Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Fishing Year 2019 Recreational Management Measures, 20609-20615 [2019-09685]
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VI. Executive Order 13771
This proposed rule is expected to be
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khammond on DSKBBV9HB2PROD with PROPOSALS
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VIII. Paperwork Reduction Act
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William F. Clark,
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[FR Doc. 2019–09703 Filed 5–9–19; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 190214116–9116–01]
RIN 0648–BI69
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Fishing Year 2019
Recreational Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes fishing year
2019 recreational management measures
for Gulf of Maine cod and haddock and
Georges Bank cod. This action is
SUMMARY:
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20609
necessary to respond to updated catch
and other scientific information. The
proposed measures are intended to
ensure the recreational fishery achieves,
but does not exceed, its fishing year
2019 catch limits.
Comments must be received by
May 28, 2019.
DATES:
You may submit comments
on this document, identified by NOAA–
NMFS–2018–0140, by either of the
following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-2018–
0140.
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields, and
3. Enter or attach your comments.
• Mail: Submit written comments to:
Michael Pentony, Regional
Administrator, National Marine
Fisheries Service, 55 Great Republic
Drive, Gloucester, MA 01930. Mark the
outside of the envelope, ‘‘Comments on
the Fishing Year 2019 Groundfish
Recreational Measures.’’
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
Copies of the analyses supporting this
rulemaking, including the Framework
Adjustment 57 environmental
assessment (EA) prepared by the New
England Fishery Management Council
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.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Emily Keiley, Fishery Management
Specialist, phone: 978–281–9116; email:
Emily.Keiley@noaa.gov.
SUPPLEMENTARY INFORMATION:
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Table of Contents
1. Proposed Gulf of Maine Recreational
Management Measures for Fishing Year
2019
2. Proposed Georges Bank Cod Recreational
Management Measures for Fishing Year
2019
1. Proposed Gulf of Maine Recreational
Management Measures for Fishing Year
2019
Background
The recreational fishery for Gulf of
Maine (GOM) cod and haddock is
managed under the Northeast
Multispecies Fishery Management Plan
(FMP). The multispecies groundfish
fishery opens on May 1 each year and
runs through April 30 of the following
calendar year. The FMP sets sub-annual
catch limits (sub-ACL) for the
recreational fishery each fishing year for
both species. These sub-ACLs are a
fixed proportion of the overall catch
limit for each stock. The FMP also
includes proactive recreational
accountability measures (AM) to
prevent the recreational sub-ACLs from
being exceeded and reactive AMs to
correct the cause or mitigate the effects
of an overage if one occurs.
The proactive AM provision in the
FMP requires the Regional
Administrator, in consultation with the
New England Fishery Management
Council, to develop recreational
management measures for the upcoming
fishing year to ensure that the
recreational sub-ACL is achieved, but
not exceeded. The provisions
authorizing this action can be found in
the FMP’s implementing regulations at
50 CFR 648.89(f)(3).
According to the 2017 stock
assessments, the GOM cod and haddock
stocks are increasing, although cod
remains overfished and subject to a
rebuilding plan. Framework Adjustment
57 to the FMP set 2018 and 2019 ACLs
and sub-ACLs based on the updated
assessments. Framework 58, as
approved by the Council, does not
adjust the fishing year 2019 recreational
sub-ACLs for GOM cod or haddock, and
the 2019 sub-ACLs remain at the same
level as in 2018. The 2019 recreational
sub-ACL for GOM cod is 220 mt, the
2019 recreational sub-ACL for GOM
haddock is 3,358 mt.
Compared to preliminary estimates of
2018 catch, the fishing year 2019 subACLs would allow for a 379-percent
increase in haddock catch, and a 57percent increase in cod catch (Table 1).
Status quo measures are projected to
result in cod and haddock catch below
the 2019 sub-ACLs.
TABLE 1—PRELIMINARY FISHING YEAR 2018 CATCH COMPARED TO FISHING YEAR 2018 AND 2019 SUB-ACLS
2018 and
2019
sub-ACLs
(mt)
GOM Stock
Cod ..................................................................................................................
Haddock ...........................................................................................................
220
3,358
the Council passed a motion to modify
the consultation process this year,
authorizing the Executive Committee to
make final Council recommendations to
the agency. The RAP met and developed
recommendations on February 22, 2019.
The Groundfish Committee reviewed
the RAP’s recommendations at its
February 26 meeting. The Executive
Committee reviewed both sets of
2019 Council Consultation Process and
Timing
The analysis of potential recreational
measures was delayed by the partial
Federal government shutdown, and, as
a result, the Council’s Recreational
Advisory Panel (RAP) was unable to
meet prior to the January Council
meeting. At the January 2019 meeting,
Estimated
2018 catch
(mt)
Percent of FY
2018 sub-ACL
caught
Change in
2018 catch
to reach
2019 sub-ACL
(percent)
64
21
57
379
140
700
recommendations by correspondence.
Table 2 summarizes the
recommendations made by the RAP and
Groundfish Committee. As authorized
by and on behalf of the Council, the
Council’s Executive Committee
recommended that we adopt measures
as proposed by the Groundfish
Committee.
TABLE 2—SUMMARY OF THE STATUS QUO MEASURES AND THE MEASURES RECOMMENDED BY THE RAP, GROUNDFISH
COMMITTEE, AND EXECUTIVE COMMITTEE
GOM haddock
khammond on DSKBBV9HB2PROD with PROPOSALS
Option
Daily
possession
limit
GOM cod
Minimum size
Open season
Status Quo .............
12
17″ (43.2 cm) .........
May 1–Sept 16;
Nov 1–Feb 28;
Apr 15–Apr 30.
RAP Preferred ........
RAP Backup ...........
Groundfish Committee.
15
15
15
15″ (31.1 cm) .........
15″ (31.1 cm) .........
15″ (31.1 cm) .........
All Year ..................
All Year ..................
May 1–Feb 28; Apr
15–Apr 30.
Analysis and Uncertainty
Preliminary estimates of GOM cod
and haddock catch for fishing year 2018
indicate that the recreational fishery
will not achieve the 2018 sub-ACL of
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Daily
possession
limit
Frm 00022
Fmt 4702
Sfmt 4702
Open season
Closed.
1
1
1
either stock. The bioeconomic model
projects that measures for both stocks
can be liberalized without the 2019
recreational fishery’s sub-ACLs being
exceeded. The bioeconomic model’s
PO 00000
Minimum size
19″ (2.9 cm) ...........
21″ (51.3 cm) .........
21″ (51.3 cm) .........
Aug and Apr.
Aug and Apr.
Sept 15–30; Apr
15–Apr 30.
predicted probabilities that catch will
remain at or below the sub-ACLs are
informative. However, the model
frequently underestimates effort and
catch, resulting in the selection of
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management measures that do not
successfully constrain catch to the subACL. In recent years, despite utilization
of the bioeconomic model to inform
management measures, the recreational
fishery exceeded their sub-ACL for
GOM cod four out of five years and, in
two of those years, this contributed to
overages of the acceptable biological
catch (ABC).
The Marine Recreational Information
Program (MRIP) data used in the
bioeconomic model are also highly
variable from year to year. Data from the
MRIP are processed throughout the
fishing year as new data arrive for each
wave (2-month periods), and older data
are updated as needed. Incorporation of
new waves, or updates, may result in
changes to the model output. This
combination of factors makes it difficult
to produce consistent predictions and to
assess the underlying reasons for the
discrepancies between the model’s
predicted catch and estimates of actual
catch.
This year, in addition to the
uncertainty described above, there are
several factors that, when combined,
make this particular year’s model
estimates more uncertain than in any
other year we have used the model:
(1) The bioeconomic model is relying
on projections from stock assessments
that are 3 years beyond the assessments’
terminal year. Projections from stock
assessments become inherently more
uncertain as time progresses. The last
assessment for GOM cod and haddock
occurred in 2017, and the last year of
data used in those assessments was from
2016. The bioeconomic model uses
these projections to inform assumptions
about the population structure.
Utilization of projections from that
model to inform what is happening to
the stocks in fishing year 2019 and 2020
is highly uncertain.
(2) MRIP catch and effort estimates
(1981–2017) based on the Coastal
Household Telephone Survey (CHTS)
were transitioned to the new, mailbased Fishing Effort Survey (FES).
However, the most recently available
stock assessments and sub-ACLs were
based on the CHTS estimates.
Evaluation of catch and development of
management measures will continue to
use data in the CHTS-equivalent until
new assessments are conducted for
these two stocks using FES information.
That means, for fishing year 2018, FES
data had to be converted back into
CHTS values. The introduction of
another model (back-calibration from
CHTS to FES) and the associated
assumptions adds a new layer of
uncertainty.
(3) The bioeconomic model is
predicting effort and behavior in months
that have been closed in recent years.
The bioeconomic model uses behavior
(effort and catch) in the previous year,
in this case fishing year 2018, to tune
the model to predict what is likely to
occur in the next fishing year. This
creates a challenge when the model
needs to predict behavior during time
periods that have been closed in the
prior year. It is more difficult, and there
is additional uncertainty when trying to
model less restrictive management
measures.
Given the potentially significant
uncertainty in the model estimates from
this combination of factors, the
Groundfish Plan Development Team
and members of the RAP suggested rerunning the model using averaged MRIP
data and different assumptions about
recruitment. Due to time constraints,
these analyses could not be produced in
time for consideration by the RAP,
Groundfish Committee, or the Executive
Committee. We are including the results
in this proposed rule.
We conducted sensitivity runs to
evaluate alternatives using different
assumptions within the bioeconomic
model to capture some of the
uncertainty described above. To reduce
the uncertainty associated with using
back-calibrated MRIP data for fishing
year 2018, the bioeconomic model was
re-calibrated to use the average MRIP
effort estimate from fishing years 2016–
2018 (152,340 angler trips) instead of
the fishing year 2018 value (124,994
angler trips). Using an average that
includes 2 years of data that was not
back calibrated may address some of the
uncertainty associated with the back
calibration of 2018 data. Using the
average effort results in higher estimated
cod and haddock mortality in fishing
year 2019 under all of the options. To
address some of the biological
projection uncertainty since the
terminal year of the current assessment
is from 2016, we replaced the 2019
projections with the 2017 projected
stock structure. This provides a far less
optimistic view of recruitment, which
based on recent surveys is likely more
realistic. This assumption results in
slightly higher average cod catch-pertrip (by weight) in the model’s
projections and increases cod mortality
across all of the options.
TABLE 3—FISHING YEAR 2019 GOM COD AND HADDOCK PROJECTIONS FROM THE BIOECONOMIC MODEL
[Sensitivity model run results in italics]
GOM haddock
khammond on DSKBBV9HB2PROD with PROPOSALS
Option
Daily
possession
limit
GOM cod
minimum size
Open season
Daily possession
limit
Status Quo ........
12
17″ (43.2 cm) ....
May 1–Sept 16;
Nov 1–Feb 28;
Apr 15–Apr 30.
RAP Preferred ...
RAP Backup ......
Council Recommended
NMFS Proposed.
15
15
15
15″ (31.1 cm) ....
15″ (31.1 cm) ....
17″ (43.2 cm) ....
All Year .............
All Year .............
May 1–Feb 28;
Apr 15–Apr 30.
Proposed Measures
Given the previously described
uncertainty in the model estimates, the
Groundfish Committee and Executive
Committee recommended more
conservative measures than the RAP,
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minimum size
Closed.
1
1
1
19″ (22.9 cm) ....
21″ (51.3 cm) ....
21″ (51.3 cm) ....
while still allowing a limited directed
cod fishery. The Committees’ preferred
option also increases access to the
healthy haddock stock. We are
proposing the Council’s recommended
measures (see Table 4). While the
bioeconomic model suggests that the
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Open season
Sfmt 4702
Aug and Apr ......
Aug and Apr ......
Sept 15–30; Apr
15–Apr 30.
Predicted
haddock
catch
(mt
Predicted
cod catch
(mt)
791 (839)
114 (154)
1,024 (1,061)
1,022 (1,060)
992 (1,047)
138 (201)
134 (196)
125 (179)
RAP preferred and backup options
would result in cod catch less than the
220 mt sub-ACL, the uncertainty
associated with those projections is
high. The bioeconomic model attempts
to describe the impact directed haddock
fishing has on cod mortality in the Gulf
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Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Proposed Rules
of Maine, as the two stocks are often
found together. The model shows that
proposed measures for haddock are
likely to increase cod interactions, and
therefore mortality. The degree to which
the new haddock measures will affect
cod mortality is highly uncertain
because the model is predicting
behavior in months that were previously
closed (see #3 above).
GOM cod is overfished and subject to
overfishing. The recreational fishery has
exceeded its GOM cod sub-ACL in four
of the last five years. These overages
have contributed to two overages of the
total ACL and ABC. The more
precautionary proposed measures take
into account some of the uncertainty
described above to reduce the chance of
exceeding the GOM cod recreational
sub-ACL while increasing the
opportunity for the recreational fishery
to achieve the recreational sub-ACLs.
Given the uncertainty, condition of the
GOM cod stock, and recent history of
recreational management performance,
we agree with the Council and
Groundfish Committee that a more
precautionary approach is needed this
year, and we are therefore, proposing
their recommended measures.
TABLE 4—STATUS QUO AND PROPOSED 2019 RECREATIONAL MANAGEMENT MEASURES FOR GOM COD AND HADDOCK
GOM haddock
Daily
possession
limit
GOM cod
Minimum
size
Open
season
2018 Measures ......
12
17″ (43.2 cm) .........
May 1–Sep 16; Nov
1–Feb 28/29;
April 15–Apr 30.
2019 Proposed .......
15
17″ (43.2 cm) .........
May 1–Feb 28/29;
Apr 15–Apr 30.
2. Fishing Year 2019 Georges Bank Cod
Recreational Management Measures
Background
As part of Framework 57 to the FMP,
the Council provided the Regional
Administrator authority to adjust the GB
cod recreational management measures
for fishing years 2018 and 2019. Unlike
GOM cod and haddock, there is no
recreational sub-ACL for GB cod and no
accountability measures for the
recreational fishery when an overage
occurs. The Council did not consider a
recreational sub-ACL in Framework 57,
but the Council recommended a catch
target of 138 mt for us to use when
considering adjustments to GB cod
measures. The catch target was based on
the most recent 5-year (calendar years
2012–2016) average recreational catch.
Daily
possession
limit
Minimum
size
Open
season
Closed.
1
The Council expects that measures
designed to achieve this target amount
for the recreational fishery will help the
overall fishery attain, but not exceed, its
overall ACL. We adjusted recreational
GB cod measures for fishing year 2018.
This was the first time GB cod
recreational measures had been changed
since 2010. We increased the minimum
size by 1 inch (2.54 cm) (from 22 to 23
in, 55.9 to 58.4 cm) and reduced the
unlimited for-hire (party/charter) bag
limit to 10 fish per person, consistent
with private vessel’s bag limit. To avoid
using potentially anomalous results
from the highly variable MRIP catch
estimates for GB cod, we used a 3-year
average catch estimate to better
represent long-term trends. We then
compared that catch estimate with the
catch target to determine if adjustments
21″ (51.3 cm) .........
Sept 15–30; Apr
15–Apr 30.
to the management measures were
needed. Because the 3-year average was
higher than the catch target, we adjusted
fishing year 2018 measures as described
above.
This year, the Council asked that we
consider alternative methods to evaluate
GB cod catch and examine management
needs. Even if the preliminary catch
estimate for 2018 was zero, the 3-year
average would still be greater than the
catch target of 138 mt due to an
extremely high 2016 catch estimate.
Proposed Measures
Catch of GB cod was substantially less
in 2017 (53 mt) compared to 2016 (477
mt). Preliminary estimates of 2018 catch
(57 mt) are similar to 2017, indicating
that estimated 2016 catch may have
been an anomaly (Table 5).
TABLE 5—RECREATIONAL CATCH OF GB COD FROM FISHING YEAR 2013–2018 AND THE 3-YEAR MOVING AVERAGE
CATCH
Catch
(mt)
khammond on DSKBBV9HB2PROD with PROPOSALS
Fishing year
2013 .........................................................................................................................................................................
2014 .........................................................................................................................................................................
2015 .........................................................................................................................................................................
2016 .........................................................................................................................................................................
2017 .........................................................................................................................................................................
2018 * .......................................................................................................................................................................
8.0
91.4
165.0
477.5
53.0
57.0
3-Year
average catch
(mt)
........................
........................
88.1
244.6
231.8
195.8
* Catch in 2018 is an estimate.
Given that 2017 and 2018 catch levels
are low compared to the catch target, the
Executive Committee recommended
liberalizing management measures for
GB cod, reducing the minimum size
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18:02 May 09, 2019
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from 23 inches to 21 inches (58.4 to 53.3
cm). The Executive Committee’s
recommendation is consistent with the
Groundfish Committee’s
recommendation. The RAP proposed a
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Fmt 4702
Sfmt 4702
lower minimum size of 19 inches (48.3
cm). We propose the Council’s
recommendations for GB cod (see Table
6). A 21-inch (53.3-cm) minimum fish
size is consistent with the minimum
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Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Proposed Rules
size proposed for GOM cod and is
expected to increase catch by
approximately 20 percent (based on size
frequencies of 2018 catch). Decreasing
the minimum size will allow anglers to
retain fish they would have caught and
then discarded. The estimated increase
in catch would still result in catch lower
than the catch target, if effort in 2019 is
similar to 2017 and 2018. Given the
variability and uncertainty in the GB
cod MRIP estimates, a precautionary
20613
approach to revising measures is
warranted to ensure that the catch target
and ACL are not exceeded. In addition,
having consistent minimum sizes in
GOM and GB is likely to increase
compliance.
TABLE 6—GB COD STATUS QUO AND PROPOSED 2019 MEASURES
Georges Bank cod
Daily
possion
limit
2018 Measures .............................................................................................................................
2019 Proposed ..............................................................................................................................
khammond on DSKBBV9HB2PROD with PROPOSALS
Classification
The NMFS Assistant Administrator
has made a preliminary determination
that this proposed rule is consistent
with the Northeast Multispecies FMP,
other provisions of the MagnusonStevens Act, and other applicable law,
subject to further consideration after
public comment.
This proposed rule has been
determined to be not significant for
purposes of Executive Order (E.O.)
12866.
The Assistant Administrator for
Fisheries finds good cause to have a 15day comment period in accord with the
Administrative Procedures Act and as
provided for in the Magnuson-Stevens
Act. This rule proposes more liberal
management measures for GOM cod,
haddock, and GB cod compared to
current recreational management
measures. The Northeast multispecies
fishing year begins on May 1 of each
year and continues through April 30 of
the following calendar year. Further
delaying final action on these proposed
measures to allow for a longer comment
period than the minimum 15-day
amount allowed for by the MagnusonStevens Act 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. Additionally, further
delay would diminish the value to the
public of increasing the haddock
possession limit because haddock are
abundant near shore during April–June,
making this an important season for the
recreational haddock fishery. We could
not have completed the proposed rule
earlier because of the availability of
recreational data from MRIP and the
required consultation process with the
New England Fishery Management
Council. This rule is straightforward,
and proposes changes that were
discussed during a series of public
meetings. These are yearly measures
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17:08 May 09, 2019
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that are familiar to and anticipated by
fishery participants. Affected and other
interested parties participated in the
Council’s process to develop this action.
Use of a longer comment period would
further delay the implementation of new
recreational management measures
which would increase negative
economic impacts on affected parties.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for this
determination is as follows.
The SBA defines a small commercial
finfishing or shellfishing business as a
firm with annual receipts (gross
revenue) of up to $11.0 million. A small
for-hire recreational fishing business is
defined as a firm with receipts of up to
$7.5 million. Having different size
standards for different types of fishing
activities creates difficulties in
categorizing businesses that participate
in multiple fishing related activities. For
purposes of this assessment business
entities have been classified into the
SBA-defined categories based on which
activity produced the highest percentage
of average annual gross revenues from
2015–2017, the most recent 3-year
period for which data are available. This
classification is now possible because
vessel ownership data have been added
to Northeast permit database. The
ownership data identify all individuals
who own fishing vessels. Using this
information, vessels can be grouped
together according to common owners.
The resulting groupings were treated as
a fishing business for purposes of this
analysis. Revenues summed across all
vessels in a group and the activities that
generate those revenues form the basis
for determining whether the entity is a
large or small business.
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Minimum
size
10
10
23″ (58.4 cm)
21″ (53.3 cm)
Open season
All Year.
All Year.
A for-hire owner and operator can be
held liable for violations of the
proposed regulations; thus, for-hire
business entities are considered directly
affected in this analysis. Private anglers
are not considered ‘‘entities’’ under the
Regulatory Flexibility Act (RFA).
The Northeast Federal landings
database (i.e., vessel trip report data)
indicates that a total of 614 vessels held
a multispecies for-hire fishing permit in
2017 (the most recent full year of
available data). Of the 614 for-hire
permitted vessels only 163 actively
participated in the for-hire Atlantic cod
and haddock fishery in fishing year
2017 (i.e., reported catch of cod or
haddock).
Using vessel ownership information
and vessel trip report data it was
determined that the 163 actively
participating for-hire vessels are owned
by 153 unique fishing business entities.
The vast majority of the 153 fishing
businesses were solely engaged in forhire fishing, but some also earned
revenue from shellfish and/or finfish
fishing. The highest percentage of
annual gross revenues for all but 20 of
the fishing businesses was from for-hire
fishing.
Average annual gross revenue
estimates calculated from the most
recent three years (2015–2017) indicate
that none of the 153 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’’ by the SBA size standards and
thus this action will not
disproportionately affect small versus
large for-hire business entities.
The measures proposed are expected
to have a positive economic effect on
small entities. The proposed measures
could increase catch and effort, in a
scenario when fishing would otherwise
be prohibited. Providing increased
E:\FR\FM\10MYP1.SGM
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Federal Register / Vol. 84, No. 91 / Friday, May 10, 2019 / Proposed Rules
fishing opportunities should increase
profits.
This action is not expected to have a
significant or substantial effect on small
entities. The effects on the regulated
small entities identified in this analysis
are expected to be positive relative to
maintaining the measures in place from
2018. The proposed action liberalizes
recreational management measures for
GOM cod and haddock and Georges
Bank cod. Under the proposed action,
small entities would not be placed at a
competitive disadvantage relative to
large entities, and the regulations would
not reduce the profit for any small
entities. As a result, an initial regulatory
flexibility analysis is not required and
none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: May 7, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, 50 CFR part 648 is proposed
to be amended as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.89, revise paragraphs (b)(1),
(c)(1) and (2) as follows:
■
§ 648.89 Recreational and charter/party
vessel restrictions.
*
*
*
*
*
(b) * * *
(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 may
not possess fish in or from the EEZ that
are 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
21
21
53.3
53.3
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).
*
*
*
*
*
(c) * * *
(1) Private recreational vessels.
Persons aboard private recreational
fishing vessels during the open season
listed in the column titled ‘‘Open
Season’’ in Table 1 to paragraph (c) of
this section, may not possess more fish
in or from the EEZ than the amount
listed in the column titled ‘‘Possession
Limit’’ in Table 1 to paragraph (c) of this
section.
(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) of this section, in or from
the EEZ during that species closed
season as specified in the column titled
‘‘Closed Season’’ in Table 1 to paragraph
(c) of this section.
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TABLE 1 TO PARAGRAPH (c)
Species
Open season
Possession limit
Closed season
GB Cod ..........................................
GOM Cod .......................................
All Year .........................................
September 15–30; April 15–30 ....
10 ..................................................
1 ....................................................
GB Haddock ..................................
GOM Haddock ...............................
All Year .........................................
May 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 .......................................
Unlimited .......................................
12 ..................................................
N/A.
May 1–September 14; October 1–
April 14.
N/A.
March 1–April 14.
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
No retention ..................................
No retention ..................................
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.
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 ..............
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20615
TABLE 1 TO PARAGRAPH (c)—Continued
Species
Open season
Possession limit
Ocean Pout ....................................
CLOSED .......................................
No retention ..................................
Atlantic Halibut ...............................
Atlantic Wolffish .............................
Closed season
All Year.
See paragraph (c)(3).
CLOSED .......................................
(2) Charter or Party Boats. Persons
aboard party or charter boats during the
open season listed in the column titled
No retention ..................................
‘‘Open Season’’ in Table 2 to paragraph
(c) of this section, may not possess more
fish in or from the EEZ than the amount
All Year.
listed in the column titled ‘‘Possession
Limit’’ in Table 2 to paragraph (c) of this
section.
TABLE 2 TO PARAGRAPH (c)
Species
Open season
Possession limit
Closed season
GB Cod ..........................................
GOM Cod .......................................
All Year .........................................
September 15–30; April 15–30 ....
10 ..................................................
1 ....................................................
GB Haddock ..................................
GOM Haddock ...............................
All Year .........................................
May 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 .......................................
Unlimited .......................................
12 ..................................................
N/A.
May 1–September 14; October 1–
April 14.
N/A.
March 1–April 14.
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
Unlimited .......................................
No retention ..................................
No retention ..................................
No retention ..................................
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 .............................
*
*
*
*
See Paragraph (c)(3)
CLOSED .......................................
No retention ..................................
All Year.
*
[FR Doc. 2019–09685 Filed 5–9–19; 8:45 am]
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]]>Agencies
[Federal Register Volume 84, Number 91 (Friday, May 10, 2019)]
[Proposed Rules]
[Pages 20609-20615]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09685]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 190214116-9116-01]
RIN 0648-BI69
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Fishing Year 2019 Recreational Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS proposes fishing year 2019 recreational management
measures for Gulf of Maine cod and haddock and Georges Bank cod. This
action is necessary to respond to updated catch and other scientific
information. The proposed measures are intended to ensure the
recreational fishery achieves, but does not exceed, its fishing year
2019 catch limits.
DATES: Comments must be received by May 28, 2019.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2018-0140, by either of the following methods:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0140.
2. Click the ``Comment Now!'' icon, complete the required fields,
and
3. Enter or attach your comments.
Mail: Submit written comments to: Michael Pentony,
Regional Administrator, National Marine Fisheries Service, 55 Great
Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope,
``Comments on the Fishing Year 2019 Groundfish Recreational Measures.''
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
Copies of the analyses supporting this rulemaking, including the
Framework Adjustment 57 environmental assessment (EA) prepared by the
New England Fishery Management Council 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:
[[Page 20610]]
Table of Contents
1. Proposed Gulf of Maine Recreational Management Measures for
Fishing Year 2019
2. Proposed Georges Bank Cod Recreational Management Measures for
Fishing Year 2019
1. Proposed Gulf of Maine Recreational Management Measures for Fishing
Year 2019
Background
The recreational fishery for Gulf of Maine (GOM) cod and haddock is
managed under the Northeast Multispecies Fishery Management Plan (FMP).
The multispecies groundfish fishery opens on May 1 each year and runs
through April 30 of the following calendar year. The FMP sets sub-
annual catch limits (sub-ACL) for the recreational fishery each fishing
year for both species. These sub-ACLs are a fixed proportion of the
overall catch limit for each stock. The FMP also includes proactive
recreational accountability measures (AM) to prevent the recreational
sub-ACLs from being exceeded and reactive AMs to correct the cause or
mitigate the effects of an overage if one occurs.
The proactive AM provision in the FMP requires the Regional
Administrator, in consultation with the New England Fishery Management
Council, to develop recreational management measures for the upcoming
fishing year to ensure that the recreational sub-ACL is achieved, but
not exceeded. The provisions authorizing this action can be found in
the FMP's implementing regulations at 50 CFR 648.89(f)(3).
According to the 2017 stock assessments, the GOM cod and haddock
stocks are increasing, although cod remains overfished and subject to a
rebuilding plan. Framework Adjustment 57 to the FMP set 2018 and 2019
ACLs and sub-ACLs based on the updated assessments. Framework 58, as
approved by the Council, does not adjust the fishing year 2019
recreational sub-ACLs for GOM cod or haddock, and the 2019 sub-ACLs
remain at the same level as in 2018. The 2019 recreational sub-ACL for
GOM cod is 220 mt, the 2019 recreational sub-ACL for GOM haddock is
3,358 mt.
Compared to preliminary estimates of 2018 catch, the fishing year
2019 sub-ACLs would allow for a 379-percent increase in haddock catch,
and a 57-percent increase in cod catch (Table 1). Status quo measures
are projected to result in cod and haddock catch below the 2019 sub-
ACLs.
Table 1--Preliminary Fishing Year 2018 Catch Compared to Fishing Year 2018 and 2019 Sub-ACLs
----------------------------------------------------------------------------------------------------------------
Change in 2018
2018 and 2019 Estimated 2018 Percent of FY catch to reach
GOM Stock sub-ACLs (mt) catch (mt) 2018 sub-ACL 2019 sub-ACL
caught (percent)
----------------------------------------------------------------------------------------------------------------
Cod............................................. 220 140 64 57
Haddock......................................... 3,358 700 21 379
----------------------------------------------------------------------------------------------------------------
2019 Council Consultation Process and Timing
The analysis of potential recreational measures was delayed by the
partial Federal government shutdown, and, as a result, the Council's
Recreational Advisory Panel (RAP) was unable to meet prior to the
January Council meeting. At the January 2019 meeting, the Council
passed a motion to modify the consultation process this year,
authorizing the Executive Committee to make final Council
recommendations to the agency. The RAP met and developed
recommendations on February 22, 2019. The Groundfish Committee reviewed
the RAP's recommendations at its February 26 meeting. The Executive
Committee reviewed both sets of recommendations by correspondence.
Table 2 summarizes the recommendations made by the RAP and Groundfish
Committee. As authorized by and on behalf of the Council, the Council's
Executive Committee recommended that we adopt measures as proposed by
the Groundfish Committee.
Table 2--Summary of the Status Quo Measures and the Measures Recommended by the RAP, Groundfish Committee, and Executive Committee
--------------------------------------------------------------------------------------------------------------------------------------------------------
GOM haddock GOM cod
----------------------------------------------------------------------------------------------------------------------
Option Daily Daily
possession Minimum size Open season possession Minimum size Open season
limit limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
Status Quo....................... 12 17'' (43.2 cm)...... May 1-Sept 16; Nov 1- Closed.
Feb 28; Apr 15-Apr
30.
----------------------------------------------------------
RAP Preferred.................... 15 15'' (31.1 cm)...... All Year............ 1 19'' (2.9 cm)....... Aug and Apr.
RAP Backup....................... 15 15'' (31.1 cm)...... All Year............ 1 21'' (51.3 cm)...... Aug and Apr.
Groundfish Committee............. 15 15'' (31.1 cm)...... May 1-Feb 28; Apr 15- 1 21'' (51.3 cm)...... Sept 15-30; Apr 15-
Apr 30. Apr 30.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Analysis and Uncertainty
Preliminary estimates of GOM cod and haddock catch for fishing year
2018 indicate that the recreational fishery will not achieve the 2018
sub-ACL of either stock. The bioeconomic model projects that measures
for both stocks can be liberalized without the 2019 recreational
fishery's sub-ACLs being exceeded. The bioeconomic model's predicted
probabilities that catch will remain at or below the sub-ACLs are
informative. However, the model frequently underestimates effort and
catch, resulting in the selection of
[[Page 20611]]
management measures that do not successfully constrain catch to the
sub-ACL. In recent years, despite utilization of the bioeconomic model
to inform management measures, the recreational fishery exceeded their
sub-ACL for GOM cod four out of five years and, in two of those years,
this contributed to overages of the acceptable biological catch (ABC).
The Marine Recreational Information Program (MRIP) data used in the
bioeconomic model are also highly variable from year to year. Data from
the MRIP are processed throughout the fishing year as new data arrive
for each wave (2-month periods), and older data are updated as needed.
Incorporation of new waves, or updates, may result in changes to the
model output. This combination of factors makes it difficult to produce
consistent predictions and to assess the underlying reasons for the
discrepancies between the model's predicted catch and estimates of
actual catch.
This year, in addition to the uncertainty described above, there
are several factors that, when combined, make this particular year's
model estimates more uncertain than in any other year we have used the
model:
(1) The bioeconomic model is relying on projections from stock
assessments that are 3 years beyond the assessments' terminal year.
Projections from stock assessments become inherently more uncertain as
time progresses. The last assessment for GOM cod and haddock occurred
in 2017, and the last year of data used in those assessments was from
2016. The bioeconomic model uses these projections to inform
assumptions about the population structure. Utilization of projections
from that model to inform what is happening to the stocks in fishing
year 2019 and 2020 is highly uncertain.
(2) MRIP catch and effort estimates (1981-2017) based on the
Coastal Household Telephone Survey (CHTS) were transitioned to the new,
mail-based Fishing Effort Survey (FES). However, the most recently
available stock assessments and sub-ACLs were based on the CHTS
estimates. Evaluation of catch and development of management measures
will continue to use data in the CHTS-equivalent until new assessments
are conducted for these two stocks using FES information. That means,
for fishing year 2018, FES data had to be converted back into CHTS
values. The introduction of another model (back-calibration from CHTS
to FES) and the associated assumptions adds a new layer of uncertainty.
(3) The bioeconomic model is predicting effort and behavior in
months that have been closed in recent years. The bioeconomic model
uses behavior (effort and catch) in the previous year, in this case
fishing year 2018, to tune the model to predict what is likely to occur
in the next fishing year. This creates a challenge when the model needs
to predict behavior during time periods that have been closed in the
prior year. It is more difficult, and there is additional uncertainty
when trying to model less restrictive management measures.
Given the potentially significant uncertainty in the model
estimates from this combination of factors, the Groundfish Plan
Development Team and members of the RAP suggested re-running the model
using averaged MRIP data and different assumptions about recruitment.
Due to time constraints, these analyses could not be produced in time
for consideration by the RAP, Groundfish Committee, or the Executive
Committee. We are including the results in this proposed rule.
We conducted sensitivity runs to evaluate alternatives using
different assumptions within the bioeconomic model to capture some of
the uncertainty described above. To reduce the uncertainty associated
with using back-calibrated MRIP data for fishing year 2018, the
bioeconomic model was re-calibrated to use the average MRIP effort
estimate from fishing years 2016-2018 (152,340 angler trips) instead of
the fishing year 2018 value (124,994 angler trips). Using an average
that includes 2 years of data that was not back calibrated may address
some of the uncertainty associated with the back calibration of 2018
data. Using the average effort results in higher estimated cod and
haddock mortality in fishing year 2019 under all of the options. To
address some of the biological projection uncertainty since the
terminal year of the current assessment is from 2016, we replaced the
2019 projections with the 2017 projected stock structure. This provides
a far less optimistic view of recruitment, which based on recent
surveys is likely more realistic. This assumption results in slightly
higher average cod catch-per-trip (by weight) in the model's
projections and increases cod mortality across all of the options.
Table 3--Fishing year 2019 GOM Cod and Haddock Projections From the Bioeconomic Model
[Sensitivity model run results in italics]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GOM haddock GOM cod
----------------------------------------------------------------------------------------------------------------------------- Predicted
Option Daily Daily haddock catch Predicted cod
possession minimum size Open season possession minimum size Open season (mt catch (mt)
limit limit
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Status Quo......................... 12 17'' (43.2 cm)........ May 1-Sept 16; Nov 1- Closed. 791 (839) 114 (154)
Feb 28; Apr 15-Apr
30.
--------------------------------------------------------------
RAP Preferred...................... 15 15'' (31.1 cm)........ All Year............. 1 19'' (22.9 cm)....... Aug and Apr.......... 1,024 (1,061) 138 (201)
RAP Backup......................... 15 15'' (31.1 cm)........ All Year............. 1 21'' (51.3 cm)....... Aug and Apr.......... 1,022 (1,060) 134 (196)
Council Recommended NMFS Proposed.. 15 17'' (43.2 cm)........ May 1-Feb 28; Apr 15- 1 21'' (51.3 cm)....... Sept 15-30; Apr 15- 992 (1,047) 125 (179)
Apr 30. Apr 30.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed Measures
Given the previously described uncertainty in the model estimates,
the Groundfish Committee and Executive Committee recommended more
conservative measures than the RAP, while still allowing a limited
directed cod fishery. The Committees' preferred option also increases
access to the healthy haddock stock. We are proposing the Council's
recommended measures (see Table 4). While the bioeconomic model
suggests that the RAP preferred and backup options would result in cod
catch less than the 220 mt sub-ACL, the uncertainty associated with
those projections is high. The bioeconomic model attempts to describe
the impact directed haddock fishing has on cod mortality in the Gulf
[[Page 20612]]
of Maine, as the two stocks are often found together. The model shows
that proposed measures for haddock are likely to increase cod
interactions, and therefore mortality. The degree to which the new
haddock measures will affect cod mortality is highly uncertain because
the model is predicting behavior in months that were previously closed
(see #3 above).
GOM cod is overfished and subject to overfishing. The recreational
fishery has exceeded its GOM cod sub-ACL in four of the last five
years. These overages have contributed to two overages of the total ACL
and ABC. The more precautionary proposed measures take into account
some of the uncertainty described above to reduce the chance of
exceeding the GOM cod recreational sub-ACL while increasing the
opportunity for the recreational fishery to achieve the recreational
sub-ACLs. Given the uncertainty, condition of the GOM cod stock, and
recent history of recreational management performance, we agree with
the Council and Groundfish Committee that a more precautionary approach
is needed this year, and we are therefore, proposing their recommended
measures.
Table 4--Status Quo and Proposed 2019 Recreational Management Measures for GOM Cod and Haddock
--------------------------------------------------------------------------------------------------------------------------------------------------------
GOM haddock GOM cod
----------------------------------------------------------------------------------------------------------------------
Daily Daily
possession Minimum size Open season possession Minimum size Open season
limit limit
--------------------------------------------------------------------------------------------------------------------------------------------------------
2018 Measures.................... 12 17'' (43.2 cm)...... May 1-Sep 16; Nov 1- Closed.
Feb 28/29; April 15-
Apr 30.
----------------------------------------------------------
2019 Proposed.................... 15 17'' (43.2 cm)...... May 1-Feb 28/29; Apr 1 21'' (51.3 cm)...... Sept 15-30; Apr 15-
15-Apr 30. Apr 30.
--------------------------------------------------------------------------------------------------------------------------------------------------------
2. Fishing Year 2019 Georges Bank Cod Recreational Management Measures
Background
As part of Framework 57 to the FMP, the Council provided the
Regional Administrator authority to adjust the GB cod recreational
management measures for fishing years 2018 and 2019. Unlike GOM cod and
haddock, there is no recreational sub-ACL for GB cod and no
accountability measures for the recreational fishery when an overage
occurs. The Council did not consider a recreational sub-ACL in
Framework 57, but the Council recommended a catch target of 138 mt for
us to use when considering adjustments to GB cod measures. The catch
target was based on the most recent 5-year (calendar years 2012-2016)
average recreational catch. The Council expects that measures designed
to achieve this target amount for the recreational fishery will help
the overall fishery attain, but not exceed, its overall ACL. We
adjusted recreational GB cod measures for fishing year 2018. This was
the first time GB cod recreational measures had been changed since
2010. We increased the minimum size by 1 inch (2.54 cm) (from 22 to 23
in, 55.9 to 58.4 cm) and reduced the unlimited for-hire (party/charter)
bag limit to 10 fish per person, consistent with private vessel's bag
limit. To avoid using potentially anomalous results from the highly
variable MRIP catch estimates for GB cod, we used a 3-year average
catch estimate to better represent long-term trends. We then compared
that catch estimate with the catch target to determine if adjustments
to the management measures were needed. Because the 3-year average was
higher than the catch target, we adjusted fishing year 2018 measures as
described above.
This year, the Council asked that we consider alternative methods
to evaluate GB cod catch and examine management needs. Even if the
preliminary catch estimate for 2018 was zero, the 3-year average would
still be greater than the catch target of 138 mt due to an extremely
high 2016 catch estimate.
Proposed Measures
Catch of GB cod was substantially less in 2017 (53 mt) compared to
2016 (477 mt). Preliminary estimates of 2018 catch (57 mt) are similar
to 2017, indicating that estimated 2016 catch may have been an anomaly
(Table 5).
Table 5--Recreational Catch of GB Cod From Fishing Year 2013-2018 and
the 3-Year Moving Average Catch
------------------------------------------------------------------------
3-Year average
Fishing year Catch (mt) catch (mt)
------------------------------------------------------------------------
2013.................................... 8.0 ..............
2014.................................... 91.4 ..............
2015.................................... 165.0 88.1
2016.................................... 477.5 244.6
2017.................................... 53.0 231.8
2018 *.................................. 57.0 195.8
------------------------------------------------------------------------
* Catch in 2018 is an estimate.
Given that 2017 and 2018 catch levels are low compared to the catch
target, the Executive Committee recommended liberalizing management
measures for GB cod, reducing the minimum size from 23 inches to 21
inches (58.4 to 53.3 cm). The Executive Committee's recommendation is
consistent with the Groundfish Committee's recommendation. The RAP
proposed a lower minimum size of 19 inches (48.3 cm). We propose the
Council's recommendations for GB cod (see Table 6). A 21-inch (53.3-cm)
minimum fish size is consistent with the minimum
[[Page 20613]]
size proposed for GOM cod and is expected to increase catch by
approximately 20 percent (based on size frequencies of 2018 catch).
Decreasing the minimum size will allow anglers to retain fish they
would have caught and then discarded. The estimated increase in catch
would still result in catch lower than the catch target, if effort in
2019 is similar to 2017 and 2018. Given the variability and uncertainty
in the GB cod MRIP estimates, a precautionary approach to revising
measures is warranted to ensure that the catch target and ACL are not
exceeded. In addition, having consistent minimum sizes in GOM and GB is
likely to increase compliance.
Table 6--GB Cod Status Quo and Proposed 2019 Measures
----------------------------------------------------------------------------------------------------------------
Georges Bank cod
-----------------------------------------------------------------
Daily possion
limit Minimum size Open season
----------------------------------------------------------------------------------------------------------------
2018 Measures................................. 10 23'' (58.4 cm) All Year.
2019 Proposed................................. 10 21'' (53.3 cm) All Year.
----------------------------------------------------------------------------------------------------------------
Classification
The NMFS Assistant Administrator has made a preliminary
determination that this proposed rule is consistent with the Northeast
Multispecies FMP, other provisions of the Magnuson-Stevens Act, and
other applicable law, subject to further consideration after public
comment.
This proposed rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
The Assistant Administrator for Fisheries finds good cause to have
a 15-day comment period in accord with the Administrative Procedures
Act and as provided for in the Magnuson-Stevens Act. This rule proposes
more liberal management measures for GOM cod, haddock, and GB cod
compared to current recreational management measures. The Northeast
multispecies fishing year begins on May 1 of each year and continues
through April 30 of the following calendar year. Further delaying final
action on these proposed measures to allow for a longer comment period
than the minimum 15-day amount allowed for by the Magnuson-Stevens Act
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. Additionally, further delay would
diminish the value to the public of increasing the haddock possession
limit because haddock are abundant near shore during April-June, making
this an important season for the recreational haddock fishery. We could
not have completed the proposed rule earlier because of the
availability of recreational data from MRIP and the required
consultation process with the New England Fishery Management Council.
This rule is straightforward, and proposes changes that were discussed
during a series of public meetings. These are yearly measures that are
familiar to and anticipated by fishery participants. Affected and other
interested parties participated in the Council's process to develop
this action. Use of a longer comment period would further delay the
implementation of new recreational management measures which would
increase negative economic impacts on affected parties.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities. The factual basis for this determination is as follows.
The SBA defines a small commercial finfishing or shellfishing
business as a firm with annual receipts (gross revenue) of up to $11.0
million. A small for-hire recreational fishing business is defined as a
firm with receipts of up to $7.5 million. Having different size
standards for different types of fishing activities creates
difficulties in categorizing businesses that participate in multiple
fishing related activities. For purposes of this assessment business
entities have been classified into the SBA-defined categories based on
which activity produced the highest percentage of average annual gross
revenues from 2015-2017, the most recent 3-year period for which data
are available. This classification is now possible because vessel
ownership data have been added to Northeast permit database. The
ownership data identify all individuals who own fishing vessels. Using
this information, vessels can be grouped together according to common
owners. The resulting groupings were treated as a fishing business for
purposes of this analysis. Revenues summed across all vessels in a
group and the activities that generate those revenues form the basis
for determining whether the entity is a large or small business.
A for-hire owner and operator can be held liable for violations of
the proposed regulations; thus, for-hire business entities are
considered directly affected in this analysis. Private anglers are not
considered ``entities'' under the Regulatory Flexibility Act (RFA).
The Northeast Federal landings database (i.e., vessel trip report
data) indicates that a total of 614 vessels held a multispecies for-
hire fishing permit in 2017 (the most recent full year of available
data). Of the 614 for-hire permitted vessels only 163 actively
participated in the for-hire Atlantic cod and haddock fishery in
fishing year 2017 (i.e., reported catch of cod or haddock).
Using vessel ownership information and vessel trip report data it
was determined that the 163 actively participating for-hire vessels are
owned by 153 unique fishing business entities. The vast majority of the
153 fishing businesses were solely engaged in for-hire fishing, but
some also earned revenue from shellfish and/or finfish fishing. The
highest percentage of annual gross revenues for all but 20 of the
fishing businesses was from for-hire fishing.
Average annual gross revenue estimates calculated from the most
recent three years (2015-2017) indicate that none of the 153 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'' by the SBA size standards and thus this action will not
disproportionately affect small versus large for-hire business
entities.
The measures proposed are expected to have a positive economic
effect on small entities. The proposed measures could increase catch
and effort, in a scenario when fishing would otherwise be prohibited.
Providing increased
[[Page 20614]]
fishing opportunities should increase profits.
This action is not expected to have a significant or substantial
effect on small entities. The effects on the regulated small entities
identified in this analysis are expected to be positive relative to
maintaining the measures in place from 2018. The proposed action
liberalizes recreational management measures for GOM cod and haddock
and Georges Bank cod. Under the proposed action, small entities would
not be placed at a competitive disadvantage relative to large entities,
and the regulations would not reduce the profit for any small entities.
As a result, an initial regulatory flexibility analysis is not required
and none has been prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: May 7, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is
proposed to be amended as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.89, revise paragraphs (b)(1), (c)(1) and (2) as
follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(b) * * *
(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 may not possess fish in or from
the EEZ that are smaller than the minimum fish sizes, measured in total
length, as follows:
------------------------------------------------------------------------
Minimum size
Species -------------------------------
Inches cm
------------------------------------------------------------------------
Cod:
Inside GOM Regulated Mesh Area \1\.. 21 53.3
Outside GOM Regulated Mesh Area \1\. 21 53.3
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).
* * * * *
(c) * * *
(1) Private recreational vessels. Persons aboard private
recreational fishing vessels during the open season listed in the
column titled ``Open Season'' in Table 1 to paragraph (c) of this
section, may not possess more fish in or from the EEZ than the amount
listed in the column titled ``Possession Limit'' in Table 1 to
paragraph (c) of this section.
(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) of this section, in or from the
EEZ during that species closed season as specified in the column titled
``Closed Season'' in Table 1 to paragraph (c) of this section.
Table 1 to Paragraph (c)
----------------------------------------------------------------------------------------------------------------
Species Open season Possession limit Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod............................... All Year............... 10..................... N/A.
GOM Cod.............................. September 15-30; April 1...................... May 1-September 14;
15-30. October 1-April 14.
GB Haddock........................... All Year............... Unlimited.............. N/A.
GOM Haddock.......................... May 1-February 28 (or 12..................... March 1-April 14.
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.
[[Page 20615]]
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
during the open season listed in the column titled ``Open Season'' in
Table 2 to paragraph (c) of this section, may not possess more fish in
or from the EEZ than the amount listed in the column titled
``Possession Limit'' in Table 2 to paragraph (c) of this section.
Table 2 to Paragraph (c)
----------------------------------------------------------------------------------------------------------------
Species Open season Possession limit Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod............................... All Year............... 10..................... N/A.
GOM Cod.............................. September 15-30; April 1...................... May 1-September 14;
15-30. October 1-April 14.
GB Haddock........................... All Year............... Unlimited.............. N/A.
GOM Haddock.......................... May 1-February 28 (or 12..................... March 1-April 14.
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.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-09685 Filed 5-9-19; 8:45 am]
BILLING CODE 3510-22-P
