[Federal Register Volume 83, Number 56 (Thursday, March 22, 2018)]
[Proposed Rules]
[Pages 12551-12559]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-05811]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 180201108-8261-01]
RIN 0648-BH55


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Fishing Year 2018 Recreational Management 
Measures

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS proposes to set 2018 recreational management measures for 
Gulf of Maine cod and haddock and Georges Bank cod. This action is 
necessary to respond to updated catch and other scientific information. 
The proposed measures are intended to ensure the recreational fishery 
achieves, but does not exceed, its fishing year 2018 catch limits.

DATES: Comments must be received by April 6, 2018.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2018-0040, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal.
    1. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2018-0040
    2. Click the ``Comment Now!'' icon, complete the required fields, 
and
    3. Enter or attach your comments.
     Mail: Submit written comments to: Michael Pentony, 
Regional Administrator, National Marine Fisheries Service, 55 Great 
Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, 
``Comments on the Fishing Year 2018 Groundfish Recreational Measures.''
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Copies of the analyses supporting this rulemaking, including the 
Framework Adjustment 57 environmental assessment (EA) prepared by the 
New England Fishery Management Council, and draft supplemental EA to 
Framework Adjustment 57 prepared by the Greater Atlantic Regional 
Fisheries Office and Northeast Fisheries Science Center, are available 
from: Michael Pentony, Regional Administrator, National Marine 
Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. The 
supporting documents are also accessible via the internet at: http://www.nefmc.org/management-plans/northeast-multispecies or http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Management 
Specialist, phone: 978-281-9116; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

1. Proposed Gulf of Maine Recreational Management Measures for 
Fishing Year 2018
2. Fishing Year 2018 Georges Bank Cod Recreational Management 
Measures
3. Regulatory Corrections

Background

Proposed Gulf of Maine Recreational Management Measures for Fishing 
Year 2018

    The recreational fishery for Gulf of Maine (GOM) cod and haddock is 
managed under the Northeast Multispecies Fishery Management Plan (FMP). 
The FMP sets sub-annual catch limits (sub-ACL) for the recreational 
fishery for each fishing year for GOM cod and haddock. These sub-ACLs 
are a portion of the overall catch limit for each stock. The 
multispecies fishery opens on May 1 each year and runs through April 30 
of the following calendar year. The FMP also includes recreational 
accountability measures (AM) to prevent the recreational sub-ACLs from 
being exceeded, or to correct the cause of an overage if one occurs.
    The proactive AM provision in the FMP requires the Regional 
Administrator, in consultation with the New England Fishery Management 
Council, to develop recreational management measures for the upcoming 
fishing year to ensure that the recreational sub-ACL is achieved, but 
not exceeded. The provisions authorizing this action can be found in 
Sec.  648.89(f)(3) of the FMP's implementing regulations.

[[Page 12552]]

    For fishing year 2017, the recreational sub-ACL for GOM cod 
remained the same as 2016, and the recreational sub-ACL for GOM haddock 
increased 25 percent. In order to reduce cod catch and prevent 
subsequent overages, and because haddock management measures affect cod 
catch, both cod and haddock management measures were more conservative 
in 2017. This is because in 2016 cod catch increased more than 
predicted and the recreational sub-ACL was exceeded by 92 percent. 
Preliminary estimates of 2017 recreational GOM cod catch exceed the 
sub-ACL by 55 percent despite the more conservative management 
measures. Estimates of 2017 GOM haddock catch are less than half of the 
sub-ACL.
    According to the 2017 stock assessments, the GOM cod and haddock 
stocks are increasing, although cod remains overfished and subject to a 
rebuilding plan. Framework Adjustment 57, a concurrent action, proposes 
2018 ACLs based on the updated assessments. For 2018, the proposed 
haddock sub-ACL increases by 290 percent, from 1,160 mt to 3,358 mt, 
and the proposed cod sub-ACL increases from 157 to 220 mt. The 
recreational sub-ACLs are based on a fixed percentage of the total 
commercial ACLs. This action sets recreational management measures 
designed to achieve, but not exceed the recreational sub-ACLs.
    As specified in Table 1, compared to the 2017 catch, the 2018 sub-
ACLs would allow for a 78-percent increase in haddock catch, but would 
require an 11-percent reduction in cod catch. Status quo measures are 
projected to result in cod catch above the sub-ACL, and haddock catch 
below the sub-ACL. Because 2018 catch of cod under the status quo 
measures is projected to be above the cod sub-ACL, we are required, in 
consultation with the Council, to revise the GOM recreational measures 
for fishing year 2018.

                Table 1--Fishing Year 2017 Catch Compared to Fishing Year 2017 and 2018 Sub-ACLs
----------------------------------------------------------------------------------------------------------------
                                                                                                  Change in 2017
                                  Estimated 2017   2017 sub-ACL    Percent of FY   2018 sub-ACL   catch to reach
            GOM stock               catch (mt)         (mt)        2017 sub-ACL        (mt)        2018 sub-ACL
                                                                      caught                         (percent)
----------------------------------------------------------------------------------------------------------------
Cod.............................             244             157             155             220             -11
Haddock.........................             740           1,160              64           3,358              78
----------------------------------------------------------------------------------------------------------------

Proposed Measures

    We consulted with the Council and its Recreational Advisory Panel 
(RAP) in January 2018. The RAP and Council recommended status quo 
measures for GOM cod and haddock. Status quo measures are projected to 
constrain the catch of cod to the sub-ACL only if the Commonwealth of 
Massachusetts prohibits recreational anglers in state waters from 
retaining GOM cod. For-hire vessels in Massachusetts are prohibited 
from fishing for cod. Alternatively, the Council recommended 
implementing different measures for the private angler and for-hire 
components of the fishery if the Commonwealth of Massachusetts does not 
prohibit the possession of cod. Recent catch information suggests the 
for-hire fleet has been able to avoid cod bycatch when fishing for 
haddock more effectively than private anglers. As a result, the Council 
determined separate measures for each fleet would more effectively 
achieve the necessary cod reductions. The addition of a May closure for 
private anglers, combined with a reduction of the for-hire haddock 
possession limit is projected to keep cod catch below the sub-ACL.
    A peer-reviewed bioeconomic model, developed by the Northeast 
Fisheries Science Center, was used to estimate 2018 recreational GOM 
cod and haddock mortality under various combinations of minimum sizes, 
possession limits, and closed seasons. Even when incorporating zero 
possession of GOM cod in Federal waters, but without an accompanying 
prohibition of recreational possession of cod by Massachusetts private 
anglers, the model estimates that the status quo measures for GOM 
haddock are not expected to constrain the bycatch of cod to the 2018 
catch limit. The model estimates that the status quo haddock measures 
would result in cod catch of 226 mt and haddock catch of 920 mt (see 
Table 3), which would be 102 percent of the 220 mt cod sub-ACL and 27 
percent of the haddock sub-ACL. If Massachusetts prohibits private 
angler possession of cod, status quo Federal measures for cod and 
haddock are expected to constrain cod catch to the sub-ACL. Predicted 
cod catch, under this scenario, is 193 mt. The Council's recommended, 
but non-preferred alternative does not rely on modifications to 
Massachusetts' recreational measures, but implements a new closure for 
the month of May for private anglers, and reduces the for-hire 
possession limit from 12 to 10 fish. Under this alternative cod catch 
is projected to be 198 mt.
    Table 2 summarizes the status quo measures and the measures being 
proposed for comment, along with the model's estimates of catch and the 
likelihood of catch remaining below the sub-ACLs. At the time the model 
was run and presented to the Council for consideration, the preliminary 
GOM cod sub-ACL was estimated to be 200 mt, and the probabilities are 
based on this amount. We have since determined that the fishing year 
2018 GOM cod sub-ACL will be 220 mt. The increased quota does not 
change the predicted cod catch under the different measures, but the 
probability that cod catch will be below the sub-ACL increases. 
Projected catch associated with the status quo measures still exceeds 
the updated sub-ACL, and the proposed alternatives do not change. We 
intend to update the model probabilities using the higher, updated sub-
ACL and publish those results with the final rule for this action.

[[Page 12553]]

[GRAPHIC] [TIFF OMITTED] TP22MR18.006

    The bioeconomic model's predicted probabilities that catch will 
remain at or below the sub-ACLs are informative. The model uses 
preliminary data from the Marine Recreational Information Program 
(MRIP). MRIP data are updated throughout the fishing year as new data 
arrives in different waves and older data is updated. Incorporation of 
new waves, or updates, may result in changes. The MRIP data are 
estimates and highly variable from year to year. This combination of 
factors makes it difficult to produce consistent predictions and to 
assess the underlying reasons for the discrepancies between the model's 
predicted catch and estimates of actual catch. The model has 
underestimated recreational catch historically, but its predictive 
power has been increasing in recent years. Recent measures have 
resulted in catch close to the sub-ACLs; however, a number of overages 
have still occurred. Increasing the probability of maintaining catch 
under the sub-ACL provides more confidence that the measures may keep 
catch within the sub-ACL despite this data uncertainty.

2. Fishing Year 2018 Georges Bank Cod Recreational Management Measures

    As part of Framework 57 to the Northeast Multispecies FMP, the 
Council recommended to give the Regional Administrator authority to 
adjust the GB cod recreational management measures for fishing years 
2018 and 2019. Framework 57 is intended to be implemented for the 2018 
fishing year. Concurrent to the Framework 57 rulemaking, which is 
expected in March 2018, we are considering whether adjustments to GB 
cod recreational measures are necessary, should the framework be 
approved. This action was precipitated by an unusually high 
recreational catch estimate of GB cod in 2016 that contributed to an 
overage of the total ACL and acceptable biological catch. Unlike GOM 
cod and haddock, there is no recreational sub-ACL for GB cod and no 
accountability measures for the recreational fishery when an overage 
occurs. The Council did not consider a recreational sub-ACL in this 
action because of a lack of time to consider this issue. However, the 
Council recommended a catch target for us to use when considering 
adjustments to GB cod measures. The catch target is based on the most 
recent 5 year (calendar years 2012-2016) average recreational catch 
(138 mt). The Council expects that measures designed to achieve this 
target amount for the recreational fishery will help the overall 
fishery attain, but not exceed, its overall ACL. According to the 2017 
updated assessment the stock remains in poor condition, but the GB cod 
stock biomass is increasing and supports an increase in the ACL 
consistent with this change. Based on the updated assessment the 
proposed 2018 overall ACL is increasing 139 percent compared to 2017.
    With the exception of 2013, recreational catch of Georges Bank cod 
has been increasing (see Table 4). Recreational management measures for 
this stock have not been modified since 2010. For these reasons, we 
expect the increasing trend in recreational catch to continue.
[GRAPHIC] [TIFF OMITTED] TP22MR18.007

    Since the Council meeting in December 2018, preliminary 2017 wave 6 
MRIP data were released. Wave 6 (November-December) encompass the 
season for which GB recreational cod catches are historically the 
highest. The updated projection for fishing year 2017 recreational 
catch of GB cod is 120 percent lower than what was previously estimated 
and presented to the RAP and Council. The updated fishing year 2017 
estimate is 51 mt. This reduction is not

[[Page 12554]]

consistent with the increasing trend in catch that has been observed 
since 2013. Given the inherent variability in the MRIP data, many 
recreational fisheries use a moving average when considering measures 
for subsequent years. Incorporating the updated 2017 catch estimate, 
the 3-year average (fishing years 2015-2017) recreational catch is 196 
mt. This average is greater than the catch target, and recreational 
catch in 2015 and 2016 was greater than the catch target.

Proposed Measures

    Due to the potential increase in cod encounters by recreational 
anglers, and the poor stock condition, the Council is recommending 
measures to limit the potential for extreme catch amounts of cod and 
facilitate enforcement of the measures. To meet this goal, the Council 
recommended setting a possession limit for the for-hire fleet. 
Currently private anglers have a 10-fish possession limit, and for-hire 
vessels have no limit. The proposed change would harmonize the private 
and for-hire restrictions while meeting capping potential cod 
interactions on a trip-by-trip basis. The Council also proposed an 
increase in the minimum size limit from 22 to 24 inches (55.88 to 60.96 
cm). The proposed minimum size is consistent with the minimum size for 
recreationally caught cod in the GOM when that fishery is open. Also, a 
uniform size limit can help avoid confusion and aid enforcement. In 
2016, approximately 40 percent of the cod landings were less than 24 
inches. Thus, an increase to the minimum size we expect would reduce 
cod mortality relative to 2016 catch.
    Unlike for the GOM recreational fishery, there is no model 
available to evaluate the probability of catch amounts for the Georges 
Bank management changes. However, past data shows that setting a 
possession limit and increasing the minimum size are effective 
techniques for reducing recreational catch. A possession limit will cap 
the amount of catch per trip and help meet the goal of limiting extreme 
events. Uniform size limits also will limit mortality as well as assist 
enforcement. The proposed fishing year 2018 recreational measures for 
Georges Bank cod are specified in Table 5, along with information on 
fishing year 2017 measures for comparison.
[GRAPHIC] [TIFF OMITTED] TP22MR18.008

    We are seeking comments on the Council's trip and size limits in 
relation to preventing extreme recreational catches of GB cod, 
assisting enforcement, and avoiding the potential negative impacts on 
the commercial groundfish fishery from recreational catch that 
contributes to overall ACL overages. In particular, we are interested 
in the measures in relation to achieving the catch target and avoiding 
overages of the overall ACL in light of the new MRIP data and estimated 
2017 recreational GB cod catch. Because of the variability in MRIP 
data, and the lack of a model to evaluate the effect of the proposed 
measures, it is difficult to determine the probability that measures 
may constrain harvest to the catch target. Additionally, because the 
recreational fishery does not receive an allocation for GB cod, there 
are no AMs for recreational vessels in the event the catch target or 
the overall ACL is exceeded. For 2018, the commercial groundfish 
fishery is required to payback the 2016 fishing year ACL overage.

3. Regulatory Corrections

    This action also proposes several corrections to the regulatory 
text to improve clarity and consistency of the recreational 
regulations. The corrections in this action are proposed under the 
authority of section 305(d) of the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act), which states 
that the Secretary of Commerce may promulgate regulations necessary to 
ensure that FMPs are implemented in accordance with the Magnuson-
Stevens Act.
    In Sec.  648.89(c), we have adopted a new approach to present 
recreational possession limits to simplify and improve clarity of the 
regulations. Rather than stating possession limits and seasons 
exclusively through text, a table would be used. Explanatory 
information (e.g., filleting exemption from minimum size) would still 
be in text form.
    In Sec.  648.14(k)(16), we propose to add the possession 
prohibitions for ocean pout and windowpane flounder by the recreational 
fishery. Possession, by the recreational fishery, of ocean pout and 
windowpane flounder is already prohibited. We are adding text to the 
prohibitions section to improve consistency and clarity of the 
regulations.

Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the 
NMFS Assistant Administrator has made a preliminary determination that 
this proposed rule is consistent with the Northeast Multispecies FMP, 
other provisions of the Magnuson-Stevens Act, and other applicable law, 
subject to further consideration after public comment.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order (E.O.) 12866. Thus, this rule is not an 
E.O. 13771 regulatory action because this rule is not significant under 
E.O. 12866.
    An initial regulatory flexibility analysis (IRFA) was prepared, as 
required by section 603 of the Regulatory Flexibility Act (RFA). The 
IRFA describes the economic impact this proposed rule, if adopted, 
would have on small entities, and also determines ways to minimize 
these impacts. The IRFA incorporates sections

[[Page 12555]]

of the preamble (SUPPLEMENTARY INFORMATION) and analyses supporting 
this rulemaking, including the Framework Adjustment 57 EA and the draft 
supplemental EA to Framework 57. A summary of the analysis follows (see 
ADDRESSES).

Description of the Reasons Why Action by the Agency Is Being Considered

    Because the recreational measures currently in place for GOM cod 
and haddock are not expected to constrain fishing year 2018 catch to 
the cod sub-ACL, this action proposes new measures, as required by the 
FMP, to ensure that the previously established sub-ACL is not exceeded. 
This action also proposes new recreational measures for Georges Bank 
cod. These measures have been designed to achieve the catch target set 
in Framework 57.

Statement of the Objectives of, and Legal Basis for, This Proposed Rule

    The FMP allows the Regional Administrator, in consultation with the 
Council, to modify the GOM recreational management measures for the 
upcoming fishing year to ensure that the sub-ACL is achieved, but not 
exceeded. The provisions authorizing this action can be found in Sec.  
648.89(f)(3) of the FMP's implementing regulations. One of the intended 
effects of this action is to reduce recreational catch of GOM cod. This 
action is necessary to ensure that the fishing year 2018 recreational 
GOM cod catch limit is not exceeded.
    Framework 57, a concurrent action, proposes to give the Regional 
Administrator authority to change the Georges Bank cod recreational 
management measures for fishing years 2018 and 2019. Framework 57 also 
proposed a catch target of 138 mt. Limiting catch to this target amount 
is expected to help ensure that the overall ACL for this stock is not 
exceeded. Management measures proposed in this action are designed to 
achieve, but not exceed this target.

Description and Estimate of the Number of Small Entities to Which This 
Proposed Rule Would Apply

    The Small Business Administration (SBA) defines a small commercial 
finfishing or shellfishing business (NAICS code 11411) as a firm with 
annual receipts (gross revenue) of up to $11.0 million for Regulatory 
Flexibility Act compliance purposes only. A small for-hire recreational 
fishing business is defined as a firm with receipts of up to $7.5 
million (NAICS code 487210). Having different size standards for 
different types of fishing activities creates difficulties in 
categorizing businesses that participate in multiple fishing related 
activities. For purposes of this assessment, business entities have 
been classified into the SBA-defined categories based on which activity 
produced the highest percentage of average annual gross revenues from 
2014-2016. This is the most recent 3-year period for which data are 
available. Ownership data in the Northeast permit database identify all 
individuals who own fishing vessels. Using this information, vessels 
can be grouped together according to common owners. The resulting 
groupings were treated as a fishing business for purposes of this 
analysis. Revenues summed across all vessels in a group and the 
activities that generate those revenues form the basis for determining 
whether the entity is a large or small business.
    The proposed regulations include closed seasons in addition to 
possession limits and size limits. For purposes of this analysis, it is 
assumed that all three types of recreational fishing restrictions may 
directly affect for-hire businesses. According to the FMP, it is 
unlawful for the owner or operator of a charter or party boat issued a 
valid multispecies permit, when the boat is carrying passengers for 
hire, to:
     Possess cod or haddock in excess of the possession limits.
     Fish with gear in violation of the regulations.
     Fail to comply with the applicable restrictions if 
transiting the GOM Regulated Mesh Area with cod or haddock on board 
that was caught outside the GOM Regulated Mesh Area.
    As the for-hire owner and operator can be prosecuted under the law 
for violations of the proposed regulations, for-hire business entities 
are considered directly affected in this analysis. Private recreational 
anglers are not considered ``entities'' under the RFA, and thus 
economic impacts on anglers are not discussed here.
    For-hire fishing businesses are required to obtain a Federal 
charter/party multispecies fishing permit in order to carry passengers 
to catch cod or haddock. Thus, the affected businesses entities of 
concern are businesses that hold Federal multispecies for-hire fishing 
permits. While all business entities that hold for-hire permits could 
be affected by changes in recreational fishing restrictions, not all 
businesses that hold for-hire permits actively participate in a given 
year. The regulations affect the group of business entities who 
actively participate, i.e., land fish. Latent fishing power (in the 
form of unfished permits) has the potential to alter the impacts on a 
fishery. However, it is not possible to predict how many of these 
latent business entities will or will not participate in this fishery 
in fishing year 2018.
    The Northeast Federal landings database (i.e., vessel trip report 
data) indicates that a total of 661 vessels held a multispecies for-
hire fishing permit in 2016. This is the most recent full year of 
available data. Of the 661 for-hire permitted vessels, only 164 
actively participated in the for-hire Atlantic cod and haddock fishery 
in fishing year 2016 (i.e., reported catch of cod or haddock).
    Using vessel ownership information developed from Northeast Federal 
permit data and Northeast vessel trip report data, it was determined 
that the 164 actively participating for-hire vessels are owned by 151 
unique fishing business entities. The vast majority of the 151 fishing 
businesses were solely engaged in for-hire fishing, but some also 
earned revenue from shellfish and/or finfish fishing. For all but 23 of 
these fishing businesses, the revenue from for-hire fishing was greater 
than the revenue from shellfishing and the revenue from finfish 
fishing.
    According to the SBA size standards, small for-hire businesses are 
defined as firms with annual receipts of up to $7.5 million. Small 
commercial finfishing or shellfishing businesses are defined as firms 
with annual receipts (gross revenue) of up to $11.0 million. Average 
annual gross revenue estimates calculated from the most recent 3 years 
(2014-2016) indicate that none of the 151 fishing business entities had 
annual receipts of more than $2.8 million from all of their fishing 
activities (for-hire, shellfish, and finfish). Therefore, all of the 
affected fishing business entities are considered ``small'' based on 
the SBA size standards. As a result, this action would not 
disproportionately affect small versus large for-hire business 
entities.

Description of the Projected Reporting, Record-Keeping, and Other 
Compliance Requirements of This Proposed Rule

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

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

    The proposed action does not duplicate, overlap, or conflict with 
other Federal rules.

[[Page 12556]]

Description of Significant Alternatives to the Proposed Action Which 
Accomplish the Stated Objectives of Applicable Statutes and Which 
Minimize Any Significant Economic Impact on Small Entities

    There are three options that were presented to the Council 
[(Framework 57 EA and draft Supplemental EA, see ADDRESSES) that would 
accomplish the objectives, but are not being proposed. Options 5 and 6 
were only discussed by the Council, and while they would achieve the 
objective, were not selected. The options presented, but not proposed, 
were rejected either because they did not achieve the required cod sub-
ACL, or they had significant negative impacts on the for-hire fleet 
(e.g., Option 2, a May closure). The options proposed in this action 
minimize, to the extent practical, the impact on small entities.

Table 4--Projected Fishing Year 2018 Recreational Cod and Haddock Catch 
Under Alternative Measures

[[Page 12557]]

[GRAPHIC] [TIFF OMITTED] TP22MR18.009


[[Page 12558]]



List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

    Dated: March 16, 2018
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 
proposed to be amended as follows:

PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES

0
1. The authority citation for part 648 continues to read as follows:

    Authority:  16 U.S.C. 1801 et seq.

0
2. In Sec.  648.14, add paragraphs (k)(16)(viii) and (ix) to read as 
follows:


Sec.  648.14  Recreational and charter/party vessel restrictions.

    (k) * * *
    (16) * * *
    (viii) Ocean pout. If fishing under the recreational or charter/
party regulations, possess ocean pout.
    (ix) Windowpane flounder. If fishing under the recreational or 
charter/party regulations, possess windowpane flounder.
* * * * *
0
3. In Sec.  648.89, revise paragraphs (b) and (c) to read as follows:


Sec.  648.89  Recreational and charter/party vessel restrictions.

    (b) Recreational minimum fish sizes--(1) Minimum fish sizes. Unless 
further restricted under this section, persons aboard charter or party 
boats permitted under this part and not fishing under the NE 
multispecies DAS program or under the restrictions and conditions of an 
approved sector operations plan, and private recreational fishing 
vessels in or possessing fish from the EEZ, may not possess fish 
smaller than the minimum fish sizes, measured in total length, as 
follows:

------------------------------------------------------------------------
                                                   Minimum size
                 Species                 -------------------------------
                                              Inches            cm
------------------------------------------------------------------------
Cod:
    Inside GOM Regulated Mesh Area \1\..              24            61.0
    Outside GOM Regulated Mesh Area \1\.              24            61.0
Haddock:
    Inside GOM Regulated Mesh Area \1\..              17            43.2
Outside GOM Regulated Mesh Area \1\.....              18            45.7
Pollock.................................              19            48.3
Witch Flounder (gray sole)..............              14            35.6
Yellowtail Flounder.....................              13            33.0
American Plaice (dab)...................              14            35.6
Atlantic Halibut........................              41           104.1
Winter Flounder (black back)............              12            30.5
Redfish.................................               9            22.9
------------------------------------------------------------------------
\1\ GOM Regulated Mesh Area specified in Sec.   648.80(a).

    (2) Exceptions--(i) Fillet size. Vessels may possess fillets less 
than the minimum size specified, if the fillets are taken from legal-
sized fish and are not offered or intended for sale, trade or barter.
    (ii) Transiting. Vessels in possession of cod or haddock caught 
outside the GOM Regulated Mesh Area specified in Sec.  648.80(a)(1) may 
transit this area with cod and haddock that meet the minimum size 
specified for fish caught outside the GOM Regulated Mesh Area specified 
in Sec.  648.80(b)(1), provided all bait and hooks are removed from 
fishing rods, and any cod and haddock on board has been gutted and 
stored.
    (3) Fish fillets, or parts of fish, must have at least 2 square 
inches (5.1 square cm) of skin on while possessed on board a vessel and 
at the time of landing in order to meet minimum size requirements. The 
skin must be contiguous and must allow ready identification of the fish 
species.
    (c) Possession Restrictions--(1) Private recreational vessels. 
Persons aboard private recreational fishing vessels in or possessing 
fish from the EEZ, during the open season listed in the column titled 
``Open Season'' in Table 1 to paragraph (c), may not possess more fish 
than the amount listed in the column titled ``Possession Limit'' in 
Table 1 to paragraph (c).
    (i) Closed season. Persons aboard private recreational fishing 
vessels may not possess species, as specified in the column titled 
``Species'' in Table 1 to paragraph (c), in or from the EEZ during that 
species closed season as specified in the column titled ``Closed 
Season'' in Table 1 to paragraph (c).

                                            Table 1 to Paragraph (c)
----------------------------------------------------------------------------------------------------------------
            Species                  Open season        Possession limit                Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod.........................  All Year..........  10...................  N/A.
GOM Cod........................  CLOSED............  No retention.........  All Year.
GB Haddock.....................  All Year..........  Unlimited............  N/A.
GOM Haddock....................  June 1-September    12...................  September 17-October 31; March 1-
                                  16; November 1-                            April 14; May 1-31.
                                  February 28 (or
                                  29); April 15-30.
GB Yellowtail Flounder.........  All Year..........  Unlimited............  N/A.
SNE/MA Yellowtail Flounder.....  All Year..........  Unlimited............  N/A.
CC/GOM Yellowtail Flounder.....  All Year..........  Unlimited............  N/A.
American Plaice................  All Year..........  Unlimited............  N/A.
Witch Flounder.................  All Year..........  Unlimited............  N/A.
GB Winter Flounder.............  All Year..........  Unlimited............  N/A.

[[Page 12559]]

 
GOM Winter Flounder............  All Year..........  Unlimited............  N/A.
SNE/MA Winter Flounder.........  All Year..........  Unlimited............  N/A.
Redfish........................  All Year..........  Unlimited............  N/A.
White Hake.....................  All Year..........  Unlimited............  N/A.
Pollock........................  All Year..........  Unlimited............  N/A.
N Windowpane Flounder..........  CLOSED............  No retention.........  All Year.
S Windowpane Flounder..........  CLOSED............  No retention.........  All Year.
Ocean Pout.....................  CLOSED............  No retention.........  All Year.
                                --------------------------------------------------------------------------------
Atlantic Halibut...............                                See paragraph (c)(3)
                                --------------------------------------------------------------------------------
Atlantic Wolffish..............  CLOSED............  No retention.........  All Year.
----------------------------------------------------------------------------------------------------------------

    (2) Charter or Party Boats. Persons aboard party or charter boats 
in or possessing fish from the EEZ, during the open season listed in 
the column titled ``Open Season'' in Table 2 to paragraph (c), may not 
possess more fish than the amount listed in the column titled 
``Possession Limit'' in Table 2 to paragraph (c).

                                            Table 2 to Paragraph (c)
----------------------------------------------------------------------------------------------------------------
            Species                  Open season        Possession limit                Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod.........................  All Year..........  10...................  N/A.
GOM Cod........................  CLOSED............  No retention.........  All Year.
GB Haddock.....................  All Year..........  Unlimited............  N/A.
GOM Haddock....................  May 1-September     10...................  September 17-October 31; March 1-
                                  16; November 1-                            April 14.
                                  February 28 (or
                                  29); April 15-30.
GB Yellowtail Flounder.........  All Year..........  Unlimited............  N/A.
SNE/MA Yellowtail Flounder.....  All Year..........  Unlimited............  N/A.
CC/GOM Yellowtail Flounder.....  All Year..........  Unlimited............  N/A.
American Plaice................  All Year..........  Unlimited............  N/A.
Witch Flounder.................  All Year..........  Unlimited............  N/A.
GB Winter Flounder.............  All Year..........  Unlimited............  N/A.
GOM Winter Flounder............  All Year..........  Unlimited............  N/A.
SNE/MA Winter Flounder.........  All Year..........  Unlimited............  N/A.
Redfish........................  All Year..........  Unlimited............  N/A.
White Hake.....................  All Year..........  Unlimited............  N/A.
Pollock........................  All Year..........  Unlimited............  N/A.
N Windowpane Flounder..........  CLOSED............  No retention.........  All Year.
S Windowpane Flounder..........  CLOSED............  No retention.........  All Year.
Ocean Pout.....................  CLOSED............  No retention.........  All Year.
                                --------------------------------------------------------------------------------
Atlantic Halibut...............                                See Paragraph (c)(3)
                                --------------------------------------------------------------------------------
Atlantic Wolffish..............  CLOSED............  No retention.........  All Year.
----------------------------------------------------------------------------------------------------------------

    (3) Atlantic halibut. Vessels permitted under this part, and 
recreational fishing vessels fishing in the EEZ, may not possess more 
than one Atlantic halibut on board the vessel.
    (4) Accounting of daily trip limit. For the purposes of determining 
the per day trip limit for cod and haddock for private recreational 
fishing vessels and charter or party boats, any trip in excess of 15 
hours and covering 2 consecutive calendar days will be considered more 
than 1 day. Similarly, any trip in excess of 39 hours and covering 3 
consecutive calendar days will be considered more than 2 days and, so 
on, in a similar fashion.
    (5) Fillet conversion. For purposes of counting fish for cod and 
haddock for private recreational fishing vessels and charter or party 
boats, if fish are filleted, fillets will be converted to whole fish by 
dividing the number of fillets by two. If fish are filleted into a 
single (butterfly) fillet, such fillet shall be deemed to be from one 
whole fish.
    (6) Application of possession limit. Cod and haddock harvested by 
recreational fishing vessels in or from the EEZ with more than one 
person aboard may be pooled in one or more containers. If cod or 
haddock have been pooled into one or more containers, compliance with 
the possession limit will be determined by dividing the number of fish 
on board by the number of persons on board. If there is a violation of 
the possession limit on board a vessel carrying more than one person, 
the violation shall be deemed to have been committed by the owner or 
operator of the vessel.
    (7) Storage. Cod and haddock must be stored so as to be readily 
available for inspection.
* * * * *
[FR Doc. 2018-05811 Filed 3-21-18; 8:45 am]
BILLING CODE 3510-22-P