[Federal Register Volume 87, Number 147 (Tuesday, August 2, 2022)]
[Proposed Rules]
[Pages 47177-47181]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-16137]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 220722-0161]
RIN 0648-BL40


Fisheries of the Northeastern United States; Northeast 
Multispecies Fishery; Fishing Year 2022 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: This rulemaking proposes fishing year 2022 recreational 
management measures for Gulf of Maine cod and haddock. The measures are 
intended to ensure the recreational fishery achieves, but does not 
exceed, fishing year 2022 catch limits.

DATES: Comments must be received on or before August 17, 2022.

ADDRESSES: You may submit comments on this document, identified by 
NOAA-NMFS-2022-0068, by either of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov 
and enter NOAA-NMFS-2022-0068 in the Search box. Click on the 
``Comment'' icon, complete the required fields, and enter or attach 
your comments.
    Instructions: Comments sent by any other method, to any other 
address or individual, or received after the end of the comment period, 
may not be considered by NMFS. All comments received are a part of the 
public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    To review Federal Register documents referenced in this proposed 
rule, you can visit: https://www.fisheries.noaa.gov/management-plan/northeast-multispecies-management-plan.

FOR FURTHER INFORMATION CONTACT: Kyle Molton, Fishery Management 
Specialist, (978) 281-9236.

SUPPLEMENTARY INFORMATION: 

Background

    The recreational fishery for Gulf of Maine (GOM) cod and GOM 
haddock is managed under the Northeast Multispecies Fishery Management 
Plan (FMP). The multispecies fishing year starts on May 1 and runs 
through April 30 of the following calendar year. The FMP sets sub-
annual catch limits (sub-ACL) for the recreational fishery each fishing 
year for both stocks. These sub-ACLs are a fixed proportion of the 
overall catch limit for each stock. The FMP also includes proactive

[[Page 47178]]

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 provides a process for 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 governing this action can be 
found in the FMP's implementing regulations at 50 CFR 648.89(f)(3).
    The 2022 recreational sub-ACL proposed in Framework Adjustment 63 
(87 FR 23482; April 20, 2022) for GOM cod is 192 mt and the 2022 
recreational sub-ACL for GOM haddock is 3,634 mt, as set by Framework 
Adjustment 59 (85 FR 45794; July 30, 2020).
    Using the proposed GOM cod and GOM haddock 2022 sub-ACLs and a 
peer-reviewed bioeconomic model developed by NMFS's Northeast Fisheries 
Science Center that predicts fishing behavior under different 
management measures, we estimated 2022 recreational GOM cod and haddock 
removals under several combinations of minimum sizes, slot limits, 
possession limits, and closed seasons. The bioeconomic model considers 
measures for the two stocks in conjunction because cod are commonly 
caught while recreational participants are targeting haddock, linking 
the catch and effort for each stock to the other. The bioeconomic model 
results suggest that measures for both GOM cod and haddock can be 
liberalized somewhat without the 2022 recreational fishery's sub-ACLs 
being exceeded. With any given model, however, there exists some level 
of uncertainty in the accuracy of model predictions. As in past years, 
we used preliminary data from the Marine Recreational Information 
Program (MRIP) for this fishing year. Incorporation of new waves, or 
data updates, may result in changes in model estimates. MRIP data can 
be uncertain and highly variable from year to year.
    For each of the sets of management measures, 100 simulations of the 
bioeconomic model were conducted, and the number of simulations which 
yielded recreational mortality estimates under the sub-ACL was used as 
an estimate of the probability that the simulated set of measures will 
not result in an overage of the sub-ACL. All sets of measures analyzed 
resulted in model-estimated removals under the sub-ACL greater than 50 
percent of the time. The results of the bioeconomic model runs were 
shared with the Council and its Recreational Advisory Panel and 
Groundfish Committee for review.
    At its February 2022 meeting, the Council recommended a set of 
measures that would increase the minimum size for GOM cod from 21 
inches (53.3 cm) to 22 inches (55.9 cm) and include no maximum size. 
The Council discussed options for GOM cod slot limits that would match 
those for Georges Bank cod included in Framework Adjustment 63 
(proposed rule, 87 FR 23482; April 20, 2022). However, the Council did 
not recommend a maximum size for GOM cod because model runs suggested 
it was not necessary to adequately constrain catch. The minimum size 
requirements apply to all private recreational anglers and for-hire 
vessels not fishing under a groundfish day-at-sea or sector operations 
plan. The Council also recommended synchronizing the open season for 
GOM cod for both for-hire and private recreational modes, with a spring 
open season from April 1-14, and a fall open season from September 1-
October 7. The Council recommended increasing the GOM haddock 
possession limit from 15 fish to 20. The bag limit for GOM cod during 
open season would remain 1 fish per angler. Based on model runs, these 
measures are expected to result in catch of cod and haddock that would 
not exceed the sub-ACL for either stock (Table 1).

                        Table 1--Summary of the Status Quo and Proposed Measures, With Model Estimates of Catch and the Probability of Catch Remaining Below the Sub-ACLs
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                                                                 Haddock                                                                          Cod
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                                                                                               %
                                                Minimum                        Predicted  Simulations               Minimum                                               Predicted       %
                                   Possession    size         Open season         catch       under    Possession     size      Open season  (for        Open season         catch   Simulations
                                      limit    (inches)                           (mt)      haddock       limit     (inches)          hire)               (private)          (mt)      under cod
                                                                                            sub-ACL                                                                                    sub-ACL
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Status Quo Measures..............          15        17  May 1-February 28,          875          100           1         21  September 8-October   September 15-30,            116         100
                                                          April 1-30.                                                          7, April 1-14.        April 1-14.
Proposed Measures................          20            May 1-February 28,        1,020          100                     22  September 1-October   September 1-October         146          84
                                                          April 15-30.                                                         7, April 1-14.        7, April 1-14.
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    We are proposing to implement the Council's recommended 
recreational measures for the remainder of fishing year 2022. These 
measures are expected to adequately constrain total catch to prevent an 
overage of both the GOM cod and GOM haddock recreational sub-ACL's, 
while increasing recreational fishing opportunities and harvest of the 
GOM haddock stock by the recreational and for-hire fleets. 
Synchronizing the open seasons for GOM cod is also prudent, because the 
longer for-hire season under status quo measures was previously 
established to offset the impacts of social distancing restrictions on 
for-hire businesses, which are no longer in place. Synchronized 
measures should also improve regulatory compliance by minimizing 
confusion among the angling public.

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has made a 
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.
    The Assistant Administrator for Fisheries finds good cause to have 
a 15-day comment period in accordance with the Administrative 
Procedures Act and as provided for in the Magnuson-Stevens Act. This 
rulemaking proposes more liberal management measures for GOM haddock 
and GOM cod compared to status quo recreational management measures. 
The Northeast multispecies fishing year begins on May 1 of each year 
and continues through April 30 of the following calendar year. Further 
delaying final action on these proposed measures to allow for a longer 
comment period than the minimum 15-day amount allowed for by the 
Magnuson-Stevens Act would diminish the value to the public of 
increasing the haddock possession limit and the more liberal

[[Page 47179]]

measures. Additional time for comment may unnecessarily negatively 
affect business planning for the for-hire segment of the fishery. This 
rulemaking is straightforward and proposes changes that were discussed 
during a series of public meetings. These are yearly measures that are 
familiar to and anticipated by fishery participants. Affected and other 
interested parties participated in the Council's process to develop 
this action that provides for extensive opportunity to comment about 
the measures and their impacts.
    The Chief Counsel for Regulation of the Department of Commerce 
certified to the Chief Counsel for Advocacy of the Small Business 
Administration that this proposed rule, if adopted, would not have a 
significant economic impact on a substantial number of small entities.
    For Regulatory Flexibility Act purposes only, NMFS established a 
small business size standard for businesses, including their 
affiliates, whose primary industry is commercial fishing (see 50 CFR 
200.2). A business primarily engaged in commercial fishing (NAICS code 
11411) is classified as a small business if it is independently owned 
and operated, is not dominant in its field of operation (including its 
affiliates), and has combined annual receipts less than $11 million for 
all its affiliated operations worldwide. A small for-hire recreational 
fishing business is defined as a firm with receipts of up to $7.5 
million. For purposes of this assessment, business entities have been 
classified into the SBA-defined categories based on which activity 
produced the highest percentage of average annual gross revenues from 
2018-2020, the most recent 3-year period for which data are available. 
Ownership data 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.
    As the for-hire owner is permitted and required to comply with 
these measures and can be held liable under the law for violations of 
the proposed regulations, for-hire business entities are considered 
directly affected in this analysis. Private anglers are not considered 
``entities'' under the RFA.
    For-hire fishing businesses are required to obtain a Federal 
charter/party multispecies fishing permit in order to carry passengers 
to catch cod or haddock. Limited access permit holders may also take 
passengers for-hire; however, most limited access permit holders do not 
take passengers for hire. Thus, for the purposes of this action, 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 business that hold for-hire 
permits actively participate in a given year. Those who actively 
participate, i.e., land fish, would be the group of business entities 
that are affected by the regulations. Latent fishing power (in the form 
of unfished permits) has the potential to alter the impacts on a 
fishery, but it is not possible to predict how many of these latent 
business entities will participate in this fishery in fishing year 
2022. The Northeast Federal landings database (i.e., vessel trip report 
data) indicates that a total of 750 vessels held a multispecies for-
hire fishing permit in 2020 (the most recent full year of available 
data). Of the 750 for-hire permitted vessels, only 190 actively 
participated in the for-hire Atlantic cod and haddock fishery in 
fishing year 2020 (i.e., reported catch of cod or haddock).
    Using vessel ownership information and vessel trip report data, it 
was determined that the 190 for-hire vessels actively participating in 
the fishery are owned by 179 unique fishing business entities. The vast 
majority of the 179 fishing businesses were solely engaged in for-hire 
fishing, but some also earned revenue from shellfish and/or finfish 
fishing. The highest percentage of annual gross revenues for all but 16 
of the fishing businesses was from for-hire fishing.
    Average annual gross revenue estimates calculated from the most 
recent three years (2018-2020) indicate that none of the 179 fishing 
business entities had annual receipts of more than $3.8 million from 
all their fishing activities (for-hire, shellfish, and finfish). 
Therefore, all the affected fishing business entities are considered 
``small'' by the SBA size standards and thus this action will not 
disproportionately affect small versus large for-hire business 
entities.
    The measures proposed in this action are intended to increase 
opportunities for anglers to harvest GOM haddock and expand the season 
for GOM cod. These measures would allow party/charter operators greater 
opportunities to market trips to potential customers, which is expected 
to have a positive economic impact. As a result, we expect the impact 
of these measures on impacted entities to be positive. Because the 
changes to the seasons and bag limits are relatively minor, the 
positive effect is not expected to be substantial. For these reasons, 
NMFS has determined that this proposed rule, if adopted, would not have 
a significant economic impact on a substantial number of small 
entities. As a result, an initial regulatory flexibility analysis is 
not required and none has been prepared.
    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    This proposed rule has been determined to be not significant for 
purposes of Executive Order 12866.

List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Recordkeeping and reporting requirements.

     Dated: July 22, 2022.
Kimberly Damon-Randall,
Acting 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.  648.89, revise Table 1 to Paragraph (b)(1), Table 2 to 
Paragraph (c)(1)(i), and Table 3 to Paragraph (c)(2), to read as 
follows:


Sec.  648.89  Recreational and charter/party vessel restrictions.

* * * * *
    (b) * * *
    (1) * * *

[[Page 47180]]



                       Table 1 to Paragraph (b)(1)
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                                  Minimum size          Maximum size
           Species           -------------------------------------------
                                Inches       cm       Inches       cm
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Cod:
    Inside GOM Regulated             22       55.9        N/A       N/A.
     Mesh Area \1\..........
    Outside GOM Regulated            22       55.9         28       71.1
     Mesh Area \1\..........
Haddock:
    Inside GOM Regulated             17       43.2        N/A       N/A.
     Mesh Area \1\..........
    Outside GOM Regulated            18       45.7        N/A       N/A.
     Mesh Area \1\..........
Pollock.....................         19       48.3        N/A       N/A.
Witch Flounder (gray sole)..         14       35.6        N/A       N/A.
Yellowtail Flounder.........         13       33.0        N/A       N/A.
American Plaice (dab).......         14       35.6        N/A       N/A.
Atlantic Halibut............         41      104.1        N/A       N/A.
Winter Flounder (black back)         12       30.5        N/A       N/A.
Redfish.....................          9       22.9        N/A       N/A.
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\1\ GOM Regulated Mesh Area specified in Sec.   648.80(a).

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    (c) * * *
    (1) * * *
    (i) * * *

                                         Table 2 to Paragraph (c)(1)(i)
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               Stock                     Open season               Possession limit             Closed season
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GB Cod............................  August 1-April 30....  5..............................  May 1-July 31.
GOM Cod...........................  September 1-October    1..............................  April 15-August 31,
                                     7, April 1-14.                                          October 8-March 31.
GB Haddock........................  All Year.............  Unlimited......................  N/A.
GOM Haddock.......................  May 1-February 28 (or  20.............................  March 1-March 31.
                                     29), April 1-30.
GB Yellowtail Flounder............  All Year.............  Unlimited......................  N/A.
SNE/MA Yellowtail Flounder........  All Year.............  Unlimited......................  N/A.
CC/GOM Yellowtail Flounder........  All Year.............  Unlimited......................  N/A.
American Plaice...................  All Year.............  Unlimited......................  N/A.
Witch Flounder....................  All Year.............  Unlimited......................  N/A.
GB Winter Flounder................  All Year.............  Unlimited......................  N/A.
GOM Winter Flounder...............  All Year.............  Unlimited......................  N/A.
SNE/MA Winter Flounder............  All Year.............  Unlimited......................  N/A.
Redfish...........................  All Year.............  Unlimited......................  N/A.
White Hake........................  All Year.............  Unlimited......................  N/A.
Pollock...........................  All Year.............  Unlimited......................  N/A.
N Windowpane Flounder.............  CLOSED...............  No retention...................  All Year.
S Windowpane Flounder.............  CLOSED...............  No retention...................  All Year.
Ocean Pout........................  CLOSED...............  No retention...................  All Year.
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Atlantic Halibut..................                              See paragraph (c)(3)
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Atlantic Wolffish.................  CLOSED...............  No retention...................  All Year.
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    (2) * * *

                                           Table 3 to Paragraph (c)(2)
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               Stock                     Open season               Possession limit             Closed season
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GB Cod............................  August 1-April 30....  5..............................  May 1-July 31.
GOM Cod...........................  September 1-October    1..............................  April 15-August 31,
                                     7, April 1-14.                                          October 8-March 31.
GB Haddock........................  All Year.............  Unlimited......................  N/A.
GOM Haddock.......................  May 1-February 28 (or  20.............................  March 1-March 31.
                                     29), April 1-30.
GB Yellowtail Flounder............  All Year.............  Unlimited......................  N/A.
SNE/MA Yellowtail Flounder........  All Year.............  Unlimited......................  N/A.
CC/GOM Yellowtail Flounder........  All Year.............  Unlimited......................  N/A.
American Plaice...................  All Year.............  Unlimited......................  N/A.
Witch Flounder....................  All Year.............  Unlimited......................  N/A.
GB Winter Flounder................  All Year.............  Unlimited......................  N/A.
GOM Winter Flounder...............  All Year.............  Unlimited......................  N/A.
SNE/MA Winter Flounder............  All Year.............  Unlimited......................  N/A.

[[Page 47181]]

 
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.
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Atlantic Halibut..................                              See Paragraph (c)(3)
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Atlantic Wolffish.................  CLOSED...............  No retention...................  All Year.
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[FR Doc. 2022-16137 Filed 8-1-22; 8:45 am]
BILLING CODE 3510-22-P