, and 5.9 in 2017, 
which is a reduction of 46 percent. Private anglers caught an average 
of 5.8 cod per person in 2016. In 2017, private anglers caught roughly 
the same number, 5.9 fish per person, which is a slight increase of 2 
percent. While there is uncertainty in the estimates provided by MRIP, 
it is likely that the trends are representative. The data from 2016 and 
2017 suggest that on average, the for-hire modes of the fishery were 
able to significantly reduce cod catch per person, while private 
anglers continued to catch approximately the same number of cod.

Georges Bank Cod Recreational Measures

    Comment 10: The Council clarified that its recommendation to 
``increase the minimum size fish from 22 inches (55.88 cm) up to 24 
inches (60.96 cm)'' meant it would support a revised minimum size of 23 
(58.42 cm) or 24 (60.96 cm) inches.
    Response: As discussed already in the preamble of this rule, this 
final rule implements a minimum size of 23 inches (58.42 cm) for GB cod 
consistent with the Council's recommendation. The proposed rule to this 
action included a minimum size of 24 inches (60.96 cm) for GB cod. 
Although we did not specifically propose a minimum size of 23 inches 
(58.42 cm) as an alternative, a 23 inch (58.42 cm) minimum size was 
within the range of alternatives evaluated in Section 5.1 of the 
supplemental EA (see ADDRESSES). Unlike the Gulf of Maine fishery, we 
do not have a model to predict catches, and evaluate impacts. We used 
the most recent 3-year average as an estimate of current catch, and 
compared that estimate to the catch target. Based on that comparison we 
determined that we needed to make regulatory changes to reduce catch. 
In order to determine 2018 management measures, we evaluated trends in 
the fishery to determine what size and possession limits would be 
effective. We analyzed total catch, and landings in each mode of the 
fishery, as well as the size of fish being landed. Based on this 
analysis we have determined that a 23-inch (58.42-cm) minimum size, 
coupled with a 10-fish possession limit for all modes of the fishery is 
expected to result in catch close to the catch target.
    Comment 11: Eighteen individuals and organizations commented that 
MRIP data varies too much and is an unreliable source of information 
for the development of management measures. Individuals pointed out 
that the low estimates (e.g. 2013) and high estimates (e.g. 2016) are 
not accurate estimates of the catch and should not be used as the basis 
for management. Some comments provided specific examples of errors with 
the MRIP dataset, such as the high estimate of shore catch from New 
Jersey in 2016.
    Response: All surveys have degrees of certainty that accompany them 
depending on different factors including how many people were surveyed. 
We agree that the annual MRIP point estimates of GB cod catch, like any 
survey catch estimates, include a degree of uncertainty. Some 
uncertainty in the GB cod estimates result from the small sample size 
relative to the population of

[[Page 18978]]

recreational anglers. However, we considered MRIP data uncertainty or 
variability when developing the recreational fishery's management 
measures. Because of the known variability in annual point estimates, 
many recreational fishery management plans use a 3-year moving average 
to evaluate past catch and determine future management measures. For GB 
cod recreational catch, we determined that averaging the data over 
numerous years helps address uncertainty in the survey. The use of an 
average smooths the high and low estimates, and provides a more 
accurate picture of fishery conditions and trends.
    Estimates of catch and effort must be used because it is not 
possible to have a complete census of all recreational anglers to 
capture all catch and every angler trip. MRIP is the method used to 
count and report marine recreational catch and effort. In January 2017, 
the National Academies of Science released their latest review of MRIP 
and recognized NMFS for making ``impressive progress'' and ``major 
improvements'' to MRIP survey designs since the 2006 review of MRIP. 
While there are some remaining challenges to MRIP surveys, we continue 
to make improvements including transitioning from the Coastal Household 
Telephone survey to the Fishing Effort Survey, which will further 
improve our estimates of recreational fishing effort.
    Although estimates from MRIP are uncertain and variable to a 
degree, MRIP is currently the only source of information we have to 
estimate effort and catch by private recreational anglers, and is 
therefore the best scientific information available. As also described 
earlier in responses to comments on the GOM measures, we are exploring 
recommendations made by the RAP that would supplement the for-hire 
dataset. We also expect revised MRIP estimates based on the improved 
methodology to be released later this year. We have taken into account 
the uncertainty issues in the current dataset and are actively working 
to improve the information we use to make management decisions. In the 
interim, we plan to use approaches that minimize the impacts of 
outliers and variability.
    Comment 12: One individual supported reducing the recreational 
catch of GB cod, but suggested that the possession limit should be more 
restrictive than 10 fish. The commenter noted the recreational fishery 
is being rewarded for overharvesting GB cod, and that the catch target 
should be set at a lower level consistent with catches in 2012 or 
before.
    Response: In 2016, unusually high recreational catch reflected in 
the MRIP data resulted in an overage of the GB cod U.S. ABC. This 
overage prompted the Council to develop a short-term plan to address 
recreational GB cod catch, which included the recommendation of a catch 
target to guide the development of management measures. The catch 
target (138 mt) was not developed, proposed, or approved as part of 
this action. Additional information on the catch target can be found in 
Framework 57.
    The Council developed the catch target based on a 5-year average, 
and provided us the limited authority for 2018 and 2019 to adjust 
recreational GB cod management measures to cap GB cod catch at this 
level. In this action, we only have the ability to revise the 
management measures relative to the catch target. The measures we plan 
to implement have been designed to constrain GB cod catch by the 
recreational fishery and prevent its catch from contributing to 
exceeding the overall GB cod ACL. The recreational fishery does not 
have an allocation (sub-ACL) of GB cod; therefore, there is no 
mechanism to hold that fishery accountable for any overages that may 
occur. The Council may choose to review recent recreational catch and 
determine if an allocation, and associated management and AMs, are 
appropriate for this fishery in a future management action. The Council 
would consider the performance of the management measures implemented 
in this final rule in developing long-term measures for the GB cod 
recreational fishery.
    Comment 13: One individual suggested that limiting the gear types 
allowed to catch haddock would reduce cod bycatch better than limiting 
seasons.
    Response: We agree that fishing methods may be an important factor 
influencing the bycatch rate and mortality of cod. Research is 
exploring the impacts of different tackle and fishing methods on 
discard mortality and catch rates. We continue to support (fund and 
participate in) these efforts so that gear modification can be used in 
the future as a potential tool to manage recreational fisheries. At 
this time, we do not have the information required to make 
modifications to the management measures. We will continue to support 
innovative gear research.
    Comment 15: The National Party Boat Owners Alliance, Recreational 
Fishing Alliance, Rhode Island Saltwater Anglers Association, 
Connecticut Charter and Party Boat Association, and eleven individuals 
supported status quo measures for GB cod. The commenters pointed to the 
preliminary 2017 GB cod MRIP data, and the new estimate of 2017 GB cod 
catch of 51 mt. The commenters cite the 2017 estimate as evidence that 
GB cod catch is not increasing, and that the status quo measures should 
be maintained, or even more liberal measures considered.
    Response: We determined that averaging numerous years of MRIP 
estimates better takes into account uncertainty in the MRIP data than 
using estimates from a single year or part of a year. We considered the 
preliminary 2017 wave 6 MRIP data, which became available after the 
Council developed its recommendations, to determine appropriate 
measures for the 2018 fishing year. Consistent with averaging multiple 
years of data, we did not rely solely on the wave 6 estimate because it 
is a single data point. Nor did we rely on any other single annual 
estimate. Even when incorporating the low preliminary 2017 estimate 
into the 3-year average catch calculation, the result is greater than 
the catch target selected by the Council. The most recent 3-year 
average (2015-2017) is 196 mt, compared to the 2018 catch target of 138 
mt. Additional rationale is provided in the preamble of the proposed 
and final rule.
    Comment 14: Two individuals opposed the GB cod recreational catch 
target because the catch target is being set at a stable level while 
the total GB cod ACL is increasing. Additionally, two individuals and 
the Rhode Island Party and Charter Boat Association questioned the use 
of fishing year data to calculate average catch when it is being 
compared to a catch target that is calculated with calendar year data.
    Response: The approval of the recreational GB cod catch target was 
not included in this rule. It was part of Framework 57. Because the 
catch target is not part of this action, these comments are outside the 
scope of the measures approved in this final rule. However, because we 
use the recreational catch target to set recreational management 
measures, additional background on the catch target is included below. 
More specific responses to comments on the catch target have been 
included as part of the Framework 57 final rule.
    The Council recommended a catch target calculated using the average 
of 5 calendar years of catch estimates from the most recent GB cod 
assessment. We do not use calendar year catch, but instead use fishing 
year data to estimate catch based on the most recent 3-year average 
catch. We selected the most recent fishing year data to estimate

[[Page 18979]]

catch because it allows us to include the preliminary 2017 catch 
estimate in the average. While the general trend is that recreational 
catch is increasing, the preliminary 2017 data indicate 2017 catch is 
lower than the unusually high catches in 2016 and more consistent with 
the general trend. The catch estimates are different depending on the 
months included in the estimate. For example, the calendar year 
estimate for 2016 includes data from January 2016 through December 
2016, whereas the fishing year 2016 estimate includes data from May 
2016 through April 2017. This naturally results in different estimates, 
particularly for GB cod, because the fishing season is concentrated at 
the end of the calendar year. However, despite small differences, the 
calendar year and fishing year estimates are relatively similar each 
year. Further, regardless of what combination of calendar year and 
fishing year estimates are used, the result is that recent catch 
exceeds the 5-year average catch target. As a result, and as more fully 
described in the preamble above, this final rule adjusts recreational 
management measures for the 2018 fishing year to ensure recreational 
catch does not exceed the catch target that the Council identified.
    Comment 15: Eight individuals commented that the implementation of 
a 10-fish possession limit for the charter and party vessels would have 
a negative impact on their businesses. In addition, they stated that 
the possession limit would not actually affect cod catch, and that it 
was a ``feel good'' measure to appease other fisheries.
    Response: Implementing a bag limit in the for-hire mode may impact 
these businesses negatively, primarily due to the shift in the 
marketing strategy because currently these vessels can market 
``unlimited cod.'' However, a 10-fish bag limit is not limiting for the 
majority of customers. In 2016, less than 1 percent of anglers landed 
more than 10 fish. The majority (approximately 70 percent in 2016) of 
anglers retained one to three cod. Although the 10-fish limit is not a 
limiting factor for most anglers, in 2016 approximately 7 percent of 
trips reported cod catch, per angler, of greater than 10 fish. The 
intent of this possession limit is to eliminate high catches of cod, 
and the potential for high catches of cod, that could contribute to 
exceeding the target. The most recent stock assessment suggests that 
the GB cod stock biomass is increasing, likely resulting in increased 
catch rates in the recreational fishery and potentially more high catch 
trips.
    In addition, the per person possession limit applies per day. 
Therefore, multi-day trips are allowed to retain the possession limit 
times the number of days-at-sea fished. For example, if a for-hire 
vessel takes a 2-day trip offshore, anglers can retain up to 20 cod per 
person (10 fish, per person, per day). This may ease some of the 
concerns expressed by some for-hire industry members relative to 
longer, offshore trips.
    Comment 16: The Stellwagen Bank Charter Boat Association and six 
individuals commented on the connectivity between the GOM and GB cod 
stocks. These commenters were concerned that the difference between GOM 
and GB recreational management measures allows anglers to target GOM 
cod when they are in southern New England, further hindering the 
recovery of this stock, and creating an inequity between the GOM and GB 
anglers.
    Response: The connectivity between the GOM cod stock and cod in 
Southern New England (currently considered GB cod) has been well 
documented in the scientific literature, though there is uncertainty in 
the degree of that connectivity. The relationship between cod in these 
regions is not currently included in the stock assessments or 
management programs. However, efforts are underway to examine the 
connectivity and implications. A workshop to analyze the population 
structure of cod is planned for this fall. Additional information on 
the working group can be found here: https://www.nefsc.noaa.gov/saw/acsswg/. These efforts may lead to changes in the assessments or 
management of these stocks. We agree that this is an important issue 
and one that will require input from the scientific community and 
industry to resolve. At this time, the cod population is managed and 
assessed as two distinct stocks (GOM and GB), and this rule only 
implements management measures to achieve the sub-ACL for GOM cod and 
catch target for GB cod.
    Comment 17: The Stellwagen Bank Charter Boat Association, Rhode 
Island Party and Charter Boat Association, and six individuals 
disagreed that the proposed minimum size limit increase from 22 to 24 
inches (55.88 to 60.96 cm) would improve compliance (an enforcement 
benefit) and better align management measures for the two cod stocks, 
particularly because the GOM is closed to cod fishing.
    Response: We agree that the compliance benefit is likely negligible 
at this time because the GOM recreational cod fishery will be closed in 
Federal and state waters in fishing year 2018. However, if both 
fisheries were open, different management measures for the same species 
may be confusing to anglers, and is difficult to enforce, resulting in 
compliance issues. We have determined that a minimum size of 23 inches 
(58.42 cm) is more appropriate for GB cod for this year. If the GOM 
recreational cod fishery opens in the future, the Council may consider 
how to align management measures for GOM and GB in any recommendations 
it makes to us.
    Comment 18: The Recreational Fishing Alliance, Rhode Island Party 
and Charter Boat Association, Rhode Island Saltwater Anglers 
Association, Connecticut Charter and Party Boat Association, and seven 
individuals opposed the proposed increase in minimum size from 22 to 24 
inches (55.88 to 60.96 cm). The commenters noted the new minimum size 
would increase regulatory discards and could cause effort on GB cod to 
increase as anglers attempt to catch larger cod. These commenters did 
not feel that changing the size limit would be an effective tool to 
control mortality of GB cod, and would result in long-term consequences 
for the fishery.
    Response: The minimization of discards is an overall objective of 
U.S. fisheries management (National Standard 9). Increasing the minimum 
size is likely to result in an increase in regulatory discards. 
However, the amount discards would increase is difficult to estimate 
because it is not only related to the minimum size, but the structure 
of the cod population. For example, a large year-class of cod 
propagating through the fishery may be greater than the minimum size, 
and may represent the majority of fish available to the fishery. In 
this scenario, discards may decline or remain constant despite an 
increase in the minimum size. The implementation of a 23 inch (58.42 
cm) minimum size, as opposed to 24 inches (60.96 cm), is an attempt to 
balance these competing issues.
    While minimizing discards is important, the overall reduction of 
mortality is more important. The current GB cod assessment assumes that 
30 percent of fish discarded in the recreational fishery die, meaning 
that 70 percent survive. So, although discards may increase as a result 
of this action, the majority of these fish survive.
    Previously, the Council had recommended a non-binding 
prioritization of possible measures recommended for consideration when 
developing recreational management measures. 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

[[Page 18980]]

seasons. This prioritization was considered when determining what type 
of management changes should be considered for GB cod.
    Comment 19: The Recreational Fishing Alliance, National Party Boat 
Owners Alliance, and three individuals disagreed that recreational GB 
cod catch is increasing. These commenters suggest that the increasing 
trend is only seen ``on paper'' and the reality is that recreational 
catches have been consistent over the past 10 years.
    Response: The annual estimates of GB cod recreational catch are 
highly variable; however, the data available suggest an increasing 
trend in GB cod catch, since a low in 2013. This trend is reasonable to 
believe given the increasing GB cod stock, and the closure of the GOM 
to recreational cod fishing. Estimated recreational GB cod catch, from 
the 2017 assessment, depicts increasing recreational catch from 2007 to 
2011, low catches in 2012 and 2013, followed by a sharp increase 
through 2016. It is difficult to resolve long-term trend in the 
fishery, particularly given the variability of the MRIP estimates, the 
impacts of the stock size, and other factors that may influence an 
angler's decision to fish recreationally. Given the uncertain impact of 
these variables, we have decided to compare the most recent 3-year 
average to the Council's proposed catch target. We have the flexibility 
to adjust measures for the 2019 fishing year if updated catch 
information alters the outcome of this analysis.

Classification

    The Administrator, Greater Atlantic Region, NMFS, determined that 
these measures are necessary for the conservation and management of the 
Northeast multispecies fishery and that the measures are consistent 
with the Magnuson-Stevens Fishery Conservation and Management Act and 
other applicable laws.
    This final rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866.
    This rule is not an E.O. 13771 regulatory action because this rule 
is not significant under E.O. 12866.
    This final rule does not contain policies with Federalism or 
takings implications as those terms are defined in E.O. 13132 and E.O. 
12630, respectively.
    Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for 
Fisheries finds good cause to make this rule effective May 1, 2018. 
This final rule implements reductions from the current recreational 
management measures for GB cod that will remain in place until this 
rule is effective. Delaying the effective date of this rule increases 
the likelihood that recreational catch in the 2018 fishing year will 
exceed the catch target, and potentially contribute to an overage of 
the overall ACL. In fishing year 2016, the GB cod ACL and ABC were 
exceeded. GB cod is overfished and overfishing is occurring, and it is 
critical that the 2018 recreational management measures, which will 
reduce cod mortality, go into effect with the start of the fishing year 
to ensure that the catch limit is not exceeded again. Thus, delaying 
implementation of these measures would be contrary to the public 
interest of ensuring that GB cod catch limits are not exceeded.
    The Northeast Multispecies fishing year begins on May 1 of each 
year and continues through April 30 of the following calendar year. 
Altering recreational management measures too far after the season has 
begun is problematic because it negatively impacts business planning 
for the for-hire segment of the fishery, causes confusion in the 
fishery, and may result in less compliance with the regulations.
    NMFS could not have finalized this action earlier because of the 
availability of recreational data from MRIP. We, in consultation with 
the Council, develop recreational management measures using MRIP data. 
Effort and catch in the current fishing year is used to gauge 
performance relative to the catch limits, and for GOM cod and haddock 
MRIP data is used in the bioeconomic model to evaluate management 
options. The collection and processing of recreational data creates a 
very compressed period for development and consideration of options, 
consulting with the Council process, and completing proposed and final 
rulemaking. MRIP data is collected on a calendar year basis in 2-month 
waves. Preliminary data from the summer and fall, when recreational 
effort is significant, is not available until December, so analyses are 
not ready until January at the earliest. We consulted with the Council 
in January 2018. On January 31, 2018, the Council voted to recommend to 
us the suite of recreational measures we are implementing. In addition 
to this consultation process, we must fully evaluate and analyze the 
measures under consideration. This involves not only the bioeconomic 
model output presented in January, but also includes an environmental 
analysis of the recommended measures, consistent with the National 
Environmental Policy Act (NEPA) requirements, and a systematic review 
of compliance with other applicable laws. In order to evaluate the 
impact of the 2016 recreational catch overages, and the proposed 
management alternatives, we needed to consider them in the context of 
total catch and catch limits. Final data on commercial catch of GOM and 
GB cod and haddock, and the portion of the catch limit that was caught, 
was not available until February 2018.
    For the reasons outlined, NMFS finds that there is good cause to 
waive the requirement to provide a 30-day delay in implementation.

Regulatory Flexibility Act (RFA)

    A final regulatory flexibility analysis (FRFA) was prepared for 
this action. The FRFA incorporates the IRFA and a summary of the 
analyses completed to support the action. NMFS did not receive any 
comments that were specifically in response to the IRFA. The FRFA 
incorporates sections of the preamble (SUPPLEMENTARY INFORMATION) and 
analyses supporting this rulemaking, including the Framework Adjustment 
57 EA and the supplemental EA to Framework Adjustment 57 (see 
ADDRESSES). A description of the action, why it is being considered, 
and the legal basis for this action are contained in the supplemental 
information report and preamble to the proposed rule, and are not 
repeated here. A summary of the analyses follows.

A Summary of the Significant Issues Raised by the Public in Response to 
the IRFA, a Summary of the Agency's Assessment of Such Issues, and a 
Statement of Any Changes Made in the Final Rule as a Result of Such 
Comments

    Our responses to all of the comments received on the proposed rule, 
including those that raised significant issues with the proposed action 
can be found in the Comments and Responses section of this rule. In the 
proposed rule we solicited comments on two options for GOM cod, and one 
option for GB cod. The majority of comments supported implementing the 
measures that the NEFMC recommended for the GOM (status quo), and 
opposed changes to the GB cod recreational management measures. There 
were no comments that specifically addressed the IRFA.

Description and Estimate of the Number of Small Entities to Which This 
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

[[Page 18981]]

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 fish for 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.

Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements of This Rule

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

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

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

Description of Significant Alternatives to the Rule 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 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.
BILLING CODE 3510-22-P

[[Page 18982]]

[GRAPHIC] [TIFF OMITTED] TR01MY18.010

BILLING CODE 3510-22-C
    Section 212 of the Small Business Regulatory Enforcement Fairness 
Act of 1996 states that, for each rule or group of related rules for 
which an agency is required to prepare a FRFA, the agency shall publish 
one or more guides to assist small entities in complying with the rule, 
and shall designate such publications as ``small entity

[[Page 18983]]

compliance guides.'' The agency shall explain the actions a small 
entity is required to take to comply with a rule or group of rules. As 
part of this rulemaking process, a letter to permit holders that also 
serves as small entity compliance guide (the guide) was prepared. 
Copies of this final rule are available from the Greater Atlantic 
Regional Fisheries Office (see ADDRESSES), and the guide, i.e., 
bulletin, will be sent to all holders of permits for the Northeast 
multispecies fishery. The guide and this final rule will be available 
upon request.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: April 26, 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 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  Prohibitions.

* * * * *
    (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\.              23            58.4
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) Fillets. 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 ``Daily 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         Daily 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.

[[Page 18984]]

 
GOM Haddock..........................  June 1-September 16;     12.....................  September 17-October
                                        November 1-February 28                            31; March 1-April 14;
                                        (or 29); April 15-30.                             May 1-31.
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.
----------------------------------------------------------------------------------------------------------------

    (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 ``Daily 
Possession Limit'' in Table 2 to paragraph (c).

                                            Table 2 to Paragraph (c)
----------------------------------------------------------------------------------------------------------------
               Species                       Open season         Daily 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 16;      10.....................  September 17-October
                                        November 1-February 28                            31; March 1-April 14.
                                        (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 possession 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 daily possession limit. Compliance with the 
daily possession limit for cod and haddock harvested by party, charter, 
and private recreational fishing vessels, in or from the EEZ, with more 
than one person aboard, 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 daily possession limit

[[Page 18985]]

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. 2018-09163 Filed 4-30-18; 8:45 am]
BILLING CODE 3510-22-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.