Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Fishing Year 2023 Recreational Management Measures, 54899-54907 [2023-17321]
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Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations
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[FR Doc. 2023–17227 Filed 8–11–23; 8:45 am]
BILLING CODE 4000–01–P
54899
In FR Doc. 2023–14688 appearing on
pages 44707–44710 in the Federal
Register of Thursday, July 13, 2023, the
following correction is made:
§ 52.220
[Corrected]
On page 44710, in the first column, in
§ 52.220, ‘‘(604) The following plan was
submitted electronically on October 21,
2021, by the Governor’s designee as an
attachment to a letter dated October 20,
2021.’’ is corrected to read ‘‘(603) The
following plan was submitted
electronically on October 21, 2021, by
the Governor’s designee as an
attachment to a letter dated October 20,
2021.’’.
Dated: August 2, 2023.
Martha Guzman Aceves,
Regional Administrator, Region IX.
[FR Doc. 2023–17010 Filed 8–11–23; 8:45 am]
ENVIRONMENTAL PROTECTION
AGENCY
BILLING CODE 6560–50–P
40 CFR Part 52
DEPARTMENT OF COMMERCE
[EPA–R09–OAR–2022–0972; FRL–10529–
03–R9]
Second 10-Year Maintenance Plan for
the Coso Junction PM–10 Planning
Area; California; Correcting
Amendment
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 230808–0187]
RIN 0648–BM22
AGENCY:
On July 13, 2023, the
Environmental Protection Agency (EPA)
published a final rule in the Federal
Register approving the ‘‘Coso Junction
PM10 Planning Area Second 10-Year
Maintenance Plan’’ as a revision to the
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DATES: This action is effective August
14, 2023.
FOR FURTHER INFORMATION CONTACT:
Lindsay Wickersham, Planning Section
(AIR–2–1), EPA Region IX, 75
Hawthorne Street, San Francisco, CA
94105, (415) 947–4192, or by email at
wickersham.lindsay@epa.gov.
SUPPLEMENTARY INFORMATION: In our
final rule published July 13, 2023 (88 FR
44707), the EPA included amendatory
instructions for codifying the action in
40 CFR part 52. The instructions
specified the addition of paragraph
52.220(c)(603) but the number (604)
incorrectly appeared in the description
of the added regulatory text.
SUMMARY:
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Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Fishing Year 2023
Recreational Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
This rule implements changes
to fishing year 2023 recreational
management measures for Georges Bank
cod, Gulf of Maine cod, and Gulf of
Maine haddock. The measures are
necessary to ensure the recreational
fishery achieves, but does not exceed,
fishing year 2023 catch limits for Gulf
of Maine cod and haddock, and the
recreational catch target for Georges
Bank cod.
DATES: The measures in this rule are
effective on August 14, 2023.
ADDRESSES: To review Federal Register
documents referenced in this rule, you
can visit: https://
www.fisheries.noaa.gov/managementplan/northeast-multispeciesmanagement-plan.
FOR FURTHER INFORMATION CONTACT:
Spencer Talmage, Fishery Policy
Analyst, (978) 281–9232.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations
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Background
Measures for the Gulf of Maine
The recreational fishery for Gulf of
Maine (GOM) cod and GOM 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 (subACLs) for the recreational fishery each
fishing year for both stocks. These subACLs are a fixed proportion of the
overall catch limit for each stock. The
FMP also includes proactive
recreational accountability measures
(AMs) 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 provides a process for the Regional
Administrator, in consultation with the
New England Fishery Management
Council (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
governing this action can be found in
the FMP’s implementing regulations at
50 CFR 648.89(f)(3).
The 2023 recreational sub-ACL for
GOM cod established by Framework
Adjustment 63 (87 FR 42375, July 15,
2022), is 192 metric tons (mt), the same
as the 2022 recreational sub-ACL.
Framework Adjustment 65 (88 FR
34810, May 31, 2023) proposed a 610mt recreational sub-ACL for GOM
haddock. The proposed 2023 sub-ACL
for GOM haddock would be reduced
from 3,634 mt in 2022, a reduction of
approximately 83 percent. This rule
does not set sub-ACLs for any stocks.
The recreational sub-ACL for GOM cod
is already in place and, because
Framework Adjustment 65 has been
delayed, default measures are in place
for other stocks, including the proposed
sub-ACL for GOM haddock, until the
Framework Adjustment 65 final rule is
published.
The results of bio-economic model
simulations that were shared with the
Council and its Recreational Advisory
Panel (RAP) and Groundfish Committee
to help inform Council
recommendations on GOM cod and
haddock measures, as well as the
Council, Groundfish Committee, and
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RAP discussions, are described in the
proposed rule for this action (88 FR
23611; April 18, 2023), and not
described further here.
For GOM cod, the Council
recommended, and the Regional
Administrator proposed, an extended
fall season (September 1–October 31)
while eliminating the April open season
(Table 1). No changes were proposed for
either the minimum size or bag limit for
GOM cod. These measures are expected
to adequately constrain recreational
catch of GOM cod based on bioeconomic model estimates. As a result,
the Regional Administrator is
implementing these measures for GOM
cod for fishing year 2023 (Table 1).
For GOM haddock, the Council
ultimately recommended a status quo
season (March closed), a 15-fish limit,
and an 18 inch (45.7 centimeter (cm))
minimum size. The Council’s
recommendation sought in part to
accommodate charter and party vessels
seeking to benefit from advertising a 15fish limit and expected increased
bookings. While the Councilrecommended measures for GOM
haddock are expected to result in catch
below the recreational sub-ACL, we
remain concerned that the Council
measures are expected to unnecessarily
constrain catch and increase dead
discards of GOM haddock for private
anglers compared to a 17 inch (43.2 cm)
minimum size and 10-fish bag limit.
The GOM haddock stock is dominated
by relatively young year classes of
haddock that are beginning to recruit to
the fishery. These small haddock are
subject to high discard mortality,
especially during the summer and fall
months, so any increase in discards
would convert the majority of potential
landings of haddock between 17 and 18
inches (43.2 and 45.7 cm, respectively)
into dead discards. A 10-fish limit at 17
inches (43.2 cm) is expected to result in
higher landings, lower dead discards,
more fishing trips, and higher angler
satisfaction with a minimal increase in
the risk of exceeding the recreational
sub-ACL. Available data show that only
a small proportion of anglers or trips
harvest 10 or more haddock per angler
and increasing the minimum size from
17 to 18 inches (43.2 and 45.7 cm,
respectively) is expected to further
reduce the number of haddock landed
per angler. In fishing year 2022, the
average number of haddock landed on
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trips targeting cod or haddock was just
2.3 haddock per angler, 3.6 haddock per
angler on for-hire trips, and 2.2 haddock
per angler on private trips. To reduce
dead discards and increase landings,
trips, and angler satisfaction, this rule
implements the Council-recommended
GOM haddock measures for only the
for-hire angling mode (March closure,
15-fish limit, 18 inch (45.7 cm)
minimum size; Table 2). This rule
implements a status quo season (March
closure), a 10-fish limit, and a 17 inch
(43.2 cm) minimum size for GOM
haddock for the private angling mode
(Table 2).
These mode-based measures balance
the different needs of the for-hire mode
and the private mode and reduce
discard mortality to the extent
practicable. For-hire fishing operators
and RAP advisors have repeatedly
stated that high bag limits are beneficial
for advertising and outreach to potential
customers to increase for-hire trips and/
or anglers per trip. Marketing trips and
the resulting ‘‘booking’’ of trips are
necessary to maintain the viability of
for-hire businesses operations. The
Council’s recommendation for the 15fish bag limit and increased minimum
size recognizes the value of increased
bookings to for-hire businesses and that
the potential increased income from a
higher bag limit, coupled with a higher
minimum size, may result in some
additional dead discards and reduced
landings.
While private anglers would normally
benefit from a larger bag limit as well,
in this case, there is greater benefit to
private anglers in a smaller minimum
size, which allows them to land more of
the haddock they catch. Advertising and
booking trips are not relevant to private
anglers because they do not operate as
businesses. Private anglers, and the
recreational fishery as a whole, are
expected to benefit from keeping the 17
inch (43.2 cm) minimum size because
anglers will land more of the haddock
they encounter. Because private anglers
account for the majority of recreational
fishing activity, dead discards will be
reduced more as a result. Thus, the
mode-based measures provide a more
refined balance, as dead discards are
projected to be reduced by
implementing the smaller minimum
size in the private mode without any
expected adverse economic impact.
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54901
TABLE 1—GULF OF MAINE COD STATUS QUO AND IMPLEMENTED MEASURES
Minimum
size inches
(cm)
Possession
limit
GOM cod
Status Quo Measures ...................................................
NMFS Final Measures ..................................................
1
Open
season
22 (55.9)
September 1–October 7, April 1–14.
September 1–October 31.
TABLE 2—GULF OF MAINE HADDOCK STATUS QUO AND IMPLEMENTED MEASURES
Private
angler
possession
limit
For hire
possession
limit
GOM haddock
Status Quo Measures ...........................
For hire
minimum
size inches
(cm)
20
NMFS Final Measures ..........................
17 (43.2)
15
Measures for the Georges Bank Cod
Unlike GOM cod and haddock, the
FMP does not set a sub-ACL for the
recreational fishery each fishing year for
Georges Bank (GB) cod. Instead, the
Council establishes a recreational
annual catch target for GB cod. The
catch target is not an allocation or subACL but sets an expectation for
recreational catch for the fishing year for
management purposes that is not
expected to result in an overage of the
overall GB cod ACL. The catch target in
Framework 65 is 113 mt.
The FMP includes a process for the
Regional Administrator, in consultation
with the Council, to develop
recreational management measures for
GB cod for fishing years 2023 and 2024
to prevent the recreational fishery from
Private
angler
minimum
size inches
(cm)
10
18 (45.7)
Open season
May 1–February 28, April 1–30.
17 (43.2)
exceeding the annual recreational catch
target for GB. The provisions governing
this authority can be found in the FMP’s
implementing regulations at 50 CFR
648.89(g).
Unlike GOM cod and haddock, there
is no peer-reviewed bio-economic
model available to evaluate the potential
impacts of various recreational
measures for GB cod. Instead, measures
were evaluated based on estimates of
the percent reduction in catch from the
fishing year 2022 projection. The 2022
catch projection is 218 mt, so a harvest
reduction of approximately 48 percent
would be required to remain below the
catch target of 113 mt in fishing year
2023. Current measures for GB cod were
implemented as part of Framework
Adjustment 63 on July 15, 2022 (87 FR
42375; July 15, 2022), so they were not
in place for the full fishing year in 2022.
Status quo measures would result in a
landings reduction of about 28 percent
if all states implemented
complementary measures in 2023, so
additional measures are needed to
achieve the necessary 48-percent
reduction.
This rule eliminates the maximum
size limit (slot), increases the minimum
size from 22 to 23 inches (55.9 to 58.4
cm, respectively), and shifts the closed
season back one month to close June,
July, and August instead of May, June,
and July (Table 3). These measures are
consistent with the Council
recommendation, and we expect these
measures to adequately constrain total
catch to the proposed 2023 catch target.
TABLE 3—GEORGES BANK COD STATUS QUO AND PROPOSED AND NMFS IMPLEMENTED MEASURES
Possession
limit
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GB cod
Minimum
size inches
(cm)
Maximum size
inches (cm)
Status Quo Measures ....................
NMFS Final Measures ...................
5
Comments and Responses
comments discussed GB and/or GOM
cod measures, one comment was
opposed to the proposed rule but did
not elaborate further.
Comment 1: Three commenters,
including RIPCBA and MSBA,
supported the proposed measures for
GOM cod, and another individual
supported the proposed change to the
GOM cod season. The individual
commenter also supported a larger
minimum size for GOM cod, stating that
a larger minimum size would have
conservation benefits and that anglers
value larger fish.
Response: This rule implements the
proposed measures for GOM cod,
We received comments on the
proposed rule from the New England
Fishery Management Council,
Massachusetts Division of Marine
Fisheries (MADMF), Rhode Island Party
and Charter Boat Association (RIPCBA),
Stellwagen Bank Charter Boat
Association (SBCBA), and the
Massachusetts Striped Bass Association
(MSBA). We also received comments
from 42 individuals, of which the
majority were for-hire fishing vessel
operators or private recreational anglers.
The majority of comments focused on
the GOM haddock measures, and a few
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22 (55.9)
23 (58.4)
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28 (71.1)
NA
Open season
Sfmt 4700
August 1–April 30 ...........................
May 1–31, September 1–April 30 ..
Closed season
May 1–July 31.
June 1–August 31.
including the season modifications
recommended by the Council. This
action is not implementing a larger
minimum size for cod because the
proposed measures are expected to keep
recreational catch below the GOM cod
sub-ACL. Sub-ACLs are designed to
prevent overfishing while allowing
catch at levels that over the long-term
help achieve optimum yield.
Comment 2: Two commenters, both
for-hire vessel operators, opposed the
elimination of the status quo April 1
through April 14 open season for GOM
cod. One stated that the April season
generated customers for for-hire vessels
during the spring season, and the other
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argued an even longer spring season
would benefit for-hire businesses and
that an expanded fall season would not
be as helpful because other species are
available to anglers during the fall
season.
Response: This rule eliminates the
April 1–14 open season for GOM cod,
consistent with the Council
recommendation. While the April
season may provide some benefit to forhire businesses, many for-hire
businesses do not begin operations until
later in the season and do not benefit
from the April opening. The April
season also provides minimal benefit to
private anglers as very few private
anglers are fishing in the GOM that time
of year. The GOM cod measures are
expected to increase overall opportunity
for recreational anglers to harvest GOM
cod while keeping catch below the 2023
recreational sub-ACL for GOM cod.
Comment 3: SBCBA and one
individual noted that their on-the-water
observations include an abundance of
all size classes of cod in Massachusetts
state waters, Stellwagen Bank, east of
Cape Cod, and Nantucket Shoals.
Response: This action sets measures
based on the 2023 recreational sub-ACL
for GOM cod, which is informed by
stock assessment determinations of the
status and abundance of GOM cod.
There can be considerable uncertainties
in stock assessments, however, recent
assessments have shown that the GOM
cod stock is overfished. The stock
declined substantially in recent years
and is now near historic lows in terms
of biomass. The current low ACL and
recreational sub-ACL for GOM cod is
intended to allow for future rebuilding
of the stock. Evidence of strong
recruitment of young cod is welcome
news given the current status and
history of the stock.
Comment 4: SBCBA and one
individual commented in support of
mode-based measures for GOM cod, in
particular an open season for the forhire mode from April 15 through the
end of May, as historically this time
period was important to for-hire
operators before other species become
available.
Response: This rule implements the
proposed measures for GOM cod, which
are expected to provide additional
opportunities to harvest GOM cod while
adequately restraining catch. NMFS has
previously raised concerns about open
seasons during the time period raised by
the commenter, particularly because it
overlaps with the Spring Massachusetts
Bay Spawning Protection Area, which is
closed to protect spawning activity from
April 15 to April 30. Targeted fishing for
cod should not occur during
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documented spawning time given the
overfished status of GOM cod and the
need to rebuild the resource to
sustainable levels. Additionally,
opening a season later than the April 1
through April 14 timeframe is likely to
result in higher effort and catch. While
NMFS did not evaluate an April 15
through May 31 opening using the bioeconomic model, a season during that
time would be expected to considerably
increase catch of GOM cod.
Comment 5: Several commenters
supported the proposed measures to
reduce catch of GB cod. Two
organizations (RIPCBA and MSBA),
supported the proposed measures for
GB cod, while additional commenters
supported the proposed May opening
for GB cod and the elimination of the
slot limit for GB cod. Two of these
commenters also supported winter
spawning protections for GB cod.
RIPCBA and MSBA both supported
mid-Atlantic states adopting
complementary measures to the
proposed measures for GB cod in state
waters.
Response: This rule implements the
proposed measures for GB cod, which
are expected to constrain recreational
catch of GB cod to the 2023 recreational
catch target. We are implementing
proactive measures for GB cod, which
are limited to measures aimed at
achieving, but not exceeding, the
recreational catch target. Spawning
protections were not recommended by
the Council and were not considered in
this action as they are outside the scope
of the proposed measures. We would
support the Council considering
additional spawning protections for GB
cod in future actions that would impact
both recreational and commercial
fishing, particularly in the context of
ongoing Council discussions about
Atlantic cod stock structure. We
coordinate with state fishery
management agencies allowing them to
have the opportunity to implement
complementary measures for state
waters within impacted stock areas.
Comment 6: Two commenters
opposed measures to further constrain
recreational catch of GB cod; one
opposed the closed season and the other
supported status quo recreational
measures for GB cod.
Response: Status quo measures are
not expected to adequately constrain
recreational catch of GB cod.
Additionally, because of the
considerable recreational effort during
the proposed closed season, more
substantial changes to minimum or
maximum sizes or the bag limit for GB
cod would be needed to reduce
recreational GB cod catch. We are
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implementing the proposed measures
for GB cod, which are expected to
constrain recreational catch to the 2023
recreational catch target for GB cod.
Comment 7: SBCBA suggested the use
of mode-based measures for GB cod,
stating that separate seasons and bag
limits for for-hire vessels would help
with operators’ business viability and
the for-hire fleet accounts for a small
portion of the overall catch of GB cod.
Response: This rule is implementing
the proposed measures for GB cod,
which are expected to adequately
constrain recreational catch, and is
consistent with the Council
recommendation. We did not consider
mode-based measures for GB cod as
they were not deemed necessary to
balance varying needs of the for-hire
and private recreational modes.
Comment 8: One commenter
supported status quo measures for GOM
haddock for private anglers but urged
consideration of using alternative
methods to reduce discard mortality,
including additional education for
anglers, use of descending devices, and
implementing circle hook requirements.
Response: The bio-economic model
indicates that status quo measures for
recreational anglers for GOM haddock
would likely result in catch exceeding
the 2023 recreational sub-ACL for GOM
haddock. As a result, we are
implementing mode-based measures
that are expected to constrain GOM
haddock recreational catch below the
2023 recreational sub-ACL.
While not considered in this rule,
alternative management measures,
including angler education programs,
gear modifications, and recreational
reporting have been discussed by the
RAP. Future Council actions or
recommendations could consider
alternative measures to enhance the
conservation of groundfish stocks. In
recent years, MADMF led a study that
resulted in resources, including maps
that support anglers trying to target
haddock and avoid cod in the GOM and
reduce discard mortality of encountered
fish; for more information on this effort
visit https://www.mass.gov/guides/
haddock-recreational-fishing-guide.
Comment 9: We received 29
comments that supported the proposed
mode-based measures for GOM
haddock, with commenters including
RIPCBA and SBCBA and a number of
for-hire operators. Many of these
commenters noted that the higher forhire bag limit would have benefits for
for-hire businesses through increased
bookings.
Response: This rule is implementing
mode-based measures for GOM
haddock, as proposed. Responses to
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surveys of recreational anglers generally
show that recreational anglers get
greater satisfaction from, and prefer to
catch, more legal-sized fish when given
the opportunity. Marketing and booking
trips is an integral part of the for-hire
business model and their ability to
produce income.
The RAP recommended to the
Council the 15-fish limit and 18-inch
minimum size, based on for-hire vessel
representations and knowledge of the
for-hire business model, because those
measures are expected to enhance forhire marketing and ability to gain
bookings in order to increase income.
However, data show that increases in
the bag limits do not necessarily result
in increases in landings by individual
anglers. The combination of this limit
with the 18-inch minimum size
constrains catch sufficiently, with a
smaller increase in dead discards than
would occur in the private angler
fishery with the same bag and size
limits. Mode-based measures allow the
15-fish bag limit and 18-in (45.7-cm)
minimum fish size for for-hire anglers
consistent with the Council
recommendation. Because private
recreational anglers are not businesses
that rely on bookings, the 15-fish limit
is not necessary and a 10-fish limit with
the smaller 17-inch (43.2-cm) minimum
size results in higher landings, reduced
discards, and better outcomes for
private recreational anglers as a whole.
Comment 10: The Council reiterated
its recommended measures for GOM
haddock and provided additional
context for the recommendation. MSBA
and one individual also supported the
Council-recommended measures for
GOM haddock. The Council noted that
the justifications for increasing the
minimum size to 18 inches (45.7 cm)
included that the large 2020 year, class
of GOM haddock would likely be
around 18 inches (45.7 cm) in 2023, and
that advisors noted that larger fish were
more valued by anglers. The Council
noted that their recommended measures
were intended for both the for-hire and
private modes, and that they considered
broad input.
Response: This rule is implementing
the Council-recommended GOM
haddock measures for the for-hire mode.
We considered the clarifying
justifications provided in the Council
comment, but data do not support the
assertion that the 2020 year, class of
GOM haddock would reach 18 inches
(45.7 cm) in 2023. The bio-economic
model predicting catch under different
modes used recent survey catch data.
The bio-economic model results using
this information expects most of the
GOM haddock encountered by anglers
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will be less than 18 inches (45.7 cm).
The bio-economic model also uses
estimated angler preferences based on
angler surveys. The surveys show that,
while anglers value larger fish over
smaller fish, anglers value kept fish
much more highly than fish that are
released. These factors increase the
potential negative impacts on private
anglers if they are held to an
unnecessarily restrictive 18-inch (45.7cm) minimum size limit. The bioeconomic model showed that the more
restrictive minimum size would result
in considerably lower landings and
significantly higher dead discards under
the Council’s recommendation. By
implementing Council-recommended
measures for the for-hire fleet, and a 10fish at 17 inches (43.2 cm) limit for
private anglers, we are balancing the
needs of the for-hire fleet with the goal
of maximizing landings relative to the
sub-ACL while reducing discards in the
recreational fishery as a whole to the
extent practicable, consistent with
National Standard 9 considerations.
Comment 11: Four commenters
supported a 10-fish limit at 17 inches
(43.2 cm) for all modes that was
described, but not proposed, in the
proposed rule. Another stated they
would support, and their charter
business would not be impacted by, a
haddock bag limit as small as three or
four fish. These commenters stated
various reasons for their support of a
smaller bag limit for all modes,
including statements that higher
haddock bag limits were wasteful,
anglers rarely catch enough haddock to
reach a limit and are happy with fewer
haddock, that large limits of haddock
are difficult for anglers and for-hire
crews to handle, that for-hire operators
would be better off with a smaller bag
limit, and that there are other species
available for anglers to target if they
catch their limit of haddock. While one
commenter suggested a larger haddock
minimum size, another commented that
the 17-inch (43.2-cm) minimum size
would allow anglers to keep more of the
haddock they catch and increase the
likelihood of anglers catching a smaller
(10 or fewer) bag limit.
Response: The results of the bioeconomic model show that a 10-fish
limit coupled with a status quo, 17-inch
(43.2 cm) minimum size for GOM
haddock would result in higher
landings, lower dead discards, and more
angler trips than the Councilrecommended measures of a 15-fish bag
limit at 18 inches (45.7 cm). As a result,
we are implementing a 10-fish at 17inches (43.2 cm) limit for GOM haddock
for private anglers but implementing the
Council-recommended measures for the
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54903
for-hire mode, where the economic
benefit to for-hire businesses of a larger
bag limit is a consideration. Marine
Recreational Information Program
(MRIP) data supports the assertion that
very few anglers harvest more than 10
haddock per trip, whether on private or
for-hire trips.
Comment 12: Several commenters
raised concerns about the use of modebased measures for GOM haddock,
including the Council, MSBA, and
MADMF. Some of these commenters
noted that the use of mode-based
measures can be controversial or pit
user groups against one another; that
most anglers oppose mode-based
measures; and that consideration of
mode-based measures should only be
considered in Council actions. Some of
these commenters also noted that modebased measures may lead to regulatory
confusion, enforcement challenges, and
impact the quality of MRIP data
available to support future decision
making. MSBA also stated that it was
inappropriate for NMFS to consider
marketing as a consideration in its
decision making and disagreed with the
summary of the Council and RAP
discussions that led to the Council
recommendation for a 15-fish haddock
limit provided in the proposed rule.
Response: This rule is implementing
mode-based measures for GOM haddock
to increase catch relative to the subACL, reduce dead discards, and attempt
to balance the different needs of the forhire and private modes under the
unique circumstances at play this
fishing year. These mode-based
measures for GOM haddock are effective
only for fishing year 2023. Mode-based
measures do not allocate catch to either
mode and are not expected to result in
more GOM haddock catch going to the
for-hire mode. We estimate that the forhire mode will trade landing fewer
GOM haddock under these measures
than under a 10-fish limit and 17-inch
(43.2-cm) minimum size to achieve the
higher 15-fish limit. However, for-hire
interests revolve around their business
model and operations. They have
repeatedly asserted that they will
benefit from the opportunity to have a
higher bag limit. We are adopting the
Council’s recommendation for the forhire fleet to accommodate the fleet’s
business needs and expected increased
income and the slight increase in dead
discards but are concerned these
measures would unnecessarily limit
landings and increase dead discards for
the private mode.
There is no prohibition against using
mode-based measures. GOM cod
measures that varied between private
and for-hire modes have been approved
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Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations
in the past in response to Covid-19
impacts on for-hire operations.
Recreational fishing participants are
accustomed to varying mode-based
measures that are implemented in state
fisheries. State agencies throughout the
region, including MADMF, have
implemented mode-based recreational
measures for other species, including
varying minimum sizes, seasons, bag
limits, and aggregate vessel bag limits,
to meet various management objectives.
We agree that mode-based measures
have historically been subject to various
levels of public support, and modebased allocations for this fishery have
not been pursued because of significant
concerns raised by many in the
recreational fleet. Comments revealed
various opinions across the recreational
community. Most for-hire operators
supported the proposed mode-based
measures. Many private anglers
supported consistency between modes,
often with a preference for a smaller
overall bag limit. There were no
programmatic objections raised that
require changing the mode-based
measures.
Another objection to mode-based
measures is a concern about compliance
and enforcement. We do not expect the
mode-based measures to have a
considerable impact on compliance,
however. Many state fisheries and some
federal fisheries, for example bluefish
and tilefish, successfully use differing
mode-based measures. Further, we
intend to do outreach and provide
resources to anglers trying to navigate
the regulations. We do not anticipate
that mode-based measures will limit the
ability of enforcement agencies to
determine when a violation has
occurred.
We share MADMF’s concern that
MRIP data available to support decision
making in the region is limited and that
estimates come with significant
uncertainty. Mode-based measures may
result in changes in the sampled
landings and have other effects. But we
are not concerned that mode-based
measures alone will undermine the
validity of MRIP data in the region. As
discussed earlier, GOM haddock will be
only one stock subject to mode-based
measures this fishing year in the region.
We expect any effect to be small and,
therefore, have determined that the
expected benefits of mode-based
measures this fishing year outweigh the
small risk of an impact to MRIP data
quality. We agree that additional
funding and innovations to support
more effective recreational data
collection in the region could improve
datasets and create opportunities for
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15:59 Aug 11, 2023
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more focused recreational management
measures in the future.
The Council recommended the 15-fish
limit combined with the 18-inch
minimum size in part on the basis of
marketing benefits. We are accepting
this part of the Council’s rationale as it
recognizes that booking trips is a
primary business factor for the success
of the for-hire fleet. It further considers
the relatively small increase in dead
discards that may result. We are
rejecting this combination for private
anglers that do not rely on marketing
and booking for successful fishing.
Implementing the Council’s
recommended measures for the private
recreational mode would result in
reduced landings, increased dead
discards, and make it less likely that the
recreational fleet as a whole would
achieve its sub-ACL for GOM haddock.
Recreational management measures for
cod and haddock must achieve, but not
exceed, the sub-ACL’s for the
recreational fishery. Mode-based
measures are expected to achieve this
goal better than the Councilrecommended measures for all modes.
Comment 13: MADMF and MSBA
presented analysis based on MRIP
intercept data that indicated there is no
statistically significant difference in the
size of haddock landed by different
recreational modes. They noted this is
likely because private and for-hire
anglers target GOM haddock in the same
general areas using the same gear.
MSBA argued that, based on this
finding, NMFS must implement the
Council-recommended measures for
GOM haddock. MADMF did not argue
for any particular set of measures but
did urge consideration of the MRIPintercept data and supported
consistency between modes as
described in our response to comment
12 above. MADMF also noted that,
based on surveys, it is probable that forhire operators overestimate the
importance of high bag limits to for-hire
anglers, their potential customers.
Response: We agree with the
commenters’ interpretation of the MRIPintercept data. The available data do not
show a distinct difference in the size of
haddock landed by different
recreational angling modes. We noted in
the proposed rule that Council members
and advisors have suggested that forhire anglers fish further offshore and/or
catch larger haddock than their private
angler counterparts, but our decision
was not contingent on any relationship
between recreational mode and area
fished or haddock size. The bioeconomic model assumes that all modes
encounter the same size distribution
and provides an understanding of the
PO 00000
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Fmt 4700
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trends and directional impacts of
different measures. But it does not allow
for direct comparison of mode-based
measures such as different size
encounters by mode. The model
informed our understanding of the
impacts of different sets of measures on
the recreational fishery as a whole,
which informed our decision to
implement mode-based measures.
The MRIP-intercept data for GOM
haddock size by, and across,
recreational modes suggest that an
increase in the minimum size of GOM
haddock above 17 inches (43.2 cm) is
likely to significantly reduce landings
and increase dead discards, regardless
of mode. MADMF noted that the highest
median length of landed GOM haddock
across four recent fishing years for any
mode was only 17.8 inches (45.2 cm).
This suggests that an increase of the
minimum size consistent with the
Council recommendation of 18 inches
(45.7 cm) will result in more than half
of all the GOM haddock that would be
able to be harvested with a 17-inch
(43.2-cm) minimum size being
discarded, leading to much higher
discard mortality for GOM haddock, and
making it even more difficult for anglers
to catch and keep their GOM haddock
limit.
The above conclusion supports our
decision to implement a 10-fish at 17
inches (43.2 cm) limit for the private
mode, as that regulation will lead to
higher landings and lower dead discards
than the Council-recommended
measures. Arguably, the finding that forhire anglers are not harvesting larger
haddock than their private angler
counterparts would support
implementing a 10-fish at 17-inches
(43.2 cm) limit for the for-hire fleet as
well. We ultimately found the Council
recommendation appropriately
considered the potential benefit of
additional bookings for the for-hire fleet
under a higher bag limit and chose to
implement the Council-recommended
measures for the for-hire mode.
Comment 14: Three commenters
stated that recreational fishing is not
contributing as much to impacts on the
fishery as commercial fishing, especially
trawling, which commenters stated had
a bigger impact. One of the commenters
noted that they were concerned about
the depletion of baitfish in near shore
waters.
Response: The measures in this rule
constrain recreational fishery catch to
catch limits and targets for GOM cod
and haddock and GB cod; this rule did
not consider changes to commercial
measures or allocations between
commercial and recreational fisheries.
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Comment 15: Two commenters stated
that recreational fishing and booking a
charter is becoming too expensive for
anglers to continue to be interested in
recreational fishing for groundfish.
Response: The measures in this rule
are intended to allow the recreational
fishery to achieve, but not exceed, their
sub-ACL’s. NMFS cannot set
management measures on the basis of
the cost of fishing or booking trips.
Comment 16: Two commenters stated
that it is not clear when the proposed
measures would be implemented (with
no further explanation of concern). One
noted just overall uncertainty while the
other noted that it could impact a
charter trip he had already booked for
August 2023. One commenter asked
that, in the future, regulations be in
place by the start of the fishing year to
avoid conflicts with trips that were
already booked. Another commenter
noted that major changes in recreational
measures from year to year are a
challenge for for-hire operators and
anglers.
Response: This rule implements the
proposed measures for GOM cod and
haddock and GB cod. Measures are
effective immediately for federal waters,
however, anglers should be aware that
state-waters measures may differ. We
share the commenters concerns about
the timing of the implementation of
future measures and agree that major
changes between years can be
challenging for anglers and for-hire
businesses to adapt to. We will continue
to work with the Council to consult on
future recreational actions and to
implement necessary changes to
regulations as quickly as possible and
closer to the start of the fishing year on
May 1.
Comment 17: One commenter stated
that measures should be considered for
other stocks including pollock, redfish,
and cusk. Another commenter asked
whether the status of Atlantic wolffish
would be reevaluated and stated that he
hoped anglers could be allowed to keep
wolffish in the future.
Response: The regulations allow
NMFS to set Northeast multispecies
recreational management measures for
GB cod, and GOM cod and haddock.
The Council could consider changes to
recreational measures for Northeast
multispecies stocks in a future action.
Cusk is not currently managed under
the Northeast Multispecies FMP.
Management measures for cusk would
require adding it to an FMP through the
Council process. Atlantic wolffish was
last assessed in 2022. The assessment
concluded that the stock is currently
overfished. Due to its status, both
commercial and recreational vessels are
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15:59 Aug 11, 2023
Jkt 259001
prohibited from possessing Atlantic
wolffish.
Changes From the Proposed Rule
This rule implements regulations
outlined in the proposed rule, and there
are no changes from the proposed
measures in this final rule.
Classification
NMFS is issuing this final rule
pursuant to section 305(d) of the
Magnuson-Stevens Act. In a previous
action taken pursuant to section 304(b),
the Council designed the FMP to specify
the process for NMFS to take this action
pursuant to MSA section 305(d). See 50
CFR 648.89(f)(3) and (g). The NMFS
Assistant Administrator has determined
that this final rule is consistent with the
Northeast Multispecies FMP and other
applicable law.
The Assistant Administrator for
Fisheries finds that there is good cause
under 5 U.S.C. 553(d)(3) to waive the
30-day delay in the date of effectiveness
for this action. This final rule must be
implemented as soon as possible reduce
the potential for overfishing and avoid
regulatory confusion. The regulations
governing development and
implementation of these measures are
designed to facilitate implementation in
a timely way that accounts for measures
that are annual and seasonal. The
fishing year begins May 31 each year,
though delays in receiving, as happened
here, information required to develop
measures and the public process for
developing such measures at times can
result in implementing measures after
that date. Recreational measures also
often include seasonal restrictions or
modifications designed with timing
requirements essential to meeting their
conservation and management goals and
objectives.
A delay in the implementation of
measures may result in overages or
overfishing. For GOM haddock, less
restrictive status quo measures have
been in effect since May 1, 2023,
potentially increasing catch above the
levels predicted in the bio-economic
model and raising the likelihood of an
overage. GOM haddock is subject to
overfishing and these new measures in
the recreational fishery to help prevent
overfishing are important components
of the overall set of measures (for
commercial and recreational fishing) to
prevent overfishing. For GB cod, the
August 1 start of the proposed August
closure which was recommended to
limit cod catch and help prevent
overfishing has already passed. Further
delay would increase the potential that
recreational harvest could contribute to
excess catch relative to estimates and
PO 00000
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Fmt 4700
Sfmt 4700
54905
may contribute to possible overfishing
of the GB cod stock. Exceeding catch
targets may require more restrictive
measures in the following fishing year
that could result in lost fishing
opportunities and adverse economic
impacts.
The current delay, and further delay,
of implementing this rule will result in
regulatory confusion for the industry.
Recreational stakeholders are well
aware of the proposed measures but are
currently fishing under last year’s
different measures. NMFS has received
numerous requests for clarification on
what measures anglers should be
following and when measures will be
implemented. This includes questions
about the haddock limits and the
August closure for GB cod. A delay also
has the potential to negatively impact
for-hire fishing business operations and
angler’s fishing trip bookings as fishing
charter companies and anglers wait for
the final measures to be implemented.
For GOM cod, a delay in
implementation of regulations
expanding the fall season may result in
reduced or delayed bookings for for-hire
vessels during that season. If the
measures in this rule are delayed,
anglers may cancel reservations or try to
reschedule trips for other dates; some
operators may have to reimburse clients
for trips already booked, reserved, or
paid for. This could also hurt the
business relationships between for-hire
operators and their clients, leading to
longer-term economic impacts for
operators. For GB cod, trips that are
already booked in August would need to
be canceled with immediate
implementation of this action. However,
in this instance, the need for the August
closure to help prevent overfishing
supersedes the concern about booking
trips. In addition, if we announce a
delay in effectiveness past August,
anglers will book trips in August,
thereby ensuring that the benefits of the
August closure would be undermined.
Furthermore, anglers and for-hire
operators who are subject to this action
expect timely implementation to
provide regulatory certainty, prevent
overages and overfishing, and prevent
adverse economic impacts. This final
rule follows a process for setting yearly
measures that are familiar to, and
anticipated by, fishery participants.
During the development of this rule,
and in particular after the proposed rule
comment period ended, private anglers
and for-hire vessel owners and operators
sought information from NMFS about
the status and timing of the
implementation of these measures. They
regularly urged NMFS to finalize the
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Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations
measures so that the measures for the
year would take effect as intended.
For these reasons, a 30-day delay in
the date of effectiveness for this final
rule is unnecessary, impracticable and
contrary to the public interest.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration during
the proposed rule stage that this action
would not have a significant economic
impact on a substantial number of small
entities. The factual basis for the
certification, which was published in
the proposed rule, has not changed and
is not repeated here. No comments were
received regarding this certification. As
a result, a final regulatory flexibility
analysis was not required and none was
prepared.
This proposed rule contains no
information collection requirements
under the Paperwork Reduction Act of
1995.
This proposed rule has been
determined to be not significant for
purposes of Executive Order 12866.
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.
Fisheries, Fishing, Recordkeeping and
reporting requirements.
Dated: August 8, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
2. In § 648.89, revise Table 1 to
Paragraph (b)(1), Table 2 to Paragraph
(c)(1)(i), and Table 3 to Paragraph (c)(2),
to read as follows:
■
List of Subjects in 50 CFR Part 648
§ 648.89 Recreational and charter/party
vessel restrictions.
*
For the reasons set out in the
preamble, NMFS is amending 50 CFR
part 648 as follows:
*
*
(b) * * *
(1) * * *
*
*
TABLE 1 TO PARAGRAPH (b)(1)
Charter/party
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
*
Private
minimum
size
cm
Inches
Maximum
size
Inches
cm
22
23
55.9
58.4
22
23
55.9
58.4
N/A
N/A
N/A
N/A
18
18
19
14
13
14
41
12
9
45.7
45.7
48.3
35.6
33.0
35.6
104.1
30.5
22.9
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
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
Regulated Mesh Area specified in § 648.80(a).
*
*
(c) * * *
(1) * * *
*
*
(i) * * *
ddrumheller on DSK120RN23PROD with RULES1
TABLE 2 TO PARAGRAPH (c)(1)(i)
Stock
Open season
Possession
limit
GB Cod ....................................................
GOM Cod .................................................
September 1–April 30 May 1–31 ............
September 1–October 31 .......................
5 .....................
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 .........................
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 .................................................
Unlimited ........
10 ...................
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
Unlimited ........
No retention ...
No retention ...
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cm
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E:\FR\FM\14AUR1.SGM
Closed season
June 1–August 31.
May 1–August 31.
November 1–April 30.
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.
14AUR1
Federal Register / Vol. 88, No. 155 / Monday, August 14, 2023 / Rules and Regulations
TABLE 2 TO PARAGRAPH (c)(1)(i)—Continued
Stock
Open season
Possession
limit
Ocean Pout ..............................................
CLOSED .................................................
No retention ...
Atlantic Halibut .........................................
Atlantic Wolffish ........................................
*
*
*
*
*
Closed season
All Year.
See paragraph (c)(3).
CLOSED .................................................
No retention ...
All Year.
(2) * * *
TABLE 3 TO PARAGRAPH (c)(2)
Stock
Open season
Possession
limit
GB Cod ....................................................
GOM Cod .................................................
September 1–April 30 May 1–31 ............
September 1–October 31 .......................
5 .....................
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 ...
Atlantic Halibut .........................................
Atlantic Wolffish ........................................
*
*
*
*
Closed season
June 1–August 31.
May 1–August 31.
November 1–April 30.
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.
See Paragraph (c)(3).
CLOSED .................................................
No retention ...
All Year.
*
[FR Doc. 2023–17321 Filed 8–11–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 155 (Monday, August 14, 2023)]
[Rules and Regulations]
[Pages 54899-54907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17321]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 230808-0187]
RIN 0648-BM22
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Fishing Year 2023 Recreational Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule implements changes to fishing year 2023 recreational
management measures for Georges Bank cod, Gulf of Maine cod, and Gulf
of Maine haddock. The measures are necessary to ensure the recreational
fishery achieves, but does not exceed, fishing year 2023 catch limits
for Gulf of Maine cod and haddock, and the recreational catch target
for Georges Bank cod.
DATES: The measures in this rule are effective on August 14, 2023.
ADDRESSES: To review Federal Register documents referenced in this
rule, you can visit: https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan.
FOR FURTHER INFORMATION CONTACT: Spencer Talmage, Fishery Policy
Analyst, (978) 281-9232.
SUPPLEMENTARY INFORMATION:
[[Page 54900]]
Background
Measures for the Gulf of Maine
The recreational fishery for Gulf of Maine (GOM) cod and GOM
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-ACLs) for the recreational fishery each
fishing year for both stocks. These sub-ACLs are a fixed proportion of
the overall catch limit for each stock. The FMP also includes proactive
recreational accountability measures (AMs) 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 provides a process for the
Regional Administrator, in consultation with the New England Fishery
Management Council (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 governing this
action can be found in the FMP's implementing regulations at 50 CFR
648.89(f)(3).
The 2023 recreational sub-ACL for GOM cod established by Framework
Adjustment 63 (87 FR 42375, July 15, 2022), is 192 metric tons (mt),
the same as the 2022 recreational sub-ACL. Framework Adjustment 65 (88
FR 34810, May 31, 2023) proposed a 610-mt recreational sub-ACL for GOM
haddock. The proposed 2023 sub-ACL for GOM haddock would be reduced
from 3,634 mt in 2022, a reduction of approximately 83 percent. This
rule does not set sub-ACLs for any stocks. The recreational sub-ACL for
GOM cod is already in place and, because Framework Adjustment 65 has
been delayed, default measures are in place for other stocks, including
the proposed sub-ACL for GOM haddock, until the Framework Adjustment 65
final rule is published.
The results of bio-economic model simulations that were shared with
the Council and its Recreational Advisory Panel (RAP) and Groundfish
Committee to help inform Council recommendations on GOM cod and haddock
measures, as well as the Council, Groundfish Committee, and RAP
discussions, are described in the proposed rule for this action (88 FR
23611; April 18, 2023), and not described further here.
For GOM cod, the Council recommended, and the Regional
Administrator proposed, an extended fall season (September 1-October
31) while eliminating the April open season (Table 1). No changes were
proposed for either the minimum size or bag limit for GOM cod. These
measures are expected to adequately constrain recreational catch of GOM
cod based on bio-economic model estimates. As a result, the Regional
Administrator is implementing these measures for GOM cod for fishing
year 2023 (Table 1).
For GOM haddock, the Council ultimately recommended a status quo
season (March closed), a 15-fish limit, and an 18 inch (45.7 centimeter
(cm)) minimum size. The Council's recommendation sought in part to
accommodate charter and party vessels seeking to benefit from
advertising a 15-fish limit and expected increased bookings. While the
Council-recommended measures for GOM haddock are expected to result in
catch below the recreational sub-ACL, we remain concerned that the
Council measures are expected to unnecessarily constrain catch and
increase dead discards of GOM haddock for private anglers compared to a
17 inch (43.2 cm) minimum size and 10-fish bag limit.
The GOM haddock stock is dominated by relatively young year classes
of haddock that are beginning to recruit to the fishery. These small
haddock are subject to high discard mortality, especially during the
summer and fall months, so any increase in discards would convert the
majority of potential landings of haddock between 17 and 18 inches
(43.2 and 45.7 cm, respectively) into dead discards. A 10-fish limit at
17 inches (43.2 cm) is expected to result in higher landings, lower
dead discards, more fishing trips, and higher angler satisfaction with
a minimal increase in the risk of exceeding the recreational sub-ACL.
Available data show that only a small proportion of anglers or trips
harvest 10 or more haddock per angler and increasing the minimum size
from 17 to 18 inches (43.2 and 45.7 cm, respectively) is expected to
further reduce the number of haddock landed per angler. In fishing year
2022, the average number of haddock landed on trips targeting cod or
haddock was just 2.3 haddock per angler, 3.6 haddock per angler on for-
hire trips, and 2.2 haddock per angler on private trips. To reduce dead
discards and increase landings, trips, and angler satisfaction, this
rule implements the Council-recommended GOM haddock measures for only
the for-hire angling mode (March closure, 15-fish limit, 18 inch (45.7
cm) minimum size; Table 2). This rule implements a status quo season
(March closure), a 10-fish limit, and a 17 inch (43.2 cm) minimum size
for GOM haddock for the private angling mode (Table 2).
These mode-based measures balance the different needs of the for-
hire mode and the private mode and reduce discard mortality to the
extent practicable. For-hire fishing operators and RAP advisors have
repeatedly stated that high bag limits are beneficial for advertising
and outreach to potential customers to increase for-hire trips and/or
anglers per trip. Marketing trips and the resulting ``booking'' of
trips are necessary to maintain the viability of for-hire businesses
operations. The Council's recommendation for the 15-fish bag limit and
increased minimum size recognizes the value of increased bookings to
for-hire businesses and that the potential increased income from a
higher bag limit, coupled with a higher minimum size, may result in
some additional dead discards and reduced landings.
While private anglers would normally benefit from a larger bag
limit as well, in this case, there is greater benefit to private
anglers in a smaller minimum size, which allows them to land more of
the haddock they catch. Advertising and booking trips are not relevant
to private anglers because they do not operate as businesses. Private
anglers, and the recreational fishery as a whole, are expected to
benefit from keeping the 17 inch (43.2 cm) minimum size because anglers
will land more of the haddock they encounter. Because private anglers
account for the majority of recreational fishing activity, dead
discards will be reduced more as a result. Thus, the mode-based
measures provide a more refined balance, as dead discards are projected
to be reduced by implementing the smaller minimum size in the private
mode without any expected adverse economic impact.
[[Page 54901]]
Table 1--Gulf of Maine Cod Status Quo and Implemented Measures
----------------------------------------------------------------------------------------------------------------
Possession Minimum size
GOM cod limit inches (cm) Open season
----------------------------------------------------------------------------------------------------------------
Status Quo Measures........................... 1 22 (55.9) September 1-October 7, April 1-
14.
NMFS Final Measures........................... September 1-October 31.
----------------------------------------------------------------------------------------------------------------
Table 2--Gulf of Maine Haddock Status Quo and Implemented Measures
----------------------------------------------------------------------------------------------------------------
Private Private
For hire angler For hire angler
GOM haddock possession possession minimum size minimum size Open season
limit limit inches (cm) inches (cm)
----------------------------------------------------------------------------------------------------------------
Status Quo Measures.............. 20
17 (43.2) May 1-February
28, April 1-
30.
----------------------------------------------------------
NMFS Final Measures.............. 15 10 18 (45.7) 17 (43.2)
----------------------------------------------------------------------------------------------------------------
Measures for the Georges Bank Cod
Unlike GOM cod and haddock, the FMP does not set a sub-ACL for the
recreational fishery each fishing year for Georges Bank (GB) cod.
Instead, the Council establishes a recreational annual catch target for
GB cod. The catch target is not an allocation or sub-ACL but sets an
expectation for recreational catch for the fishing year for management
purposes that is not expected to result in an overage of the overall GB
cod ACL. The catch target in Framework 65 is 113 mt.
The FMP includes a process for the Regional Administrator, in
consultation with the Council, to develop recreational management
measures for GB cod for fishing years 2023 and 2024 to prevent the
recreational fishery from exceeding the annual recreational catch
target for GB. The provisions governing this authority can be found in
the FMP's implementing regulations at 50 CFR 648.89(g).
Unlike GOM cod and haddock, there is no peer-reviewed bio-economic
model available to evaluate the potential impacts of various
recreational measures for GB cod. Instead, measures were evaluated
based on estimates of the percent reduction in catch from the fishing
year 2022 projection. The 2022 catch projection is 218 mt, so a harvest
reduction of approximately 48 percent would be required to remain below
the catch target of 113 mt in fishing year 2023. Current measures for
GB cod were implemented as part of Framework Adjustment 63 on July 15,
2022 (87 FR 42375; July 15, 2022), so they were not in place for the
full fishing year in 2022. Status quo measures would result in a
landings reduction of about 28 percent if all states implemented
complementary measures in 2023, so additional measures are needed to
achieve the necessary 48-percent reduction.
This rule eliminates the maximum size limit (slot), increases the
minimum size from 22 to 23 inches (55.9 to 58.4 cm, respectively), and
shifts the closed season back one month to close June, July, and August
instead of May, June, and July (Table 3). These measures are consistent
with the Council recommendation, and we expect these measures to
adequately constrain total catch to the proposed 2023 catch target.
Table 3--Georges Bank Cod Status Quo and Proposed and NMFS Implemented Measures
--------------------------------------------------------------------------------------------------------------------------------------------------------
Possession Minimum size Maximum size
GB cod limit inches (cm) inches (cm) Open season Closed season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Status Quo Measures..................... 5 22 (55.9) 28 (71.1) August 1-April 30.......... May 1-July 31.
NMFS Final Measures..................... 23 (58.4) NA May 1-31, September 1-April June 1-August 31.
30.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Comments and Responses
We received comments on the proposed rule from the New England
Fishery Management Council, Massachusetts Division of Marine Fisheries
(MADMF), Rhode Island Party and Charter Boat Association (RIPCBA),
Stellwagen Bank Charter Boat Association (SBCBA), and the Massachusetts
Striped Bass Association (MSBA). We also received comments from 42
individuals, of which the majority were for-hire fishing vessel
operators or private recreational anglers. The majority of comments
focused on the GOM haddock measures, and a few comments discussed GB
and/or GOM cod measures, one comment was opposed to the proposed rule
but did not elaborate further.
Comment 1: Three commenters, including RIPCBA and MSBA, supported
the proposed measures for GOM cod, and another individual supported the
proposed change to the GOM cod season. The individual commenter also
supported a larger minimum size for GOM cod, stating that a larger
minimum size would have conservation benefits and that anglers value
larger fish.
Response: This rule implements the proposed measures for GOM cod,
including the season modifications recommended by the Council. This
action is not implementing a larger minimum size for cod because the
proposed measures are expected to keep recreational catch below the GOM
cod sub-ACL. Sub-ACLs are designed to prevent overfishing while
allowing catch at levels that over the long-term help achieve optimum
yield.
Comment 2: Two commenters, both for-hire vessel operators, opposed
the elimination of the status quo April 1 through April 14 open season
for GOM cod. One stated that the April season generated customers for
for-hire vessels during the spring season, and the other
[[Page 54902]]
argued an even longer spring season would benefit for-hire businesses
and that an expanded fall season would not be as helpful because other
species are available to anglers during the fall season.
Response: This rule eliminates the April 1-14 open season for GOM
cod, consistent with the Council recommendation. While the April season
may provide some benefit to for-hire businesses, many for-hire
businesses do not begin operations until later in the season and do not
benefit from the April opening. The April season also provides minimal
benefit to private anglers as very few private anglers are fishing in
the GOM that time of year. The GOM cod measures are expected to
increase overall opportunity for recreational anglers to harvest GOM
cod while keeping catch below the 2023 recreational sub-ACL for GOM
cod.
Comment 3: SBCBA and one individual noted that their on-the-water
observations include an abundance of all size classes of cod in
Massachusetts state waters, Stellwagen Bank, east of Cape Cod, and
Nantucket Shoals.
Response: This action sets measures based on the 2023 recreational
sub-ACL for GOM cod, which is informed by stock assessment
determinations of the status and abundance of GOM cod. There can be
considerable uncertainties in stock assessments, however, recent
assessments have shown that the GOM cod stock is overfished. The stock
declined substantially in recent years and is now near historic lows in
terms of biomass. The current low ACL and recreational sub-ACL for GOM
cod is intended to allow for future rebuilding of the stock. Evidence
of strong recruitment of young cod is welcome news given the current
status and history of the stock.
Comment 4: SBCBA and one individual commented in support of mode-
based measures for GOM cod, in particular an open season for the for-
hire mode from April 15 through the end of May, as historically this
time period was important to for-hire operators before other species
become available.
Response: This rule implements the proposed measures for GOM cod,
which are expected to provide additional opportunities to harvest GOM
cod while adequately restraining catch. NMFS has previously raised
concerns about open seasons during the time period raised by the
commenter, particularly because it overlaps with the Spring
Massachusetts Bay Spawning Protection Area, which is closed to protect
spawning activity from April 15 to April 30. Targeted fishing for cod
should not occur during documented spawning time given the overfished
status of GOM cod and the need to rebuild the resource to sustainable
levels. Additionally, opening a season later than the April 1 through
April 14 timeframe is likely to result in higher effort and catch.
While NMFS did not evaluate an April 15 through May 31 opening using
the bio-economic model, a season during that time would be expected to
considerably increase catch of GOM cod.
Comment 5: Several commenters supported the proposed measures to
reduce catch of GB cod. Two organizations (RIPCBA and MSBA), supported
the proposed measures for GB cod, while additional commenters supported
the proposed May opening for GB cod and the elimination of the slot
limit for GB cod. Two of these commenters also supported winter
spawning protections for GB cod. RIPCBA and MSBA both supported mid-
Atlantic states adopting complementary measures to the proposed
measures for GB cod in state waters.
Response: This rule implements the proposed measures for GB cod,
which are expected to constrain recreational catch of GB cod to the
2023 recreational catch target. We are implementing proactive measures
for GB cod, which are limited to measures aimed at achieving, but not
exceeding, the recreational catch target. Spawning protections were not
recommended by the Council and were not considered in this action as
they are outside the scope of the proposed measures. We would support
the Council considering additional spawning protections for GB cod in
future actions that would impact both recreational and commercial
fishing, particularly in the context of ongoing Council discussions
about Atlantic cod stock structure. We coordinate with state fishery
management agencies allowing them to have the opportunity to implement
complementary measures for state waters within impacted stock areas.
Comment 6: Two commenters opposed measures to further constrain
recreational catch of GB cod; one opposed the closed season and the
other supported status quo recreational measures for GB cod.
Response: Status quo measures are not expected to adequately
constrain recreational catch of GB cod. Additionally, because of the
considerable recreational effort during the proposed closed season,
more substantial changes to minimum or maximum sizes or the bag limit
for GB cod would be needed to reduce recreational GB cod catch. We are
implementing the proposed measures for GB cod, which are expected to
constrain recreational catch to the 2023 recreational catch target for
GB cod.
Comment 7: SBCBA suggested the use of mode-based measures for GB
cod, stating that separate seasons and bag limits for for-hire vessels
would help with operators' business viability and the for-hire fleet
accounts for a small portion of the overall catch of GB cod.
Response: This rule is implementing the proposed measures for GB
cod, which are expected to adequately constrain recreational catch, and
is consistent with the Council recommendation. We did not consider
mode-based measures for GB cod as they were not deemed necessary to
balance varying needs of the for-hire and private recreational modes.
Comment 8: One commenter supported status quo measures for GOM
haddock for private anglers but urged consideration of using
alternative methods to reduce discard mortality, including additional
education for anglers, use of descending devices, and implementing
circle hook requirements.
Response: The bio-economic model indicates that status quo measures
for recreational anglers for GOM haddock would likely result in catch
exceeding the 2023 recreational sub-ACL for GOM haddock. As a result,
we are implementing mode-based measures that are expected to constrain
GOM haddock recreational catch below the 2023 recreational sub-ACL.
While not considered in this rule, alternative management measures,
including angler education programs, gear modifications, and
recreational reporting have been discussed by the RAP. Future Council
actions or recommendations could consider alternative measures to
enhance the conservation of groundfish stocks. In recent years, MADMF
led a study that resulted in resources, including maps that support
anglers trying to target haddock and avoid cod in the GOM and reduce
discard mortality of encountered fish; for more information on this
effort visit https://www.mass.gov/guides/haddock-recreational-fishing-guide.
Comment 9: We received 29 comments that supported the proposed
mode-based measures for GOM haddock, with commenters including RIPCBA
and SBCBA and a number of for-hire operators. Many of these commenters
noted that the higher for-hire bag limit would have benefits for for-
hire businesses through increased bookings.
Response: This rule is implementing mode-based measures for GOM
haddock, as proposed. Responses to
[[Page 54903]]
surveys of recreational anglers generally show that recreational
anglers get greater satisfaction from, and prefer to catch, more legal-
sized fish when given the opportunity. Marketing and booking trips is
an integral part of the for-hire business model and their ability to
produce income.
The RAP recommended to the Council the 15-fish limit and 18-inch
minimum size, based on for-hire vessel representations and knowledge of
the for-hire business model, because those measures are expected to
enhance for-hire marketing and ability to gain bookings in order to
increase income. However, data show that increases in the bag limits do
not necessarily result in increases in landings by individual anglers.
The combination of this limit with the 18-inch minimum size constrains
catch sufficiently, with a smaller increase in dead discards than would
occur in the private angler fishery with the same bag and size limits.
Mode-based measures allow the 15-fish bag limit and 18-in (45.7-cm)
minimum fish size for for-hire anglers consistent with the Council
recommendation. Because private recreational anglers are not businesses
that rely on bookings, the 15-fish limit is not necessary and a 10-fish
limit with the smaller 17-inch (43.2-cm) minimum size results in higher
landings, reduced discards, and better outcomes for private
recreational anglers as a whole.
Comment 10: The Council reiterated its recommended measures for GOM
haddock and provided additional context for the recommendation. MSBA
and one individual also supported the Council-recommended measures for
GOM haddock. The Council noted that the justifications for increasing
the minimum size to 18 inches (45.7 cm) included that the large 2020
year, class of GOM haddock would likely be around 18 inches (45.7 cm)
in 2023, and that advisors noted that larger fish were more valued by
anglers. The Council noted that their recommended measures were
intended for both the for-hire and private modes, and that they
considered broad input.
Response: This rule is implementing the Council-recommended GOM
haddock measures for the for-hire mode. We considered the clarifying
justifications provided in the Council comment, but data do not support
the assertion that the 2020 year, class of GOM haddock would reach 18
inches (45.7 cm) in 2023. The bio-economic model predicting catch under
different modes used recent survey catch data. The bio-economic model
results using this information expects most of the GOM haddock
encountered by anglers will be less than 18 inches (45.7 cm). The bio-
economic model also uses estimated angler preferences based on angler
surveys. The surveys show that, while anglers value larger fish over
smaller fish, anglers value kept fish much more highly than fish that
are released. These factors increase the potential negative impacts on
private anglers if they are held to an unnecessarily restrictive 18-
inch (45.7-cm) minimum size limit. The bio-economic model showed that
the more restrictive minimum size would result in considerably lower
landings and significantly higher dead discards under the Council's
recommendation. By implementing Council-recommended measures for the
for-hire fleet, and a 10-fish at 17 inches (43.2 cm) limit for private
anglers, we are balancing the needs of the for-hire fleet with the goal
of maximizing landings relative to the sub-ACL while reducing discards
in the recreational fishery as a whole to the extent practicable,
consistent with National Standard 9 considerations.
Comment 11: Four commenters supported a 10-fish limit at 17 inches
(43.2 cm) for all modes that was described, but not proposed, in the
proposed rule. Another stated they would support, and their charter
business would not be impacted by, a haddock bag limit as small as
three or four fish. These commenters stated various reasons for their
support of a smaller bag limit for all modes, including statements that
higher haddock bag limits were wasteful, anglers rarely catch enough
haddock to reach a limit and are happy with fewer haddock, that large
limits of haddock are difficult for anglers and for-hire crews to
handle, that for-hire operators would be better off with a smaller bag
limit, and that there are other species available for anglers to target
if they catch their limit of haddock. While one commenter suggested a
larger haddock minimum size, another commented that the 17-inch (43.2-
cm) minimum size would allow anglers to keep more of the haddock they
catch and increase the likelihood of anglers catching a smaller (10 or
fewer) bag limit.
Response: The results of the bio-economic model show that a 10-fish
limit coupled with a status quo, 17-inch (43.2 cm) minimum size for GOM
haddock would result in higher landings, lower dead discards, and more
angler trips than the Council-recommended measures of a 15-fish bag
limit at 18 inches (45.7 cm). As a result, we are implementing a 10-
fish at 17-inches (43.2 cm) limit for GOM haddock for private anglers
but implementing the Council-recommended measures for the for-hire
mode, where the economic benefit to for-hire businesses of a larger bag
limit is a consideration. Marine Recreational Information Program
(MRIP) data supports the assertion that very few anglers harvest more
than 10 haddock per trip, whether on private or for-hire trips.
Comment 12: Several commenters raised concerns about the use of
mode-based measures for GOM haddock, including the Council, MSBA, and
MADMF. Some of these commenters noted that the use of mode-based
measures can be controversial or pit user groups against one another;
that most anglers oppose mode-based measures; and that consideration of
mode-based measures should only be considered in Council actions. Some
of these commenters also noted that mode-based measures may lead to
regulatory confusion, enforcement challenges, and impact the quality of
MRIP data available to support future decision making. MSBA also stated
that it was inappropriate for NMFS to consider marketing as a
consideration in its decision making and disagreed with the summary of
the Council and RAP discussions that led to the Council recommendation
for a 15-fish haddock limit provided in the proposed rule.
Response: This rule is implementing mode-based measures for GOM
haddock to increase catch relative to the sub-ACL, reduce dead
discards, and attempt to balance the different needs of the for-hire
and private modes under the unique circumstances at play this fishing
year. These mode-based measures for GOM haddock are effective only for
fishing year 2023. Mode-based measures do not allocate catch to either
mode and are not expected to result in more GOM haddock catch going to
the for-hire mode. We estimate that the for-hire mode will trade
landing fewer GOM haddock under these measures than under a 10-fish
limit and 17-inch (43.2-cm) minimum size to achieve the higher 15-fish
limit. However, for-hire interests revolve around their business model
and operations. They have repeatedly asserted that they will benefit
from the opportunity to have a higher bag limit. We are adopting the
Council's recommendation for the for-hire fleet to accommodate the
fleet's business needs and expected increased income and the slight
increase in dead discards but are concerned these measures would
unnecessarily limit landings and increase dead discards for the private
mode.
There is no prohibition against using mode-based measures. GOM cod
measures that varied between private and for-hire modes have been
approved
[[Page 54904]]
in the past in response to Covid-19 impacts on for-hire operations.
Recreational fishing participants are accustomed to varying mode-based
measures that are implemented in state fisheries. State agencies
throughout the region, including MADMF, have implemented mode-based
recreational measures for other species, including varying minimum
sizes, seasons, bag limits, and aggregate vessel bag limits, to meet
various management objectives.
We agree that mode-based measures have historically been subject to
various levels of public support, and mode-based allocations for this
fishery have not been pursued because of significant concerns raised by
many in the recreational fleet. Comments revealed various opinions
across the recreational community. Most for-hire operators supported
the proposed mode-based measures. Many private anglers supported
consistency between modes, often with a preference for a smaller
overall bag limit. There were no programmatic objections raised that
require changing the mode-based measures.
Another objection to mode-based measures is a concern about
compliance and enforcement. We do not expect the mode-based measures to
have a considerable impact on compliance, however. Many state fisheries
and some federal fisheries, for example bluefish and tilefish,
successfully use differing mode-based measures. Further, we intend to
do outreach and provide resources to anglers trying to navigate the
regulations. We do not anticipate that mode-based measures will limit
the ability of enforcement agencies to determine when a violation has
occurred.
We share MADMF's concern that MRIP data available to support
decision making in the region is limited and that estimates come with
significant uncertainty. Mode-based measures may result in changes in
the sampled landings and have other effects. But we are not concerned
that mode-based measures alone will undermine the validity of MRIP data
in the region. As discussed earlier, GOM haddock will be only one stock
subject to mode-based measures this fishing year in the region. We
expect any effect to be small and, therefore, have determined that the
expected benefits of mode-based measures this fishing year outweigh the
small risk of an impact to MRIP data quality. We agree that additional
funding and innovations to support more effective recreational data
collection in the region could improve datasets and create
opportunities for more focused recreational management measures in the
future.
The Council recommended the 15-fish limit combined with the 18-inch
minimum size in part on the basis of marketing benefits. We are
accepting this part of the Council's rationale as it recognizes that
booking trips is a primary business factor for the success of the for-
hire fleet. It further considers the relatively small increase in dead
discards that may result. We are rejecting this combination for private
anglers that do not rely on marketing and booking for successful
fishing. Implementing the Council's recommended measures for the
private recreational mode would result in reduced landings, increased
dead discards, and make it less likely that the recreational fleet as a
whole would achieve its sub-ACL for GOM haddock. Recreational
management measures for cod and haddock must achieve, but not exceed,
the sub-ACL's for the recreational fishery. Mode-based measures are
expected to achieve this goal better than the Council-recommended
measures for all modes.
Comment 13: MADMF and MSBA presented analysis based on MRIP
intercept data that indicated there is no statistically significant
difference in the size of haddock landed by different recreational
modes. They noted this is likely because private and for-hire anglers
target GOM haddock in the same general areas using the same gear. MSBA
argued that, based on this finding, NMFS must implement the Council-
recommended measures for GOM haddock. MADMF did not argue for any
particular set of measures but did urge consideration of the MRIP-
intercept data and supported consistency between modes as described in
our response to comment 12 above. MADMF also noted that, based on
surveys, it is probable that for-hire operators overestimate the
importance of high bag limits to for-hire anglers, their potential
customers.
Response: We agree with the commenters' interpretation of the MRIP-
intercept data. The available data do not show a distinct difference in
the size of haddock landed by different recreational angling modes. We
noted in the proposed rule that Council members and advisors have
suggested that for-hire anglers fish further offshore and/or catch
larger haddock than their private angler counterparts, but our decision
was not contingent on any relationship between recreational mode and
area fished or haddock size. The bio-economic model assumes that all
modes encounter the same size distribution and provides an
understanding of the trends and directional impacts of different
measures. But it does not allow for direct comparison of mode-based
measures such as different size encounters by mode. The model informed
our understanding of the impacts of different sets of measures on the
recreational fishery as a whole, which informed our decision to
implement mode-based measures.
The MRIP-intercept data for GOM haddock size by, and across,
recreational modes suggest that an increase in the minimum size of GOM
haddock above 17 inches (43.2 cm) is likely to significantly reduce
landings and increase dead discards, regardless of mode. MADMF noted
that the highest median length of landed GOM haddock across four recent
fishing years for any mode was only 17.8 inches (45.2 cm). This
suggests that an increase of the minimum size consistent with the
Council recommendation of 18 inches (45.7 cm) will result in more than
half of all the GOM haddock that would be able to be harvested with a
17-inch (43.2-cm) minimum size being discarded, leading to much higher
discard mortality for GOM haddock, and making it even more difficult
for anglers to catch and keep their GOM haddock limit.
The above conclusion supports our decision to implement a 10-fish
at 17 inches (43.2 cm) limit for the private mode, as that regulation
will lead to higher landings and lower dead discards than the Council-
recommended measures. Arguably, the finding that for-hire anglers are
not harvesting larger haddock than their private angler counterparts
would support implementing a 10-fish at 17-inches (43.2 cm) limit for
the for-hire fleet as well. We ultimately found the Council
recommendation appropriately considered the potential benefit of
additional bookings for the for-hire fleet under a higher bag limit and
chose to implement the Council-recommended measures for the for-hire
mode.
Comment 14: Three commenters stated that recreational fishing is
not contributing as much to impacts on the fishery as commercial
fishing, especially trawling, which commenters stated had a bigger
impact. One of the commenters noted that they were concerned about the
depletion of baitfish in near shore waters.
Response: The measures in this rule constrain recreational fishery
catch to catch limits and targets for GOM cod and haddock and GB cod;
this rule did not consider changes to commercial measures or
allocations between commercial and recreational fisheries.
[[Page 54905]]
Comment 15: Two commenters stated that recreational fishing and
booking a charter is becoming too expensive for anglers to continue to
be interested in recreational fishing for groundfish.
Response: The measures in this rule are intended to allow the
recreational fishery to achieve, but not exceed, their sub-ACL's. NMFS
cannot set management measures on the basis of the cost of fishing or
booking trips.
Comment 16: Two commenters stated that it is not clear when the
proposed measures would be implemented (with no further explanation of
concern). One noted just overall uncertainty while the other noted that
it could impact a charter trip he had already booked for August 2023.
One commenter asked that, in the future, regulations be in place by the
start of the fishing year to avoid conflicts with trips that were
already booked. Another commenter noted that major changes in
recreational measures from year to year are a challenge for for-hire
operators and anglers.
Response: This rule implements the proposed measures for GOM cod
and haddock and GB cod. Measures are effective immediately for federal
waters, however, anglers should be aware that state-waters measures may
differ. We share the commenters concerns about the timing of the
implementation of future measures and agree that major changes between
years can be challenging for anglers and for-hire businesses to adapt
to. We will continue to work with the Council to consult on future
recreational actions and to implement necessary changes to regulations
as quickly as possible and closer to the start of the fishing year on
May 1.
Comment 17: One commenter stated that measures should be considered
for other stocks including pollock, redfish, and cusk. Another
commenter asked whether the status of Atlantic wolffish would be
reevaluated and stated that he hoped anglers could be allowed to keep
wolffish in the future.
Response: The regulations allow NMFS to set Northeast multispecies
recreational management measures for GB cod, and GOM cod and haddock.
The Council could consider changes to recreational measures for
Northeast multispecies stocks in a future action. Cusk is not currently
managed under the Northeast Multispecies FMP. Management measures for
cusk would require adding it to an FMP through the Council process.
Atlantic wolffish was last assessed in 2022. The assessment concluded
that the stock is currently overfished. Due to its status, both
commercial and recreational vessels are prohibited from possessing
Atlantic wolffish.
Changes From the Proposed Rule
This rule implements regulations outlined in the proposed rule, and
there are no changes from the proposed measures in this final rule.
Classification
NMFS is issuing this final rule pursuant to section 305(d) of the
Magnuson-Stevens Act. In a previous action taken pursuant to section
304(b), the Council designed the FMP to specify the process for NMFS to
take this action pursuant to MSA section 305(d). See 50 CFR
648.89(f)(3) and (g). The NMFS Assistant Administrator has determined
that this final rule is consistent with the Northeast Multispecies FMP
and other applicable law.
The Assistant Administrator for Fisheries finds that there is good
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in the date of
effectiveness for this action. This final rule must be implemented as
soon as possible reduce the potential for overfishing and avoid
regulatory confusion. The regulations governing development and
implementation of these measures are designed to facilitate
implementation in a timely way that accounts for measures that are
annual and seasonal. The fishing year begins May 31 each year, though
delays in receiving, as happened here, information required to develop
measures and the public process for developing such measures at times
can result in implementing measures after that date. Recreational
measures also often include seasonal restrictions or modifications
designed with timing requirements essential to meeting their
conservation and management goals and objectives.
A delay in the implementation of measures may result in overages or
overfishing. For GOM haddock, less restrictive status quo measures have
been in effect since May 1, 2023, potentially increasing catch above
the levels predicted in the bio-economic model and raising the
likelihood of an overage. GOM haddock is subject to overfishing and
these new measures in the recreational fishery to help prevent
overfishing are important components of the overall set of measures
(for commercial and recreational fishing) to prevent overfishing. For
GB cod, the August 1 start of the proposed August closure which was
recommended to limit cod catch and help prevent overfishing has already
passed. Further delay would increase the potential that recreational
harvest could contribute to excess catch relative to estimates and may
contribute to possible overfishing of the GB cod stock. Exceeding catch
targets may require more restrictive measures in the following fishing
year that could result in lost fishing opportunities and adverse
economic impacts.
The current delay, and further delay, of implementing this rule
will result in regulatory confusion for the industry. Recreational
stakeholders are well aware of the proposed measures but are currently
fishing under last year's different measures. NMFS has received
numerous requests for clarification on what measures anglers should be
following and when measures will be implemented. This includes
questions about the haddock limits and the August closure for GB cod. A
delay also has the potential to negatively impact for-hire fishing
business operations and angler's fishing trip bookings as fishing
charter companies and anglers wait for the final measures to be
implemented.
For GOM cod, a delay in implementation of regulations expanding the
fall season may result in reduced or delayed bookings for for-hire
vessels during that season. If the measures in this rule are delayed,
anglers may cancel reservations or try to reschedule trips for other
dates; some operators may have to reimburse clients for trips already
booked, reserved, or paid for. This could also hurt the business
relationships between for-hire operators and their clients, leading to
longer-term economic impacts for operators. For GB cod, trips that are
already booked in August would need to be canceled with immediate
implementation of this action. However, in this instance, the need for
the August closure to help prevent overfishing supersedes the concern
about booking trips. In addition, if we announce a delay in
effectiveness past August, anglers will book trips in August, thereby
ensuring that the benefits of the August closure would be undermined.
Furthermore, anglers and for-hire operators who are subject to this
action expect timely implementation to provide regulatory certainty,
prevent overages and overfishing, and prevent adverse economic impacts.
This final rule follows a process for setting yearly measures that are
familiar to, and anticipated by, fishery participants. During the
development of this rule, and in particular after the proposed rule
comment period ended, private anglers and for-hire vessel owners and
operators sought information from NMFS about the status and timing of
the implementation of these measures. They regularly urged NMFS to
finalize the
[[Page 54906]]
measures so that the measures for the year would take effect as
intended.
For these reasons, a 30-day delay in the date of effectiveness for
this final rule is unnecessary, impracticable and contrary to the
public interest.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration during the proposed rule stage that this action would
not have a significant economic impact on a substantial number of small
entities. The factual basis for the certification, which was published
in the proposed rule, has not changed and is not repeated here. No
comments were received regarding this certification. As a result, a
final regulatory flexibility analysis was not required and none was
prepared.
This proposed rule contains no information collection requirements
under the Paperwork Reduction Act of 1995.
This proposed rule has been determined to be not significant for
purposes of Executive Order 12866.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: August 8, 2023.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS is amending 50 CFR
part 648 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 Table 1 to Paragraph (b)(1), Table 2 to
Paragraph (c)(1)(i), and Table 3 to Paragraph (c)(2), to read as
follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(b) * * *
(1) * * *
Table 1 to Paragraph (b)(1)
----------------------------------------------------------------------------------------------------------------
Charter/party minimum Private minimum size Maximum size
size -----------------------------------------------
Species ------------------------
Inches cm Inches cm Inches cm
----------------------------------------------------------------------------------------------------------------
Cod:
Inside GOM Regulated Mesh Area \1\.. 22 55.9 22 55.9 N/A N/A
Outside GOM Regulated Mesh Area \1\. 23 58.4 23 58.4 N/A N/A
Haddock:
Inside GOM Regulated Mesh Area \1\.. 18 45.7 17 43.2 N/A N/A
Outside GOM Regulated Mesh Area \1\. 18 45.7 18 45.7 N/A N/A
Pollock................................. 19 48.3 19 48.3 N/A N/A
Witch Flounder (gray sole).............. 14 35.6 14 35.6 N/A N/A
Yellowtail Flounder..................... 13 33.0 13 33.0 N/A N/A
American Plaice (dab)................... 14 35.6 14 35.6 N/A N/A
Atlantic Halibut........................ 41 104.1 41 104.1 N/A N/A
Winter Flounder (black back)............ 12 30.5 12 30.5 N/A N/A
Redfish................................. 9 22.9 9 22.9 N/A N/A
----------------------------------------------------------------------------------------------------------------
\1\ GOM Regulated Mesh Area specified in Sec. 648.80(a).
* * * * *
(c) * * *
(1) * * *
(i) * * *
Table 2 to Paragraph (c)(1)(i)
----------------------------------------------------------------------------------------------------------------
Stock Open season Possession limit Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod.............................. September 1-April 30 5........................ June 1-August 31.
May 1-31.
GOM Cod............................. September 1-October 31. 1........................ May 1-August 31.
November 1-April 30.
GB Haddock.......................... All Year............... Unlimited................ N/A.
GOM Haddock......................... May 1-February 28 (or 10....................... 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.
[[Page 54907]]
Ocean Pout.......................... CLOSED................. No retention............. All Year.
---------------------------------------------------------------------------
Atlantic Halibut.................... See paragraph (c)(3).
---------------------------------------------------------------------------
Atlantic Wolffish................... CLOSED................. No retention............. All Year.
----------------------------------------------------------------------------------------------------------------
* * * * *
(2) * * *
Table 3 to Paragraph (c)(2)
----------------------------------------------------------------------------------------------------------------
Stock Open season Possession limit Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod.............................. September 1-April 30 5........................ June 1-August 31.
May 1-31.
GOM Cod............................. September 1-October 31. 1........................ May 1-August 31.
November 1-April 30.
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).
---------------------------------------------------------------------------
Atlantic Wolffish................... CLOSED................. No retention............. All Year.
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2023-17321 Filed 8-11-23; 8:45 am]
BILLING CODE 3510-22-P
