Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Fishing Year 2020 Recreational Management Measures, 49602-49606 [2020-17707]
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49602
Federal Register / Vol. 85, No. 158 / Friday, August 14, 2020 / Rules and Regulations
interim rule as a final rule without
change.
The effective date for the interim
rule that published April 2, 2020, at 85
FR 18455, is affirmed as April 2, 2020.
ADDRESSES: Documents pertaining to
this rulemaking action are available on
the internet at the Federal eRulemaking
Portal: https://www.regulations.gov at
Docket No. FWS–R7–MB–2020–0008.
FOR FURTHER INFORMATION CONTACT: Eric
J. Taylor, U.S. Fish and Wildlife Service,
1011 E Tudor Road, Mail Stop 201,
Anchorage, AK 99503; (907) 903–7210.
SUPPLEMENTARY INFORMATION:
DATES:
Background
khammond on DSKJM1Z7X2PROD with RULES
On April 2, 2020, we, the U.S. Fish
and Wildlife Service, published an
interim rule in the Federal Register
revising regulations in title 50 of the
Code of Federal Regulations (CFR) in
part 92 (85 FR 18455). These regulations
pertain to the take of migratory birds in
Alaska for subsistence uses during the
spring and summer, when sport hunting
of migratory birds is not allowed. Prior
to the interim rule, the regulations in 50
CFR part 92, subpart D, were last
amended April 3, 2019 (84 FR 12946).
We derive our authority to issue these
regulations from the Migratory Bird
Treaty Act of 1918 (MBTA), at 16 U.S.C.
712(1), which authorizes the Secretary
of the Interior, in accordance with the
treaties with Canada, Mexico, Japan,
and Russia, to issue regulations to
ensure that ‘‘the taking of migratory
birds and the collection of their eggs, by
the indigenous inhabitants of the State
of Alaska, shall be permitted for their
own nutritional and other essential
needs, as determined by the Secretary of
the Interior, during seasons established
so as to provide for the preservation and
maintenance of stocks of migratory
birds.’’ Per the MBTA, the normal
season for the subsistence harvest of
migratory birds in Alaska begins on
April 2 each year.
The provisions of the interim rule
were the current regulations at § 92.31,
with one change. These provisions were
also set forth in rules issued in 2017,
2018, and 2019. In response to those
rulemaking actions, no significant
controversy was raised during the
public comment periods.
Public Comments
We solicited public comments on the
interim rule until April 13, 2020. By the
close of the comment period, we
received two comments. One comment
was outside the scope of this
rulemaking action, and the other
comment expressed opposition to the
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19:16 Aug 13, 2020
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rule because it allows the killing of
birds.
Service Response: For centuries,
indigenous inhabitants of Alaska have
harvested migratory birds for
subsistence purposes during the spring
and summer months. The U.S. treaties
with Canada and Mexico were amended
for the express purpose of allowing
subsistence hunting for migratory birds
during these months. Consequently, as
discussed above, the MBTA also
provides for the issuance of regulations
to allow such hunting; see 16 U.S.C.
712(1). Therefore, this rule furthers a
legitimate purpose as set forth in
international treaties and U.S. law.
As stated in the interim rule, the
migratory bird subsistence harvest
regulations are developed cooperatively.
The Alaska Migratory Bird CoManagement Council consists of the
U.S. Fish and Wildlife Service, the
Alaska Department of Fish and Game,
and representatives of Alaska’s Native
population. The Council’s primary
purpose is to develop recommendations
pertaining to the subsistence harvest of
migratory birds.
The Council recommended changes to
the subsistence harvest regulations in
2018 and 2019. Therefore, in a related
rulemaking action (RIN 1018–BF12,
Docket No. FWS–R7–MB–2020–0022),
we are taking action to revise § 92.31 as
recommended by the Council.
Required Determinations
We hereby affirm our responses to the
following determinations required of the
Federal rulemaking process as
published in the April 2, 2020, interim
rule (85 FR 18455):
• Executive Orders 12630, 12866,
12988, 13132, 13175, 13211, 13563, and
13771
• Regulatory Flexibility Act and
Small Business Regulatory
• Enforcement Fairness Act (5 U.S.C.
601 et seq. and 804(2))
• Unfunded Mandates Reform Act (2
U.S.C. 1501 et seq.)
• Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.)
• National Environmental Policy Act
(42 U.S.C. 4321 et seq.)
• Government-to-Government
Relations with Native American Tribal
Governments (59 FR 22951, and 512 DM
2)
List of Subjects in 50 CFR Part 92
Hunting, Treaties, Wildlife.
Affirmation of Interim Rule
Accordingly, the Department of the
Interior affirms as a final rule, without
Frm 00014
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Authority: 16 U.S.C. 703–712.
George Wallace,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2020–17026 Filed 8–13–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
Related Rulemaking
PO 00000
change, the interim rule amending 50
CFR part 92 that was published at 85 FR
18455 on April 2, 2020.
Sfmt 4700
[Docket No. 200807–0210]
RIN 0648–BJ54
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Fishing Year 2020
Recreational Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Interim final rule; request for
comments.
AGENCY:
This rule sets fishing year
2020 recreational management measures
for Gulf of Maine cod and haddock. This
action is necessary to respond to
updated catch and other scientific
information. The measures are intended
to ensure the recreational fishery
achieves, but does not exceed, fishing
year 2020 catch limits.
DATES: This action is effective August
13, 2020. Comments must be received
on or before September 14, 2020.
ADDRESSES: You may submit comments
on this document, identified by NOAA–
NMFS–2020–0105, by the following
method:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20200105,
2. Click the ‘‘Comment Now!’’ icon,
complete the required fields, and
3. Enter or attach your comments.
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.),
SUMMARY:
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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 59 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:
Spencer Talmage, Fishery Management
Specialist, phone: 978–281–9232; email:
Spencer.Talmage@noaa.gov.
SUPPLEMENTARY INFORMATION:
Background
The recreational fishery for Gulf of
Maine (GOM) cod and haddock is
managed under the Northeast
Multispecies Fishery Management Plan
(FMP). The multispecies fishing year
starts on May 1 and runs through April
30 of the following calendar year. The
FMP sets sub-annual catch limits (subACL) for the recreational fishery each
fishing year for both species. These subACLs 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 subACLs 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 allows 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).
The 2020 recreational sub-ACL for
GOM cod is 193 metric tons (mt) and
6,210 mt for GOM haddock.
Using the 2020 sub-ACLs and a peerreviewed bioeconomic model developed
by NMFS’s Northeast Fisheries Science
Center that predicts fishing behavior
under different management measures,
we estimated 2020 recreational GOM
cod and haddock removals under
various combinations of minimum sizes,
possession limits, and closed seasons.
The bioeconomic model considers
measures for the two stocks in
conjunction because cod are commonly
caught while recreational participants
are targeting haddock, linking the catch
and effort for each stock to the other.
Preliminary estimates of GOM cod and
haddock catch for fishing year 2019
indicate that the recreational fishery
will not exceed the sub-ACL of either
stock.
For each of the sets of management
measures, 100 simulations of the
bioeconomic model were conducted,
and the number of simulations which
yielded mortality estimates under the
sub-ACL was used as an estimate of the
probability that set of measures will not
result in an overage of the sub-ACL.
Several sets of measures considered
using the bioeconomic model were
rejected because the measures failed to
exceed a 50-percent probability of
removals remaining under the GOM cod
sub-ACL. Two sets of possible measures
resulted in model-estimated removals
under the sub-ACL greater than 50
percent of the time. These were the
status quo measures, Option 1, and an
alternative, Option 2, which included
the status quo measures and added an
April 15 through 30 open season for cod
(Table 1).
The bioeconomic model projects that
measures for both GOM cod and
haddock can be liberalized somewhat
without the 2020 recreational fishery’s
sub-ACLs being exceeded. With any
given model, however, there exists some
level of uncertainty in the accuracy of
model predictions. As in past years, we
are using preliminary data from the
Marine Recreational Information
Program (MRIP) for this fishing year.
Incorporation of new waves, or data
updates, may result in changes in model
estimates. MRIP data can be uncertain
and highly variable from year to year.
This is the first year in which the new,
mail-based Fishing Effort Survey
metrics were able to be used directly in
the bioeconomic model to predict
mortality. This reduced uncertainty
relative to last year, which was caused
by back-calibration of the MRIP
estimates to the old Coastal Household
Telephone Survey metrics.
TABLE 1—SUMMARY OF THE MEASURES ANALYZED BY THE BIOECONOMIC MODEL
Haddock
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2020 options
Possession
limit
Minimum size
1 (Status Quo) ...
15
2 .........................
15
17 inches (43.18
cm).
17 inches (43.18
cm).
Open season
May 1–February
28, April 15–30.
May–February 28,
April 15–30.
The results of the bioeconomic model
run were shared with the Council and
its Recreational Advisory Panel (RAP)
and Groundfish Committee for review.
At its January meeting, the Council
voted to recommend a set of measures
that added an April 1–14 season for cod
and extend the haddock open season to
April 1. The Council expects this
recommendation to result in catch of
cod that would not exceed the sub-ACL.
This was based on an assumption that
the estimates for mortality under Option
2 could be used as an upper bound
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Cod
Predicted
catch
(mt)
Simulations
under haddock
sub-ACL
(%)
1,092
1,094
Possession
limit
Minimum size
100
1
100
1
21 inches (53.34
cm).
21 inches (53.34
cm).
estimate for mortality for their
recommendation. The Council
recommendation would not allow
fishing for cod from April 15–30, which
was included in the bioeconomic model
run for Option 2. A recommendation for
an open cod season in that time period
was disapproved in 2019 due to our and
the public’s concern about adverse
impacts on spawning cod.
We intended to propose the Council
recommendation from January.
However, on April 29, 2020, we
received a letter from the Council which
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Open season
Predicted
catch
(mt)
Simulations
under cod
sub-ACL
(%)
September 15–30
185
67
September 15–30,
April 15–30.
187
65
stated that it planned on revisiting its
recommendations at its June meeting to
address unexpected disruptions to the
for-hire recreational fishery. These
included state restrictions on the
operation of for-hire recreational fishing
vessels.
At its June Meeting, the Council
revised its recommended recreational
GOM cod measures for fishing year 2020
to expand the fall open season by two
additional weeks, to occur from
September 8 through October 7, 2020,
for the for-hire recreational fishery only.
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The open season for GOM cod for
private recreational fleet would remain
unchanged. The Council intends for this
recommendation to allow the for-hire
fleet to use the fall season to make up
for the loss of access to the fishery in the
spring.
As part of its recommendation, the
Council noted that travel and other
restrictions imposed by states in March
and April effectively closed the for-hire
fishery. While state restrictions of forhire fishing have been lifted, limits on
the number of people who may gather
are still in place, limiting the number of
passengers on vessels.
We used Vessel Trip Report (VTR)
data to examine changes in activity
among party/charter vessels in May and
June 2020. These data indicate that the
number of weekly party/charter trips
and weekly mean number of anglers on
party/charter VTRs have been reduced
in 2020 in comparison to past years,
both region-wide and in the GOM.
(Table 2). The data examined in this
analysis is limited to trips with a
submitted VTR; trips that are missing a
VTR submission and/or vessels that do
not have a VTR requirement (i.e.,
vessels without a Federal permit and
participating in the state waters
fisheries) are not captured by this
analysis. As such, while the report is
informative of changes in recreational
fishing effort in 2020, it does not
capture all the recreational for-hire
fishing that has occurred in the GOM
this year.
TABLE 2—NUMBER OF TRIPS AND AVERAGE NUMBER OF ANGLERS REPORTED BY VESSEL TRIP REPORTS IN MAY AND
JUNE, 2016–2020
Month
2016 ..............................................................................
May ...............................................................................
June ..............................................................................
May ...............................................................................
June ..............................................................................
May ...............................................................................
June ..............................................................................
May ...............................................................................
June ..............................................................................
May ...............................................................................
June ..............................................................................
2017 ..............................................................................
2018 ..............................................................................
2019 ..............................................................................
2020 ..............................................................................
The private recreational fleet has been
allowed to access the GOM haddock
fishery during the spring and early
summer fishery, and so the lack of
access that supports expanding the fall
season for the party/charter fleet does
not apply to the private recreational
fishery.
Based on the analysis using the
bioeconomic model and other available
information, this rule implements the
measures as recommended by the
Council at its June meeting, as follows:
—GOM haddock:
Æ Possession Limit: 15 fish
Æ Minimum Size: 17 inches (43.18
cm)
Æ Open Season: May 1–February 28,
April 1–30
—GOM cod:
Æ Possession Limit: 1 fish
Æ Minimum Size: 21 inches (53.34
cm)
Æ Open season (Private): September
15–30, April 1–14
Æ Open Season (For-Hire) September
8–October 7, April 1–14
Classification
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Number of
trips
Year
The Assistant Administrator for
Fisheries, NOAA (AA) has made a
determination that this interim final
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.
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The AA finds that prior notice and the
opportunity for public comment,
pursuant to authority set forth at 5
U.S.C. 553(b)(B), would be contrary to
the public interest. The Council’s
revised recommendation for recreational
GOM cod and haddock measures at its
June meeting prevented NMFS from
publishing a proposed rule in time to
implement final measures by September
8, 2020, which is the start of the open
cod season for party/charter fishing
vessels. The revised measures provide
opportunities to mitigate adverse
economic impacts from lost
opportunities to fish in the spring due
to state and local health and safety
restrictions. The recommended
additional weeks of open-season were
subject to public comment at several
meetings, including the Council’s June
meeting. The public, including the forhire fleet, is anticipating an expanded
open-season this fall given the public
recommendations voted on by the
Council at the June meeting. We are
accepting additional public comments
on this rule. The delay required for
comments on these measures prior to
their implementation would undermine
the benefit intended by these measures.
For these reasons, prior notice and the
opportunity for public comment,
pursuant to authority set forth at U.S.C.
553(b)(B), would be contrary to the
public interest.
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466
711
385
725
431
735
430
665
153
271
Average
number of
anglers
17
18.2
16.8
18
16.2
17.6
17.2
19.1
10.5
14.4
Similarly, the need to implement
these measures in a timely manner to
put this interim final rule in place prior
to September 8, 2020, constitutes good
cause under authority contained in 5
U.S.C. 553(d)(3), to establish an effective
date less than 30 days after date of
publication. The revised measures
remove restrictions on fishing. Delay in
implementing this rule would prevent
party/charter fishing vessels from
fishing for GOM cod during the
recommended open season that will
assist the for-hire recreation fishery
adjust to impacts of state restrictions on
the for-hire fleet carrying passengers in
May and June this year. Plus, the forhire fleet should benefit from the
certainty from the immediate
implementation of these measures upon
publication. The certainty will provide
additional time for the for-hire fleet to
prepare for and take advantage of the
opportunity to recruit and carry
passengers for the recommended
additional weeks this fall by enabling
earlier advertisement to customers of
available trips.
This interim final rule has been
determined to be not significant for
purposes of Executive Order 12866.
This interim final rule is not an
Executive Order 13771 regulatory action
because this rule is not significant under
Executive Order 12866.
This interim final rule is exempt from
the procedures of the Regulatory
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Flexibility Act because the rule is issued
without opportunity for prior notice and
opportunity for public comment.
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.89, revise paragraphs (c)(1)
and (2) as follows:
■
Dated: August 10, 2020.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
§ 648.89 Recreational and charter/party
vessel restrictions.
*
For the reasons set out in the
preamble, 50 CFR part 648 is amended
as follows:
*
*
*
*
(c) * * *
(1) Private recreational vessels.
Persons aboard private recreational
49605
fishing vessels during the open season
listed in the column titled ‘‘Open
Season’’ in Table 2 to this paragraph (c),
may not possess more fish in or from the
EEZ than the amount listed in the
column titled ‘‘Possession Limit’’ in
Table 2 to this paragraph (c).
(i) Closed season. Persons aboard
private recreational fishing vessels may
not possess species, as specified in the
column titled ‘‘Species’’ in Table 2 to
paragraph (c), in or from the EEZ during
that species closed season as specified
in the column titled ‘‘Closed Season’’ in
Table 2 to paragraph (c).
TABLE 2 TO PARAGRAPH (c)
Stock
Open season
Possession limit
Closed season
GB Cod ..................................................
GOM Cod ..............................................
All Year .................................................
September 15–30, April 1–14 ...............
10 ..........................
1 ............................
GB Haddock ..........................................
GOM Haddock .......................................
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 ...........................................
All Year .................................................
May 1–February 28 (or 29), April 1–30
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 ...............
15 ..........................
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
No retention ..........
No retention ..........
No retention ..........
N/A.
April 15–September 14, October 1–
March 31.
N/A.
March 1–March 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.
Atlantic Halibut ......................................
Atlantic Wolffish .....................................
See paragraph (c)(3) of this section
Closed ...................................................
(ii) [Reserved]
(2) Charter or Party Boats. Persons
aboard party or charter boats during the
No retention ..........
open season listed in the column titled
‘‘Open Season’’ in Table 3 to this
paragraph (c), may not possess more fish
All Year.
in or from the EEZ than the amount
listed in the column titled ‘‘Possession
Limit’’ in Table 3 to this paragraph (c).
khammond on DSKJM1Z7X2PROD with RULES
TABLE 3 TO PARAGRAPH (c)
Species
Open season
Possession limit
Closed season
GB Cod ..................................................
GOM Cod ..............................................
All Year .................................................
September 8–October 7, April 1–14 .....
10 ..........................
1 ............................
GB Haddock ..........................................
GOM Haddock .......................................
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 ...........................................
All Year .................................................
May 1–February 28 (or 29), April 1–30
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 ...............
15 ..........................
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
Unlimited ...............
No retention ..........
No retention ..........
No retention ..........
N/A.
April 15–September 7, October 8–
March 31.
N/A.
March 1–March 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.
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TABLE 3 TO PARAGRAPH (c)—Continued
Species
Open season
Atlantic Halibut ......................................
Atlantic Wolffish .....................................
*
*
*
*
Closed ...................................................
*
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200221–0062; RTID 0648–
XA310]
Fisheries of the Exclusive Economic
Zone Off Alaska; In Season
Adjustment to the 2020 Gulf of Alaska
Pollock Seasonal Apportionments
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; in season
adjustment.
AGENCY:
NMFS is adjusting the 2020 C
seasonal apportionments of the total
allowable catch (TAC) for pollock in the
Gulf of Alaska (GOA) by re-apportioning
unharvested pollock TAC in Statistical
Area 630 of the GOA. This action is
necessary to provide opportunity for
harvest of the 2020 pollock TAC,
consistent with the goals and objectives
of the Fishery Management Plan for
Groundfish of the Gulf of Alaska.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), August 13, 2020, until
2400 hours A.l.t., December 31, 2020.
FOR FURTHER INFORMATION CONTACT:
Obren Davis, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
GOA exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Gulf of
Alaska (FMP) prepared by the North
Pacific Fishery Management Council
(Council) under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The annual pollock TACs in
Statistical Areas 610, 620, and 630 of
the GOA are apportioned among four
seasons, in accordance with
khammond on DSKJM1Z7X2PROD with RULES
VerDate Sep<11>2014
16:38 Aug 13, 2020
Jkt 250001
Closed season
See Paragraph (c)(3) of this section
[FR Doc. 2020–17707 Filed 8–13–20; 8:45 am]
SUMMARY:
Possession limit
No retention ..........
§ 679.23(d)(2). Regulations at
§ 679.20(a)(5)(iv)(B) allow the
underharvest of a seasonal
apportionment to be added to
subsequent seasonal apportionments,
provided that any revised seasonal
apportionment does not exceed 20
percent of the seasonal apportionment
for a given statistical area. Therefore,
NMFS is increasing the C season
apportionment of pollock in Statistical
Area 630 of the GOA to reflect the
underharvest of pollock in Statistical
Area 630 during the B season. In
addition, any underharvest remaining
beyond 20 percent of the originally
specified seasonal apportionment in a
particular area may be further
apportioned to other statistical areas.
Therefore, NMFS also is increasing the
C season apportionment of pollock to
Statistical Areas 610 and 620 based on
the underharvest of pollock in
Statistical Area 630 of the GOA. These
adjustments are described below.
The C seasonal apportionment of the
2020 pollock TAC in Statistical Area
610 of the GOA is 9,070 metric tons (mt)
as established by the final 2020 and
2021 harvest specifications for
groundfish of the GOA (85 FR 13802,
March 10, 2020). In accordance with
§ 679.20(a)(5)(iv)(B), the Administrator,
Alaska Region, NMFS (Regional
Administrator), hereby increases the C
season apportionment for Statistical
Area 610 by 287 mt to account for the
underharvest of the TAC in Statistical
Area 630 in the B season. This increase
is in proportion to the estimated pollock
biomass and is not greater than 20
percent of the C seasonal apportionment
of the TAC in Statistical Area 610.
Therefore, the revised C seasonal
apportionment of the pollock TAC in
Statistical Area 610 is 9,357mt (9,070 mt
plus 287 mt).
The C seasonal apportionment of the
2020 pollock TAC in Statistical Area
620 of the GOA is 6,739 mt as
established by the final 2020 and 2021
harvest specifications for groundfish of
the GOA (85 FR 13802, March 10, 2020).
In accordance with § 679.20(a)(5)(iv)(B),
the Regional Administrator hereby
increases the C seasonal apportionment
for Statistical Area 620 by 213 mt to
account for the underharvest of the TAC
in Statistical Area 630 in the B season.
This increase is not greater than 20
PO 00000
Frm 00018
Fmt 4700
Sfmt 9990
All Year.
percent of the C seasonal apportionment
of the TAC in Statistical Area 620.
Therefore, the revised C seasonal
apportionment of the pollock TAC in
Statistical Area 620 is 6,952 mt (6,739
mt plus 213 mt).
The C seasonal apportionment of the
2020 pollock TAC in Statistical Area
630 of the GOA is 9,248 mt as
established by the final 2020 and 2021
harvest specifications for groundfish of
the GOA (85 FR 13802, March 10, 2020).
In accordance with § 679.20(a)(5)(iv)(B),
the Regional Administrator hereby
increases the C seasonal apportionment
for Statistical Area 630 by 1,850 mt to
account for the underharvest of the TAC
in Statistical Area 630 in the B season.
This increase is in proportion to the
estimated pollock biomass and is not
greater than 20 percent of the C seasonal
apportionment of the TAC in Statistical
Area 630. Therefore, the revised C
seasonal apportionment of pollock TAC
in Statistical Area 630 is 11,098 mt
(9,248 mt plus 1,850 mt).
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 679, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest, as it would prevent
NMFS from responding to the most
recent fisheries data in a timely fashion
and would delay the reapportionment of
pollock in Statistical Areas 610, 620,
and 630 of the GOA. NMFS was unable
to publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of August 10, 2020.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 11, 2020.
Kelly Denit,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2020–17846 Filed 8–13–20; 8:45 am]
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[Federal Register Volume 85, Number 158 (Friday, August 14, 2020)]
[Rules and Regulations]
[Pages 49602-49606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-17707]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 200807-0210]
RIN 0648-BJ54
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Fishing Year 2020 Recreational Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Interim final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule sets fishing year 2020 recreational management
measures for Gulf of Maine cod and haddock. This action is necessary to
respond to updated catch and other scientific information. The measures
are intended to ensure the recreational fishery achieves, but does not
exceed, fishing year 2020 catch limits.
DATES: This action is effective August 13, 2020. Comments must be
received on or before September 14, 2020.
ADDRESSES: You may submit comments on this document, identified by
NOAA-NMFS-2020-0105, by the following method:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal.
1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2020-0105,
2. Click the ``Comment Now!'' icon, complete the required fields,
and
3. Enter or attach your comments.
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.),
[[Page 49603]]
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 59 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: Spencer Talmage, Fishery Management
Specialist, phone: 978-281-9232; email: [email protected].
SUPPLEMENTARY INFORMATION:
Background
The recreational fishery for Gulf of Maine (GOM) cod and haddock is
managed under the Northeast Multispecies Fishery Management Plan (FMP).
The multispecies fishing year starts on May 1 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 allows 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).
The 2020 recreational sub-ACL for GOM cod is 193 metric tons (mt)
and 6,210 mt for GOM haddock.
Using the 2020 sub-ACLs and a peer-reviewed bioeconomic model
developed by NMFS's Northeast Fisheries Science Center that predicts
fishing behavior under different management measures, we estimated 2020
recreational GOM cod and haddock removals under various combinations of
minimum sizes, possession limits, and closed seasons. The bioeconomic
model considers measures for the two stocks in conjunction because cod
are commonly caught while recreational participants are targeting
haddock, linking the catch and effort for each stock to the other.
Preliminary estimates of GOM cod and haddock catch for fishing year
2019 indicate that the recreational fishery will not exceed the sub-ACL
of either stock.
For each of the sets of management measures, 100 simulations of the
bioeconomic model were conducted, and the number of simulations which
yielded mortality estimates under the sub-ACL was used as an estimate
of the probability that set of measures will not result in an overage
of the sub-ACL. Several sets of measures considered using the
bioeconomic model were rejected because the measures failed to exceed a
50-percent probability of removals remaining under the GOM cod sub-ACL.
Two sets of possible measures resulted in model-estimated removals
under the sub-ACL greater than 50 percent of the time. These were the
status quo measures, Option 1, and an alternative, Option 2, which
included the status quo measures and added an April 15 through 30 open
season for cod (Table 1).
The bioeconomic model projects that measures for both GOM cod and
haddock can be liberalized somewhat without the 2020 recreational
fishery's sub-ACLs being exceeded. With any given model, however, there
exists some level of uncertainty in the accuracy of model predictions.
As in past years, we are using preliminary data from the Marine
Recreational Information Program (MRIP) for this fishing year.
Incorporation of new waves, or data updates, may result in changes in
model estimates. MRIP data can be uncertain and highly variable from
year to year. This is the first year in which the new, mail-based
Fishing Effort Survey metrics were able to be used directly in the
bioeconomic model to predict mortality. This reduced uncertainty
relative to last year, which was caused by back-calibration of the MRIP
estimates to the old Coastal Household Telephone Survey metrics.
Table 1--Summary of the Measures Analyzed by the Bioeconomic Model
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Haddock Cod
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------
2020 options Predicted Simulations Predicted Simulations
Possession Minimum size Open season catch under haddock Possession Minimum size Open season catch under cod sub-
limit (mt) sub-ACL (%) limit (mt) ACL (%)
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
1 (Status Quo)....... 15 17 inches (43.18 cm). May 1-February 28, 1,092 100 1 21 inches (53.34 cm) September 15-30..... 185 67
April 15-30.
2.................... 15 17 inches (43.18 cm). May-February 28, 1,094 100 1 21 inches (53.34 cm) September 15-30, 187 65
April 15-30. April 15-30.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
The results of the bioeconomic model run were shared with the
Council and its Recreational Advisory Panel (RAP) and Groundfish
Committee for review. At its January meeting, the Council voted to
recommend a set of measures that added an April 1-14 season for cod and
extend the haddock open season to April 1. The Council expects this
recommendation to result in catch of cod that would not exceed the sub-
ACL. This was based on an assumption that the estimates for mortality
under Option 2 could be used as an upper bound estimate for mortality
for their recommendation. The Council recommendation would not allow
fishing for cod from April 15-30, which was included in the bioeconomic
model run for Option 2. A recommendation for an open cod season in that
time period was disapproved in 2019 due to our and the public's concern
about adverse impacts on spawning cod.
We intended to propose the Council recommendation from January.
However, on April 29, 2020, we received a letter from the Council which
stated that it planned on revisiting its recommendations at its June
meeting to address unexpected disruptions to the for-hire recreational
fishery. These included state restrictions on the operation of for-hire
recreational fishing vessels.
At its June Meeting, the Council revised its recommended
recreational GOM cod measures for fishing year 2020 to expand the fall
open season by two additional weeks, to occur from September 8 through
October 7, 2020, for the for-hire recreational fishery only.
[[Page 49604]]
The open season for GOM cod for private recreational fleet would remain
unchanged. The Council intends for this recommendation to allow the
for-hire fleet to use the fall season to make up for the loss of access
to the fishery in the spring.
As part of its recommendation, the Council noted that travel and
other restrictions imposed by states in March and April effectively
closed the for-hire fishery. While state restrictions of for-hire
fishing have been lifted, limits on the number of people who may gather
are still in place, limiting the number of passengers on vessels.
We used Vessel Trip Report (VTR) data to examine changes in
activity among party/charter vessels in May and June 2020. These data
indicate that the number of weekly party/charter trips and weekly mean
number of anglers on party/charter VTRs have been reduced in 2020 in
comparison to past years, both region-wide and in the GOM. (Table 2).
The data examined in this analysis is limited to trips with a submitted
VTR; trips that are missing a VTR submission and/or vessels that do not
have a VTR requirement (i.e., vessels without a Federal permit and
participating in the state waters fisheries) are not captured by this
analysis. As such, while the report is informative of changes in
recreational fishing effort in 2020, it does not capture all the
recreational for-hire fishing that has occurred in the GOM this year.
Table 2--Number of Trips and Average Number of Anglers Reported by Vessel Trip Reports in May and June, 2016-
2020
----------------------------------------------------------------------------------------------------------------
Number of Average number
Year Month trips of anglers
----------------------------------------------------------------------------------------------------------------
2016.......................................... May............................. 466 17
June............................ 711 18.2
2017.......................................... May............................. 385 16.8
June............................ 725 18
2018.......................................... May............................. 431 16.2
June............................ 735 17.6
2019.......................................... May............................. 430 17.2
June............................ 665 19.1
2020.......................................... May............................. 153 10.5
June............................ 271 14.4
----------------------------------------------------------------------------------------------------------------
The private recreational fleet has been allowed to access the GOM
haddock fishery during the spring and early summer fishery, and so the
lack of access that supports expanding the fall season for the party/
charter fleet does not apply to the private recreational fishery.
Based on the analysis using the bioeconomic model and other
available information, this rule implements the measures as recommended
by the Council at its June meeting, as follows:
--GOM haddock:
[cir] Possession Limit: 15 fish
[cir] Minimum Size: 17 inches (43.18 cm)
[cir] Open Season: May 1-February 28, April 1-30
--GOM cod:
[cir] Possession Limit: 1 fish
[cir] Minimum Size: 21 inches (53.34 cm)
[cir] Open season (Private): September 15-30, April 1-14
[cir] Open Season (For-Hire) September 8-October 7, April 1-14
Classification
The Assistant Administrator for Fisheries, NOAA (AA) has made a
determination that this interim final rule is consistent with the
Northeast Multispecies FMP, other provisions of the Magnuson-Stevens
Act, and other applicable law, subject to further consideration after
public comment.
The AA finds that prior notice and the opportunity for public
comment, pursuant to authority set forth at 5 U.S.C. 553(b)(B), would
be contrary to the public interest. The Council's revised
recommendation for recreational GOM cod and haddock measures at its
June meeting prevented NMFS from publishing a proposed rule in time to
implement final measures by September 8, 2020, which is the start of
the open cod season for party/charter fishing vessels. The revised
measures provide opportunities to mitigate adverse economic impacts
from lost opportunities to fish in the spring due to state and local
health and safety restrictions. The recommended additional weeks of
open-season were subject to public comment at several meetings,
including the Council's June meeting. The public, including the for-
hire fleet, is anticipating an expanded open-season this fall given the
public recommendations voted on by the Council at the June meeting. We
are accepting additional public comments on this rule. The delay
required for comments on these measures prior to their implementation
would undermine the benefit intended by these measures. For these
reasons, prior notice and the opportunity for public comment, pursuant
to authority set forth at U.S.C. 553(b)(B), would be contrary to the
public interest.
Similarly, the need to implement these measures in a timely manner
to put this interim final rule in place prior to September 8, 2020,
constitutes good cause under authority contained in 5 U.S.C. 553(d)(3),
to establish an effective date less than 30 days after date of
publication. The revised measures remove restrictions on fishing. Delay
in implementing this rule would prevent party/charter fishing vessels
from fishing for GOM cod during the recommended open season that will
assist the for-hire recreation fishery adjust to impacts of state
restrictions on the for-hire fleet carrying passengers in May and June
this year. Plus, the for-hire fleet should benefit from the certainty
from the immediate implementation of these measures upon publication.
The certainty will provide additional time for the for-hire fleet to
prepare for and take advantage of the opportunity to recruit and carry
passengers for the recommended additional weeks this fall by enabling
earlier advertisement to customers of available trips.
This interim final rule has been determined to be not significant
for purposes of Executive Order 12866.
This interim final rule is not an Executive Order 13771 regulatory
action because this rule is not significant under Executive Order
12866.
This interim final rule is exempt from the procedures of the
Regulatory
[[Page 49605]]
Flexibility Act because the rule is issued without opportunity for
prior notice and opportunity for public comment.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: August 10, 2020.
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. 648.89, revise paragraphs (c)(1) and (2) as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(c) * * *
(1) Private recreational vessels. Persons aboard private
recreational fishing vessels during the open season listed in the
column titled ``Open Season'' in Table 2 to this paragraph (c), may not
possess more fish in or from the EEZ than the amount listed in the
column titled ``Possession Limit'' in Table 2 to this paragraph (c).
(i) Closed season. Persons aboard private recreational fishing
vessels may not possess species, as specified in the column titled
``Species'' in Table 2 to paragraph (c), in or from the EEZ during that
species closed season as specified in the column titled ``Closed
Season'' in Table 2 to paragraph (c).
Table 2 to Paragraph (c)
----------------------------------------------------------------------------------------------------------------
Stock Open season Possession limit Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod............................... All Year............... 10..................... N/A.
GOM Cod.............................. September 15-30, April 1...................... April 15-September 14,
1-14. October 1-March 31.
GB Haddock........................... All Year............... Unlimited.............. N/A.
GOM Haddock.......................... May 1-February 28 (or 15..................... March 1-March 31.
29), April 1-30.
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) of this section
--------------------------------------------------------------------------
Atlantic Wolffish.................... Closed................. No retention........... All Year.
----------------------------------------------------------------------------------------------------------------
(ii) [Reserved]
(2) Charter or Party Boats. Persons aboard party or charter boats
during the open season listed in the column titled ``Open Season'' in
Table 3 to this paragraph (c), may not possess more fish in or from the
EEZ than the amount listed in the column titled ``Possession Limit'' in
Table 3 to this paragraph (c).
Table 3 to Paragraph (c)
----------------------------------------------------------------------------------------------------------------
Species Open season Possession limit Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod............................... All Year............... 10..................... N/A.
GOM Cod.............................. September 8-October 7, 1...................... April 15-September 7,
April 1-14. October 8-March 31.
GB Haddock........................... All Year............... Unlimited.............. N/A.
GOM Haddock.......................... May 1-February 28 (or 15..................... March 1-March 31.
29), April 1-30.
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.
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[[Page 49606]]
Atlantic Halibut..................... See Paragraph (c)(3) of this section
--------------------------------------------------------------------------
Atlantic Wolffish.................... Closed................. No retention........... All Year.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2020-17707 Filed 8-13-20; 8:45 am]
BILLING CODE 3510-22-P
