[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Rules and Regulations]
[Pages 32649-32656]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14583]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 648
[Docket No. 190214116-9516-02]
RIN 0648-BI69
Fisheries of the Northeastern United States; Northeast
Multispecies Fishery; Fishing Year 2019 Recreational Management
Measures
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action adjusts fishing year 2019 recreational management
measures for Gulf of Maine cod and haddock and Georges Bank cod. This
action is necessary to respond to updated scientific information and to
achieve the goals and objectives of the Northeast Multispecies Fishery
Management Plan. The intended effect of this action is to achieve, but
not exceed, the fishing year 2019 recreational catch limits.
DATES: Effective July 5, 2019.
ADDRESSES: Analyses supporting this rulemaking include the
environmental assessment for Framework Adjustment 57 to the Northeast
Multispecies Fishery Management Plan that the New England Fishery
Management Council prepared. Copies of this analysis 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.
FOR FURTHER INFORMATION CONTACT: Emily Keiley, Fishery Management
Specialist, phone: 978-281-9116; email: [email protected].
SUPPLEMENTARY INFORMATION:
[[Page 32650]]
Table of Contents
1. Gulf of Maine Recreational Management Measures for Fishing Year
2019
2. Georges Bank Cod Recreational Management Measures for Fishing
Year 2019
3. Comments and Responses
1. Gulf of Maine Recreational Management Measures for Fishing Year 2019
Background
The recreational fishery for Gulf of Maine (GOM) cod and haddock is
managed under the Northeast Multispecies Fishery Management Plan (FMP).
The multispecies groundfish fishery opens on May 1 each year and runs
through April 30 of the following calendar year. The FMP sets
recreational sub-annual catch limits (sub-ACL) for GOM cod and haddock
for each fishing year. These sub-ACLs are a fixed proportion of the
overall catch limit for each stock. The FMP also includes proactive
recreational accountability measures (AM) to prevent the recreational
sub-ACLs from being exceeded and reactive AMs to correct the cause or
mitigate the effects of an overage if one occurs.
The proactive AM provision in the FMP requires the Regional
Administrator, in consultation with the New England Fishery Management
Council, to develop recreational management measures for the upcoming
fishing year to ensure that the recreational sub-ACL is achieved, but
not exceeded. The provisions authorizing this action can be found in 50
CFR 648.89(f)(3) of the Northeast Multispecies FMP's implementing
regulations.
According to the most recent stock assessments, conducted in 2017,
the GOM cod and haddock stocks are increasing, although cod remains
overfished and subject to a rebuilding plan. Framework Adjustment 57
(83 FR 18985; May 1, 2018) set 2018 and 2019 ACLs and sub-ACLs based on
the 2017 stock assessments. Framework 58, a pending action, does not
adjust the fishing year 2019 recreational sub-ACLs for GOM cod or
haddock, and the 2019 sub-ACLs remain at the same level as in 2018. The
2019 recreational sub-ACL for GOM cod is 220 mt, the 2019 recreational
sub-ACL for GOM haddock is 3,358 mt. Recreational catch and effort data
are estimated by the Marine Recreational Information Program (MRIP).
Preliminary estimates of GOM cod and haddock catch for fishing year
2018 indicate that the recreational fishery did not achieve the 2018
sub-ACL of either stock. The development of the proposed measures was
detailed in the proposed rule, and that discussion is not repeated here
(84 FR 20609; May 10, 2019; also see the correction of one number in
table 2 on page 20610 of the proposed rule at 84 FR 22104; May 16,
2019).
The Groundfish Committee and Executive Committee on behalf of the
Council recommended more conservative measures than the Recreational
Advisory Panel (RAP), while still allowing a limited directed cod
fishery (Table 1). We proposed the Council's recommended measures: For
GOM cod, two 2-week open seasons (September 15-30 and April 15-30), 1
fish per person per day, with a minimum size of 21 inches (53.3 cm);
and for GOM haddock, an increase in the possession limit from 12 to 15
fish per person per day, opening the fall closure, resulting in open
seasons of May 1-February 28/29 and April 15-30, and a 17-inch (43.2-
cm) minimum size. However, for the reasons described below, we are not
implementing the April 15-30 cod open season.
Fishing Year 2019 Gulf of Maine Cod and Haddock Recreational Management
Measures
In light of the comments we received on the proposed rule, the
degree of uncertainty in the model's projections (as described in the
proposed rule), condition of the GOM cod stock, and recent history of
recreational management performance, we have determined that we cannot
approve the GOM cod measures as proposed. For GOM cod, we are
implementing more conservative measures than recommended by the
Council, to better account for uncertainty in the bioeconomic model's
predictions, minimize impacts on cod spawning, and reduce the chance of
the recreational fishery exceeding its GOM cod sub-ACL. We proposed the
Council's recommendation of two 2-week open seasons for GOM cod, April
15-30 and September 15-30. However, the majority of public comments
were not in favor of the proposed open seasons for GOM cod. We received
public comments opposed to the April open season due to the potential
adverse impacts on spawning cod relative to the limited opportunity to
catch cod during only two weeks in the spring. In addition, April 15-30
is the same timing as the Massachusetts Bay Spring Spawning Closure for
commercial groundfish vessels, which was implemented to protect
spawning cod. We reconsidered the April open season for GOM cod in the
proposed rule in response to comments that highlighted the potential
risk of this open season relative to the limited benefits to anglers.
Additionally, comments were received on the poor status of the GOM cod
stock, inadequate rebuilding progress, and recent history of
significant recreational overages. Overall, these comments revealed
that the risks of opening this season outweighed perceived potential
benefits to a degree that required reconsidering its suitability.
Considering these comments, coupled with the significant uncertainty in
the projected catch estimates, we are only approving the September 15-
30 open season for GOM cod, a time when cod spawning is not known to
occur. This open season will enable recreational anglers from all
adjacent states to access the GOM cod stock, while minimizing the risk
of exceeding the GOM cod sub-ACL. During this season, anglers will be
able to retain one fish per person per day, with a minimum size of 21
inches.
In this final rule, we are approving the GOM haddock measures as
proposed. This final rule increases the possession limit from 12 to 15
fish per person per day. We are also removing the current fall
(September 17-October 31) GOM haddock closure. The GOM haddock minimum
size will remain 17 inches (43.2 cm). These measures are intended to
increase access to the healthy GOM haddock stock. Although we expect
interactions with cod to increase with the new open season, the model
projects a minimal increase in cod catch, resulting in total cod
removals less than the GOM cod sub-ACL. The resulting increase in GOM
cod catch, due to the new haddock measures, is one of the factors we
considered when deciding what measures would be appropriate for GOM
cod. We are implementing more conservative directed cod measures to
minimize the probability that the GOM cod sub-ACL is exceeded.
[[Page 32651]]
Table 1--Final 2019 Recreational Management Measures for GOM Cod and Haddock
----------------------------------------------------------------------------------------------------------------
GOM haddock GOM cod
----------------------------------------------------------------------------------------------------------------
Bag limit Minimum size Open season Bag limit Minimum size Open season
----------------------------------------------------------------------------------------------------------------
15.......................... 17'' (43.2 cm). May 1-Feb 28; 1 21'' (53.3 cm). Sept 15-30.
Apr 15-Apr 30.
----------------------------------------------------------------------------------------------------------------
2. Georges Bank Cod Recreational Management Measures for Fishing Year
2018
Background
As part of Framework 57, the Council provided the Regional
Administrator authority to adjust the Georges Bank (GB) cod
recreational management measures for fishing years 2018 and 2019.
Unlike GOM cod and haddock, there is no recreational sub-ACL for GB cod
and no accountability measures for the recreational fishery when an
overage occurs. The Council did not consider a recreational sub-ACL in
Framework 57 but did recommend a catch target of 138 mt for us to use
when considering adjustments to GB cod measures. The catch target was
based on the most recent 5-year (calendar years 2012-2016) average
recreational catch. The Council expects that measures designed to
achieve this target amount for the recreational fishery will help the
overall fishery attain, but not exceed, its overall ACL. To avoid using
potentially anomalous results from the highly variable MRIP catch
estimates for GB cod, we used a 3-year average catch estimate to better
represent long-term trends. We then compared that catch estimate with
the catch target to determine if adjustments to the management measures
were needed. This year, the Council asked that we consider alternative
methods to evaluate GB cod catch and examine management needs. Even if
the preliminary catch estimate for 2018 was zero, the 3-year average
would still be greater than the catch target of 138 mt due to an
extremely high 2016 catch estimate.
2019 Georges Bank Cod Management Measures
Catch of GB cod was substantially less in 2017 (53 mt) compared to
2016 (477 mt). Preliminary estimates of 2018 catch (57 mt) are similar
to 2017, indicating that estimated 2016 catch may have been an anomaly.
Given that 2017 and 2018 catch levels are low compared to the catch
target, the Groundfish Committee and Council recommended liberalizing
management measures for GB cod, reducing the minimum size from 23
inches to 21 inches (58.4 to 53.3 cm). The RAP proposed a lower minimum
size of 19 inches (48.3 cm). We proposed the Council's recommendations
for GB cod. A 21-inch (53.3-cm) minimum fish size is consistent with
the minimum size for GOM cod and is expected to increase catch by
approximately 20 percent (based on size frequencies of 2018 catch).
Decreasing the minimum size will allow anglers to retain some fish they
would have caught and then discarded. The estimated increase in catch
would still result in catch lower than the catch target, if effort in
2019 is similar to 2017 and 2018. Given the variability and uncertainty
in the GB cod MRIP estimates, a precautionary approach to revising
measures is warranted to ensure that the catch target and ACL are not
exceeded. In addition, having consistent minimum sizes in Gulf of Maine
and Georges Bank is likely to increase compliance. We are approving the
GB cod measures as proposed.
Table 2--Final 2019 Recreational Management Measures for GB Cod
------------------------------------------------------------------------
Georges bank cod
-------------------------------------------------------------------------
Possession limit Minimum size Open season
------------------------------------------------------------------------
10.............................. 21'' (53.3 cm).... All Year.
------------------------------------------------------------------------
3. Comments and Responses
We received 29 comments on the proposed rule, from 27 members of
the public, the New York Recreational and For-Hire Fishing Alliance
(NYRFHA), and the Conservation Law Foundation (CLF). Two of these
comments were not relevant to this rulemaking and are not discussed
further. Three comments supported the proposed measures for GB cod, and
no comments were submitted in opposition of the proposed GB cod
measures. Twenty-six comments addressed the proposed GOM measures, and
some of these comments addressed both Gulf of Maine and Georges Bank
proposed measures. Four individuals and the NYRFHA supported the
proposed measured for GOM cod and haddock, the remaining 21 comments
did not support the proposed measures for GOM cod, and six did not
support some or all of the proposed changes to the GOM haddock
measures.
Gulf of Maine Cod Management Measures
Comment 1: Eleven individuals did not support the proposed measures
for GOM cod, and suggested more liberal cod measures for recreational
anglers. The majority of these individuals suggested that we allow
year-round possession of one or more cod. One commenter suggested that
a larger size limit might enable us to open a longer season. The
remaining comments suggested that we extend and shift the open season
to encompass the summer months (June, July, and August). Many of these
commenters also noted that the open seasons proposed would have limited
benefit for private recreational anglers due to the timing (early
spring and late fall) when many people do not have their boats in the
water and conditions are less favorable.
Response: The recreational fishery has exceeded its GOM cod sub-ACL
in four of the last six years. These overages have contributed to two
overages of the total ACL and ABC. GOM cod is overfished and subject to
a rebuilding plan; overfishing is also occurring. The GOM cod stock
shows a truncated size and age structure, consistent with a population
experiencing high mortality. Additionally, there are no positive signs
of incoming recruitment, continued low survey indices, and the current
spatial distribution of the stock is considerably less than its
historical range within the Gulf of Maine.
The most recent GOM cod assessment, which was conducted in 2017,
suggests that the stock is increasing, but remains at a low level. If
this increasing trend continues, we expect additional stock rebuilding
to provide increased opportunities for recreational and commercial
fishermen in the future. We will evaluate recreational measures again
before the 2020 fishing year and make any necessary adjustments.
However, for fishing year 2019, we could not liberalize cod measures
more than what we are implementing. We are implementing more
conservative measures than proposed due to comments that highlighted
concerns about impacts on GOM cod spawning. Additional information on
this change
[[Page 32652]]
is provided in the response to Comment 3, below.
Using the bioeconomic model, we analyzed a wide variety of minimum
fish sizes, seasons and possession limits for GOM cod and haddock. The
goal of the model is to maximize opportunities while maintaining catch
within the sub-ACLs. While it is difficult to predict the performance
of recreational measures, the bioeconomic model has underestimated
recreational catch historically. We evaluated approximately 100
different combinations of seasons, minimum sizes, and possession limits
for GOM cod and haddock. Model runs that included cod access during the
summer generally resulted in projected catch over the GOM cod
recreational sub-ACL.
While the bioeconomic model suggests that management measures more
liberal than what we are implementing would result in cod catch less
than the 220-mt sub-ACL, the uncertainty associated with those
projections is high. The bioeconomic model attempts to describe the
impact that directed haddock fishing has on cod mortality in the Gulf
of Maine, as the two stocks are often found together. The model
demonstrates that proposed measures for haddock are likely to increase
cod interactions, and therefore, mortality. The degree to which the new
haddock measures will affect cod mortality is highly uncertain because
the model is predicting behavior in months that were previously closed.
Other significant sources of uncertainty have been described in the
preamble of the proposed rule (84 FR 20609), and are not repeated here.
Given these uncertainties, the status of the GOM cod stock, and the
recent recreational overages, we are unable to liberalize GOM cod
recreational management measures to the extent requested by these
commenters.
We are supporting a variety of cooperative research efforts to
improve our understanding of recreational fisheries so that we can
increase fishing opportunities while we continue to rebuild the cod
stock. Current examples include an evaluation of discard mortality, a
cod bycatch avoidance program, and a study of different tackle and its
impact on catch rates.
Comment 2: One individual commented specifically in support of the
RAP's proposed GOM management measures, stating that the Center's
bioeconomic model showed that these options would not result in the
recreational fishery exceeding its sub-ACL for GOM cod.
Response: We disagree. As stated during the RAP meeting and
described in the proposed rule, there is a significant amount of
uncertainty, more so than in previous years, in the bioeconomic model's
predictions. For this reason, coupled with the recent recreational sub-
ACL overages of GOM cod, and the overall status of the stock, we
cautioned the RAP that their recommendations, without additional
justification, would likely not be approvable. The Groundfish Committee
and Council's recommended measures were intended to balance the need to
take a precautionary approach and the recreational communities'
interest in gaining access to the GOM cod fishery.
Comment 3: Five individuals were not supportive of the proposed
measures for GOM cod, specifically the timing of the proposed April 15-
30 opening. These concerns were based on the timing of the opening
relative to cod spawning.
Response: We agree, and we are not approving the April 15-30
opening for GOM cod. We reconsidered the April open season for GOM cod
in the proposed rule in response to these comments that highlighted the
potential risk of this open season relative to the limited benefits to
anglers. Historically, the month of April has been an important time
for cod spawning in the Gulf of Maine. The Omnibus Essential Fish
Habitat Amendment 2 included the Spring Massachusetts Bay Spawning
Protection area, which is closed from April 15-30 to protect spawning
cod. Private recreational anglers may fish in the closure, and charter/
party vessels may obtain a Letter of Authorization for access.
Commenters noted that opening a directed cod fishery during this same
period might have concentrated effort in this near-shore area, during a
time that overlaps with cod spawning. The risk of promoting fishing
during a spawning season outweighs the potential benefits that may have
been realized from opening a short two-week season very early in the
season. While recreational anglers are permitted to target haddock and
other groundfish species, we agree with the commenters that opening a
directed GOM cod fishery during this time would be contrary to our
efforts to reduce impacts on spawning cod.
Comment 4: Three individuals, including a kayaking cod fisherman,
were concerned that the timing of the proposed GOM cod seasons coupled
with the short duration would create safety issues for recreational
anglers. One commenter stated that the short seasons would ``create an
effort run,'' and that limiting the opportunities to target cod would
concentrate effort during these times ``reducing the safety for those
at sea.'' Other individuals referenced the poor conditions during the
early spring and late fall, and how this would be limiting or dangerous
for private recreational anglers.
Response: We agree that fishing for cod from a kayak in Federal
waters of the Gulf of Maine, during the early spring and late fall, is
not safe and that you may need a bigger boat. Conditions during the
spring and fall in the Gulf of Maine are variable, and may
significantly affect the amount of effort that occurs during these
seasons. We recognized that the proposed timing would have limited
opportunities for many anglers to participate in the GOM cod fishery.
The timing was selected because effort is generally less during these
times, resulting in less potential catch of GOM cod and less risk of an
overage of the recreational GOM cod sub-ACL. We are not approving the
April GOM cod open season, as discussed in the responses to Comments 1
and 3, above.
Comment 5: One individual stated that we assume a 100-percent
discard mortality rate for GOM cod. This statement was used to support
an argument that converting these dead discards to landings would not
increase mortality on the GOM cod stock.
Response: The assumed discard mortality rate for GOM cod is 15
percent. Despite the assumed 15 percent mortality rate, cod bycatch in
the directed GOM haddock fishery has resulted in cod catch greater than
the recreational sub-ACL in four of the last six years. Additionally,
allowing possession of cod will likely result in behavioral changes
because anglers are likely to target cod, which may lead to an overall
increase in catch.
Comment 6: Ten individuals did not support the proposed measures
for GOM cod, and suggested that we keep the recreational GOM cod
fishery closed. The rationale supporting this varied. Seven individuals
felt that the GOM cod stock is in poor condition and targeted fishing
should be prohibited. Three individuals commented that the two 2-week
openings would have limited benefit to the recreational fishery and if
that is all the resource can support, we should not bother opening it
at all. Several individuals were concerned about the ability to enforce
these short seasons, and accurately collect data on the catch during
these time periods.
Response: As stated in our response to Comment 1, we agree that the
GOM cod stock is in poor condition and a conservative approach to its
management is warranted. We are not opening the April season for GOM
cod as proposed. We are opening a 2-week season in September to enable
limited recreational access to the GOM cod
[[Page 32653]]
stock. 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. While we agree a precautionary approach is necessary, we
are approving measures that, according to the model, have a high
probability of resulting catch less than the GOM cod sub-ACL. Leading
up to fishing year 2020, we will have data from MRIP, as well as
updated stock assessments incorporating revised MRIP estimates that
will allow us to re-evaluate catch and effort from the 2019 fishing
year, as well as the status of the GOM cod stock. If adjustments are
necessary to ensure recreational catch does not exceed the recreational
sub-ACL, they will be made in the 2020 recreational rule in
consultation with the Council.
Comment 7: Five individuals questioned the data on GOM cod,
specifically that the biomass of the GOM cod stock is low. Overall,
these anglers cited their recent experiences catching numerous cod
while fishing in the Gulf of Maine. One fishermen asked ``Where are you
finding this d[e]arth of cod??'' These commenters felt that
recreational measures should be liberalized because there are actually
more cod available than indicated by the stock assessment.
Response: It is important to us that the public has confidence in
the data we must rely on to manage the fishery. The significant
uncertainty and variability of the data is something we consider when
we utilize the best available science to inform our decisions. The most
recent assessment of GOM cod suggests that the stock is increasing, but
remains at a low level. If this trend continues, we expect additional
stock rebuilding to provide increased opportunities for recreational
and commercial fishermen in the future. The GOM cod stock assessment is
scheduled to be updated this fall. This update will incorporate
significant MRIP data updates. MRIP catch and effort estimates (1981-
2017) based on the Coastal Household Telephone Survey (CHTS) were
transitioned to the new, mail-based Fishing Effort Survey (FES).
However, the most recently available stock assessments and sub-ACLs
were based on the CHTS estimates. Evaluation of catch and development
of management measures will continue to use data in the CHTS-equivalent
until new assessments are conducted for these two stocks using FES
information. That means, for fishing year 2018, FES data had to be
converted back into CHTS values. The introduction of another model
(back-calibration from CHTS to FES) and the associated assumptions adds
a new layer of uncertainty. We will evaluate recreational measures
again before the 2020 fishing year to make any necessary adjustments.
Comment 8: Two individuals commented specifically on the proposed
September opening for GOM cod. These comments stated that the timing of
this opening is not ideal, with respect to water and air temperature
and the impact this has on discard mortality. They suggested that the
opening should have been timed when the air and water temperature are
highest to maximize the impact of converting dead discards into
landings.
Response: The assumed discard rate for recreationally caught GOM
cod is 15 percent. This rate does not vary between seasons, unlike the
GOM haddock discard rate. Additional research is needed to enable us to
factor in seasonally specific discard rates to the calculation of
mortality and ultimately the application to management decisions.
Comment 9: Six individuals commented on the disparity between
commercial and recreational access to the GOM cod stock. Specifically,
they stated that commercial fishermen continue to fish for GOM cod,
while recreational anglers have been prohibited from retaining them.
Response: We recognize the perceived discrepancy because the
recreational fishery has not been able to target GOM cod in recent
years, and in 2019, only a limited directed season will be opened. Each
year, we are required to set recreational management measures designed
to achieve, but not exceed, the recreational sub-ACLs. Framework 57
sets the 2019 ACLs based on updated 2017 assessments. The recreational
sub-ACLs are based on a fixed percentage of the total catch limit.
Management measures are set for the recreational and commercial fishery
to achieve their respective sub-ACLs. While directed recreational
fishing for GOM cod has been limited, the recreational fishery has
still exceeded its sub-ACL for GOM cod. Although the assumed discard
mortality rate for GOM cod is only 15 percent, the mortality associated
with cod bycatch in the directed GOM haddock fishery has resulted in
cod catch greater than the recreational sub-ACL in four of the last six
years.
Comment 10: Four individuals and the NYRFHFA supported the proposed
measures for GOM cod as proposed.
Response: We are partially approving the GOM cod measures we
proposed. The rationale for keeping the April season closed for cod has
been included in response to Comment 3, and not repeated here.
Gulf of Maine Haddock Management Measures
Comment 11: Six individuals did not support an increase to the
haddock possession limit from 12 to 15 fish. These individuals were
concerned about the potential impacts to the haddock stock, and several
stated that even with the 12-fish limit, they were not ``limiting out''
during trips.
Response: The RAP, Groundfish Committee, and Council recommended an
increase in the haddock possession limit from 12 to 15 fish per person
per day. We proposed and are implementing the increased 15-fish
possession limit. The GOM haddock stock is not overfished, and
overfishing is not occurring. The most recent stock assessment for GOM
haddock, conducted in 2017, concluded that spawning stock biomass in
2016 was estimated to be 47,821 mt, which is 706 percent of the biomass
target. The bioeconomic model projects GOM haddock catch, even under
the most liberal recommendations would be significantly less than the
catch target. We are increasing the haddock possession limit to
increase catch of this healthy stock.
Comment 12: Three individuals stated that they did not support the
proposed size limit for GOM haddock. One individual stated that even
the current size limit (17 inches, 43.2 cm) does not allow fish to
reach maturity, and spawn, prior to being a legal-size fish to retain.
Response: When the proposed rule published, the Federal Register
made an error when transcribing one of the tables. In that table, the
proposed minimum size for GOM haddock was listed as 15 inches (38.1
cm). This was an error. We published a correction document (84 FR
22104) on May 16, 2019. We did not propose a reduction to the GOM
haddock minimum size, and it will remain unchanged at 17 inches (43.2
cm). Additionally, haddock begin to reproduce between the ages of 1 and
4 years old and at 10.5 to 11.7 inches (26.7 to 29.7 cm) long. The
selection of minimum size for both the commercial and recreational
fishery considers maturity at size and age.
Georges Bank Management Measures
Comment 13: Two individuals and the New York Recreational and For-
Hire Fishing Alliance supported the proposed GB cod measures. Two of
these comments came from for-hire businesses that operate in the
southernmost range of GB cod. They
[[Page 32654]]
stated that the cod they encounter is smaller than their northern
counterparts, and the current minimum size of 23 inches (58.4 cm),
implemented in fishing year 2018, disproportionally affected their
fishery.
Response: We have approved the GB cod recreational management
measures as proposed, reducing the minimum size from 23 to 21 inches
(58.4 to 53.3 cm). We were able to liberalize measures, as the reduced
minimum size is not expected to result in catch about the recreational
catch target. The reduced minimum size will also enable anglers to
retain some fish that they would have otherwise discarded.
Classification
The Regional Administrator, Greater Atlantic Region, NMFS,
determined that these measures are necessary for the conservation and
management of the Northeast multispecies fishery and that the measures
are consistent with the Magnuson-Stevens Fishery Conservation and
Management Act and other applicable laws.
Pursuant to 5 U.S.C. 553(d)(3), the Assistant Administrator for
Fisheries finds good cause to make this rule effective upon filing in
the Federal Register. This final rule liberalizes recreational
management measures for GB cod, GOM cod, and GOM haddock. Delaying the
effective date of this rule increases the likelihood that recreational
catch in the 2019 fishing year will not achieve the GB cod catch
target, or the GOM cod and haddock sub-ACLs. Thus, delaying
implementation of these measures would be contrary to the public
interest.
The Northeast multispecies fishing year begins on May 1 of each
year and continues through April 30 of the following calendar year.
Altering recreational management measures in-season negatively affects
business planning for the for-hire segment of the fishery, causes
confusion in the fishery, and may result is less compliance with the
regulations. Implementing these measures as soon as possible will
reduce the negative effects associated with in-season adjustments.
Because of the seasonal nature of the fishery, industry would
permanently forego the revenues associated with the increase in the
haddock bag limit if we further delayed implementation of this action.
Thus, delaying implementation of these measures would be contrary to
the public interest.
Recreational fishing participants are anticipating this action will
go into effect as soon as possible. They have participated in the
required Council process that has attempted to overcome delays caused
by the partial government shutdown with the intent of implementing
these measures as close to May 1 as possible to avoid further
disruption and adverse economic impacts from further delays. The
collection and processing of recreational data already creates a very
compressed period for development and consideration of options,
consulting with the Council, and completing proposed and final
rulemaking. MRIP data is collected on a calendar-year basis in 2-month
waves. Preliminary data from the summer and fall, when recreational
effort is significant, is not available until December, and analyses
are not ready until January at the earliest. In addition to the
compressed schedule during a typical year, the partial Federal
government shutdown significantly delayed the development, evaluation,
and implementation of recreational measures for GOM cod and haddock and
GB cod. We are required to consult with the Council before conducting
rulemaking to adjust recreational management measures for these
fisheries. In a typical year, this process begins in January when we
prepare potential management options and consult with the Council
including its Recreational Advisory Panel. We generally receive the
Council's final recommendation in early February, which allows us to
begin our rulemaking process. The partial shutdown disrupted this
schedule, and we did not receive the Council's recommendations until
early March. The Council made important accommodations to its process
in order to streamline the development of recommendations, but we are
still behind schedule relative to a typical year, and new management
measures were not in place for the May 1 start of the fishing year.
Further delaying the effectiveness of this action would be contrary to
the public interest.
For the reasons outlined, NMFS finds that there is good cause to
waive the requirement to provide a 30-day delay in implementation.
This final rule has been determined to be not significant for
purposes of Executive Order (E.O.) 12866.
This rule is not an E.O. 13771 regulatory action because this rule
is not significant under E.O. 12866.
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 was published in the
proposed rule and is not repeated here. No comments were received
regarding this certification. As a result, a regulatory flexibility
analysis was not required and none was prepared.
List of Subjects in 50 CFR Part 648
Fisheries, Fishing, Recordkeeping and reporting requirements.
Dated: July 3, 2019.
Alan D. Risenhoover,
Acting Deputy Assistant Administrator for Regulatory Programs, National
Marine Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 648 is amended
as follows:
PART 648--FISHERIES OF THE NORTHEASTERN UNITED STATES
0
1. The authority citation for part 648 continues to read as follows:
Authority: 16 U.S.C. 1801 et seq.
0
2. In Sec. 648.89, revise paragraphs (b)(1) and (c)(1) and (2) to read
as follows:
Sec. 648.89 Recreational and charter/party vessel restrictions.
* * * * *
(b) * * *
(1) Minimum fish sizes. Unless further restricted under this
section, persons aboard charter or party boats permitted under this
part and not fishing under the NE multispecies DAS program or under the
restrictions and conditions of an approved sector operations plan, and
private recreational fishing vessels may not possess fish in or from
the EEZ that are smaller than the minimum fish sizes, measured in total
length, as follows:
[[Page 32655]]
Table 1 to Paragraph (b)(1)
------------------------------------------------------------------------
Minimum size
Species -------------------------------
Inches cm
------------------------------------------------------------------------
Cod:
Inside GOM Regulated Mesh Area \1\.. 21 53.3
Outside GOM Regulated Mesh Area \1\. 21 53.3
Haddock:
Inside GOM Regulated Mesh Area \1\.. 17 43.2
Outside GOM Regulated Mesh Area \1\. 18 45.7
Pollock................................. 19 48.3
Witch Flounder (gray sole).............. 14 35.6
Yellowtail Flounder..................... 13 33.0
American Plaice (dab)................... 14 35.6
Atlantic Halibut........................ 41 104.1
Winter Flounder (black back)............ 12 30.5
Redfish................................. 9 22.9
------------------------------------------------------------------------
\1\ GOM Regulated Mesh Area specified in Sec. 648.80(a).
* * * * *
(c) * * *
(1) Private recreational vessels. Persons aboard private
recreational fishing vessels during the open season listed in the
column titled ``Open Season'' in Table 2 to this paragraph (c), may not
possess more fish in or from the EEZ than the amount listed in the
column titled ``Possession Limit'' in Table 2 to this paragraph (c).
(i) Closed season. Persons aboard private recreational fishing
vessels may not possess species, as specified in the column titled
``Species'' in Table 2 to this paragraph (c), in or from the EEZ during
that species closed season as specified in the column titled ``Closed
Season'' in Table 2 to this paragraph (c).
Table 2 to Paragraph (c)
----------------------------------------------------------------------------------------------------------------
Species Open season Possession limit Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod............................... All Year............... 10..................... N/A.
GOM Cod.............................. September 15-30........ 1...................... May 1-September 14;
October 1-April 30.
GB Haddock........................... All Year............... Unlimited.............. N/A.
GOM Haddock.......................... May 1-February 28 (or 15..................... March 1-April 14.
29); April 15-30.
GB Yellowtail Flounder............... All Year............... Unlimited.............. N/A.
SNE/MA Yellowtail Flounder........... All Year............... Unlimited.............. N/A.
CC/GOM Yellowtail Flounder........... All Year............... Unlimited.............. N/A.
American Plaice...................... All Year............... Unlimited.............. N/A.
Witch Flounder....................... All Year............... Unlimited.............. N/A.
GB Winter Flounder................... All Year............... Unlimited.............. N/A.
GOM Winter Flounder.................. All Year............... Unlimited.............. N/A.
SNE/MA Winter Flounder............... All Year............... Unlimited.............. N/A.
Redfish.............................. All Year............... Unlimited.............. N/A.
White Hake........................... All Year............... Unlimited.............. N/A.
Pollock.............................. All Year............... Unlimited.............. N/A.
N. Windowpane Flounder............... CLOSED................. No retention........... All Year.
S. Windowpane Flounder............... CLOSED................. No retention........... All Year.
Ocean Pout........................... CLOSED................. No retention........... All Year.
--------------------------------------------------------------------------
Atlantic Halibut..................... See paragraph (c)(3).
--------------------------------------------------------------------------
Atlantic Wolffish.................... CLOSED................. No retention........... All Year.
----------------------------------------------------------------------------------------------------------------
(ii) [Reserved]
(2) Charter or Party Boats. Persons aboard party or charter boats
during the open season listed in the column titled ``Open Season'' in
Table 3 to this paragraph (c), may not possess more fish in or from the
EEZ than the amount listed in the column titled ``Possession Limit'' in
Table 3 to this paragraph (c).
[[Page 32656]]
Table 3 to Paragraph (c)
----------------------------------------------------------------------------------------------------------------
Species Open season Possession limit Closed season
----------------------------------------------------------------------------------------------------------------
GB Cod............................... All Year............... 10..................... N/A.
GOM Cod.............................. September 15-30........ 1...................... May 1-September 14;
October 1-April 30.
GB Haddock........................... All Year............... Unlimited.............. N/A.
GOM Haddock.......................... May 1-February 28 (or 15..................... March 1-April 14.
29); April 15-30.
GB Yellowtail Flounder............... All Year............... Unlimited.............. N/A.
SNE/MA Yellowtail Flounder........... All Year............... Unlimited.............. N/A.
CC/GOM Yellowtail Flounder........... All Year............... Unlimited.............. N/A.
American Plaice...................... All Year............... Unlimited.............. N/A.
Witch Flounder....................... All Year............... Unlimited.............. N/A.
GB Winter Flounder................... All Year............... Unlimited.............. N/A.
GOM Winter Flounder.................. All Year............... Unlimited.............. N/A.
SNE/MA Winter Flounder............... All Year............... Unlimited.............. N/A.
Redfish.............................. All Year............... Unlimited.............. N/A.
White Hake........................... All Year............... Unlimited.............. N/A.
Pollock.............................. All Year............... Unlimited.............. N/A.
N. Windowpane Flounder............... CLOSED................. No retention........... All Year.
S. Windowpane Flounder............... CLOSED................. No retention........... All Year.
Ocean Pout........................... CLOSED................. No retention........... All Year.
Atlantic Halibut..................... See Paragraph (c)(3).
--------------------------------------------------------------------------
Atlantic Wolffish.................... CLOSED................. No retention........... All Year.
--------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * *
[FR Doc. 2019-14583 Filed 7-5-19; 8:45 am]
BILLING CODE 3510-22-P