[Federal Register Volume 87, Number 169 (Thursday, September 1, 2022)]
[Rules and Regulations]
[Pages 53695-53698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-18996]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 648

[Docket No. 220829-0175]
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: Final rule.

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SUMMARY: This rule implements changes to 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. This action is required to help 
achieve optimum yield, prevent overfishing, and ensure management 
measures are based on the best scientific information available.

DATES: The measures in this rule are effective August 30, 2022.

ADDRESSES: To review Federal Register documents referenced in this 
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 
recreational accountability measures (AMs) 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 adjust 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 set by Framework Adjustment 63 (87 FR 
42375; July 15, 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 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 slightly 
liberalized without the 2022 recreational fishery's sub-ACLs being 
exceeded. With any given model, there exists some level of uncertainty 
in the accuracy of model predictions. While a number of parameters and 
unpredicted events may impact the differences between model predictions 
and real-world catch, in recent years the bioeconomic model has 
performed well in terms of model-predicted versus actual catch 
estimates, which suggests the model is a good tool for assessing the 
potential impacts of regulatory changes. As in past years, we used 
preliminary data for the most recent fishing year from the Marine 
Recreational Information Program (MRIP) to calibrate the model. 
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

[[Page 53696]]

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 simulations 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 (87 FR 
42375; July 15, 2022). However, the Council did not recommend a maximum 
size for GOM cod because model simulations 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 to increase opportunities to harvest haddock. The bag limit 
for GOM cod during open season would remain 1 fish per angler. Based on 
model simulations, these measures are expected to result in catch of 
cod and haddock that would not exceed the sub-ACL for either stock 
(Table 1). On August 2, 2022, we published a rule (87 FR 47177) that 
proposed changes to the recreational regulations for GOM cod and GOM 
haddock for fishing year 2022, consistent with the recommendations of 
the Council.

                          Table 1--Summary of the Status Quo and 2022 Measures, With Model Estimates of Catch and the Probability of Catch Remaining Below the Sub-ACLs
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                                                                Haddock                                                                            Cod
                               -----------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                %
                                                                                Predicted  Simulations                                                                    Predicted       %
                                Possession    Minimum size      Open  season      catch       under     Possession    Minimum size   Open  season (for    Open  season      catch    Simulations
                                   limit                                           (mt)    haddock sub-    limit                           hire)            (private)        (mt)     under cod
                                                                                               ACL                                                                                     sub-ACL
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Status Quo Measures...........          15  17 inches (43.2  May 1-February           875          100          1   21 inches (53.3  September 8-       September 15-30,        116          100
                                             cm).             28, April 1-30.                                        cm).             October 7, April   April 1-14.
                                                                                                                                      1-14.
2022 Measures.................          20                   May 1-February          1020          100              22 inches (55.9  September 1-       September 1-            146           84
                                                              28, April 1-30.                                        cm).             October 7, April   October 7,
                                                                                                                                      1-14.              April 1-14.
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    We are implementing 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 
2020 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.

Comments and Responses

    We received three comments on the proposed rule, from three members 
of the public. All three commenters opposed increasing the GOM haddock 
bag limit from 15 fish to 20 fish, and supported either keeping the 15-
fish bag limit or reducing the bag limit to 10 fish.
    Comment 1: Three individuals opposed increasing the recreational 
bag limit for GOM haddock from 15 fish to 20 fish. All three supported 
either retaining the 15-fish bag limit, or reducing the limit to 10 
fish, and commented that a more conservative approach would result in a 
healthier haddock stock and improved recreational fishing 
opportunities.
    Response: Sub-ACLs are designed to prevent overfishing while 
allowing catch at levels that over the long-term help achieve optimum 
yield. In recent years, the recreational and for-hire fleets have 
harvested far fewer GOM haddock than the available sub-ACL for the 
recreational fishery, in part because of regulations restricting GOM 
haddock harvest opportunities with the goal of indirectly reducing 
recreational mortality of GOM cod, as predicted in the bioeconomic 
model. 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.
    For fishing year 2022, the bioeconomic model simulation results 
suggest that the 20-fish GOM haddock limit combined with the modified 
GOM cod measures will not result in exceeding the recreational GOM 
haddock or GOM cod sub-ACLs. The changes resulting from increasing the 
GOM haddock limit from 15 fish to 20 fish are expected to be small as 
few anglers catch the 15-fish bag limit. However, increasing the limit 
to 20 fish provides additional harvest opportunity while still 
appropriately constraining GOM cod catch. The model simulation results 
suggest that a reduction in the GOM haddock limit to 10 fish would 
unnecessarily limit harvest of GOM haddock by recreational anglers. 
Additionally, the model predictions for GOM cod and GOM haddock 
mortality in fishing year 2022 were based on these measures being 
implemented for the entire 2022 fishing year. Although unintentional, 
the implementation of the measures late in the fishing year is expected 
to limit additional recreational harvest of GOM haddock. Therefore, 
increasing the GOM haddock limit should allow greater utilization of 
the recreational sub-ACL for GOM haddock without jeopardizing GOM cod 
or GOM haddock.

Changes From the Proposed Rule

    This rule implements regulations outlined in the proposed rule, and 
there are no changes from the proposed measures in this final rule.

[[Page 53697]]

Classification

    The Assistant Administrator for Fisheries, NOAA (AA), has 
determined that this final rule is consistent with the Northeast 
Multispecies FMP, other provisions of the Magnuson-Stevens Act, and 
other applicable law.
    The Assistant Administrator for Fisheries finds that there is good 
cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in the date of 
effectiveness for this action. This final rule must be implemented as 
soon as possible to allow recreational and for-hire anglers greater 
benefits from measures in the rule, avoid potentially adverse economic 
impacts, and preserve the intended outcomes of the measures for the 
fishery.
    A delay in implementation of this rule would have negative economic 
effects for regulated entities in both the short term and the long 
term, and would prevent the recreational fishery from realizing the 
full intended benefits of the proposed measures. For-hire operators 
have already booked trips with prospective anglers based on the 
expectation that these measures would be implemented and take effect 
prior to September 1, 2022, which is the beginning of the recreational 
open season for GOM cod. If the measures in this rule have not taken 
effect prior to September 1, 2022, anglers may cancel reservations or 
try to reschedule trips for other dates; some operators may have to 
reimburse clients for trips already booked, reserved, or paid for. This 
could also hurt the business relationships between for-hire operators 
and their clients, leading to longer term economic impacts for 
operators.
    In addition, providing for the 30-day delay in the date of 
implementation for this final rule is unnecessary because this final 
rule contains no new measures (e.g., it does not require new equipment) 
for which regulated entities would otherwise need time to prepare for 
or to revise their current practices. Furthermore, anglers and for-hire 
operators who are subject to this action expect timely implementation 
to avoid adverse economic impacts. This final rule is straightforward 
and includes changes to recreational measures that were discussed 
during a series of public meetings. This final rule contains yearly 
measures that are familiar to and anticipated by fishery participants. 
A 30-day delay in the date of implementation for the measures in this 
action would undermine the economic benefits of the expanded GOM cod 
recreational season; would delay the benefits of the expanded GOM 
haddock limit, especially for for-hire vessels; and could lead to 
considerable confusion among the recreational community about the 
effective date of these measures, resulting in unintentional non-
compliance with recreational regulations. For these reasons, a 30-day 
delay in the date of effectiveness for this final rule is unnecessary, 
impracticable and contrary to the public interest.
    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, which was published 
in the proposed rule, has not changed and is not repeated here. No 
comments were received regarding this certification. As a result, a 
final regulatory flexibility analysis was not required and none was 
prepared.
    This final rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.
    This final 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: August 29, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is 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:
0
a. Revise Table 1 to Paragraph (b)(1);
0
b. Amend paragraph (c)(1) introductory text by removing the phrase 
``Table 2 to this paragraph (c)'' and adding, in its place, the phrase 
``Table 2 to paragraph (c)(1)(i)'';
0
c. Amend paragraph (c)(1)(i) by removing the phrase ``Table 2 to 
paragraph (c)'' and adding, in its place, the phrase ``Table 2 to 
paragraph (c)(1)(i)'';
0
d. Revise Table 2 to Paragraph (c)(i);
0
e. Amend paragraph (c)(2) by removing the phrase ``Table 3 to this 
paragraph (c)'' and adding, in its place, ``Table 3 to paragraph 
(c)(2)'';
0
f. Revise Table 3 to Paragraph (c)(2).
    The revisions read as follows:


Sec.  648.89  Recreational and charter/party vessel restrictions.

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

                       Table 1 to Paragraph (b)(1)
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                                  Minimum size          Maximum size
           Species           -------------------------------------------
                                Inches       cm       Inches       cm
------------------------------------------------------------------------
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
------------------------------------------------------------------------
\1\ GOM Regulated Mesh Area specified in Sec.   648.80(a).


[[Page 53698]]

* * * * *
    (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.
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. 2022-18996 Filed 8-30-22; 4:15 pm]
BILLING CODE 3510-22-P