Fisheries of the Northeastern United States; Northeast Multispecies Fishery; Fishing Year 2024 Recreational Management Measures, 43364-43369 [2024-10849]
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Federal Register / Vol. 89, No. 97 / Friday, May 17, 2024 / Proposed Rules
proposes to codify EPA’s approval of
Missouri’s State program and
incorporate by reference those
provisions of the State regulations that
we have determined meet the
requirements for approval. The
provisions will be subject to EPA’s
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DATES: Comments on this proposed rule
must be received on or before June 17,
2024.
ADDRESSES: Submit comments,
identified by EPA–R07–UST–2023–
0491, by one of the following methods:
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on-line instructions for submitting
comments.
2. Email: drouare.douglas@epa.gov.
Instructions: Direct your comments to
Docket ID No. EPA–R07–UST–2023–
0491. EPA’s policy is that all comments
received will be included in the public
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and copy the documents that form the
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basis for this codification and associated
publicly available materials either
through https://www.regulations.gov or
by contacting Douglas E. Drouare at
(913) 551–7299 or drouare.douglas@
epa.gov. Please call or email the contact
listed above if you need access to
material indexed but not provided in
the docket.
FOR FURTHER INFORMATION CONTACT:
Douglas E. Drouare, Tanks, Toxics, and
Pesticides Branch, Land, Chemical, and
Redevelopment Division, U.S.
Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219; telephone
number: (913) 551–7299; email address:
drouare.douglas@epa.gov.
SUPPLEMENTARY INFORMATION: EPA has
explained the reasons for this action in
the preamble to the direct final rule. For
additional information, see the direct
final rule published in the ‘‘Rules and
Regulations’’ section of this Federal
Register.
Authority: This proposed rule is issued
under the authority of sections 2002(a),
7004(b), and 9004 of the Solid Waste
Disposal Act, as amended, 42 U.S.C. 6912,
6991c, 6991d, and 6991e.
Dated: May 9, 2024.
Meghan McCollister,
Regional Administrator, EPA Region 7.
[FR Doc. 2024–10773 Filed 5–16–24; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 240513–0136]
RIN 0648–BM90
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Fishing Year 2024
Recreational Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
This rulemaking proposes
fishing year 2024 recreational
management measures for Gulf of Maine
(GOM) cod and GOM haddock. The
measures are intended to ensure the
recreational fishery achieves, but does
not exceed, fishing year 2024 catch
limits for GOM cod and GOM haddock.
NMFS also announces that recreational
SUMMARY:
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measures for Georges Bank (GB) cod
will remain unchanged in fishing year
2024.
DATES: Comments must be received by
5:00 p.m. EST on June 3, 2024.
ADDRESSES: A plain language summary
of this proposed rule is available at
https://www.regulations.gov/docket/
NOAA-NMFS-2024-0047. You may
submit comments on this document,
identified by NOAA–NMFS–2024–0047,
by the following method:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
https://www.regulations.gov and enter
NOAA–NMFS–2024–0047 in the Search
box. Click on the ‘‘Comment’’ icon,
complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on https://www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter ‘‘N/
A’’ in the required fields if you wish to
remain anonymous).
To review Federal Register
documents referenced in this proposed
rule, you can visit: https://
www.fisheries.noaa.gov/managementplan/northeast-multispeciesmanagement-plan.
FOR FURTHER INFORMATION CONTACT:
Mark Grant, Fishery Policy Analyst,
(978) 281–9145.
SUPPLEMENTARY INFORMATION:
Background
Measures for the Gulf of Maine
The recreational fishery for 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-ACL) 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 (AM) to
prevent the recreational sub-ACLs from
being exceeded and reactive AMs to
correct the cause or mitigate the effects
of an overage if one occurs.
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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 2024 recreational sub-ACL for
GOM cod, established by Framework
Adjustment 63, is 192 metric tons (mt),
remains the same as the 2023
recreational sub-ACL (87 FR 42375, July
15, 2022).
For fishing year 2024, Framework
Adjustment 66 proposes a recreational
sub-ACL for GOM haddock of 759 mt,
which is a 4-percent reduction from the
2023 sub-ACL of 793 mt (89 FR 20412,
March 22, 2024).
NMFS projected the 2024 recreational
GOM cod and GOM haddock removals
under several combinations of
minimum sizes, slot limits, possession
limits, and closed seasons using the
2024 GOM cod sub-ACL implemented
by Framework Adjustment 63, the
proposed 2024 GOM haddock sub-ACL
in Framework Adjustment 66, and a
peer-reviewed bio-economic model
developed by NMFS’s Northeast
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Fisheries Science Center. The bioeconomic model considers measures for
the two stocks in conjunction because
cod are commonly caught while
recreational participants are targeting
haddock, linking the catch and effort for
each stock to the other. The bioeconomic model projected that status
quo measures would adequately limit
removals of GOM haddock in 2024, but
the model also projected that the total
GOM cod catch under status quo
measures would exceed the 2024 subACL.
For each of the sets of management
measures, 100 simulations of the bioeconomic model were conducted, and
the number of simulations which
yielded recreational mortality estimates
under the sub-ACL was used as an
estimate of the probability that the
simulated set of measures will not result
in an overage of the sub-ACL. Measures
that do not result in model-estimated
removals under the sub-ACL greater
than 50 percent of the time are generally
considered unsatisfactory. The results of
initial bio-economic model runs were
shared with the Council and its
Recreational Advisory Panel (RAP) and
Groundfish Oversight Committee for
review at their January meetings.
The RAP, the Groundfish Committee,
and the Council agreed on preferred
measures and the Council formally
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recommended a suite of measures to
NMFS on February 2, 2024. The Council
recommended maintaining the GOM
cod open season and 1-fish bag limit,
while increasing the minimum fish size
from 22 inches (55.9 centimeters (cm))
to 23 inches (58.4 cm); combined with
maintaining the GOM haddock open
season and increasing the minimum
haddock fish size from 17 inches (43.2
cm) to 18 inches (45.7 cm) for private
recreational vessels and increasing the
GOM haddock bag limit from 10 fish to
15 fish for private recreational vessels.
This change makes the recreational
GOM haddock measures the same for all
recreational vessels, rather than having
different bag limits and minimum fish
sizes for private vessels and for-hire
vessels. The model projected that
having different GOM haddock
measures for private recreational vessels
and for-hire vessels would not
sufficiently constrain catch to the quota.
The proposed measures are expected to
adequately constrain recreational catch
of GOM cod and GOM haddock based
on the bio-economic model estimates.
NMFS is proposing these Councilrecommended measures for GOM cod
and GOM haddock for fishing year 2024
(table 1).
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Proposed Measures ....
Status Quo Measures
15
15
For hire
possession
limit
10
Private
angler
possession
limit
18
18
For hire
minimum
size
inches
(cm)
17
Private
angler
minimum
size
inches
(cm)
May 1–February 28/29 and April 1–
April 30.
May 1–February 28/29 and April 1–
April 30.
Open season
GOM haddock
517.68
557.87
Projected
catch
(mt)
100
100
%
Simulations
under
haddock
sub-ACL
1
1
Possession
limit
23 (58.4)
22 (55.9)
Minimum
size
inches
(cm)
September 1–
October 31.
September 1–
October 31.
Open season
GOM cod
181.69
200.21
Projected
catch
(mt)
63
34
%
Simulations
under
cod
sub-ACL
TABLE 1—SUMMARY OF GULF OF MAINE STATUS QUO MEASURES AND PROPOSED MEASURES, WITH MODEL ESTIMATES OF CATCH AND THE PROBABILITY OF
CATCH REMAINING BELOW THE SUB-ACLS
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Federal Register / Vol. 89, No. 97 / Friday, May 17, 2024 / Proposed Rules
Status Quo for Georges Bank
This rule also announces that the
current recreational measures for GB
cod will remain in place for fishing year
2024. The Council reviewed the GB cod
recreational catch and effort information
provided by the Northeast Fisheries
Science Center. This information shows
that maintaining the status quo
measures for GB cod would likely keep
recreational catches close to the catch
target of 113 mt in fishing year 2024.
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Classification
NMFS is issuing this proposed rule
pursuant to section 305(d) of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) to carry out the
FMP consistent with measures
implemented in regulations at 50 CFR
648.89(f)(3). The NMFS Assistant
Administrator has determined that this
proposed rule is consistent with the
Northeast Multispecies FMP and other
applicable law, subject to further
consideration after public comment.
Due to timing constraints resulting
from the Council-recommend measures
being finalized on January 31, 2024,
NMFS is providing a 15-day comment
period. This rulemaking proposes
modifications to management measures
for GOM cod and GOM haddock under
existing NMFS authority to implement
annual recreational fishing measures, in
consultation with the Council. The
Northeast multispecies fishing year
begins on May 1 of each year and
continues through April 30 of the
following calendar year. Delaying final
action on these proposed measures to
allow for a longer comment period than
the minimum 15-day amount allowed
for by the Magnuson-Stevens Act would
result in significant regulatory
confusion for the industry and has the
potential to negatively impact for-hire
fishing business operations and
bookings. Delayed implementation of
measures may diminish the intended
impact and increase the uncertainty of
outcomes of measures and may
potentially result in overages or
overfishing. The changes to the GOM
haddock measures are necessary to
reduce bycatch of cod during the open
season for GOM haddock. Delaying the
change in the GOM haddock measures
beyond May 1, 2024, is expected to
increase cod bycatch above the levels
projected by the bio-economic model
and to raise the likelihood of an overage.
GOM cod is overfished and was subject
to overfishing in the most recent
assessment which highlights the need
for this action to be in place as close to
the May 1, 2024, start of the fishing year
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as possible. The intended performance
of Federal recreational measures also
depends on the implementation of
complementary state-waters measures
by partner states. Delaying the
promulgation of a final rule to allow
more time for public comment may also
impact the ability of states to implement
complementary measures in a timely
fashion, increasing regulatory confusion
among private anglers and the for-hire
industry, negatively impacting for-hire
bookings, and introducing significant
uncertainty into the performance of
recreational measures. This rulemaking
proposes changes that fall within the
range of options discussed during a
series of public meetings. Affected and
other interested parties have already
had opportunity to participate in the
Council’s process to develop this action,
which provided extensive opportunity
to comment about potential measures
and their impacts.
The Chief Counsel for Regulation of
the Department of Commerce certified
to the Chief Counsel for Advocacy of the
Small Business Administration (SBA)
that this proposed rule, if adopted,
would not have a significant economic
impact on a substantial number of small
entities.
For Regulatory Flexibility Act (RFA)
purposes only, NMFS established a
small business size standard for
businesses, including their affiliates,
whose primary industry is fishing (see
50 CFR 200.2). A business primarily
engaged in fishing (NAICS code 11411)
is classified as a small business if it is
independently owned and operated, is
not dominant in its field of operation
(including its affiliates) and has
combined annual receipts less than
$11.0 million for all its affiliated
operations worldwide. A small for-hire
recreational fishing business is defined
as a firm with receipts of up to $11.0
million. Having different size standards
for different types of fishing activities
creates difficulties in categorizing
businesses that participate in multiple
fishing related activities. For purposes
of this assessment, business entities
have been classified into the SBAdefined categories based on which
activity produced the highest percentage
of average annual gross revenues from
2018–2022, the most recent 5-year
period for which data are available. This
classification is now possible because
vessel ownership data are included in
the Northeast permit database. The
ownership data identify all individuals
who own fishing vessels. Using this
information, vessels can be grouped
together according to common owners.
Each of the resulting groups was treated
as a single fishing business for purposes
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of this analysis. Revenues are summed
across all vessels in a group and the
activities that generate those revenues
form the basis for determining whether
the entity is a large or small business.
As the for-hire owner is permitted and
required to comply with these measures
and can be held liable under the law for
violations of the proposed regulations,
for-hire business entities are considered
directly affected in this analysis. Private
anglers are not considered ‘‘entities’’
under the RFA.
For-hire fishing businesses are
required to obtain a Federal charter/
party Northeast multispecies fishing
permit in order to carry passengers to
catch Northeast multispecies including
GOM cod and GOM haddock. Limited
access permit holders may also take
passengers for-hire but are not allowed
to hold any open access permits. Thus,
the affected businesses entities of
concern are businesses that hold Federal
Northeast multispecies Limited Access
permits or for-hire fishing permits
(Category I). While all of these business
entities could be affected by changes in
recreational fishing restrictions, not all
entities actively participate in a given
year. Those who actively participate
(i.e., report catch) would be the group of
business entities that are affected by the
regulations. Latent fishing power (in the
form of unfished permits) has the
potential to alter the impacts on a
fishery, but it is not possible to predict
how many of these latent business
entities will participate in this fishery in
fishing year 2024. The Northeast Federal
permits database indicates that a total of
1,314 vessels held a Northeast
multispecies Limited Access or for-hire
fishing permit in 2022 (the most recent
full year of available data). Of these
1,314 vessels, only 154 actively
participated in the for-hire Atlantic cod
and haddock fishery in calendar year
2022 (i.e., reported catch of cod or
haddock). NMFS used these participants
to analyze the potential economic
impact of these regulations.
Using vessel ownership information
and vessel trip report data, NMFS
determined that the 154 for-hire vessels
actively participating in the fishery are
owned by 142 unique fishing business
entities. The majority of the 142 fishing
businesses were solely engaged in forhire fishing, but some also earned
revenue from commercial shellfish and/
or finfish fishing. The highest
percentage of annual gross revenues for
all but 12 of the fishing businesses was
from for-hire fishing.
Average annual gross revenue
estimates calculated from the most
recent 5 years (2018–2022) indicate that
none of the 142 fishing business entities
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had annual receipts of more than $11.0
million from all of their fishing
activities (i.e., for-hire, shellfish, and
finfish). Therefore, all of the affected
fishing business entities are considered
‘‘small’’ by the SBA size standards, and
thus this action will not
disproportionately affect small versus
large for-hire business entities. The
proposed measures are expected to have
a negative, but negligible, effect on
small entities because they are expected
to reduce GOM cod and GOM haddock
catch and reduce overall trips,
compared to status quo measures. The
proposed measures for GOM cod and
GOM haddock would lead to more
restrictive harvest opportunities for forhire anglers that balance the need for
additional restrictions with
opportunities to target these stocks. This
action is not expected to have a
significant or substantial effect on small
entities. Under the proposed action,
small entities would not be placed at a
competitive disadvantage relative to
large entities, and the regulations would
not substantially reduce profit for any
small entities. Based on these
conclusions, an initial regulatory
flexibility analysis is not required and
none has been 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: May 13, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the
preamble, NMFS proposes to amend 50
CFR part 648 as follows:
PART 648—FISHERIES OF THE
NORTHEASTERN UNITED STATES
1. The authority citation for part 648
continues to read as follows:
■
Authority: 16 U.S.C. 1801 et seq.
2. In § 648.89, revise table 1 to
paragraph (b)(1) and table 2 to
paragraph (c)(1)(i) to read as follows:
■
§ 648.89 Recreational and charter/party
vessel restrictions.
*
*
*
(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
*
Private
minimum size
cm
Inches
Maximum size
Inches
cm
cm
23
23
58.4
58.4
23
23
58.4
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
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
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
GOM Regulated Mesh Area specified in § 648.80(a).
*
*
(c) * * *
(1) * * *
*
*
(i) * * *
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TABLE 2 TO PARAGRAPH (c)(1)(I)
Stock
Open season
Possession limit
Closed season
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 ...................................................
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 .................................................
Unlimited ................
15 ...........................
Unlimited ................
Unlimited ................
Unlimited ................
Unlimited ................
Unlimited ................
Unlimited ................
Unlimited ................
Unlimited ................
Unlimited ................
Unlimited ................
Unlimited ................
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.
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TABLE 2 TO PARAGRAPH (c)(1)(I)—Continued
Stock
Open season
Possession limit
N Windowpane Flounder .......................
S Windowpane Flounder .......................
Ocean Pout ............................................
CLOSED ...............................................
CLOSED ...............................................
CLOSED ...............................................
No retention ...........
No retention ...........
No retention ...........
Atlantic Halibut .......................................
Atlantic Wolffish .....................................
*
*
*
*
Closed season
All Year.
All Year.
All Year.
See paragraph (c)(3)
CLOSED ...............................................
No retention ...........
All Year.
*
[FR Doc. 2024–10849 Filed 5–16–24; 8:45 am]
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]]>Agencies
[Federal Register Volume 89, Number 97 (Friday, May 17, 2024)]
[Proposed Rules]
[Pages 43364-43369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-10849]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 240513-0136]
RIN 0648-BM90
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Fishing Year 2024 Recreational Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Proposed rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This rulemaking proposes fishing year 2024 recreational
management measures for Gulf of Maine (GOM) cod and GOM haddock. The
measures are intended to ensure the recreational fishery achieves, but
does not exceed, fishing year 2024 catch limits for GOM cod and GOM
haddock. NMFS also announces that recreational measures for Georges
Bank (GB) cod will remain unchanged in fishing year 2024.
DATES: Comments must be received by 5:00 p.m. EST on June 3, 2024.
ADDRESSES: A plain language summary of this proposed rule is available
at https://www.regulations.gov/docket/NOAA-NMFS-2024-0047. You may
submit comments on this document, identified by NOAA-NMFS-2024-0047, by
the following method:
Electronic Submission: Submit all electronic public
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2024-0047 in the Search box.
Click on the ``Comment'' icon, complete the required fields, and enter
or attach your comments.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
https://www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in the required fields if you wish to remain
anonymous).
To review Federal Register documents referenced in this proposed
rule, you can visit: https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan.
FOR FURTHER INFORMATION CONTACT: Mark Grant, Fishery Policy Analyst,
(978) 281-9145.
SUPPLEMENTARY INFORMATION:
Background
Measures for the Gulf of Maine
The recreational fishery for 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-
ACL) 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 (AM) to prevent the recreational sub-ACLs from being exceeded
and reactive AMs to correct the cause or mitigate the effects of an
overage if one occurs.
[[Page 43365]]
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 2024 recreational sub-ACL for GOM cod, established by Framework
Adjustment 63, is 192 metric tons (mt), remains the same as the 2023
recreational sub-ACL (87 FR 42375, July 15, 2022).
For fishing year 2024, Framework Adjustment 66 proposes a
recreational sub-ACL for GOM haddock of 759 mt, which is a 4-percent
reduction from the 2023 sub-ACL of 793 mt (89 FR 20412, March 22,
2024).
NMFS projected the 2024 recreational GOM cod and GOM haddock
removals under several combinations of minimum sizes, slot limits,
possession limits, and closed seasons using the 2024 GOM cod sub-ACL
implemented by Framework Adjustment 63, the proposed 2024 GOM haddock
sub-ACL in Framework Adjustment 66, and a peer-reviewed bio-economic
model developed by NMFS's Northeast Fisheries Science Center. The bio-
economic model considers measures for the two stocks in conjunction
because cod are commonly caught while recreational participants are
targeting haddock, linking the catch and effort for each stock to the
other. The bio-economic model projected that status quo measures would
adequately limit removals of GOM haddock in 2024, but the model also
projected that the total GOM cod catch under status quo measures would
exceed the 2024 sub-ACL.
For each of the sets of management measures, 100 simulations of the
bio-economic model were conducted, and the number of simulations which
yielded recreational mortality estimates under the sub-ACL was used as
an estimate of the probability that the simulated set of measures will
not result in an overage of the sub-ACL. Measures that do not result in
model-estimated removals under the sub-ACL greater than 50 percent of
the time are generally considered unsatisfactory. The results of
initial bio-economic model runs were shared with the Council and its
Recreational Advisory Panel (RAP) and Groundfish Oversight Committee
for review at their January meetings.
The RAP, the Groundfish Committee, and the Council agreed on
preferred measures and the Council formally recommended a suite of
measures to NMFS on February 2, 2024. The Council recommended
maintaining the GOM cod open season and 1-fish bag limit, while
increasing the minimum fish size from 22 inches (55.9 centimeters (cm))
to 23 inches (58.4 cm); combined with maintaining the GOM haddock open
season and increasing the minimum haddock fish size from 17 inches
(43.2 cm) to 18 inches (45.7 cm) for private recreational vessels and
increasing the GOM haddock bag limit from 10 fish to 15 fish for
private recreational vessels. This change makes the recreational GOM
haddock measures the same for all recreational vessels, rather than
having different bag limits and minimum fish sizes for private vessels
and for-hire vessels. The model projected that having different GOM
haddock measures for private recreational vessels and for-hire vessels
would not sufficiently constrain catch to the quota. The proposed
measures are expected to adequately constrain recreational catch of GOM
cod and GOM haddock based on the bio-economic model estimates. NMFS is
proposing these Council-recommended measures for GOM cod and GOM
haddock for fishing year 2024 (table 1).
[[Page 43366]]
Table 1--Summary of Gulf of Maine Status Quo Measures and Proposed Measures, With Model Estimates of Catch and the Probability of Catch Remaining Below the Sub-ACLs
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
GOM haddock GOM cod
----------------------------------------------------------------------------------------------------------------------------------------------------------------
Private
Private For hire angler % Minimum %
For hire angler minimum minimum Projected Simulations Possession size Projected Simulations
possession possession size size Open season catch under limit inches Open season catch under cod
limit limit inches inches (mt) haddock sub- (cm) (mt) sub-ACL
(cm) (cm) ACL
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Status Quo Measures............ 15 10 18 17 May 1-February 28/ 557.87 100 1 22 (55.9) September 1-October 200.21 34
29 and April 1- 31.
April 30.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Proposed Measures.............. 15
18 May 1- 517.68 100............... 1 23 (58.4) September 1- 181.69 63.................
February October 31
28/29 and
April 1-
April 30
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 43367]]
Status Quo for Georges Bank
This rule also announces that the current recreational measures for
GB cod will remain in place for fishing year 2024. The Council reviewed
the GB cod recreational catch and effort information provided by the
Northeast Fisheries Science Center. This information shows that
maintaining the status quo measures for GB cod would likely keep
recreational catches close to the catch target of 113 mt in fishing
year 2024.
Classification
NMFS is issuing this proposed rule pursuant to section 305(d) of
the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-
Stevens Act) to carry out the FMP consistent with measures implemented
in regulations at 50 CFR 648.89(f)(3). The NMFS Assistant Administrator
has determined that this proposed rule is consistent with the Northeast
Multispecies FMP and other applicable law, subject to further
consideration after public comment.
Due to timing constraints resulting from the Council-recommend
measures being finalized on January 31, 2024, NMFS is providing a 15-
day comment period. This rulemaking proposes modifications to
management measures for GOM cod and GOM haddock under existing NMFS
authority to implement annual recreational fishing measures, in
consultation with the Council. The Northeast multispecies fishing year
begins on May 1 of each year and continues through April 30 of the
following calendar year. Delaying final action on these proposed
measures to allow for a longer comment period than the minimum 15-day
amount allowed for by the Magnuson-Stevens Act would result in
significant regulatory confusion for the industry and has the potential
to negatively impact for-hire fishing business operations and bookings.
Delayed implementation of measures may diminish the intended impact and
increase the uncertainty of outcomes of measures and may potentially
result in overages or overfishing. The changes to the GOM haddock
measures are necessary to reduce bycatch of cod during the open season
for GOM haddock. Delaying the change in the GOM haddock measures beyond
May 1, 2024, is expected to increase cod bycatch above the levels
projected by the bio-economic model and to raise the likelihood of an
overage. GOM cod is overfished and was subject to overfishing in the
most recent assessment which highlights the need for this action to be
in place as close to the May 1, 2024, start of the fishing year as
possible. The intended performance of Federal recreational measures
also depends on the implementation of complementary state-waters
measures by partner states. Delaying the promulgation of a final rule
to allow more time for public comment may also impact the ability of
states to implement complementary measures in a timely fashion,
increasing regulatory confusion among private anglers and the for-hire
industry, negatively impacting for-hire bookings, and introducing
significant uncertainty into the performance of recreational measures.
This rulemaking proposes changes that fall within the range of options
discussed during a series of public meetings. Affected and other
interested parties have already had opportunity to participate in the
Council's process to develop this action, which provided extensive
opportunity to comment about potential measures and their impacts.
The Chief Counsel for Regulation of the Department of Commerce
certified to the Chief Counsel for Advocacy of the Small Business
Administration (SBA) that this proposed rule, if adopted, would not
have a significant economic impact on a substantial number of small
entities.
For Regulatory Flexibility Act (RFA) purposes only, NMFS
established a small business size standard for businesses, including
their affiliates, whose primary industry is fishing (see 50 CFR 200.2).
A business primarily engaged in fishing (NAICS code 11411) is
classified as a small business if it is independently owned and
operated, is not dominant in its field of operation (including its
affiliates) and has combined annual receipts less than $11.0 million
for all its affiliated operations worldwide. A small for-hire
recreational fishing business is defined as a firm with receipts of up
to $11.0 million. Having different size standards for different types
of fishing activities creates difficulties in categorizing businesses
that participate in multiple fishing related activities. For purposes
of this assessment, business entities have been classified into the
SBA-defined categories based on which activity produced the highest
percentage of average annual gross revenues from 2018-2022, the most
recent 5-year period for which data are available. This classification
is now possible because vessel ownership data are included in the
Northeast permit database. The ownership data identify all individuals
who own fishing vessels. Using this information, vessels can be grouped
together according to common owners. Each of the resulting groups was
treated as a single fishing business for purposes of this analysis.
Revenues are summed across all vessels in a group and the activities
that generate those revenues form the basis for determining whether the
entity is a large or small business. As the for-hire owner is permitted
and required to comply with these measures and can be held liable under
the law for violations of the proposed regulations, for-hire business
entities are considered directly affected in this analysis. Private
anglers are not considered ``entities'' under the RFA.
For-hire fishing businesses are required to obtain a Federal
charter/party Northeast multispecies fishing permit in order to carry
passengers to catch Northeast multispecies including GOM cod and GOM
haddock. Limited access permit holders may also take passengers for-
hire but are not allowed to hold any open access permits. Thus, the
affected businesses entities of concern are businesses that hold
Federal Northeast multispecies Limited Access permits or for-hire
fishing permits (Category I). While all of these business entities
could be affected by changes in recreational fishing restrictions, not
all entities actively participate in a given year. Those who actively
participate (i.e., report catch) would be the group of business
entities that are affected by the regulations. Latent fishing power (in
the form of unfished permits) has the potential to alter the impacts on
a fishery, but it is not possible to predict how many of these latent
business entities will participate in this fishery in fishing year
2024. The Northeast Federal permits database indicates that a total of
1,314 vessels held a Northeast multispecies Limited Access or for-hire
fishing permit in 2022 (the most recent full year of available data).
Of these 1,314 vessels, only 154 actively participated in the for-hire
Atlantic cod and haddock fishery in calendar year 2022 (i.e., reported
catch of cod or haddock). NMFS used these participants to analyze the
potential economic impact of these regulations.
Using vessel ownership information and vessel trip report data,
NMFS determined that the 154 for-hire vessels actively participating in
the fishery are owned by 142 unique fishing business entities. The
majority of the 142 fishing businesses were solely engaged in for-hire
fishing, but some also earned revenue from commercial shellfish and/or
finfish fishing. The highest percentage of annual gross revenues for
all but 12 of the fishing businesses was from for-hire fishing.
Average annual gross revenue estimates calculated from the most
recent 5 years (2018-2022) indicate that none of the 142 fishing
business entities
[[Page 43368]]
had annual receipts of more than $11.0 million from all of their
fishing activities (i.e., for-hire, shellfish, and finfish). Therefore,
all of the affected fishing business entities are considered ``small''
by the SBA size standards, and thus this action will not
disproportionately affect small versus large for-hire business
entities. The proposed measures are expected to have a negative, but
negligible, effect on small entities because they are expected to
reduce GOM cod and GOM haddock catch and reduce overall trips, compared
to status quo measures. The proposed measures for GOM cod and GOM
haddock would lead to more restrictive harvest opportunities for for-
hire anglers that balance the need for additional restrictions with
opportunities to target these stocks. This action is not expected to
have a significant or substantial effect on small entities. Under the
proposed action, small entities would not be placed at a competitive
disadvantage relative to large entities, and the regulations would not
substantially reduce profit for any small entities. Based on these
conclusions, an initial regulatory flexibility analysis is not required
and none has been 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: May 13, 2024.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine
Fisheries Service.
For the reasons set out in the preamble, NMFS proposes to amend 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) and table 2 to
paragraph (c)(1)(i) 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 23 58.4 23 58.4 N/A N/A
\1\..........................
Outside GOM Regulated Mesh 23 58.4 23 58.4 N/A N/A
Area \1\.....................
Haddock:
Inside GOM Regulated Mesh Area 18 45.7 18 45.7 N/A N/A
\1\..........................
Outside GOM Regulated Mesh 18 45.7 18 45.7 N/A N/A
Area \1\.....................
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 1............................. May 1-August 31;
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.
[[Page 43369]]
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. 2024-10849 Filed 5-16-24; 8:45 am]
BILLING CODE 3510-22-P
