[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]


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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.

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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
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                          GOM haddock                                                GOM cod
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          Bag limit             Minimum size     Open season       Bag limit      Minimum size     Open season
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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
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                            Georges bank cod
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        Possession limit             Minimum size         Open season
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10..............................  21'' (53.3 cm)....  All Year.
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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